ADOPTED HOUSE AMENDMENTS

 

WEDNESDAY, FEBRUARY 13, 2013

 

SF0011HS001/AE

 

[TO ENGROSSED COPY]

 

Page 2-line 17                          Delete "a part-time magistrate" insert "one (1) or more part-time magistrates".

 

Page 2-line 21                          Delete "a part-time magistrate" insert "one (1) or more part-time magistrates".  GINGERY, CHAIRMAN

 

 

SF0028H2001/AE

 

[TO ENGROSSED COPY]

 

Page 1-line 11                          After "requirements;" insert "providing a definition;".

 

Page 2-line 4                            Delete "and"; insert ","; after "(iii)(D)" insert "and by creating a new paragraph (v) and renumbering (v) as (vi), 16-6-102(a)".

 

Page 2-line 5                            After "16-6-112(a)(intro)," insert "16-6-119,".

 

Page 2-line 6                            After "16-6-301(b)," insert "16-6-701(a)(ii) and (v), 16-6-702(a) and (b),".

 

Page 5-After line 17                 Insert:

 

                        "(v)  "Major maintenance" means the repair or replacement of complete or major portions of building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use, including for compliance with the Americans with Disabilities Act, and including installing fire suppression systems in residential facilities and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work;

 

                        (v)(vi)  "This act" means W.S. 16-6-101 through 16-6-121.

 

            16-6-102.  Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.

            (a)  If a contract is let by the state, any department thereof, or any county, city, town, school district, community college district or other public corporation of the state for the erection, construction, alteration or repair major maintenance or renovation of any public building, or other public structure, or for making any addition thereto, or for any public work or improvements, the contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state.  If advertisement for bids is required, the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder.".

 

Page 6-line 6                            Before "maintenance" insert "construction, major".

 

Page 6-line 7                            Strike "upkeep" insert "renovation".

 

Page 7-line 22                          Reinsert stricken "be constructed and maintained"; delete "use" insert "using".

 

Page 7-line 24                          After "renovation" insert "projects".

 

Page 8-lines 1 through 6                      Reinsert all stricken language and delete all new language.

 

Page 8-line 7                            Reinsert the stricken language through "differential of"; reinsert stricken "five percent".

 

Page 8-line 8                            Reinsert stricken "(5%)".

 

Page 8-line 12                          After stricken "products" insert "shall be allowed in cost of materials produced or manufactured in Wyoming"; reinsert stricken ".".

 

Page 9-After line 19                 Insert:

 

            "16-6-119.  State construction; right to reject bids or responses; qualifications of bidders and respondents.

 

Every state agency, board, commission, department or institution shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for the construction, major maintenance or renovation of a public project, facility or structure using standard forms and procedures adopted by the department of administration and information, and may recommend that the department of administration and information reject any or all bids or responses based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses.".

 

Page 11-After line 14   Insert:

 

 

            "16-6-701.  Definitions.

            (a)  As used in this act:

 

                        (ii)  "Contractor" means any person who is  a party to a contract with a public entity to construct, erect, alter, install or repair renovate or perform major maintenance of any highway, public building, public work or public improvement, structure or system;

 

                        (v)  "Alternate design and construction delivery method" means the delivery method described by any qualifications based procurement of design and construction services, including all procedures, actions, events, contractual relationships, obligations and forms of agreement for the successful completion of the design and construction, alteration or repair major maintenance or renovation of any public building, work, improvement, facility, structure or system other than by design, bid and build. Alternate design and construction delivery methods available to a public entity include construction manager agent, construction manager at risk or design-builder;

 

            16-6-702.  Public entity; contracts; partial payments; alternate delivery methods authorized.

