ADOPTED HOUSE AMENDMENTS
MONDAY, FEBRUARY 07, 2011
HB0163HS001/A
Page 3-line 12 Delete "and shall seek" insert ", and to require that person to obtain". SEMLEK, CHAIRMAN
HB0163HW001/A
Page 1-line 8 Delete "41-3-101 and".
Page 1-lines 11 through 16 Delete entirely.
Page 2-lines 1 through 20 Delete entirely. LOCKHART
HB0191H2001/A
Page 1-line 4 Delete "imposition,".
Page 1-line 5 After "specified;" insert "providing conforming amendments;".
Page 1-line 10 Delete "39-22-103" insert "39-15-111(c), 39-16-111(d)".
Page 1-line 14 Delete entirely.
Page 2-lines 1 through 11 Delete entirely and insert:
"39-15-111. Distribution.
(c) If any person commences after the effective date of this act to construct an industrial facility, as that term is defined in W.S. 35-12-102, under a permit issued pursuant to W.S. 35-12-106, or if the federal or state government commences to construct any project within this state with an estimated construction cost as specified in the definition of industrial facility in W.S. 35-12-102 the state treasurer shall thereafter pay to the county treasurer and the county treasurer will distribute to the county, cities and towns of that county in which the industrial facility or project is located, impact assistance payments from the monies available under paragraph (b)(i) of this section. Each payment to the county treasurer shall be equal to the excess of each monthly payment made under paragraph (b)(iii) of this section during the period of construction over the base period amount and shall continue during the period of construction except that in the case of an industrial facility or a federal or state government project which is expected to continue in phases for an indefinite period of time, the state treasurer shall discontinue payments under this section and establish a new base period when construction of any phase has ceased or been substantially completed for twelve (12) consecutive months. The impact assistance payments shall be distributed to the county treasurer and the county treasurer will distribute to the county and to the cities and towns therein based on a ratio established by the industrial siting council during a public hearing held in accordance with W.S. 35-12-110. The industrial siting council shall review the distribution ratio for construction projects on a regular basis and make appropriate adjustments. A governing body which is primarily affected by the facility, or any person issued a permit pursuant to W.S. 35-12-106, may petition the industrial siting council for review and adjustment of the distribution ratio upon a showing of good cause. The impact assistance payment shall be in addition to all other distributions under this section, but no impact assistance payment shall be made for any period in which the county or counties are not imposing at least a one percent (1%) tax authorized by W.S. 39-15-204(a)(i) and 39-16-204(a)(i) or at least a total of a two percent (2%) sales tax authorized under W.S. 39-15-204(a)(i), (iii) and (vi) and at least a total of a two percent (2%) use tax authorized under W.S. 39-16-204(a)(i), (ii) and (v). Any county, city or town receiving any payment from the impact assistance account created under W.S. 39-22-111(a)(iii) shall not receive payments under this subsection for the same facility. For purposes of this subsection, the industrial facility or federal or state government project will be deemed to be located in the county in which a majority of the construction costs will be expended, provided that upon a request from the county commissioners of any adjoining county to the industrial siting council, the council may determine that the social and economic impacts from construction of the industrial facility or federal or state government project upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the state treasurer who will thereafter distribute the impact assistance payment to the counties pursuant to that ratio.
39-16-111. Distribution.
