S.F. No. 0038

S.F. No. 0038

Revisor's bill.

Sponsored By: Management Council

AN ACT relating to revision of inadvertent errors; correcting statutory references and language resulting from inadvertent errors and omissions in previously adopted legislation; correcting obsolete references; repealing fully executed provisions; specifying applicability; and providing for an effective date.

1/24/2012 Bill Number Assigned

2/13/2012 S Received for Introduction

2/14/2012 S Introduced and Referred to S12

ROLL CALL

Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

2/22/2012 S12 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Anderson, Hastert, Martin, Nicholas, P. and Ross

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/22/2012 S Placed on General File

SF0038SS001/ADOPTED

Page 1-line 14 After "27‑14‑102(a)(xxvii)," insert "31‑19‑103(b)(v),".

Page 2-line 1 After "39‑11‑109(c)(ii)," insert "39‑15‑101(a)(xxxix)(R), 39‑16‑101(a)(xvii)(R),".

Page 12-after line 2 Insert:

"31‑19‑103. Established place of business.

(b) The established place of business shall be a permanent commercial building:

(v) At which shall be kept and maintained, physically or electronically, the books, records and files as required by W.S. ~~31‑19‑106(c)~~ 31‑19‑105(e) as necessary to conduct the business.".

Page 19-after line 2 Insert:

"39‑15‑101. Definitions.

(a) As used in this article:

(xxxix) Telecommunications definitions:

(R) "Prepaid wireless calling service" means a telecommunications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services including the download of digital products delivered electronically, content and ancillary services, which require advance payment that is sold in predetermined units of or dollars of which the number declines with use in a known amount;

39‑16‑101. Definitions.

(a) As used in this article:

(xvii) Telecommunications definitions:

2/24/2012 S Passed CoW

2/27/2012 S Passed 2nd Reading

2/28/2012 S Passed 3rd Reading

ROLL CALL

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

2/29/2012 H Received for Introduction

2/29/2012 H Introduced and Referred to H12

3/2/2012 H12 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Buchanan, Connolly, Craft, Gingery, Illoway, Lubnau, Reeder, Stubson and Throne

Excused: Representative(s) Goggles and Quarberg

Absent: Representative(s) Brechtel and Patton

Ayes 9 Nays 0 Excused 2 Absent 2 Conflicts 0

3/2/2012 H Placed on General File

SF0038HS001/ADOPTED (TO ENGROSSED COPY)

Page 1-line 14 After "(iii), insert "24-1-101(a),".

Page 1-line 17 Delete "35‑2‑912(f),".

Page 2-line 3 Delete "and" insert ","; after "41‑10‑151" insert "and 42‑4‑103(a)(xxv)".

Page 11-after line 18 Insert:

"24‑1‑101. Public highways defined and established; creation by adverse possession.

(a) On and after January 1, 1924, all roads within this state shall be highways, which have been or may be declared by law to be state or county highways. It shall be the duty of the several boards of county commissioners, within their respective counties, prior to said date, to determine what, if any, such roads now or heretofore traveled but not heretofore officially established and recorded, are necessary or important for the public use as permanent roads, and to cause such roads to be recorded, or if need be laid out, established and recorded, and all roads recorded as aforesaid, shall be highways. No other roads, except roads located on federal public lands prior to October, 1976 which provide access for a private residence or agricultural operation shall be highways upon acceptance by the board of county commissioners of the county where the road is located, shall be highways unless and until lawfully established as such by official authority. Except, nothing contained herein shall be construed as preventing the creation or establishment of a public highway right-of-way with reference to state and county highways under the common-law doctrines of adverse possession or prescription either prior to or subsequent to the enactment hereof. If any such board shall resolve the creation or establishment of a public highway right-of-way based upon the common-law doctrines of adverse possession or prescription, it shall, following the filing of a plat and accurate survey required in accordance with the terms and provisions of W.S. 24‑3‑109, proceed with the publication of the proposed road for three (3) successive weeks in three (3) successive issues of some official newspaper published in the county, if any such there be, and if no newspaper be published therein, such notice shall be posted in at least three (3) public places along the line of the proposed road, which notice shall be exclusive of all other notices and may be in the following form:

To all whom it may concern: The board of county commissioners of .... county has resolved the creation and establishment of a public highway right-of-way under the common-law doctrine of prescription in that the road was constructed or substantially maintained by the (either the state or county) for general public use for a period of (ten years or longer) said road commencing at .... in .... county, Wyoming, running thence (here describe in general terms the points and courses thereof), and terminating at ....

All objections thereto must be filed in writing with the county clerk of said county before noon on the .... day of .... A.D., ...., or such road will be established without reference to such objections.

....

County Clerk

Dated .... A.D.".

Page 18-line 23 Delete "33‑13‑109(c)(iv)" insert "39‑13‑109(c)(iv)".

Page 21-after line 15 Insert:

"42‑4‑103. Authorized services and supplies.

(a) Services and supplies authorized for medical assistance under this chapter include:

(xxv) Hospice care as defined in W.S. 35‑2‑901(a)(xii) and authorized under ~~42 U.S.C. § 1396a(a)(10)(ii)(VII)~~ 42 U.S.C. § 1396a(a)(10)(A)(ii)(VII);". BUCHANAN, CHAIRMAN

SF0038HW001/ADOPTED (TO ENGROSSED COPY)

Page 2-line 1 After "35‑7‑1014(d)(xxxv)," insert "35‑17‑106(a)(vi) and (vii),".

Page 17-after line 18 Insert:

"35‑17‑106. Election to be covered by federal immunity.

(a) The state of Wyoming elects to be immediately covered by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, as of the effective date of this section for all health care professional review bodies as defined in the act, for the applicable division of the department of health in its duties under W.S. 33‑36‑101 through 33‑36‑115 related to emergency medical services and for:

(vi) The board of registration in podiatry, W.S. 33‑9‑101 through 33‑9‑113; ~~and~~

(vii) The board of chiropractic examiners, W.S. 33‑10‑101 through 33‑10‑117;. and". LUBNAU

3/5/2012 H Passed CoW

3/6/2012 H Passed 2nd Reading

3/7/2012 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Freeman, Gay, Gingery, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas, B., Patton, Peasley, Pedersen, Petersen, Petroff, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused: Representative(s) Barbuto, Buchanan, Esquibel, K. and Goggles

Ayes 56 Nays 0 Excused 4 Absent 0 Conflicts 0

3/7/2012 S Received for Concurrence

3/7/2012 S Did Concur

ROLL CALL

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

3/7/2012 Assigned Number SEA No. 0055

3/8/2012 S President Signed SEA No. 0055

3/8/2012 H Speaker Signed SEA No. 0055

3/15/2012 Governor Signed SEA No. 0055

3/16/2012 Assigned Chapter Number

Chapter No. 0098 Session Laws of Wyoming 2012