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
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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
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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