ADOPTED HOUSE AMENDMENTS

 

WEDNESDAY, FEBRUARY 22, 2006

 

HB0012H2001/A

 

Page 5-lines 8 and 9    In the House standing committee amendment (HB0012HS001/A) to these lines, after "report only, the division" delete "may" insert "shall"; after "including a description of the" insert "independently designed". LANDON

 

HB0013HS001/A

 

Page 1-line 14     After "section" insert "611(d) and reserved by the state pursuant to section".

 

Page 2-line 16     Delete "to" and insert "through".

 

Page 2-line 20     Delete "to" and insert "through".

 

Page 2-line 21     Delete "average".

 

Page 2-line 22     Delete "of the"; after "number of" delete "those"; after "receiving" delete "those".

 

Page 2-line 23     Delete "and on May 1".

 

Page 3-line 8      After "section" insert "619(c) and reserved by the state pursuant to section". WASSERBURGER, CHAIRMAN

 

HB0041H2001/A

 

Page 2-line 5      After "." insert "For purpose of this subsection a "full-time employee" is a person whose primary employment responsibilities are connected with the agricultural uses of the land upon which he is guiding.".  BROWN

 

 

 

 

HB0054H2001/A

 

Page 1-Above line 1     In the catch title delete "-Medicaid funding".

 

Page 1-line 3      After "distribution" insert ";" and delete balance of line.

 

Page 1-line 4      Delete entirely.

 

Page 1-line 5      Delete "program;".

 

Page 1-line 11     Delete "(b) and".

 

Page 3-lines 20 through 22   Delete entirely.

 

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

 

Page 4-line 3      Delete entirely.

 

Page 4-line 4      Delete "(d),"; after "be" delete balance of line.

 

Page 4-lines 5 through 7          Delete entirely and insert "deposited in the general fund.".  PHILP, COHEE, OSBORN

 

HB0057HS001/A

 

Page 1-line 3      After ";" insert "providing for election;".

 

Page 1-line 7      After "(b)" insert "and by creating a new subsection (c)".

 

Page 1-line 15     Before "Any" insert "Subject to subsection (c) of this section,".

 

Page 2-After line 5     Insert:

 

"(c)  The following provisions apply to imposition by a school district of more than one (1) mill levy authorized under subsection (b) of this section:

 

 

 

(i)  Not more than one (1) mill may be imposed by a school district under subsection (b) of this section unless the proposition to impose any additional levy is submitted to the vote of the qualified electors of the school district, and a majority of those casting their ballots vote in favor of imposing the additional levy.  Any additional levy imposed under this paragraph shall commence in the calendar year next following the election approving the imposition of the tax.  The election to impose the additional levy shall be at the expense of the school district;

 

(ii)  The proposition may be submitted at an election held on a date authorized under W.S. 22-21-103.  A notice of election shall be given in at least one (1) newspaper of general circulation in the school district in which the election is to be held, and the notice shall specify the object of the election.  The notice shall be published at least once each week for a thirty (30) day period preceding the election.  At the election the ballots shall contain the words "for the additional recreation levy" and "against the additional recreation levy".  If the proposition is approved the same proposition shall be submitted at every other subsequent general election as provided in this paragraph until the proposition is defeated;

 

(iii)  If the proposition to impose or continue the additional recreation levy is defeated the proposition shall not again be submitted to the electors of the school district for at least eleven (11) months.  If the proposition is defeated  following initial adoption of the proposition, the additional recreation levy is repealed and shall not be collected in the calendar year next following the election at which the proposition is defeated.".  ILLOWAY, CHAIRMAN

 

HB0078HS001/A

 

Page 1-line 3      After "limitations;" insert "restricting felons from carrying concealed weapons as specified;".

 

Page 1-line 13     After "shall" delete balance of the line.

 

Page 1-line 14     Delete the line through "requirements".

Page 2-line 6      After "Not" insert "have".

 

Page 2-line 7      Delete "or W.S.".

 

Page 2-line 8      Delete "6-8-102" insert "and not have been convicted of any felony in any state, territory or other jurisdiction of the United States".

 

Page 2-line 16     Delete "an applicant" insert "a person".

 

Page 2-line 18     Delete "applicant" insert "person".

 

Page 3-line 1      Delete "an applicant" insert "a person".

 

Page 3-line 3      Delete "applicant" insert "person".

 

Page 3-line 8      After "(vi)" insert "Have".

 

Page 3-line 9      Delete "ninety (90) days" insert "six (6) months".

 

Page 4-line 5      Delete "and" and insert ",".

