ADOPTED SENATE AMENDMENTS
WEDNESDAY, FEBRUARY 23, 2011
HB0029SW001/AE
Page 1-line 4 After "specified;" insert "providing for issuance of a remotely communicated search warrant;".
Page 1-line 11 After "(c)," insert "(d)(intro),".
Page 1-line 13 After "(e)" insert ", (f)".
Page 3-After line 18 Insert:
"(d) If a person under arrest refuses upon the
request of a peace officer to submit to a chemical test designated by the
agency employing the peace officer as provided in subsection (a) of this
section, none shall be given except in cases where serious bodily injury or
death has resulted or, if exigent circumstances do
not exist, upon issuance of a search warrant. The peace officer shall submit his signed statement to the
department. The statement submitted by the officer shall contain: A test of the agency's choice may be administered upon
issuance of a warrant, including a remotely communicated search warrant, when
reasonable under the circumstances and as provided in this subsection. A
remotely communicated search warrant may be issued upon sworn or affirmed
testimony of the peace officer who is not in the physical presence of a
judicial officer, provided the judicial officer is satisfied that probable
cause exists for the issuance of the warrant. All communication between the
judicial officer and the peace officer or prosecuting attorney requesting the
warrant may be remotely transmitted by voice, image, text or any combination
thereof, or by other means. The testimony and content of the warrant shall be
recorded by writing or mechanical, magnetic, electronic, photographic storage
or by other means. Upon approval, the judicial officer may direct a peace
officer or the prosecuting attorney requesting a warrant from a remote location
to sign the judicial officer's name on a warrant at a remote location. A
remotely communicated search warrant shall be valid only for purposes specified
in this subsection.".
Page 9-line 3 After "section." insert "A chemical test designated by the agency employing the peace officer may also be administered to a person who refuses to take a test upon issuance of a search warrant, including a remotely communicated search warrant, as provided in W.S. 31-6-102(d). A remotely communicated search warrant shall be valid only for purposes specified in this subsection.".
Page 12-line 16 After "section." insert "A chemical test designated by the agency employing the peace officer may also be administered to a person who refuses to take a test upon issuance of a search warrant, including a remotely communicated search warrant, as provided in W.S. 31-6-102(d). A remotely communicated search warrant shall be valid only for purposes specified in this subsection.".
Page 12-After line 16 Insert:
(f) If the person refuses testing or submits to is
administered a test which discloses an alcohol concentration of four
one-hundredths of one percent (0.04%) or more by weight of alcohol in the
person's blood the peace officer shall submit a signed statement to the
department. The statement submitted by the officer shall contain:
Page 14-line 10 After "(d)" insert "(i) and (ii)". JOHNSON
HB0029SW002/AE
[TO ENGROSSED COPY]
Page 3-after line 18 In the Johnson Committee of the Whole Amendment to this line (HB0029SW001/AE) in subsection (d) delete ", if exigent circumstances do not exist,". PERKINS
HB0127S3001/AE
[TO ENGROSSED COPY]
Page 12-After line 6 Delete the Nicholas Committee of the Whole Amendment (HB0127SW006/AE) to this line and further amend as follows: insert:
"21‑13‑102. Maximum rate of school district tax; recapture of excess; equalization of permissive levies.
(b) Except
as otherwise provided by law, On January 15, March
15 and May 15 of each school
year:
(i) in equal payments of twenty-five percent (25%) and the
balance to be paid on June 15, each school district shall rebate to the
department of education the amount by which the revenue A school district whose revenues from the sources provided by W.S. 21‑13‑310 exceeds exceed
the foundation program costs determined under W.S. 21‑13‑309 by more than three hundred percent (300%), as
estimated to the districts on or before August 15 and as subsequently certified
to the districts on or before March 1 of the current fiscal year under
subsection (e) of this section, to shall rebate fifty percent (50%) of the excess revenues to
the department of education. The balance of the excess revenues shall be
rebated to the department on or before June 15 of that school year;
(ii) A school district whose revenues specified under W.S. 21‑13‑310 for any school year exceed the foundation program costs determined under W.S. 21‑13-309 by three hundred percent (300%) or less, as estimated and certified under subsection (e) of this section, shall rebate forty percent (40%) of the excess revenues to the department by January 15 of the applicable school year. The balance of the excess revenues shall be rebated to the department on or before June 15 of the applicable school year;
(iii) Amounts rebated under paragraphs (i) and (ii) of this subsection shall be credited to the public school foundation program account defined in W.S. 21‑13‑101(a)(ix).".
Page 20-After line 16 Delete the Nicholas Committee of the Whole amendment (HB0127SW006/AE) to this line and further amend as follows: insert:
"21‑13‑313. Distribution of funds from foundation account; property tax and cash reserve adjustment; regulations.
(c) One-third
(1/3) Fifteen
percent (15%) of each district's entitlement
shall be paid to the district on or before
August 15 of each year. and subject to any adjustment under subsections
(d) and (e) of this section, ten percent (10%) of
each district's entitlement shall be paid on or about the fifteenth
day of October and February, each month through April of each year. The final payment
for the balance of the entitlements each district's entitlement shall be distributed on or before May 15 of each year. If, after March
1 and before April 1, the state superintendent determines that the entitlement to be paid to a district for that school year is
not accurate, the state superintendent shall make
additional adjust payments to
or require payments from that district
as necessary to correct the inaccuracy as soon as practicable. Except as
provided under W.S. 21‑2‑202(e), after March 31 of any school year,
the state superintendent shall not adjust any district's entitlement or fiscal
information used to compute a district's entitlement for that school year, and
the entitlement or fiscal information shall only be adjusted thereafter in
accordance with audit review pursuant to W.S. 9‑1‑513.
