ADOPTED SENATE AMENDMENTS
TUESDAY, FEBRUARY 25, 2003
HB0003JC01/AA
Delete the following Senate amendments:
HB0003S2001/A
TIPTON, HINCKLEY, MEYER, CATHCART, BURNS, CALLER.
HB0009S2001/AE
Page 1-line 2 Delete "eliminating" insert "extending".
Page 1-line 12 After "11-6-305(a)" insert ", 11-6-313".
Page 2-after line 16 Insert:
"11‑6‑313. Expiration date.
This article is repealed effective January
1, 2005 2009.".
Page 3-line 21 Delete "W.S. 11-6-313 and".
Page 3-line 22 Delete "are " insert "is". SCHIFFER
HB0043S2001/AE
[TO ENGROSSED COPY]
Page 2-line 14 Delete "and".
Page 2-after 14 Insert and renumber:
"(iii) The total family net assets of the individual do not exceed two hundred thousand dollars ($200,000.00); and".
Page 2-line 16 Delete "(iii)" insert "(iv)". CASE
HB0046SS001/AE
[TO ENGROSSED COPY]
Page 1-line 3 Delete "an"; delete "board" insert "committees".
Page 1-line 13 Delete "9‑2‑2805" insert "9‑2‑2804".
Page 2-line 2 Delete "termination" insert "advisory committees".
Page 2-line 9 Delete "fifteen (15)" insert "thirteen (13)".
Page 2-line 10 After "governor" insert "." delete "including:".
Page 2-lines 12 through 23 Delete.
Page 3-lines 1 through 8 Delete.
Page 4-line 1 After "meet" delete balance of line.
Page 4-line 2 Delete "Eight (8)" insert "Seven (7)".
Page 4-After line 6 insert:
"(g) The commission may form advisory committees to assist with its duties imposed under this article.".
Page 4-lines 8 through 24 Delete.
Page 5-lines 1 through 20 Delete.
Page 5-line 22 Delete "(b)"; delete "board" insert "committee".
Page 5-line 23 Delete "to" insert "by"; after "commission" insert "." and delete balance of line.
Page 5-line 24 Delete.
Page 6-lines 1 and 2 Delete.
Page 6-line 3 Delete line through ".".
Page 6-line 4 Delete "board" insert "committee".
Page 6-line 8 Delete "(c)"; before "advisory" delete "the"; delete "board" insert "committees".
Page 6-line 9 After second "the" delete balance of line and insert "advisory committees.".
Page 6-lines 10 through 12 Delete.
Page 6-line 14 Delete "9‑2‑2803" insert "9‑2‑2802".
Page 7-line 20 Delete "nationally".
Page 8-line 1 Delete "9‑2‑2804" insert "9‑2‑2803".
Page 9-line 3 Delete "Medical" insert "Health care tort".
Page 9-After line 14 insert and renumber:
"(ix) The implications of any reforms for non-health care activities;
(x) A system to investigate and reduce health care errors with the provision of compensation for errors due to negligence on a schedule as an exclusive remedy;".
Page 9-line 16 Delete "(ix)" insert "(xi)".
Page 9-line 22 After "." insert "The governor may make the state planning grant task force subordinate to the commission, assign the commission director as executive secretary of the state planning grant task force or merge the task force into the commission.".
Page 10-line 2 Delete "judiciary" insert "labor, health and social services".
Page 10-After line 5 insert and renumber:
"(d) Every two (2) months the commission shall submit a written progress report to the joint labor, health and social services interim committee. The committee shall create a subcommittee to meet jointly with the commission, as appropriate and subject to the agreement of the chairman of the commission, and prepare legislation necessary to implement commission recommendations. The subcommittee shall submit recommended draft legislation to the joint labor, health and social services interim committee for consideration.".
Page 10-line 7 Delete "(d)" insert "(e)".
Page 10-line 11 Delete "9‑2‑2805" insert "9‑2‑2804".
Page 10-line 13 Delete "9‑2‑2804" insert "9‑2‑2803". SCOTT, CHAIRMAN
HB0046SW001/AE
[TO ENGROSSED COPY]
Page 2-line 9 Delete the Senate Standing Committee Amendment (HB0046SS001/AE) to this line and further amend as follows: Delete "fifteen (15)" insert "nine (9)".
