ADOPTED SENATE AMENDMENTS

 

MONDAY, FEBRUARY 22, 2010

 

HB0012SS001/AE

 

 

[TO ENGROSSED COPY]

 

Page 2-line 24                          Delete "the" insert "a uniform assessment".

 

Page 3-line 1                            Delete "approved" insert "designed"; delete "sheriff" insert "sheriffs".

 

Page 5-line 15                          Delete "the" insert "a uniform assessment".

 

Page 5-line 16                          Delete "approved" insert "designed"; delete "sheriff" insert "sheriffs".

 

Page 7-line 4                            After "(f)" insert "The county sheriffs shall report on and".  ROSS, CHAIRMAN

 

 

HB0016SS001/AE

 

 

[TO ENGROSSED COPY]

 

Page 1-line 3                            After "specified;" insert "providing a definition;".

 

Page 1-line 8                            After "(C)" insert " and by creating a new subsection (c)".

 

Page 1-line 10                          After "exempted" insert "; definition".

 

Page 2-line 11                          Delete "under W.S.".

 

Page 2-line 12                          Delete "21-13-330(f)(i)".

 

Page 3-after line 7                    Insert and renumber:

 

            "(c)  For the purposes of this section, "distance education" means the teacher and student are physically separated by time or space and connected by means of a communications source used to provide synchronous or asynchronous instruction.".  COE, CHAIRMAN

 

 

 

HB0016SW001/AE

 

[TO ENGROSSED COPY]

 

Page 3-line 2                            Delete "and".

 

Page 3-line 7                            Delete "." insert "; and".

 

Page 3-after line 7                    Insert and renumber:

 

                                    "(III)  On and after the effective date of this act for any institution not currently operating in this state, not less than sixty (60) days prior to first issuing any degree under this subparagraph, reports to the department any degree which the institution will award and the religious affiliation the institution maintains.".  VON FLATERN

 

 

 

SF0013S3001/A

 

 

Page 1-line 4                            After "criteria;" insert "authorizing a position; providing an appropriation;".

 

Page 3-after line 10                  Insert and renumber:

 

"Section 2.  There is authorized one (1) full-time position to the department of administration and information, economic analysis division for the purpose of implementing this act.  This position shall be from the vacant position pool in section 314 of 2010 House Bill 0001 and shall be considered to be the filling of a vacant position for purposes of that section.  There is appropriated three hundred twelve thousand dollars ($312,000.00) from the general fund to the department of administration and information.  This appropriation shall only be expended for the purpose of implementing this act and shall be for the period beginning with the effective date of this act and ending June 30, 2012.  Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2012.".  BEBOUT, ELLIOTT, GEIS, JENNINGS, JOHNSON

 

 

SF0025S2002/A

 

[TO SUBSTITUTE BILL No. 1]

 

Page 1-line 11                          Delete "29-1-105" insert "29-1-104".

 

Page 1-line 12                          Delete "29-1-317" insert "29-1-314"; delete "29-1-408" insert "29-1-407".

 

Page 1-line 13                          After "29-1-601," insert "29-2-112, 29-2-113,"; delete "through 29-1-103" insert ", 29-9-102".

 

Page 2-line 7                            Delete "Common law liens superseded" insert "Other lien statutes and legal processes not affected by this act".

 

Page 2-After line 7                               Insert:

 

"(a) Unless other statutes relating to liens specifically provide that the procedures specified in chapter 1, 2, 9 or 10 of this act apply, this act is supplemental to and does not supersede any other lien statutes contained in chapters 3 through 8 of this act nor other lien statutes nor other statutes relating in any way to liens currently existing related to other types of property or other subject matters.".

 

Page 2-line 9                            Delete.

 

Page 2-line 10                          Delete the line through "except" insert (b)"; delete "herein" insert "in this act".

 

Page 2-lines 22 and 23             Delete entirely.

 

Page 3-line 1 through 24           Delete entirely.

 

Page 4-lines 1 through 23         Delete entirely.

 

Page 5-lines 1 through 18         Delete entirely.

 

Page 5-line 20                          Delete "29-1-314." insert "29-1-312.".

 

Page 8-lines 22 and 23             Delete entirely.

 

Page 9-lines 1 through 22         Delete entirely.