 

Page 4-line 6      After "(iv)" insert "and (t) by creating a new paragraph (xii)".

 

Page 5-line 6      Delete "or W.S. 6-8-102" and insert ", has not been convicted of any felony in any state, territory or other jurisdiction of the United States";

 

Page 5-After line 9     Insert:

 

    "(t)  No permit issued pursuant to this section or any permit issued from any other state shall authorize any person to carry a concealed firearm into:

 

         (xii)  Any place of business where the owner has provided or prominently posted a notice prohibiting the carrying of concealed firearms.". LANDON, CHAIRMAN

 

 

 

 

HB0088HS001.01/AC

(CORRECTED)

 (DIVIDED AMENDMENT)

 

Page 1-line 3      After ";" insert "authorizing the carrying of concealed weapons in vehicles under specified conditions;".

 

Page 3-line 4      After "." insert "A person knowingly carrying a concealed firearm or other weapon under this paragraph who is stopped, detained, questioned or addressed in person by a peace officer, shall immediately inform the peace officer that he is carrying a concealed firearm or other weapon.  The peace officer may take custody of the concealed firearm or other weapon during the duration of the contact between the person and the peace officer if the peace officer determines that the action is necessary for the safety of any person present, including the peace officer.".  LANDON, CHAIRMAN

 

HB0098HS001/A

 

Page 1-Above line 1 In the Catch title, after "sales" insert "and use".

 

Page 1-line 2      After "sales" insert "and use"; delete "rate" insert "rates".

 

Page 1-line 4      After ";" insert "amending definitions;".

 

Page 1-line 8      After "W.S." insert "39-15-101(a)(viii)(intro),"; delete "and" insert ","; before "are" insert ", 39-16-101(a)(iii)(intro) and 39-16-104(e)".

 

 

 

 

 

 

Page 1-After line 9     Insert:

 

"39-15-101.  Definitions.

 

(a)  As used in this article:

 

(vii)  "Sale" means any transfer of title or possession in this state for a consideration including the fabrication of tangible personal property when the materials are furnished by the purchaser but excluding an exchange or transfer of tangible personal property upon which the seller has directly or indirectly paid sales or use tax incidental to:".

 

Page 20-After line 9    Insert:

 

"39-16-101.  Definitions.

 

(a)  As used in this article:

 

(iii)  "Sale" means the transfer of title or possession of tangible personal property from a vendor for a consideration for storage, use or other consumption in Wyoming excluding the exchange or transfer of tangible personal property upon which the seller has directly or indirectly paid sales or use tax incidental to:

 

39-16-104.  Taxation rate.

 

(e)  The tax rate imposed upon a transaction subject to the Uniform Sales and Use Tax Administration Act this chapter shall be consistent with the uniform sourcing rule provided in the streamlined sales and use tax agreement adopted pursuant to that act, W.S. 39-15-401 et seq. and shall be consistent with state law. sourced as follows:

 

(i)  The retail purchase, excluding lease or rental, of a product shall be sourced as follows:

 

(A)  When the product is received by the purchaser at a business location of the seller, the purchase shall be sourced to that business location;

 

 

 

 

 

(B)  When the product is not received by the purchaser at a business location of the seller, the purchase shall be sourced to the location where receipt by the purchaser, or the purchaser's agent designated as such by the purchaser, occurs, including the location indicated by instruction for delivery to the purchaser or donee, known to the seller;

 

(C)  If it is undeterminable by the seller whether the product was received by the purchaser at a business location of the seller, the purchase shall be sourced to the location indicated by an address for the purchaser that is available from the business records of the seller that are maintained in the ordinary course of the seller's business when use of this address does not constitute bad faith;

 

(D)  When subparagraphs (A) through (C) of this paragraph do not apply, the purchase shall be sourced to the location indicated by an address for the purchaser obtained during the consummation of the purchase, including the address of a purchaser's payment instrument, if no other address is available, when use of this address does not constitute bad faith;

 

(E)  When none of the previous rules of subparagraphs (A) through (D) of this paragraph apply, including the circumstance in which the seller is without sufficient information to apply any of the previous rules, then the location shall be determined by the address from which tangible personal property was shipped, from which the digital good or the computer software delivered electronically was first available for transmission by the seller, or from which the service was provided, disregarding for these purposes any location that merely provided the digital transfer of the product purchased;

 

(F)  For the purposes of this paragraph the terms "receive" and "receipt" mean taking possession of tangible personal property, making first use of services or taking possession or making first use of digital goods, whichever comes first.  The terms "receive" and "receipt" do not include possession by a shipping company on behalf of the purchaser.