Page 4-line 2 Delete the Senate Standing Committee Amendment (HB0046SS001/AE) to this line and further amend as follows: Delete "Eight (8)" insert "Five (5)". GEIS, MEIER
HB0046SW002/AE
[TO ENGROSSED COPY]
Page 9-line 3 Delete the Senate Standing Committee Amendment (HB0046SS001/A) to this line and further amend as follows: Delete "Medical" insert "Health care tort and". SCOTT
HB0065SS001/A
Page 1-line 10 Delete "27-3-102(a)(xviii)(A) and".
Page 1-line 11 Delete "are" insert "is".
Page 1-lines 13 through 15 Delete.
Page 2-lines 1 through 23 Delete.
Page 6-line 11 Before "Except" insert "For the calendar year 2004, the base rate assigned to any employer under this subsection or any variation assigned under subsection (d) of this section shall be reduced by fourteen percent (14%).".
Page 9-line 14 Strike "five percent".
Page 9-line 15 Strike "(5%)" insert "four percent (4%)".
Page 9-line 24 Strike "five percent (5%)" insert "four percent (4%)".
Page 10-line 4 Strike "five percent".
Page 10-line 5 Strike "(5%)" reinsert stricken "four percent (4%)".
Page 10-line 17 After stricken "27-3-503(g)." insert "The adjustment factors applied to an employer's contribution rate shall not be less than zero (0).". SCOTT, CHAIRMAN
HB0077SS001.01/ACE CORRECTED
DIVIDED AMENDMENT
[TO ENGROSSED COPY]
Page 18-line 13 After "(c)" insert "Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013,".
Page 33-line 15 Before "A" insert "Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013,".
Page 49-line 6 After "(a)" insert "Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013,".
Page 52-line 3 After "trust." delete balance of line.
Page 52-line 4 Delete.
Page 55-line 14 After "(a)" insert "Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013,".
Page 76-line 11 Delete "or" insert "a fiduciary".
Page 76-line 12 Delete "assisting the trustee"; delete "4-10-1012" insert "4-10-1013".
Page 111-line 15 Before "W.S." insert "the rights of persons dealing with a fiduciary as provided in"; delete "4-10-1012" insert "4-10-1013".
Page 125-line 23 Delete "before,".
Page 126-lines 5 through 16 Delete.
Page 126-line 18 Delete "(v)" insert "(iii)". HANES, CHAIRMAN
HB0077SW001/AE
[TO ENGROSSED COPY]
Page 125-line 19 After "act" insert "and subsection (c) of this section".
Page 127-after line 2 Insert:
"(c) This act applies to a trust created before July 1, 2003 if the settlor, if living, and all qualified beneficiaries consent to the application. If the settlor is not living, this act may apply to a trust created before July 1, 2003 if all qualified beneficiaries consent to the application. If all of the qualified beneficiaries do not consent to a proposed application of this act to the trust, the court may apply this act to the trust after determining that the interests of the non-consenting qualified beneficiary will be adequately protected.". HANES
HB0077SW002.01/ACE CORRECTED
DIVIDED AMENDMENT
[TO ENGROSSED COPY]
Page 13-lines 17 through 23 Delete and insert:
"(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the interests of the beneficiaries unless otherwise provided in subsection (a) of this section or changed as provided in subsection (c) of this section.".
Page 14-line 2 After "trustee" insert ", in furtherance of the duty prescribed by subsection (b) of this section,".
Page 15-lines 15 through 19 Delete and renumber.
Page 70-line 6 After "exercised" insert "." and delete balance of line.
Page 70-line 7 Delete through "persons.". SCHIFFER
HB0077SW004/AE
[TO ENGROSSED COPY]
Page 59-line 3 After "bond," delete "even if" insert "unless". BURNS
HB0134S2001/AE
[TO ENGROSSED COPY]
Page 33-line 6 Delete "July 1, 2003" insert "April 1, 2004".
Page 33-line 7 Delete "July 1, 2003" insert "April 1, 2004".
Page 38-line 18 Delete "June 30, 2003" insert "March 31, 2004".
Page 38-line 23 Delete "July 1, 2003" insert "April 1, 2004".
Page 61-after line 2 Insert and renumber:
"Section 4. The state capital financing commission shall not issue nor undertake any activity to issue any bond under this act prior to April 1, 2004. The legislature affirms that the authority of the state loan and investment board to issue bonds pursuant to W.S. 9-4-605 shall remain in effect through March 31, 2004 and that the provisions of this act shall not, for any purpose including but not limited to references to bonding authority contained in 2003 House Bill 0001 or 2003 Senate File 0001, be construed as prohibiting the state loan and investment board from issuing bonds under that section prior to March 31, 2004.".
