ADOPTED SENATE AMENDMENTS

 

THURSDAY, MARCH 03, 2005

 

 

HB0040JC01/AA

TO ENGROSSED COPY

 

Adopt the following Senate amendments:

HB0040S2001/AE

HB0040S2002/ACE

HB0040S3001/AE

HB0040S3002/AE

HB0040S3003/AE

HB0040SW001/AE

HB0040SW002/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 12–after line 2    Insert and renumber:

 

"Section 4.  Notwithstanding section 3 of this act, W.S. 9-2-2501(a) as amended by 2005 House Enrolled Act 112, being original House Bill 0290 shall not be effective and W.S. 9-2-2501(a) shall be repealed as provided by 2005 Senate Enrolled Act 75, being original Senate File 0156.

 

Section 5.  Notwithstanding section 3 of this act, W.S. 35-7-1059(k) and (m)(i), as enacted by the 2005 legislature by House Enrolled Act 133, being original House Bill 0293, is amended to read:

 

35‑7‑1059.  Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.

 

(k)  A person who intentionally or knowingly violates subsection (g), (h) or (j) of this section is guilty of a misdemeanor punishable by a fine of one hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00) for a second offense within two (2) years and one thousand dollars ($1,000.00) and up to six (6) months imprisonment, or both, for a third offense within three (3) years.  It shall be a defense to violation under paragraph (g)(ii) of this section that the person making the sale required and obtained proof of age from a purchaser who produced a false, forged or altered document that an ordinarily prudent person would believe to be legitimate.

 

(m)  A resident or nonresident retailer, manufacturer or wholesaler who distributes ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers in Wyoming shall:

 

(i)  Register with the board by submitting an application on a form prescribed by the board and pay a registration fee of twenty-five dollars ($25.00).  Where the retailer, manufacturer or wholesaler distributions are conducted at more than one (1) location, each location shall be separately registered.  Except as provided in subsection (m) (n) of this section, those facilities registered with the board under W.S. 35‑7‑1024 on July 1, 2005, shall not be required to register under this section;".

 

Renumber as necessary.  COHEE, DIERCKS, HINCKLEY, MOCKLER,

SCHIFFER, LARSON

 

 

HB0083JC01/AA

TO ENGROSSED COPY

 

Delete the following Senate amendments:

 

HB0083S3001/AE

HB0083S3002/AE

HB0083S3003/AE

HB0083S3004/AE

HB0083S3005/AE

HB0083S3006/AE

HB0083S3007/AE

HB0083S3008/AE

HB0083S3009.01/ACE

HB0083S3010/AE

HB0083SW002/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 3      Delete "specifying the".

 

Page 1-lines 4 through 6          Delete entirely and insert "providing for selection of panel members; designating the attorney general or his designee as panel director to perform administrative tasks; authorizing the use of administrative hearing officers; establishing procedures for review of claims; providing definitions; granting rulemaking authority; providing appropriations; authorizing positions; and providing for effective dates.".

 

Page 1-line 16     After "Act" insert "of 2005".

 

Page 2-lines 5 through 9          Delete entirely.

 

Page 2-line 11     Delete "(ii)" insert "(i)".

 

Page 2-line 17     Delete "(iii)" insert "(ii)".

 

Page 3-line 8      Before "means" insert "or "claim"".

 

Page 4-line 13     Delete "application for"; delete "review".

 

Page 5-line 7      After "may" insert "use the office of administrative hearings as necessary and may".

 

Page 5-line 15     Delete "for each one-half (1/2)" insert "per day each"; delete "or portion".

 

Page 5-line 16     Delete "thereof".

 

Page 5-line 17     Delete "for" insert "per"; delete "days" insert "day"; delete "one (1)".

 

Page 5-line 18     Delete entirely.

 

Page 5-line 19     Delete "is convened" insert "two thousand dollars ($2,000.00) per claim reviewed".

 

Page 6-line 8      Before "No" insert "Unless submission to the panel is waived in accordance with W.S. 9-2-1519(a),".

 

Page 6-line 9      Delete "an" insert "a".

 

Page 6-line 10     Delete "application for"; delete "review".

 

Page 6-line 13     Delete "application for"; delete "review".

