ADOPTED HOUSE AMENDMENTS

 

THURSDAY, FEBRUARY 05, 2009

 

HB0070HS001/A

 

Page 1-line 9      Delete "and 41-3-117 are" insert "is".

 

Page 11-lines 11 through 24  Delete entirely.

 

Page 12-lines 1 through 4    Delete entirely. SEMLEK, CHAIRMAN

 

 

HB0097HS001/AC CORRECTED

 (CORRECTED COPY)

 

Page 1- line 7     After "sales;" insert "providing for rulemaking;".

 

Page 1-line 9      After "appropriation;" insert "authorizing a full-time position;".

 

Page 1-line 16     Delete "(xix)" insert "(xx)".

 

Page 6-line 4      After "government," insert "including, but not limited to, standards adopted by the United States Department of the Interior, Bureau of Land Management applicable to onshore oil and gas leases, the United States Federal Energy Regulatory Commission, the United States Department of Transportation, the state of Wyoming public service commission,".

 

Page 8-line 23     Delete "property of the" insert "result of a measurement or the value of a standard which can be verified as correct when compared with a national or international standard;".

 

Page 8-line 24     Delete.

 

Page 9-lines 1 and 2    Delete.

 

Page 17-After line 15   Insert:

 

"(xx)  Establish reasonable laboratory fees for testing, inspection and calibration of standards or weight and measuring devices.".

 

Page 19-line 14    Strike "or service sold,".

 

Page 23-lines 13 through 20       Delete entirely and insert:

 

"(a)  Every person who owns or is responsible for a weights, measures weight, measure, weighing or measuring device devices regulated by this act shall obtain an annual license on or before April 1 from the department of agriculture in the amount authorized by W.S. 11-1-104 and pay a fee of no more than seventy-five dollars ($75.00).  The fee amount and fee schedule shall be established by rule and regulation.  The fees collected by the department under this section shall be deposited in the general fund." 

 

Page 24-line 5     Before "appropriated" insert "authorized one (1) additional full-time position and".  SEMLEK, CHAIRMAN

 

 

HB0097HS002/A

 

Page 24-line 5     Delete "one hundred ninety".

 

Page 24-line 6     Delete "thousand dollars ($190,000.00)" insert "one hundred forty-five thousand dollars ($145,000.00)".  BERGER, CHAIRMAN

 

 

HB0097HW001/A

 

Page 23-lines 13 through 20       Delete the standing committee amendment (HS0097HS001/A) to these lines and further amend as follows:

 

Page 23-lines 13 through 20       Delete entirely and insert:

 

"(a)  Every person who owns or is responsible for a weights, measures weight, measure, weighing or measuring device regulated by this act shall obtain an annual license for each establishment on or before April 1 from the department of agriculture in the amount authorized by W.S. 11-1-104 and pay a fee as provided in this subsection.  The fees collected by the department under this section shall be deposited in the general fund.  Fees shall be set by the department as follows:

 

(i)  Not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for establishments with no more than five (5) devices;

 

(ii)  Not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for establishments with more than (5) and less than eleven (11) devices;

 

(iii)  Not more than seventy-five dollars ($75.00) for establishments with eleven (11) or more devices.".

 

Page 23-After line 24   Insert:

 

"(c)  For purposes of this section, "establishment" means a place of business under one (1) management at one (1) physical location.".  WALLIS

 

 

HB0097HW002/A

 

Page 18-line 22    After "." delete balance of the line.

 

Page 18-line 23    Delete entirely.  TEETERS

 

 

HB0114H2001.01/AC CORRECTED

 (DIVIDED AMENDMENT)

 

 

Page 29-lines 19 through 24  Delete the second House standing committee amendment (HB0114HS002/A) to these lines.

 

Page 30-lines 1 through 23   Delete the second House standing committee amendment (HB0114HS002/A) to these lines.

 

Page 32-lines 10 through 24  Delete the second House standing committee amendment (HB0114HS002/A) to these lines.

 

Page 33-lines 1 through 15   Delete the second House standing committee amendment (HB0114HS002/A) to these lines.

 

Page 34-line 19    Delete the second House standing committee amendment (HB0114HS002/A) to this line.  JORGENSEN

 

 

HB0114H2002/A

 

Page 22-line 24    Delete "After".

 

Page 23-line 1     Delete entirely including the first standing committee amendment (HB0114HS001.01/AC) to this line and insert "Each president shall provide the draft plan to his district board of trustees.  Each board shall review the draft plan and shall appoint a designee to report back".

 

Page 23-lines 6    Delete entirely including the first standing committee amendment (HB0114HS001.01/AC) to this line and insert "designees of each of the seven (7) community college boards of trustees, the commission shall forward".