 

Page 10-lines 1 through 24       Delete entirely.

 

Page 11 lines 1 through 10        Delete entirely.

 

Page 11-line 12                        Delete "29-1-316." insert "29-1-313.".

 

Page 12-line 8                          Delete "29-1-317." insert "29-1-314.".

 

Page 12-line 13                        Delete "29-1-316" insert "29-1-313".

 

Page 13-line 11                        Delete "real".

 

Page 13-After line 21               Insert:

 

"(d)  Nothing in this section shall be construed to require a lien claimant to enforce his lien under this article if another method of enforcement is available under this act.".

 

Page 17-lines 1 through 9         Delete entirely.

 

Page 23-After line 3                 Insert:

 

"29‑2‑112.  Preliminary notices.

 

(a)  With respect to perfecting the right to file a construction lien under this chapter, the following preliminary notice requirements shall apply:

 

(i)  The contractor, subcontractor and materialman shall send written notice to the record owner or his agent, of the right to assert a lien against the property for which services or materials are provided if the contractor, subcontractor or materialman is not paid, and the right of the owner or contractor to obtain a lien waiver upon payment for services or materials.  Each subcontractor and materialman shall provide a copy of the written notice to the contractor for which the subcontractor or materialman is providing services or materials;

 

(ii)  The notice required under this section shall be sent within thirty (30) days after first providing services or materials to the construction project;

 

(iii)  Failure to send the notice required under this section within the time specified shall bar the right of a contractor, subcontractor or materialman to assert a lien;

 

(iv)  The notice required under this section shall be in substantially the same format and contain the same information as the notice contained in W.S. 29‑10‑101.  The form shall be made available and may be obtained at the county clerk's office of each county;

 

(v)  The contractor shall forward to the owner any preliminary notice received from a subcontractor or materialman within fifteen (15) days of receipt of the preliminary notice.

 

29‑2‑113.  Identity of record owner or his agent provided.

 

The contractor shall provide to subcontractors and materialmen at the time of contracting with them the name and address of the record owner and his agent, if applicable, and legal description of the site of the project on which work will be performed or materials furnished.".

 

Page 24-lines 12 through 22     Delete entirely.

 

Page 25-line 13                        Delete "29-1-312" insert "29-2-112".

 

Page 25-line 15                        Delete "29-1-312(a)(i)" insert "29-2-112(a)(i)".

 

Page 30-line 20                        Delete "29-1-313" insert "29-2-107".

 

Page 30-line 22                        Delete "29-1-313(a)" insert "29-2-107(a)".

 

Page 31-line 14                        Delete "29-1-313" insert "29-2-107".

 

Page 32-line 18                        Delete "29-1-313" insert "29-2-107".

 

Page 32-line 20                        Delete "29-1-314(c)" insert "29-1-312(c)".

 

Page 33-line 12                        Delete "29-1-314" insert "29-1-312".

 

Page 34-line 4                          Delete "29-1-315" insert "29-2-106".

 

Page 34-line 6                          Delete "29-1-314(b) and (f)" insert "29-1-312(b) and (f)".

 

Page 34-line 17                        Delete "29-1-314" insert "29-1-312".

 

Page 42-line 20                        Delete "29-1-315(c)" insert "29-2-106(c)".

 

Page 42-line 24                        Delete "29-1-312" insert "29-2-112".

 

Page 43-line 5                          Delete "29-1-315(c)" insert "29-2-106(c)".

 

Page 43-line 19                        Delete "29-1-315(c)" insert "29-2-106(c)".

 

Page 47-line 11                        Delete "29-1-317" insert "29-1-314".

 

Page 47-line 14                        Delete "29-1-316" insert "29-1-313"; delete "29-1-317" insert "29-1-314".

 

Page 48-line 1                          Delete "29-1-316" insert "29-1-313".

 

Page 51-line 9                          After "29-2-106" delete "(c)"; before 29-2-108" insert "29-2-107,".