 

Page 6-line 15     After "decision" delete balance of line and insert ", or seventy-five (75) days after the panel's last hearing, whichever occurs earlier.".

 

Page 6-line 16     Delete entirely.

 

Page 6-line 18     Delete "and witnesses".

 

Page 6-line 24     Delete "applications for claim review"  insert "claims".

 

Page 7-line 9      Delete the first "application for"; delete "review"; delete the second "application for".

 

Page 7-line 10     Delete "review".

 

Page 7-line 14     Delete "case" insert "claim".

 

Page 7-line 16     Delete "an application for" insert "a"; delete "review".

 

Page 7-line 18     Delete "application for"; delete "review".

 

Page 8-line 13     Delete "forty-five (45)" insert "sixty (60)".

 

Page 8-line 14     Delete "application for".

 

Page 8-line 15     Delete "review".

 

Page 8-line 22     Delete "application for"; delete "review".

 

Page 9-line 2      Delete "an application for" insert "a"; delete "review".

 

Page 9-line 3      Delete "application" insert "claim".

 

Page 9-line 5      Delete "application for"; delete "review".

 

Page 9-line 8      Delete "application for"; delete "review"; delete "thirty (30)" insert "sixty (60)".

 

Page 9-line 10     Delete "statement" insert "medical records release".

 

Page 9-line 13     Delete "privileged" insert "confidential".

 

Page 9-line 16     After "fails to" insert "timely".

 

Page 9-line 17     Delete "application for"; delete "review".

 

Page 10-line 1     Delete "members of the state bar" insert "attorneys licensed in this state".

 

Page 10-line 2     After "person" insert "unanimously chosen by the first four (4) members,".

 

Page 10-line 5     Delete "one (1) member" insert "the health care provider members".

 

Page 10-line 17    Delete "application for"; delete "review".

 

Page 10-line 23    Delete "application for".

 

Page 10-line 24    Delete "review".

 

Page 11-line 8     Delete "shall" insert "may, by majority vote,".

 

Page 11-line 9     After "members" delete balance of line and insert "to preside over the panel proceedings, or".

 

Page 11-line 10    After "shall" insert "request a hearing officer from the office of administrative hearings to".

 

Page 11-line 15    Delete "application for"; delete "review".

 

Page 11-line 18    Delete "application for"; delete "review".

 

Page 12-line 5     Delete "an application for" insert "a"; delete "review".

 

Page 12-line 7     Delete "application for"; delete "review".

 

Page 12-line 10    Delete "applications for claim review" insert "claims".

 

Page 12-line 22    Delete "application for".

 

Page 12-line 23    Delete "claim review" insert "submission of the statement required under W.S. 9-2-1519(b)".

 

Page 13-line 2     Delete "applications for claim review" insert "claims, answers,".

 

Page 13-line 12    Delete "may" insert "shall"; after "made" delete balance of line and insert ".".

 

Page 13-line 13    Delete the line through ".".

 

Page 13-line 23    Before "date" insert "beginning".

 

Page 14-line 1     Delete "claimant or his attorney consents" insert "parties consent".

 

Page 14-line 19    After "The" insert "final".

 

Page 14-line 22    After "timely" insert "final".

 

Page 15-line 2    After "The" insert "final".

 

Page 15-line 16    Delete "application".

 

Page 15-line 17    Delete "for"; delete "review".

 

Page 15-line 18    Before "decision" insert "final".

 

Page 16-line 9     Before "There" insert "(a)".

 

Page 16-After line 12   Insert:

 

"(b)  There is appropriated from the general fund to the office of the attorney general two hundred fifty thousand dollars ($250,000.00), or as much thereof as necessary, and the attorney general is authorized up to two (2) additional full-time equivalent positions to carry out the purposes of this act.".

 

Page 16-line 14    After "4." insert "(a)  Except as provided in subsection (b) of this section,".

 

Page 16-After line 14   Insert:

 

"(b)  W.S. 9-2-1517(b), as created in section 1 of this act, and section 3(b) of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". SIMPSON, LUBNAU, OSBORN, HANES, BARRASSO, MOCKLER

 

 

HB0308JC01/AA

TO ENGROSSED COPY

 

Delete the following Senate amendments:

HB0308SS001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 4-line 2      Delete "local governments with grants" insert "funding".