 

(ii)  The lease or rental of tangible personal property, other than property identified in paragraph (iii) or (iv) of this subsection, shall be sourced as follows:

 

(A)  For a lease or rental that requires recurring periodic payments, the first periodic payment shall be sourced the same as a retail purchase in accordance with the provisions of paragraph (i) of this subsection.  Periodic payments made subsequently to the first payment shall be sourced to the primary property location for each period covered by the payment.  The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith.  The property location shall not be altered by intermittent use at different locations, such as use of the business property that accompanies employees on business trips and service calls;

 

(B)  For a lease or rental that does not require recurring periodic payments, the payment shall be sourced the same as a retail purchase in accordance with the provisions of paragraph (i) of this subsection;

 

(C)  This paragraph shall not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease.

 

(iii)  The lease or rental of a motor vehicle, trailer, semi-trailer or aircraft that does not qualify as transportation equipment, as defined in paragraph (iv) of this subsection shall be sourced as follows:

 

(A)  For a lease or rental that requires recurring periodic payment, each periodic payment shall be sourced to the primary property location.  The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith.  This location shall not be altered by intermittent use at different locations;

 

 

 

(B)  For a lease or rental that does not require recurring periodic payments, the payment shall be sourced the same as a retail purchase in accordance with the provisions of paragraph (i) of this subsection;

 

(C)  This paragraph shall not affect the imposition or computation of sales or use tax on a lease or rental based on a lump sum or accelerated basis, or on the acquisition of property for lease.

 

(iv)  The retail purchase, including lease or rental of transportation equipment shall be sourced the same as a retail purchase in accordance with the provisions of paragraph (i) of this subsection. As used in this paragraph, "transportation equipment" means any of the following:

 

(A)  Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce;

 

(B)  Trucks and truck-tractors with a gross vehicle weight rating (GVWR) of greater than ten thousand (10,000) pounds, trailers, semi-trailers or passenger buses that are:

 

(I)  Registered through the international registration plan; and

 

(II)  Operated under authority of a carrier authorized and certified by the United States department of transportation or another federal or a foreign authority to engage in the carriage of personnel or property in interstate or foreign commerce.

 

(C)  Aircraft that are operated by an air carrier authorized and certified by the United States department of transportation or another federal authority to engage in the carriage of persons or property in interstate or foreign commerce;

 

(D)  Containers designed for use on and component parts attached or secured on the items set forth in subparagraphs (A) through (C) of this paragraph.

 

 

 

(v)  Except for the defined telecommunication services in paragraph (vii) of this subsection, the purchase of telecommunication service sold on a call-by-call basis shall be sourced to:

 

(A)  Each level of taxing jurisdiction where the call originates and terminates in that jurisdiction; or

 

(B)  Each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located.

 

(vi)  Except for the defined telecommunication services in paragraph (vii) of this subsection, a purchase of telecommunication service sold on a basis other than a call-by-call basis, shall be sourced to the customer's place of primary use;

 

(vii)  The purchase of the following telecommunication services shall be sourced to each level of taxing jurisdiction as follows:

 

(A)  A purchase of mobile telecommunications services other than air-to-ground radio telephone service and prepaid calling service, shall be sourced to the customer's place of primary use as required by the Mobile Telecommunications Sourcing Act, P.L. 106-252;

 

(B)  A purchase of post-paid calling service shall be sourced to the origination point of the telecommunications signal as first identified by either:

 

(I)  The seller's telecommunications system; or

 

(II)  Information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.

 

(C)  A purchase of prepaid calling service shall be sourced in accordance with paragraph (i) of this subsection.  Provided however, in the case of a purchase of mobile telecommunications service that is a prepaid telecommunications service, the rule provided in subparagraph (i)(E) of this subsection shall include as an option the location associated with the mobile telephone number;

(D)  A purchase of a private communication service shall be sourced as follows:

 

(I)  Service for a separate charge related to a customer channel termination point shall be sourced to each level of jurisdiction in which the customer channel termination point is located;

 

(II)  Service where all customer termination points are located entirely within one (1) jurisdiction or levels of jurisdiction shall be sourced in the jurisdiction in which the customer channel termination points are located;

 

(III)  Service for segments  of a channel between two (2) customer channel termination points located in different jurisdictions and which segments of a channel are separately charged shall be sourced fifty percent (50%) in each level of jurisdiction in which the customer channel termination points are located;

 

(IV)  Service for segments of a channel located in more than one (1) jurisdiction or levels of jurisdiction and which segments are not separately billed shall be sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in the jurisdiction by the total number of customer channel termination points.