 

Page 23-line 14    Delete "college presidents" insert "the district board designees".  PATTON, TEETERS

 

 

 

 

 

HB0127H3001/A

 

Page 18-after line 34   Delete the standing committee amendment (HB0127HS001/A) to this line and insert:

 

"Section 208.  W.S. 9-4-206(c) and (e) is amended to read:

 

9-4-206.  Disposition of revenue; cash accounts; investment of monies held by state institutions.

 

 (c)  The state treasurer, with the concurrence of the department of administration and information, may establish cash accounts for state government units. The department of administration and information may prescribe a monetary limit for expenditures for small local purchases or refunds from any account subject to other provisions of law. The cash accounts may be for purposes of making change, for the payment of small local purchases, refunds under one hundred dollars ($100.00), or, in the case of the state fair, for any expenditures authorized by law. Cash accounts shall be reimbursed at least monthly by submitting a certified voucher supported by the documentation required by the state auditor for issuance of a state warrant from the appropriate accounts in the same manner as other vouchers are submitted for payment. The reimbursement warrant shall be paid from the appropriate account and charged to the budgeted expense classifications, if any. Money provided by this subsection may be placed in demand deposits for disbursement. All approved change and petty cash accounts shall be an accountable cash item within the state treasurer's cash accountability and supported by receipts from the administrator of the state unit holding change or petty cash accounts.

 

(e)  Excluding compensation earned by prisoners confined to a state penal institution, to the greatest extent possible all monies held by any state institution belonging to patients, residents or inmates of the state institution shall be deposited or held at the location of the institution, to earn the highest available rate of interest on an investment insured by the United States government or agency or any department thereof and to be available for withdrawal without penalty, and need not be accounted for within the agency fund. With the consent of the person owning the money or of any person legally responsible for that person's financial affairs the monies may be invested in accounts or certificates of deposit insured by the United States government, agency or department which are for a fixed term and have a penalty for early withdrawal. Each chief administrator of an institution is accountable for all monies. An account shall be kept for each individual showing all receipts, disbursements and monies by type of account. To the greatest extent possible, all monies not invested in fixed term investments shall be deposited in individual savings accounts to accrue interest for each individual. Monies not so deposited shall be kept in a separate pooled demand account. The total receipts, disbursements and balances shall be reported monthly to the state treasurer, department of administration and information, and state auditor for disclosure in the state financial reports. Upon discharge all money plus accrued interest held on behalf of a patient, resident or inmate, excluding lawful charges, shall be returned to that person or a duly authorized person. If the patient, resident or inmate, or other duly authorized person, cannot be found, or in the event of death of the patient, resident or inmate, the money plus accrued interest, excluding lawful charges, shall after a reasonable effort to find and notify the heirs has failed, be transmitted to the state treasurer to be held or distributed as provided by W.S. 9-5-203.".  

 

Renumber as necessary.  SIMPSON

 

 

HB0144HS001/A

 

Page 9-line 13     Delete "six (6)" insert "five (5)".

 

Page 9-line 15     Delete "six (6)" insert "five (5)".

 

Page 9-line 17     Delete "four (4)" insert "three (3)".

 

Page 10-line 10    Delete "legislature" insert "joint appropriations committee"; after "including" insert "recommendations for".

 

Page 11-line 10    Delete "twenty-eight".

 

Page 11-line 11    Delete "thousand dollars ($28,000.00)" insert "twenty-three thousand dollars ($23,000.00)".  BERGER, CHAIRMAN

 

 

 

HB0163HS001/A

 

Page 2-line 18     Delete "a" insert "the".

 

Page 2-line 19     After "college" insert "commission".

                   MCOMIE, CHAIRMAN

 

 

HB0174H3001/A

 

Page 2-line 13     After "or" insert "if the student earns a degree from the community college with a minimum GPA of 2.25, may extend the scholarship to pursue a ".  JAGGI

 

 

HB0176HS001/A

 

Page 1-line 7      After "1." insert "(a)".

 

Page 2-after line 8     Insert:

 

"(b)  The appropriation in this section shall be reduced dollar for dollar by any appropriation of state funds to the department of agriculture in 2009 house bill 0001 designated for the purchase of x-ray equipment for the leaf cutter bee program.".  BERGER, CHAIRMAN

 

 

HB0204H3001/A

 

Delete the standing committee amendment (HB0204HS001/A) entirely and further amend as follows:

 

Page 1-line 8      Delete "(G)" insert "(A)".

 

Page 1-line 9      After "(iii)," insert "39-15-211(b)(iv),"; delete "(G) and" insert "(A),"; after "39-16-204(a)(ii)" insert "and 39-16-211(b)(iv)".

