ADOPTED SENATE AMENDMENTS

 

WEDNESDAY, MARCH 02, 2011

 

HB0088JC01/AA

HB0088JC01/

TO ENGROSSED COPY

 

Adopt the following Senate amendments:

HB0088SS001/AE

 

Delete the following Senate amendments:

HB0088SW001/ACE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 9      After "services;" insert "revising penalties;".

 

Page 1-line 14     After "W.S." insert "23‑2‑401(b),".

 

Page 2-line 2      After "23‑2‑417" delete "(b)".

 

Page 2-after line 2     Insert:

 

"23-2-401.  Guides required; exceptions; issuance of resident guide license.

 

(b)  Any resident possessing a valid resident big or trophy game animal license may apply for and receive a resident guide license. The resident guide license shall be issued without charge or bond by the commission, any district supervisor or resident game warden upon receipt of an affidavit from the resident stating the names and addresses of the nonresident hunters to be guided, the game to be hunted, the area to be hunted, and that the resident has not received nor will accept directly or indirectly any compensation for his services as a guide. A resident guide shall not guide more than two (2) nonresident hunters in any calendar year on any national forest, wilderness area, national game refuge, or national park, except as provided in W.S. 23-2-401, nor shall he accept any compensation or gratuity for his services. An exchange of guide services shall not be considered compensation for the purposes of this section. The name and license number of the nonresident hunter shall be placed on the back of the resident guide license and stamped or signed by the issuer.

 

Page 2-line 20     Delete "(c)" insert "(b) and (c)".

 

Page 5-line 17     Delete "(a)(iii)(B)" insert "(a)(iv)(B)".

 

Page 8-after line 16    Insert:

 

"(a)  Any person violating any provision of this act is guilty of a misdemeanor punishable by a fine of not to exceed two thousand dollars ($2,000.00), imprisonment for not more than one (1) year, or both five thousand dollars ($5,000.00).".

 

MCOMIE, CHILDERS, STUBSON, COE, HICKS, MARTIN

 

 

 

HB0100JC01/AA

HB0100JC01

 

 

Delete the following Senate amendments:

HB0100S2001/A

 

Further amend as follows:

 

 

Page 1-line 3      After "easement" insert "as specified".

 

Page 1-line 8      Delete "(a)(iii)(intro)" insert "(b) by creating a new paragraph (iii)".

 

Page 1-lines 13 through 16   Delete and insert:

 

     "(b)  Notwithstanding subsection (a) of this section:    

 

(iii)  The commission shall not assert any claim based upon adverse possession or a prescriptive easement as a basis to acquire any interest in real property.  Provided, however, that the commission may assert a claim of adverse possession or prescriptive easement as a basis for correcting or interpreting a defect in a written grant of an interest in real property.". 

 

Page 2-lines 1 through 3     Delete. 

 

SHEPPERSON, BLAKE, GREEAR, BURNS, CHRISTENSEN, JENNINGS

 

 

HB0127JC01/AA

HB0127JC01

TO ENGROSSED COPY

 

Adopt the following Senate amendments:

HB0127S2002/AE

HB0127SS002/AE

HB0127SW001/AE

 

Delete the following Senate amendments:

HB0127S2001/AE

HB0127S2003/AE

HB0127S3001/AE

HB0127SS001/AE

HB0127SW003/ACE

HB0127SW005/AE

HB0127SW006/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 6      After "expenditures;" insert "modifying foundation account payment and recapture schedules and advance payments as specified;".

 

Page 2-line 4      After "(c)," insert "21‑13‑102(b),".

 

Page 2-line 7      After "(d)," insert "21‑13‑313(c) and (g),".

 

Page 9-line 19     After "progress" insert "of each of its schools".

 

Page 10-line 6     Delete "district" insert "school".

 

Page 12-After line 6 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 For 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 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 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 12-line 17    Delete "maintains a" insert "has maintained an average".

 

Page 12-line 19    After "for" insert "the aggregate of".

 

Page 12-line 20    After "district" insert "in the preceding school year".