 

(E)  The definitions in W.S. 39-15-104(f)(xi)(E) shall apply to paragraphs (v) through (viii) of this subsection.".

 

Page 8-line 3      Delete "39-15-102.1" insert "39-15-107.1".

 

Page 20-line 11    Delete "July 1, 2006" insert "January 1, 2008".  ANDERSON, R., CHAIRMAN 

 

HB0139HS001/A

 

That Substitute No. 1 for HB0139 DO Pass.  WASSERBURGER, CHAIRMAN

 

 

 

 

HB0139HW001/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 1-line 12     After ";" insert "providing for a review of school finance ruling;".

 

Page 59-After line 12 insert and renumber:

 

"Section 8.  [DISTRICT COURT DECISION REVIEW]

 

(a)  The management council shall through the joint education interim committee and the select school facilities committee, review the January 31, 2006, district court ruling resulting from litigation on school finance and school capital construction.  The review required under this section shall include a response to the following points referenced by the district court, to be presented in sufficient time for the development and submission of legislative recommendations, if necessary, for consideration by the legislature in the 2007 general session:

 

(i)  The at-risk proxies used in triggering at-risk program resources;

 

(ii)  Use of a twenty (20) year limitation on computing teacher seniority for resourcing teacher salaries;

 

(iii)  Use of the WCLI as the index for a regional cost adjustment to personnel resources;

 

(iv)  The method of incorporating an inflation factor within the external cost adjustment;

 

(v)  Resources funding school district utility costs;

 

(vi)  Resources provided for vocational education programs;

 

(vii)  Expansion of school facility adequacy standards to include cocurricular programs, long-distance learning rooms and computer rooms;

 

(viii)  Funding for utility lines to school sites as well as road construction to school sites if required by local ordinance;

 

(ix)  Review of excess capacity limitations imposed upon routine and major maintenance payments and ability of facility retrofitting to reduce excess capacity.".

 

Page 60-line 15    Delete "and" insert ","; after "8" insert "and 9".  WASSERBURGER

 

HB0139HW002/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 53-line 17    Delete "establish" insert "develop".

 

Page 53-line 20    Before "." insert ", for recommendation to the joint education interim committee".

 

Page 53-line 21    Delete "established" insert "developed".  SIMPSON

 

HB0139HW004/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 57-After line 4 insert and renumber:

 

"(h)  On or before December 1, 2006, the department shall also report to the joint education interim committee and to the joint appropriations interim committee on the following based upon school year 2005-2006 actual data and to the extent possible, upon school year 2006-2007 actual and estimated data:

 

(i)  The methodology used to distribute federal special education funds and the amount distributed to each school district and to each developmental pre-school;

 

(ii)  The amount of state funds reimbursed to school districts under the Wyoming education resource block grant model pursuant to W.S. 21‑13‑309(m)(v)(E)(II) and 21‑13‑321, as amended under section 1 of this act;

 

(iii)  The amount of unexpended federal special education funds for each school district;

 

(iv)  The length of time school districts may keep federal special education funds and a description of the process by which these funds revert to the state and federal government;

 

(v)  If federal special education funds supplant or supplement state funds distributed through the Wyoming education resource block grant model or other providers through either the department of education or the department of health;

 

(vi)  The extent to which future federal funds may offset state special education expenditures."

 

Page 57-line 9     Delete "(g)" insert "(h)".  SIMPSON

 

HB0139HW008/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 1-line 12     After ";" insert "imposing district reporting requirements for litigation expenditures;".

 

Page 59-After line 22 insert and renumber:

 

"Section 9.  [REPORTING OF LITIGATION EXPENDITURES]

 

(a)  As a condition of receiving funds from the state under the Wyoming education resource block grant model enacted pursuant to this act, and of receiving funds from the state under W.S. 21‑15‑109 through 21‑15‑121 including state funds for major maintenance, each school district shall report to the department of education not later than the last business day of each month, the amount expended during the preceding calendar month for litigation against the state related to the school finance funding system and the system for school capital construction under the Campbell cases.  Commencing April 30, 2006, the reports shall be submitted by each district not later than the last business day of each month on the amount expended for litigation during the previous calendar month.  In addition, each district shall provide a report of school finance and capital construction litigation expenses incurred prior to March 31, 2006, covering the period of time beginning with the preparation for filing of the initial petition in district court resulting in the January 31, 2006, district court order.  This initial report shall be filed with the department on or before April 15, 2006.