 

Page 58-After line 12               Insert:

 

"(a)  Every Except as provided in subsection (c) of this section, any contractor asserting a lien under this chapter shall file his lien statement within one hundred twenty (120) one hundred fifty (150) days and every other person asserting a lien under this chapter shall file within ninety (90) one hundred twenty (120) days:

 

(i)  Of the earlier of:

 

(A)  After the last day when work was performed or materials furnished under contract; or

 

(ii)(B)  From the date the of substantial completion of the project on which work was substantially completed or substantial completion of the contract to furnish performed or materials, whichever is earlier were furnished under contract; or

 

(iii)(ii)  With respect to an employee or a subcontractor, after the last day he performed work at the direction of his employer or the contractor or other person authorized to provide direction.

 

(b)  No contract made between the record owner and the contractor shall be construed to affect or restrict the right of any subcontractor, journeyman or worker materialman to file a lien.

 

(c)  The record owner may record a notice of substantial completion of the project in the records of the county clerk in the county where the project is located.  If a notice of substantial completion of the project is recorded under this subsection, the date the notice is recorded shall be presumed to be the date of substantial completion of the project. After the notice has been duly recorded, the record owner shall send a copy of the notice within five (5) days to all contractors, subcontractors and materialmen who provided the record owner with preliminary notice pursuant to W.S. 29‑2‑112.  The notice shall not extend the date by which a lien statement shall be filed as may otherwise be provided in this section.  The time to file a lien statement by any contractor, subcontractor or materialman shall not be affected if the record owner fails to send the notice of substantial completion of the project.

 

(d)  The notice of substantial completion of the project shall refer to this section, provide the date of substantial completion of the project on the notice and state in bold face type: "This notice creates a rebuttable presumption that the period for filing a lien shall begin to run as of the date the notice was recorded.  If the recipient of the notice has not been paid in full, any lien to be filed on the property to secure full payment shall be filed by contractors within one hundred fifty (150) days of the date the notice was recorded and within one hundred twenty (120) days of the date the notice was recorded for materialmen.".

 

Page 58-line 14    Strike "(c)" insert "(e)".

 

Page 58-line 23    Delete "29-1-314" insert "29-1-312".

 

Page 59-After line 2                 Insert:

 

"(d)(f)  A cooperative utility claiming a lien under W.S. 29-2-101(d) shall file its lien statement within one hundred eighty (180) days after the first date the provisions of W.S. 29-2-101(d)(i) and (ii) were met.  The cooperative utility and its member may agree to an extension of the time in which the lien may be filed, but the agreement may not exceed a total time for filing the lien statement beyond three hundred sixty (360) days.  Any agreement for an extension under this subsection shall otherwise comply with the requirements of subsection (c) (e) of this section.

 

29-2-107.  Notice of intention to file lien.

 

(a)  Before filing a lien pursuant to this chapter every person a lien claimant shall give ten (10) days send written notice to the record owner or his agent in writing of any claim against real property, a building or an improvement or for materials furnished stating the amount of any claim and from whom it is due.  The notice shall be sent no later than twenty (20) days prior to filing a lien statement.

 

(b)  The notice under this section shall be in substantially the same format and contain the same information as the notice form specified in W.S. 29‑10‑102.  The notice forms shall be made available and may be obtained at the county clerk's office of each county.".

 

Page 59-line 24                        Delete "29-1-317" insert "29-1-314".

 

Page 60-line 1                          Strike "29-2-109" insert "29-2-113".

 

Page 60-line 9                          Delete "29-1-314(a)" insert "29-1-312(a)".

 

Page 60-line 16                        Delete "29-1-314(b)" insert "29-1-312(b)".

 

Page 60-line 19                        Delete "29-1-314(a)" insert "29-1-312(a)".

 

Page 61-line 11                        Delete "29-1-314" insert "29-1-312".

 

Page 61-line 12                        Delete "29-1-314" insert "29-1-312".

 

Page 61-line 14                        Delete "29-1-314" insert "29-1-312".

 

Page 61-line 24                        Delete "29-1-314 and 29-1-316" insert "29-1-312 and 29-1-313".

 

Page 62-line 6                          Delete "29-2-106(a) and (b),".

 

Page 62-line 10                        Delete "2010" insert "2011".

 

Page 62-line 11                        Delete "2010" insert "2011".

 

Page 62-line 13                        Delete "2010" insert "2011".

 

Page 62-line 15                        Delete "2010" insert "2011".  PERKINS