Page 61-line 4 Delete "4" insert "5". MOCKLER
HB0134S2002/AE
[TO ENGROSSED COPY]
Delete the Meier, Coe Committee of the Whole amendment (HB0134SW001/AE) entirely and further amend as follows:
Page 1-line 7 Delete ", increasing".
Page 1-line 9 After "provisions;" delete balance of the line.
Page 1-line 10 Delete the line through "distributions;".
Page 15-line 12 Delete "W.S. 9-4-601(m)(iii)" insert "this section"; before "9-5-107" insert "W.S.".
Page 15-line 13 Delete "two".
Page 15-line 14 Delete entirely and insert "one hundred five million dollars ($105,000,000.00) in".
Page 15-line 18 Delete "Sufficient revenues to".
Page 15-lines 19 through 24 Delete.
Page 16-lines 1 through 14 Delete and insert "Prior to distribution to the public school foundation program account under W.S. 9-4-601(a)(ii), sufficient revenues for the purposes of this subsection shall be deducted therefrom and credited to a bond repayment account pursuant to the terms of the resolution, indenture or other appropriate proceeding authorizing the issuance of revenue bonds under this subsection. To the extent that sufficient revenues are not available to fully fund the bond repayment account as provided by this subsection, prior to any distribution to the highway fund under W.S. 9-4-601(a)(iii), sufficient additional revenues for the purpose of this subsection shall be deducted therefrom and credited to the bond repayment account under this subsection. The revenues deducted shall be used as provided by this subsection. The balance of the revenues shall be credited to the public school foundation program account and the highway fund as provided by W.S. 9-4-601.".
Page 17-line 4 Delete "three hundred".
Page 17-line 5 Delete the line through "($350,000,000.00)" insert "one hundred million dollars ($100,000,000.00)".
Page 25-line 14 Before "(ii)," delete "(intro),"; delete "(vii), (d)(intro) and by".
Page 25-line 15 Delete.
Page 25-line 16 Delete the line through "(iv),".
Page 25-line 23 Delete "(a) and".
Page 30-lines 1 through 23 Delete all new language.
Page 31-line 5 After "9-4-605(a)" insert "and 9-5-405(a)".
Page 31-lines 9 through 24 Delete.
Page 32-lines 1 through 24 Delete.
Page 33-lines 1 through 24 Delete.
Page 34-lines 1 through 10 Delete.
Page 50-lines 7 through 23 Delete.
Page 51-lines 1 and 2 Delete.
Page 51-lines 6 and 7 Reinsert all stricken language and delete all new language.
Page 51-lines 11 through 13 Reinsert all stricken language and delete all new language.
Page 52-line 9 Delete "and".
Page 52-line 10 Delete "9-4-601(a)(vii)". MOCKLER, MEIER
HB0134S2003/ACE CORRECTED
CORRECTED COPY
[TO ENGROSSED COPY]
Page 10-line 12 Delete "necessary" insert "a"; after "staff" insert "person".
Page 10-line 13 Before "shall" delete "and" insert "who".
Page 10-line 14 After "commission" insert "." and delete balance of line.
Page 10-line 15 Delete. MASSIE
HB0149SS001/AE
[TO ENGROSSED COPY]
Page 1-line 3 Before "and" insert ", nurses".
Page 1-line 9 After "35-15-131," insert "33-21-157,".
Page 3-line 20 Before "without" insert "with or".
Page 8-after line 5 Insert and renumber:
"33‑21‑157. Nurses volunteer license.
(a) As used in this section, "low income uninsured person" and "nonprofit health care facility" have the same meanings as in W.S. 33‑15‑131(a).
(b) For purposes of this section, a person shall be considered retired from practice if the person's license or certificate has expired.
(c) The state board of nursing may issue, with or without examination, a volunteer's certificate to a person who is retired from practice so that the person may provide nursing services to low income uninsured persons at nonprofit health care facilities. The board shall deny issuance of a volunteer's certificate to a person who is not qualified under this section to hold a volunteer's certificate.
(d) An application for a volunteer's certificate shall include all of the following:
(i) A copy of the applicant's nursing degree;
(ii) One (1) of the following, as applicable:
(A) A copy of the applicant's most recent license or certificate authorizing the practice of nursing issued by a jurisdiction in the United States that licenses persons to practice nursing; or
(B) A copy of the applicant's most recent license equivalent to a license to practice nursing in one (1) or more branches of the United States armed services that the United States government issued.