 

(b)  The department shall compile district reports submitted under subsection (a) of this section and report the compilation to the joint education interim committee and the joint appropriations interim committee listing total district expenditures for litigation expenses related to the Campbell cases during the respective reporting period.  The initial report shall be made on or before May 1, 2006, followed by a report on November 1, 2006, and each November 1 thereafter.

 

(c)  For purposes of this section, amounts expended in litigation include but are not limited to attorney's fees, consultant's fees, travel expenses of attorneys, consultants and district board members or personnel related to such litigation, the cost of services of district personnel and administrative and support expenses related to such litigation, including printing, copying and communications charges.  In addition, districts shall include association fees and assessments paid by district funds which are related to such litigation.

 

(d)  The department shall specify the format and contents of the reports required under this section.  School districts shall provide information to the department in a timely manner necessary to conform with this section.".

 

Page 60-line 15    Delete "and" insert ","; after "8" insert "and 9".  LUTHI, WASSERBURGER

 

HB0145HS001/A

 

Page 1-line 7      After "programs;" insert "transferring money to water development account III as specified;".

 

Page 4-line 2      After "Plan" insert "1.".

 

 

 

 

Page 4-After line 9     Insert:

 

 "1.  The project applicant and the Wyoming water development commission shall mutually agree upon a scope of services before the project commences.".

 

Page 5-After line 23    Insert:

 

Under "PROJECT" insert "Coalbed Methane (CBM) Water Delivery Analysis, Powder River Basin to Platte River Basin 3."; under "LOCATION" insert "Powder and North Platte River Basins"; under "APPROPRIATION" insert "500,000".

 

Page 6-After line 3     Insert:

 

"3.  The water development commission in consultation with the governor's office, the attorney general's office, the state engineer's office, the department of environmental quality and representatives of the oil and gas industry shall compile a scope of services and request for proposal to secure the needed professional engineering services to conduct the study.".

 

Page 10-After line 12   Insert:

 

"Section 8.  Water Account III:  W.S. 41-2-124(e)(i) is amended to read:

 

41-2-124.  Accounts created; unexpended balance.

 

(e)  There is transferred to the water development account III created by paragraph (a)(iii) of this section effective July 1, 2005:

 

(i)  Fifty-four million seventy thousand dollars ($54,070,000.00) from water development account I reserved for the Level III Green River/Wind River construction project development fund established in W.S. 99-3-604.  The transfer of money into water development account III shall not eliminate recognition of the water storage potential in the Green River/Wind River basins;".

 

Page 10-line 14    Delete "8." insert "9.". 

 

To the extent required by this amendment:  adjust totals; and renumber as necessary.  HAGEMAN, CHAIRMAN

 

HB0179HS001/A

 

Page 1-line 2      After "tax;" insert "making conforming amendments;".

 

Page 1-After line 4     Insert:

 

"Section 1.  W.S. 26-4-103(a)(intro),(i) and (b)(i) is amended to read:

         

26-4-103.  Premium taxes; generally; preemption by state.

 

(a)  Each authorized and formerly authorized insurer shall file with the commissioner on or before March 1 each year or within any extended period the commissioner grants not to exceed thirty (30) days, a report in a form the commissioner prescribes showing, except for wet marine and transportation insurance as defined in W.S. 26-5-107 and except as provided under subsection (k) of this section, total direct premium income including policy, membership and other fees, and all other considerations for insurance and annuity contracts, however designated, it received during the immediately preceding calendar year because of policies and contracts covering property, subjects or risks located, resident or to be performed in this state. The total direct premium income reported shall include proper proportionate allocation of premiums or consideration as to those persons, property, subjects or risks in this state insured or covered under policies or contracts covering persons, property, subjects or risks located or resident in more than one (1) state, and shall be computed after deducting:

 

(i)  The amount of return premiums on cancelled policies, but not including the return of cash surrender values on life policies or annuity contracts; and

 

(b)  At the same time the report is filed, each insurer shall pay for the privilege of transacting business in this state, a tax upon net premiums and net considerations to be computed at the following rates:

 

(i)  As to each insurer, the tax rate, except as to annuity considerations, shall be as follows:".

 

Page 1-line 8      Delete "July 1, 2006" insert "January 1, 2007".

 

Renumber as necessary. ILLOWAY, CHAIRMAN

 

HB0182HS001/A

 

Page 3-line 6      Delete "nonspecialty" insert "all"; after "plates" insert "beginning with the year 2017 reissuance".

 

Page 3-line 16     Delete "2008" insert "2016".

 

Page 3-line 19     Delete "2009" insert "2017".  EDWARDS, CHAIRMAN