 

Page 2-lines 5 through 24    Delete entirely and insert:

 

"(A)  Before any proposition to impose the tax or incur the debt shall be placed before the electors, the governing body of a county and the governing bodies of at least two‑thirds (2/3) of the incorporated municipalities within the county shall adopt a resolution approving the proposition, setting forth a procedure for qualification of a ballot question for placement on the ballot and specifying how that any excess funds shall only be expended in accordance with W.S. 39-15-211(b)(iv);".

 

Page 3-lines 2 through 9          Delete entirely.

 

Page 4-line 3      Delete "39-15-203(a)(iii)(G)" insert "39-15-211(b)(iv)".

 

Page 4-line 5      After "project" insert "or excess amounts as specified in and expended in accordance with W.S. 39-15-211(b)(iv)".

 

Page 4-after line 5     Insert:

 

"39‑15‑211.  Distribution.

 

(b)  All revenue collected by the department from the taxes imposed by W.S. 39‑15‑204(a)(iii) shall be transferred to the state treasurer who shall:

 

(iv)  If taxes collected exceed the amount necessary authorized for the approved purpose as specified in the resolution, the excess funds shall be retained by the county treasurer for one (1) year for refund of overpayments of the tax imposed pursuant to this act upon order of the department. After one (1) year any interest earned on the excess funds and the excess funds less any refunds ordered shall be held by the county treasurer in an interest bearing account and shall be expended only for a subsequent specific purpose project approved by the voters as provided in W.S. 39-15-203(a)(iii) in the five (5) year period immediately following the completion of the specific purpose project.  If funds and accrued interest earned in the account are not spent on a subsequently approved specific purpose project within the five (5) year period, the funds and accrued interest shall be transferred to the general fund of the county or municipality as specified in the resolution adopted pursuant to W.S. 39‑15‑203(a)(iii)(A). Excess funds collected on the propositions approved prior to January 1, 1989, and any interest earned shall be retained by the county treasurer for use in any purposes approved by the electors in accordance with procedures set forth in this section and for refunds of overpayment of taxes imposed pursuant to this act upon the order of the department, except that, with the approval of the governing bodies adopting the initial resolution, the excess funds and any interest earned may be used for the needs of the project for which the tax was approved.".

 

Page 4-lines 15 through 24   Delete entirely and insert:

 

"(A)  Before any proposition to impose the tax or incur the debt shall be placed before the electors, the governing body of a county and the governing bodies of at least two‑thirds (2/3) of the incorporated municipalities within the county shall adopt a resolution approving the proposition, setting forth a procedure for qualification of a ballot question for placement on the ballot and specifying how that any excess funds shall only be expended in accordance with W.S. 39-16-211(b)(iv);".

 

Page 5-lines 1 through 19    Delete entirely.

 

Page 6-line 12     Delete "39-16-203(a)(ii)(G)" insert "39-16-211(b)(iv)".

 

Page 6-line 14     After "project" insert "or excess amounts as specified in and expended in accordance with W.S. 39-16-211(b)(iv)".

 

Page 6-after line 14    Insert:

 

"39‑16‑211.  Distribution.

 

(b)  All revenue collected by the department from the taxes imposed by W.S. 39‑16‑204(a)(ii) shall be transferred to the state treasurer who shall:

 

(iv)  If taxes collected exceed the amount necessary authorized for the approved purpose as specified in the resolution, the excess funds shall be retained by the county treasurer for one (1) year for refund of overpayments of the tax imposed pursuant to this act upon order of the department. After one (1) year any interest earned on the excess funds and the excess funds less any refunds ordered shall be held by the county treasurer in an interest bearing account and shall be expended only for a subsequent specific purpose project approved by the voters as provided in W.S. 39-16-203(a)(iii) in the five (5) year period immediately following the completion of the specific purpose project.  If funds and accrued interest earned in the account are not spent on a subsequently approved specific purpose project within the five (5) year period, the funds and accrued interest shall be transferred to the general fund of the county or municipality as specified in the resolution adopted pursuant to W.S. 39‑16‑203(a)(ii)(A). Excess funds collected on the propositions approved prior to January 1, 1989, and any interest earned shall be retained by the county treasurer for use in any purposes approved by the electors in accordance with procedures set forth in this section and for refunds of overpayment of taxes imposed pursuant to this act upon the order of the department, except that, with the approval of the governing bodies adopting the initial resolution, the excess funds and any interest earned may be used for the needs of the project for which the tax was approved.".

 

Renumber as necessary.  MILLER, SIMPSON

 

 

HB0222H2001/A

 

Page 1-After line 12    In the Buchanan, et al., committee of the whole amendment (HB0222HW001/A) to this line in subsection (b): Delete "The affected parties" insert "Each affected party"; delete "parties" insert "party".  BROWN

 

 

HB0226HS001/A

 

Page 2–line 9      Delete "following" insert "previous year's values for the national agricultural statistics district or the county in Wyoming where the land is located considering".