 

Page 4-line 3      After "officers" insert ", public defenders".

 

Page 4-line 8      After "substances" delete balance of line and insert ".  Funds appropriated under this section may also be used to pay for tests for the use of illegal drugs and controlled substances for persons who have been convicted of a crime or adjudicated delinquents.".

 

Page 4-lines 9 thru 11       Delete.

 

Page 4-line 17     After "governments" insert ", the Wyoming division of criminal investigation".

 

Page 4-line 24     Delete "local" insert "grantee.".

 

Page 5-lines 1 and 2    Delete.

 

Page 5-after line 2     Insert and renumber:

 

"(d)  There is hereby appropriated from the general fund five hundred thousand dollars ($500,000.00) for competitive grants to cities and counties for probation services for juveniles sentenced to probation by circuit or municipal courts.  In awarding grants, the attorney general shall consider:

 

(i)  The adequacy of the system proposed for identifying juveniles who are most at risk of progressing to serious drug offenses if not placed on probation to ensure that necessary treatment requirements are complied with;

 

(ii)  The availability of treatment resources which can treat the probationers; and

 

(iii)  The demonstrated need for financial resources of the local government applying.".

 

Page 5-line 4      Delete "(d)" insert "(e)".

 

Page 5-line 10     Delete "two million dollars"  insert "five hundred thousand dollars ($500,000.00)".

 

Page 5-line 11     Delete "($2,000,000.00)".

 

 

Page 5-after line 17         Insert and renumber:

 

"(b)  There is hereby appropriated one million dollars ($1,000,000.00) from the general fund to the department of health beginning July 1, 2005 to provide funding for the implementation of best practices prevention and intervention services including parenting skills, life skills and indicated therapeutic interventions for the children and families of those individuals receiving treatment as specified in subsection 1(a) of this act.  The appropriation under this subsection is subject to the following:

 

(i)  Public or private entities may apply for grants under this section to fund prevention and intervention services to children and families of those receiving treatment.  Grant requests shall be reviewed by the department of health.  The department of health shall make recommendations for funding to the governor's advisory board on substance abuse and violent crime, which shall determine the grants to be awarded.  Any funds awarded under this section shall not supplant funds currently being used by the public or private entity for the purposes specified in this subsection;

 

(ii)  In reviewing and awarding grants under this act, the department of health and the governor's advisory board on substance abuse and violent crime shall consider:

 

(A)  Geographic distribution of the prevention and intervention resources;

 

(B)  A projection of the number of persons who will be served, with respect to the number of clients receiving treatment services for methamphetamine in the specified geographic region;

 

(C)  Collection and reporting of data that may demonstrate the effectiveness of prevention and intervention services.".

 

Page 5-lines 19 thru 24      Delete.

 

Page 6-lines 1 thru 13       Delete.

 

Page 6-line 15     Delete "(d)" insert "(c)".

 

Page 6-line 18     Delete "(e)" insert "(d)".

 

Page 6-line 22     Delete "(f)" insert "(e)".

OSBORN, HARVEY, QUARBERG, SCOTT, COE, MASSIE

 

 

HB0314JC01/AA

TO ENGROSSED COPY

 

Adopt the following Senate amendments:

HB0314S3001/ACE

HB0314SS001/AE

 

Delete the following Senate amendments:

HB0314S2001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 3-line 8      After "section." insert "The rules shall include a method for legal representation for juveniles based upon a system which mandates a negotiated contract between a county and each service provider for services on an hourly basis, a per case basis or by a time limited contract.".  SIMPSON, ALDEN, GOGGLES, HANES, MOCKLER.

 

 

 

 

SF0019JC01/

TO ENGROSSED COPY

 

 

Delete the following House amendments:

SF0019HS001/AE

 

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 3      After ";" insert "providing an appropriation;".

 

Page 2-line 1      After "governor" delete balance of line.

 

Page 2-line 2      Delete line through "office".

 

Page 2-line 4      After "state" delete balance of line.

 

Page 2-line 5      Delete line through "office".

 

Page 2-line 7      After "auditor" delete balance of line.

 

Page 2-line 8      Delete line through "office".

 

Page 2-line 10     After "treasurer" delete balance of line.