 

Page 12-lines 21 through 24  Delete and insert:

 

"waived by the department of education for any district that demonstrates insufficient school facility capacity, positive school performance, positive student achievement or for other reasons related to the delivery of the education program to students.  This paragraph shall not apply to charter schools established under W.S. 21‑3‑301 through 21‑3‑314.  The department shall compute the student-teacher ratio and report it to each district not later than March 1 of each year.  To obtain a waiver under this paragraph, a school district shall apply to the department not later than March 15 of each year.  The application shall be based on the student-teacher ratio reported by the department of education, together with any other information required by the department.  The department shall approve or deny an application for a waiver under this paragraph not later than April 10 of that year.  A waiver approved under this paragraph shall be effective for the school year immediately following the application and approval.".

 

Page 13-lines 1 and 2   Delete.

 

Page 20-After line 16 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 1 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 22-line 12    Before "." insert "of any member employee's salary".

 

Page 24-line 10    Before "." insert "of any member employee's salary".

 

Page 27-line 1     After "2." insert "(a)".

 

Page 27-After line 3 insert:

"(b)  2011 Senate File 0001, Section 205, Footnote 4 is repealed.".

 

Page 29-After line 6    Insert:

 

"Section 5.

 

(a)  Each school district subject to W.S. 21‑13‑102(b) for school year 2010‑2011, shall on or before July 31, 2011, report the information specified under this section to the department of education.  The department shall compile the information and by August 31, 2011, submit the compilation to the legislative service office for distribution to members of the joint education interim committee and the joint appropriations interim committee.  Information to be reported by applicable school districts under this section includes the following:

 

(i)  A cash flow analysis, detailing district monthly expenditures and revenues during the reporting period;

 

(ii)  Monthly cash balances for each month during the 2010‑2011 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.".

 

Page 29-line 8     Delete "5." insert "6.".

 

Page 29-line 14    Delete "section 4" insert "sections 4 and 5"; delete "is" insert "are".

 

TETTERS, HARSHMAN, MCKIM, COE, MEIER, VON FLATERN

 

 

 

 

 

 

 

 

SF0025JC01/A

SF0025JC01/

TO ENGROSSED COPY

 

Adopt the following House amendments:

SF0025H3001/AE

SF0025HW001/ACE

 

 

Delete the following House amendment:

SF0025HS001/AE

 

 

Further amend the ENGROSSED COPY as follows:

 

 

Page 1-line 3      After "specified;" delete balance of line.

 

Page 1-line 4      Delete "authority;".

 

Page 2-lines 22 and 23  Delete and renumber.

 

Page 3-after line 7     Insert and renumber:

 

"Section 2.  W.S. 42‑6‑102(a)(xi) is amended to read:

 

42-6-102.  Definitions.

 

(a)  As used in this act:

 

          (xi)  "This act" means W.S. 42-6-101 through 42‑6‑108 42‑6‑109.".

 

Page 3-line 9      Delete "2" insert "3".

 

Page 3-line 22     Delete "3" insert "4".

 

Page 4-line 1      Delete "W.S. 42‑6‑109(d) created by this act and".

 

 

Page 4-line 2      Delete "2" insert "3"; delete "are" insert "is". MARTIN, DOCKSTADER, LANDEN, DAVISON, CONNOLLY, GREEAR

 

 

 

 

SF0050JC01/A

Delete the following House amendments:

SF0050HW001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 5      After "requirements;" insert "providing for legislative advice as specified;"; delete "an appropriation" insert "appropriations".

 

Page 9-after line 2     Insert and renumber:

 

"(g)  The joint labor, health and social services interim committee, augmented by two (2) members of the senate appropriations committee appointed by the president of the senate and two (2) members of the house appropriations committee appointed by the speaker of the house of representatives, shall advise the governor and the study oversight entity on the design and breadth of the study and on a mid-study revision thereof.".

 

Page 9-line 4      Delete "(g)" insert "(h)".