 

Page 2–lines 11 through 14   Delete entirely and insert:

 

"(i)  The private land lease rate per animal unit for state grazing leases;

 

(ii)  The private cropland lease rate for state cropland leases; and".

 

Page 2–line 16     Delete "(ii)" insert "(iii)".

 

Page 2–line 18     After "rate" insert "and a private cropland lease rate, as applicable".  SEMLEK, CHAIRMAN

 

 

HB0234H2001/AC CORRECTED

 (CORRECTED COPY)

 

Delete the second standing committee amendment (HB0234HS002/AC) entirely.

Further amend as follows:

 

Page 3-line 8      After "the" delete balance of line.

 

Page 3-line 9      Delete the line through "($23,940,000.00)" insert "department of revenue one hundred thousand dollars ($100,000.00)".

 

Page 3-line 10     After "of" insert "implementing"; delete "The".

 

Page 3-lines 11 through 14   Delete entirely.

 

Page 3-line 15     Delete "39-13-104(a)(iv).".  HAMMONS, JORGENSEN, MADDEN, STEWARD

 

 

 

 

 

 

 

HB0237HS001/A

 

Page 1-line 4      After "requirements" insert "as specified".

 

Page 2-lines 1 through 4          Delete.

 

Page 2-line 5      Delete the line through "the"; delete "a".

 

Page 2-line 6      Delete "preponderance of the" insert "clear and convincing".

 

Page 4-After line 19    Insert:

 

"(g)  The two (2) year residency requirement under W.S. 1-25-102 may be waived by the court for good cause shown.".

 

Page 4-line 21     Delete "through" insert "and".

 

Page 5-lines 19 through 24   Delete.  MERCER, VICE-CHAIRMAN

 

 

HB0240HS001/A

 

Page 2-line 1      Delete "$110,000.00" insert "$152,934.00".

 

Page 2-line 3      Delete "$97,000.00" insert "$134,000.00".

 

Page 2-line 5      Delete "$97,000.00" insert "$134,000.00".

 

Page 2-line 7      Delete "$97,000.00" insert "$134,000.00".

 

Page 2-line 10     Delete "$97,000.00" insert "$134,000.00". BERGER, CHAIRMAN

 

 

 

 

 

HB0262HS001/A

 

 

Page 3-line 14     After "A designation" insert "of an area as very rare or uncommon".

 

Page 3-line 16     After "shall" delete balance of line and insert "be final until it has been enacted by the legislature and the council has recorded notice of the designation in the office of the county clerk in each county where the land is located.  No designation made prior to July 1, 2009 shall require legislative approval if the council records notice of the designation in the office of the county clerk in each county where the land is located.".

 

Page 3-line 17 and 18   Delete all new language.

 

Page 4-line 9      Before "rare" insert "very".  LOCKHART, CHAIRMAN

 

 

HB0291HW001/A

 (CORRECTED COPY)

 

Page 3-line 14     After "of" delete "the" insert "a".

 

Page 3-line 15     After "investor's" delete balance of line.

 

Page 3-line 16     Delete the line through "a".

 

Page 8-line 23     After "fee" delete balance of line and insert "equal to the annual certification fee provided under W.S. 9-12-1208(b);".

 

Page 8-line 24     Delete entirely.

 

Page 13-line 20    After "claim" insert "in the next year".

 

Page 13-line 21    Delete "in" insert "for"; after "years" insert "2012,"; after "2017" delete "," insert "and".

 

Page 13-line 22    Delete "and 2019".

 

Page 16-line 12    Delete "revenue" insert "insurance".

 

Page 23-line 7     Delete "fifteen percent (15%)" insert "twenty percent (20%)".

 

Page 24-line 20    Delete "investors insurance tax" insert "investor's national association of insurance commissioners".

 

Page 25-line 13    Delete "fifteen percent" insert "twenty percent (20%)".

 

Page 25-line 14    Delete "(15%)".

 

Page 27-lines 4 through 13        Delete entirely and insert:

 

"(b)  The business council shall set annual certification fees through rule and regulation in the manner provided in W.S. 33-1-201(a).  A Wyoming small business investment company shall submit to the council the annual, nonrefundable certification fee on or before April 1 or each year.  The annual certification fee shall not be required for the year if the payment date under this subsection is within six (6) months of the date a Wyoming small business investment company is first certified by the council under W.S. 9-12-1203.". 

 

Page 31-line 13    Delete "director of the department of revenue" insert "insurance commissioner".  PEDERSEN