(d) If any person commences after the effective date of this act to construct an industrial facility, as that term is defined in W.S. 35-12-102, under a permit issued pursuant to W.S. 35-12-106, or if the federal or state government commences to construct any project within this state with an estimated construction cost as specified in the definition of industrial facility in W.S. 35-12-102 the state treasurer shall thereafter pay to the county treasurer and the county treasurer will distribute to the county, cities and towns of that county in which the industrial facility or project is located, impact assistance payments from the monies available under paragraph (b)(i) of this section. Each payment to the county treasurer shall be equal to the excess of each monthly payment made under paragraph (b)(iii) of this section during the period of construction over the base period amount and shall continue during the period of construction except that in the case of an industrial facility or a federal or state government project which is expected to continue in phases for an indefinite period of time, the state treasurer shall discontinue payments under this section and establish a new base period when construction of any phase has ceased or been substantially completed for twelve (12) consecutive months. The impact assistance payments shall be distributed to the county treasurer and the county treasurer will distribute to the county and to the cities and towns therein based on a ratio established by the industrial siting council during a public hearing held in accordance with W.S. 35-12-110. The impact assistance payment shall be in addition to all other distributions under this section, but no impact assistance payment shall be made for any period in which the county or counties are not imposing at least a one percent (1%) tax authorized by W.S. 39-15-204(a)(i) and 39-16-204(a)(i) or at least a total of a two percent (2%) sales tax authorized under W.S. 39-15-204(a)(i), (iii) and (vi) and at least a total of a two percent (2%) use tax authorized under W.S. 39-16-204(a)(i), (ii) and (v). Any county, city or town receiving any payment from the impact assistance account created under W.S. 39-22-111(a)(iii) shall not receive payments under this subsection for the same facility. For purposes of this subsection, the industrial facility or federal or state government project will be deemed to be located in the county in which a majority of the construction costs will be expended, provided that upon a request from the county commissioners of an adjoining county to the industrial siting council, the council may determine that the social and economic impacts from construction of the industrial facility or federal or state government project upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the state treasurer who will thereafter distribute the impact assistance payment to the counties pursuant to that ratio.".
Page 2-line 15 After "(a)" insert "Except as provided in subsection (b) of this section,".
Page 4-lines 12 through 24 Delete entirely, including the standing committee amendment (HB0191HS001/A) to these lines, and insert:
"(a) The proceeds from the tax imposed by this chapter shall be transferred to the state treasurer to be distributed in the same manner as excise taxes and as follows:
(iii) Credit sixty-nine percent (69%) as follows:
(A) For the period beginning January 1, 2012 and ending June 30, 2017, or until the account balance reaches the amount of fifteen million dollars ($15,000,000.00), eighty percent (80%) of the proceeds under this paragraph shall be deposited in the impact assistance account which is hereby created and twenty percent (20%) of the proceeds under this paragraph shall be deposited in the general fund;
(B) After the conditions set forth in subparagraph (A) of this paragraph are met, then fifteen percent (15%) of the proceeds under this paragraph shall be deposited in the impact assistance account and eighty-five percent (85%) of the proceeds under this paragraph shall be deposited in the general fund.
(iv) One percent (1%) shall be distributed in equal shares to each county; and
(v) The remaining share shall be distributed to counties and within each county as follows:
(A) To each county or counties in which the wind generation facility is located in the proportion that the population of the county situated outside the corporate limits of its cities and towns bears to the total population of the county including cities and towns, for deposit into the county's general fund;
(B) To each city and town within the county in the proportion the population of the city or town bears to the population of the county for deposit into the city's or town's general fund.".
Page 5-lines 2 through 20 Delete entirely, including the standing committee amendment (HB0191HS001/A) to these lines.
Page 6-lines 1 through 19 In the standing committee amendment (HB0191HS001/A) to these lines, in subsection (b) created by that amendment, delete "subdivision (a)(i)(A)(I)" insert "subparagraph (a)(iii)(A)".
Page 7-line 1 In the standing committee amendment (HB0191HS001/A) to this line after "therein" insert "at times set by and".
Page 7-line 19 Delete "is" insert "and 39-22-111(a)(i) and (ii) are". STUBSON, DAVISON
HB0198HS001/A
Page 1–line 4 Delete "child molestation" insert "sexual abuse of a minor".
Page 1-line 13 Delete "child molestation" insert "sexual abuse of a minor".
Page 2-line 1 Delete "child molestation" insert "sexual abuse of a minor".
Page 2-line 3 Delete "child molestation is" insert "sexual abuse of a minor".
Page 2-line 4 Delete "admissible and".
Page 3-line 1 Delete "is admissible, and".
Page 4-line 9 Delete "child".
Page 4-line 10 Delete "molestation" insert "sexual abuse of a minor".
Page 4-line 13 Delete "child molestation" insert "sexual abuse of a minor".
Page 4-line 15 Delete "child molestation is admissible, and" insert "sexual abuse of a minor".
Page 5-line 8 After "section" delete ";" insert ""offense of sexual abuse of a minor" means:
(i) Any act made criminal pursuant to W.S. 6‑2‑314 through 6‑2‑316;".