(g) In addition to subsections (b)
and (c) of this section, the state superintendent shall, for any district subject to W.S. 21‑13‑102(b)
as determined by the department for any school year,
or for any district not subject to W.S. 21‑13‑102(b) whose
entitlement amount determined under W.S. 21‑13‑311(a) for any
school year is equal to or less than twenty percent (20%) of the foundation
program amount computed under W.S. 21‑13‑309(p), and upon demonstration
by the district of financial need as documented by cash flow analysis,
provide payments from the school foundation program account in an amount equal not
to one-third (1/3) exceed one-fifth (1/5) of the foundation program
amount computed for that district for that school year in accordance with W.S.
21‑13‑309. The computed amount shall be paid to each eligible
district on August 15 or before September 15 based upon tentative
computations under W.S. 21‑13‑309, for which the department may use
fiscal information available from foundation program computations for the
previous school year in the manner provided under subsection (b) of this
section. Any district receiving a payment under this subsection shall repay and
repaying the foundation program account by June 15 December 15
of that school year shall not be assessed interest.
After December 15, the district shall be assessed interest at a rate equal to
the rate specified by W.S. 21‑13‑316(a) until the payment is repaid
in full. In no event shall an advance payment under this subsection extend
beyond and remain unpaid by any district, including interest, on and after June
15 of that school year.".
Page 27-line 1 After "2." insert "(a)".
Page 27-After line 3 insert:
"(b) 2011 Senate File 0001, Section 205, Footnotes 4 and 5, are repealed.".
Page 29-After line 6 After the Nicholas Second Reading Amendment (HB0127S2003/AE) to this line, insert and renumber:
"Section 6.
(a) Each school district subject to W.S. 21‑13‑102(b) for school year 2011‑2012, shall on or before July 31, 2012, report the following information to members of the joint education interim committee and to the joint appropriations interim committee:
(i) A cash flow analysis, detailing district monthly expenditures and revenues during the reporting period;
(ii) Monthly cash balances for each month during the 2011‑2012 school year;
(iii) Amounts borrowed by the district during the reporting period necessary to cover district expenditures;
(iv) Earnings on excess revenues during the reporting period.". VON FLATERN, NICHOLAS
HB0152SW002/A
Page 1-line 12 Delete "35‑1‑112" insert "35‑11‑112". BEBOUT
HB0174SS001/A
Page 1-line 2 Delete "to the" insert "as specified; providing that the".
Page 1-line 3 After "Wyoming" insert "may submit bids on the property as specified".
Page 1-line 12 After "land" delete "to" insert "at auction conducted according to W.S. 36-9-101 through 36-9-120:".
Page 1-line 13 Delete.
Page 3-line 13 Delete "sale at an" insert "public auction at an amount at least equal to the".
Page 3-line 15 After "commissioners" insert "." and delete balance of the line.
Page 3-after line 15 Insert and renumber:
"(c) The transportation commission of Wyoming is authorized to submit bids at auction to acquire the property described in subsection (a) of this section at an amount greater than the appraised value.".
Page 3-line 17 Delete "(c)" insert "(d)".
Page 3-line 21 Delete and insert "purchaser.".
Page 3-line 23 Delete and insert "(e) The purchaser shall be".
Page 4-line 2 After "transfer" insert "." and delete balance of line.
Page 4-lines 4 through 7 Delete, insert and renumber:
"(f) In determining the terms of the sale of the property specified in subsection (a) of this section, the board of land commissioners shall consult with the administrator of the life resource center to ensure that any future use of the property is compatible with the mission and purpose of the life resource center. These restrictions on use shall be listed in the advertisement for the property and shall be a permanent restriction on the deed. The administrator shall accommodate temporary uses, such as grazing, if possible.". GEIS, CHAIRMAN
HB0179SS001/A
Page 2-line 15 Delete "multi-county".
Page 3-line 13 Delete "multi-county".
Page 3-line 14 Delete "power" insert "powers". CASE, CHAIRMAN
HB0249S2001/AE
Page 4-line 7 Delete "by accepting" insert "manifested by his refusal to accept". MEIER, PERKINS
HB0252SS001/AE
[TO ENGROSSED COPY]
Page 4-line 3 Delete "." insert ";".
Page 4-after line 3 Insert:
"(iii) Consider any federal requirements for positions in programs that are partly federally funded.". SCOTT, CHAIRMAN
HB0253SS001/A
Page 2-line 1 Delete "such" insert "the". SCOTT, CHAIRMAN
HB0255SS001/A
Page 1-line 15 Delete "he" insert "the claimant".
Page 2-line 2 Delete "he" insert "the claimant". HINES, CHAIRMAN
SF0101JC01/A
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SF0101JC01/ |
TO ENGROSSED COPY |
Adopt the following House amendments:
SF0101H3001/AE
Delete the following House amendments:
SF0101HS001/AE. COE, JENNINGS, ROTHFUSS, TEETERS, BONNER, GREENE