 

            (a)  Notwithstanding W.S. 15-1-113(e), a public entity awarding a contract for the construction, alteration or repair major maintenance or renovation of any highway, public building, public work or public improvement, structure or system shall authorize partial payments of the amount due under the contract as stipulated in the contract document or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract.  No more than ten percent (10%) of the calculated value of any work completed shall be withheld until fifty percent (50%) of the work required by the contract has been performed.  Thereafter, the public entity may pay any of the remaining installments without retaining additional funds if, in the opinion of the public entity, satisfactory progress is being made in the work but under no condition shall more than ten percent (10%) be withheld on the remaining fifty percent (50%) of the work required.  The withheld percentage of the contract price of the work, improvement major maintenance, renovation or construction shall be retained in an account in the name of the contractor which has been assigned to the public entity until the contract is completed satisfactorily and finally accepted by the public entity. If the public entity finds that satisfactory progress is being made in all phases of the contract, it may, upon written request by the contractor, authorize payment from the withheld percentage.  Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.

 

            (b)  Alternate design and construction delivery methods may be used by a public entity to design, construct, alter, repair or maintain renovate or perform major maintenance of a public works projects.". GREEAR

 

 

 

 

 

SF0045H2001/AE

 

 

[TO ENGROSSED COPY]

 

Page 2-lines 8 through 10        Delete all new language.

 

Page 2-line 11                          Delete the line through "guardian.".  TEETERS, ZWONITZER, DV.

 

 

SF0053HS001/A

 

Page 2-line 1                            Delete "five (5) or more" insert "more than five (5)".

 

Page 2-line 16                          Delete "five (5) or more" insert "more than five (5)".

 

Page 3-line 16                          Delete "five (5) or more" insert "more than five (5)".  GINGERY, CHAIRMAN

 

 

SF0085H2001/AE

 

[TO ENGROSSED COPY]

 

Page 2-line 11                          In the standing committee amendment (SF0085HS001/AE) to this line, delete "not less than".  JAGGI

 

 

SF0114HS001/AE

 

[TO ENGROSSED COPY]

 

Page 1-Above line 1                            In the catch title, delete "Assault" insert "Aggravated assault and battery".

 

Page 1-line 2                            Delete "assault" insert "aggravated assault and battery".  GINGERY, CHAIRMAN

 

 

 

 

 

SF0117HW001/AE

 

 

[TO ENGROSSED COPY]

 

Delete the standing committee amendment (SF0117HS001/A) entirely.

Further amend as follows:

 

Page 1-line 2                            After "residence" insert "and other information identifying the residence".

 

Page 2-line 1                            Delete "identifying"; after "information" insert "identifying the residence of the victim of domestic abuse".

 

Page 2-line 2                            After "residence" insert "and other information identifying the residence".

 

Page 2-line 12                          Delete "identifying"; after "information" insert "identifying the residence".

 

Page 2-line 20                          Delete "identifying"; after "information" insert "identifying the residence".

 

Page 3-line 8                            Delete "identifying"; after "information" insert "identifying the residence of".

 

Page 3-line 13                          Delete "," insert "or"; delete "or country" insert "of the United States".

 

Page 5-line 1                            Delete "identifying"; after "information" insert "identifying the residence".

 

Page 5-line 2                            Delete "identifying"; after "information" insert "identifying the residence".

 

Page 5-line 11                          Delete "identifying"; after "information" insert "identifying the residence of the party".

 

Page 6-line 4                            Delete "identifying".

 

Page 6-line 5                            After "information" insert "identifying the residence of the victim of domestic abuse".

 

Page 6-line 6                            Delete "identifying"; after "information" insert "identifying the residence".

 

Page 7-line 2                            Delete "identifying"; after "information" insert "identifying the residence of the victim of domestic abuse".  GINGERY

 

 

SF0132H3001/A

 

Delete the Sommers et al. committee of the whole amendment (SF0132HW001/A) entirely.  LUBNAU, TEETERS

 

 

SF0159HW001/AE

 

[TO ENGROSSED COPY]

 

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

 

Page 1-line 8                            Delete "and" insert ","; after "(c)" insert "and by creating a new subsection (d)".

 

Page 2-line 8                            Delete "another person" insert "the person's immediate family"; strike "any" insert "the".

 

Page 2-After line 12                 Insert:

 

"(d)  For purposes of this section, "immediate family" means a spouse, parent, sibling, child or other person living in the person's household.".  STUBSON