(iii) Evidence of one (1) of the following, as applicable:
(A) That the applicant has maintained for at least ten (10) years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice nursing; or
(B) That the applicant has practiced for at least ten (10) years immediately prior to retirement in good standing as a nurse in one (1) or more of the branches of the United States armed services; and
(iv) A notarized statement from the applicant, on a form prescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any nursing services rendered while in possession of a volunteer's certificate;
(B) Will devote his practice exclusively and totally to providing medical services to low income uninsured persons at a nonprofit health care facility in this state; and
(C) Will provide any other documentation that the board reasonably may require.
(e) The holder of a volunteer's certificate may provide nursing services only on the premises of a nonprofit health care facility in this state and only to low income uninsured persons. The holder shall not accept any form of remuneration for providing nursing services while in possession of the certificate. The board may revoke a volunteer's certificate on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the certificate.
(f) A volunteer's certificate shall be valid for a period of one (1) year, unless earlier revoked under subsection (e) of this section or pursuant to title 33, chapter 21 of the Wyoming statutes. A volunteer's certificate may be renewed upon the application of the holder. The board shall maintain a register of all persons who hold volunteer's certificates. The board shall not charge a fee for issuing or renewing a certificate pursuant to this section.
(g) To be eligible for renewal of a volunteer's certificate, the holder of the certificate shall certify to the board completion of any continuing education required under this act as if the holder of the certificate were in active practice. The board shall not renew a certificate if the holder has not complied with the continuing education requirements. The nonprofit health care facility in which the holder provides nursing services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education.
(h) The board shall issue to each person who qualifies under this section a volunteer's certificate that states the certificate holder is authorized to provide nursing services pursuant to the laws of this state.
(j) Except as provided in this section, any person holding a volunteer's certificate issued by the board under this section shall be subject to the requirements of this act and the jurisdiction of the board as if he were licensed to practice nursing under this act.
(k) The board shall adopt rules to administer and enforce this section.".
Page 8-line 17 Before "without" insert "with or".
Page 13-line 13 Before "without" insert "with or".
Page 17-line 14 After "33-15-128(a)(xvii)," insert "33-21-120(a)(xii),".
Page 17-after line 24 Insert and renumber:
"33‑21‑120. Definitions.
(a) As used in this act:
(xii) "This act" means
W.S. 33‑21‑119 through 33‑21‑156
33‑21‑157.". SCOTT, CHAIRMAN
HB0155S2001/AE
[TO ENGROSSED COPY]
Page 2-line 6 After "assistant." insert "Nothing in this subsection shall be construed to preclude a physical therapist from treating a chronic or recurring injury or condition without a prescription, provided that the patient or client was previously diagnosed and prescribed physical therapy treatment within the previous year by a health care provider identified in this subsection and the treatment is directly related to the original prescribed care.". MEIER
HB0155S2002/AE
[TO ENGROSSED COPY]
Page 2-line 1 After "therapist" insert "with a master's degree, or a bachelor's degree with five (5) years of clinical experience".
Page 2-line 21 Delete the Senate Standing Committee Amendment (HB0155SS001/AE) to this line and further amend as follows: After "(iii)" insert "Except for patients or clients participating in general exercise or fitness programs or receiving physical therapy services under an individualized education program or an individualized family services plan,".
Page 3-line 9 After "coverage" delete "is" insert "may"; after "not" insert "be"; after "through" insert "governmental or worker's compensation programs".
Page 3-line 10 Delete "Medicaid". MASSIE, MEIER
HB0155S2003/AE
[TO ENGROSSED COPY]
Page 2-line 1 Before "A physical" insert "Except as provided in this subsection,".
Page 2-line 6 After "assistant." Insert "Without a prescription, a physical therapist is prohibited from initiating physical therapy treatment for children under the age of twelve (12) years, unless the child is to receive physical therapy treatment under an individualized education program or an individualized family services plan.". DEVIN
HB0229SW001/AE
[TO ENGROSSED COPY]
Page 1-line 3 After "as specified;" insert "monitoring gray wolves;".
Page 6-after line 4 Insert and renumber:
"(e) The department shall actively monitor big game animal herd populations statewide to determine whether and to what extent the gray wolf is negatively impacting big game animal herds, and thereby hunting opportunities. To the extent permitted by this title, the department shall manage the gray wolf population as necessary to ensure the long-term health and viability of any big game animal herd that is being threatened in this state.".
Page 6-line 6 Delete "(e)" insert "(f)". GEIS