 

Page 9-after line 6     Insert and renumber:

 

"(j)  Members of the augmented labor, health and social services committee shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 for their official duties required by subsection (g) of this section.".

 

Page 9-line 8      After "Section 2." insert "(a)".

 

Page 9-after line 20    Insert:

 

"(b)  There is appropriated twenty thousand dollars ($20,000.00) from the general fund to the legislative service office for payment of salary, per diem and mileage for legislators performing services required by subsection (g) of section 1 of this act.  Any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2013.". SCOTT, PERKINS, SCHIFFER, HARVEY, KASPERIK, ZWONITZER, DV.

 

 

 

SF0070JC01/A

SF0070JC01/

TO ENGROSSED COPY

 

 

Adopt the following House amendments:

SF0070H2001/AE

SF0070H3001/AE

SF0070HS001/AE

SF0070HW001/AE

SF0070HW002/AE

SF0070HW003/AE

SF0070HW004/AE

 

 

Delete the following House amendments:

SF0070H3002/AE

 

 

 

 

Further amend the ENGROSSED COPY as follows:

 

 

Page 2-line 20     Delete ", fourth" insert "through eighth".

 

Page 2-line 21     Delete "fifth" insert "eleventh".

 

Page 2-line 23     After "(ii)" insert "Additional".

 

Page 3-line 4      Before "Secondary" insert "Additional".

 

Page 3-line 18     Delete "five (5)" insert "eight (8) and grade eleven (11)".

 

Page 3-line 23     Delete "five (5)" insert "eight (8) and grade eleven (11)".

 

 

Page 5-line 11     After "For" insert "additional".

 

 

Renumber as necessary. COE, JENNINGS, ROTHFUSS, TEETERS, HARSHMAN, MADDEN

 

 

 

 

SF0102JC01/A

Adopt the following House amendments:

SF0102HS001/A

 

Delete the following House amendments:

SF0102HW001/A

 

Further amend as follows:

 

Page 1-line 2      After "reform;" insert "creating a legislative advisory committee;".

 

Page 1-line 6      Delete "an appropriation" insert "appropriations".

 

Page 2-after line 6     Insert and renumber:

 

"(b)  There is created a Medicaid cost study oversight legislative advisory committee.  The committee shall advise the governor and the study oversight organization on the conduct of the study.  The advisory committee shall have four (4) members appointed as follows:

 

(i)  Two (2) members appointed by the president of the senate, one of whom he shall designate as cochairman.  One (1) appointee shall be a member of the senate appropriations committee and one (1) appointee shall be a member of the senate labor, health and social services committee;

 

(ii)  Two (2) members appointed by the speaker of the house of representatives, one (1) of whom he shall designate as cochairman.  One (1) appointee shall be a member of the house appropriations committee and one (1) appointee shall be a member of the house labor, health and social services committee.".

 

Page 10-after line 7    Insert and renumber:

 

"(h)  Members of the legislative advisory committee shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 for their official duties as members of the task force.".

 

Page 10-after line 23   Insert and renumber:

 

"(b)  There is appropriated twenty thousand dollars ($20,000.00) from the general fund to the legislative service office for payment of salary, per diem and mileage for legislative advisory committee members.  Any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2013."

 

Page 11-line 1 Delete "(b)" insert "(c)".  SCOTT, MEIER, ROSS, HARVEY, PETROFF, QUARBERG

 

 

 

 

 

 

 

SF0107JC01/A

SF0107JC01/

TO ENGROSSED COPY

 

Adopt the following House amendments:

SF0107HS001/AE

SF0107HW001/AE

 

Delete the following House amendments:

SF0107H2001/AE

SF0107H3001/AE

SF0107HW002/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 8 After "authority;" insert "providing for reports;".

 

Page 6-line 5 Delete "grants" insert "the grants awarded and the progress of the program created under this act".

 

Page 6-line 6 After "appropriations" insert "and joint transportation, highways and military affairs"; delete "committee" insert "committees on or before December 1 of each year". MEIER, COOPER, SCHIFFER, CHILDERS, EKLUND, THRONE