Page 5-lines 10 through 16 Delete entirely.
Page 5-line 18 Delete "(B)" insert "(ii)".
Page 5-line 20 Delete "assault" insert "abuse of a minor"; after "in" delete balance of line and insert "paragraph (i) of this subsection; or".
Page 5-lines 21 and 22 Delete entirely.
Page 6-line 1 Delete "(C)" insert "(iii)".
Page 6-line 2 After "in" delete balance of the line.
Page 6-line 3 Delete "paragraph" insert "paragraphs (i) and (ii) of this subsection". BROWN, CHAIRMAN
HB0198HW001/A
Page 1-line 4 After ";" insert "specifying procedure for introduction of evidence;".
Page 2-lines 7 through 13 Delete entirely and insert:
"(b) In any case where a party intends to offer evidence under this section, the following procedure shall be used:
(i) A written motion shall be made by the party to the court at least fifteen (15) days prior to scheduled start of the trial stating that the party has an offer of proof of the relevancy of evidence offered under this section;
(ii) The written motion shall be accompanied by affidavits in which the offer of proof is stated;
(iii) If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the parties to attend and be heard regarding the offer of proof made by the offering party and other pertinent evidence;
(iv) At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that its admission will create undue prejudice, the evidence shall be admissible pursuant to this section. The court may make an order stating what evidence may be introduced by the party, which order may include the nature of the questions to be permitted.".
Page 3-lines 4 through 11 Delete entirely and insert:
"(b) In a case in which the prosecution intends to offer evidence under this section, the following procedure shall be used:
(i) A written motion shall be made by the prosecution to the court at least fifteen (15) days prior to the scheduled start of the trial stating that the prosecution has an offer of proof of the relevancy of evidence offered under this section;
(ii) The written motion shall be accompanied by affidavits in which the offer of proof is stated;
(iii) If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the defendant to attend and be heard regarding the offer of proof made by the prosecution and other pertinent evidence;
(iv) At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that its admission will create undue prejudice, the evidence shall be admissible pursuant to this section. The court may make an order stating what evidence may be introduced by the prosecution, which order may include the nature of the questions to be permitted.".
Page 4-lines 18 through 23 Delete entirely and insert:
"(b) In a case in which the prosecution intends to offer evidence under this section, the following procedure shall be used:
(i) A written motion shall be made by the prosecution to the court at least fifteen (15) days prior to the scheduled start of the trial stating that the prosecution has an offer of proof of the relevancy of evidence offered under this section;
(ii) The written motion shall be accompanied by affidavits in which the offer of proof is stated;
(iii) If the court finds the offer of proof sufficient, the court shall order a hearing in chambers, and at the hearing allow the defendant to attend and be heard regarding the offer of proof made by the prosecution and other pertinent evidence;
(iv) At the conclusion of the hearing, if the court finds that the probative value of the evidence substantially outweighs the probability that its admission will create undue prejudice, the evidence shall be admissible pursuant to this section. The court may make an order stating what evidence may be introduced by the prosecution, which order may include the nature of the questions to be permitted.". BURKHART
HB0204H2001/A
Page 2-line 5 After "banner" insert "containing a political message or connotation". ZWONITZER, DV
HB0207HS001/A
Page 2-line 14 After "(xv)" insert "that is not owned by a company or employer".
Page 2-After line 19 Insert:
"(iv) "Person" means any private employer employing one (1) or more employees within Wyoming.".
Page 3-line 1 After "(a)" delete balance of the line.
Page 3-line 2 Delete "section,".
Page 3-lines 20 through 24 Delete entirely.
Page 4-lines 2 through 23 Delete entirely.
Page 6-line 10 Delete "may" insert "shall". QUARBERG, CHAIRMAN
HB0207HW001/A
Page 1-line 5 Delete "exclusions" insert "for applicability".
Page 2-After line 19 Delete the standing committee amendment (HB0207HS001/A) to this line.
Page 3-lines 1 and 2 Delete the standing committee amendment (HB0207HS001/A) to these lines.
Page 3-lines 20 through 24 Delete the standing committee amendment (HB0207HS001/A) to these lines.