 

Page 2-line 11     Delete line through "office".

 

Page 2-line 14     After "instruction" delete balance of line.

 

Page 2–line 15     Delete line through "office".

 

Page 3–line 13     Delete "and".

 

Page 3-line 19     Delete "." insert ";".

 

Page 3-After line 19    Insert:

 

"(xii)  One (1) representative appointed by the state board of land commissioners to represent parent organizations; and

 

(xiii)  One (1) representative from either the forest products industry or the forestry profession, appointed by the state board of land commissioners.".

 

Page 5-After line 19    Insert:

 

"Section 2.  Thirty thousand dollars ($30,000.00) is appropriated from the general fund to the office of state lands and investments to fund interim meetings and activities of the task force and to contract with appropriate professionals as necessary to complete the duties assigned to the task force in section 1 of this act.".

 

Page 6-line 1Delete "2" insert "3".  GEIS, HINES, JOB, HAGEMAN, SAMUELSON, SEMLEK

 

 

 

SF0041JC01/A

TO ENGROSSED COPY

 

Pursuant to Joint Rule 2-4, the Senate recedes from its non-concurrence and adopts the following House amendments:

 

SF0041H2001/AE

SF0041H2002/AE

SF0041H2004/AE

SF0041H2007/AE

SF0041H2008/AE

SF0041H2009/AE

SF0041H2011/AE

SF0041H3001/AE

SF0041H3004/AE

SF0041HS001/AE

SF0041HS002/AE

SF0041HW001/AE

SF0041HW004/AE

SF0041HW005/AE

SF0041HW006/AE

SF0041HW007/AE

SF0041HW008/AE

SF0041HW009/AE

SF0041HW010/AE

SF0041HW014/AE  BURNS, MASSIE, PECK, CHILDERS, BROWN, BUCHOLZ

 

 

SF0041JC01/A

TO ENGROSSED COPY

 

Pursuant to Joint Rule 2-4, the Senate recedes from its non-concurrence and adopts the following House amendments:

 

SF0041H2001/AE

SF0041H2002/AE

SF0041H2004/AE

SF0041H2007/AE

SF0041H2008/AE

SF0041H2009/AE

SF0041H2011/AE

SF0041H3001/AE

SF0041H3004/AE

SF0041HS001/AE

SF0041HS002/AE

SF0041HW001/AE

SF0041HW004/AE

SF0041HW005/AE

SF0041HW006/AE

SF0041HW007/AE

SF0041HW008/AE

SF0041HW009/AE

SF0041HW010/AE

SF0041HW014/AE  BURNS, MASSIE, PECK, CHILDERS, BROWN, BUCHOLZ

 

 

SF0071JC01/A

TO ENGROSSED COPY

 

Delete the following House amendments:

SF0071H2001/AE

SF0071H2002/AE

SF0071HS001/AE

SF0071HS002/AE

 

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 8      After ";" insert "providing for a survey; providing for reports;".

 

Page 4-line 7      After "21-15-115" delete balance of the line and insert ".  No ownership interest nor any right to exercise control over the project or facility under a project shall remain with the school district upon expenditure of any funds under this program for any project.".

 

Page 4-line 8      Delete entirely.

 

Page 6-line 5      Delete "ten (10)" insert "four (4)".

 

Page 9-line 4      Delete "Five million dollars ($5,000,000.00)" insert "Seven million five hundred thousand dollars ($7,500,000.00)".

 

Page 9-After line 14    Insert:

 

"(c)  The council shall report to the joint appropriations and joint minerals, business and economic development interim committees not later than December 1, 2005 with respect to all grants and loans awarded and cooperative agreements entered under the provisions of the Wyoming community facilities program established under W.S. 9‑12‑801.  The report shall include the name of the recipient of each loan or grant, the amount of each loan or grant and the project funded.

 

(d)  The council shall survey opportunities to include in the Wyoming community facilities program other community enhancements, recognizing individual community needs.  The council shall provide a report of the survey to the joint appropriations and joint minerals, business and economic development interim committees not later than September 1, 2005 for consideration of possible legislation to address those needs.".  HINES, ANDERSON, J., VASEY, LOCKHART, BERGER, HAMMONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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