Page 3-line 24 Delete ":" insert "the person posts notice of the policy or rule on a sign at least twelve (12) inches by twelve (12) inches posted conspicuously at each entrance to the property.".
Page 6-line 17 Delete "Exemptions" insert "Applicability".
Page 6-lines 19 through 22 Delete entirely.
Page 7-lines 1 through 7 Delete entirely.
Page 7-line 9 Delete "(d)". KROEKER
HB0208HS001/A
Page 1-line 1 Delete "amending a".
Page 1-line 2 Delete "definition;".
Page 1-line 8 Delete "31-1-101(a)(x) and".
Page 1-line 9 Delete "are" insert "is".
Page 1-lines 11 through 14 Delete entirely.
Page 2-lines 1 through 8 Delete entirely. QUARBERG, CHAIRMAN
HB0211H3001/A
Delete the Gingery et al. second reading amendment (HB0211H2001/A) entirely and further amend as follows:
Page 2-line 2 After "for" insert "just cause without a public hearing." and delete balance of line. THRONE
HB0235HS001/A
That Substitute No. 1 for HB0235 DO Pass. QUARBERG, CHAIRMAN
HB0235HW001/A
[TO SUBSTITUTE BILL No. 1]
Page 1-line 3 After "specified;" insert "providing that the department of transportation shall retrofit vehicles to operate on natural gas as specified;".
Page 2-line 3 After "site" insert "and other vehicles if expressly authorized by the legislature".
Page 2-lines 5 through 8 Delete entirely.
Page 3-line 11 After "act." insert "The department of transportation is authorized to expend these funds to retrofit department of transportation vehicles and department of administration and information vehicles.".
Renumber as necessary. QUARBERG, ROSCOE
HB0241HS001/A
That Substitute No. 1 for HB0241 DO Pass. TEETERS, CHAIRMAN
HB0244HS001/A
Page 1-line 1 Delete "authorizing".
Page 1-lines 2 through 4 Delete entirely.
Page 1-line 5 Delete "employment transfer;".
Page 1-line 8 After ";" insert "requiring a report;".
Page 2-line 22 After "employment" delete balance of line.
Page 2-line 23 Delete the line through "employment".
Page 3-line 17 Delete ", 27-3-311(a)(i)(C) and (D)," insert "and".
Page 3-line 18 Delete "and".
Page 3-line 19 Delete entirely.
Page 3-line 20 Delete "through (xii)".
Page 5-lines 13 through 22 Delete entirely.
Page 6-lines 1 through 24 Delete entirely.
Page 7-lines 2 through 24 Delete entirely.
Page 15-lines 1 through 22 Delete entirely.
Page 16-lines 1 and 2 Delete entirely.
Page 16-After line 2 Insert:
"Section 3. The department of employment shall submit a report to the joint minerals, business and economic development interim committee by December 15, 2011 specifying the effects of this act on unemployment insurance programs.".
Page 16-line 4 Delete "3" insert "4". STUBSON, VICE-CHAIRMAN
HB0244HS002/A
Page 16-After line 2 Delete the first standing committee amendment (HB0244HS001/A) to this line and insert:
"Section 3. The department of employment shall submit a report to the joint minerals, business and economic development and joint appropriations interim committees by December 1, 2011 specifying the effects of this act on unemployment insurance programs.". BERGER, CHAIRMAN
HB0246HS001/A
Page 2-line 19 After "paragraph" insert "and W.S. 9-2-1016(b)(viii)". PETERSEN, VICE-CHAIRMAN
HB0251HS001/A
Page 2-line 2 Delete ", orally and in person".
Page 2-line 3 Delete "active".
Page 2-line 4 After second "child" insert ".".
Page 2-lines 5 through 12 Delete entirely. TEETER, CHAIRMAN
HB0256HW001/A
Page 4-line 22 After "of" insert "domestic abuse or".
Page 5-line 7 After "of the" insert "domestic abuse or".
Page 5-line 8 After "of the" insert "domestic abuse or".
Page 5-line 11 After "of" insert "domestic abuse or".
Page 5-line 13 After "of" insert "domestic abuse or".
Page 5-line 21 After "The" insert "domestic abuse or".
Page 6-line 1 After "to the" insert "domestic abuse or". CRAFT