HB0020 - Revisor's bill-2.

 

2001

State of Wyoming

01LSO-0230.E1 ENGROSSED

 

 

 

HOUSE BILL NO.  HB0020

 

 

Revisor's bill-2.

 

Sponsored by:  Management Council

 

 

A BILL

 

for

 

 1  AN ACT relating to a revision of inadvertent errors;
 2  correcting statutory references and language that were
 3  erroneously made to the statutes as a result of legislation
 4  previously adopted by the legislature; providing for
 5  application as specified; and providing for an effective
 6  date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 6-1-104(a)(vi)(H), 7-2-101(a)(iv)(J),
11  9-2-407(a), 9-2-408(a), 9-3-424(a), 9-4-713(g), 9-4-834(a),
12  21-3-111(a)(ii), 21-17-105(d)(intro), 22-24-112(b)(intro),
13  23-2-401(a), 39-13-108(e)(iii)(C), 39–14–105(b)(i)(A) and
14  (ii)(A), 39–14-111(e), 39-14-711(b)(ii) and
15  40-10-117(a)(xv) are amended to read:

16 

17         6-1-104.  Definitions.

 

Page  1

 

 

 

 1 

 2         (a)  As used in W.S. 6-1-101 through 6-10-203 unless
 3  otherwise defined:

 4 

 5              (vi)  "Peace officer" includes the following
 6  officers assigned to duty in the state of Wyoming:

 7 

 8                   (H)  Investigators employed by the Wyoming
 9  state board of outfitters and professional guides and
10  qualified pursuant to W.S. 9-1-701 through 9-1-707, when
11  enforcing W.S. 23-2-401 and 23-2-406 through 23-2-417
12  23-2-418 and board rules and regulations promulgated under
13  W.S. 23-2-410(a)(ii);

14 

15         7-2-101.  Definitions.

16 

17         (a)  As used in W.S. 7-2-101 through 7-2-105:

18 

19              (iv)  "Peace officer" means:

20 

21                   (J)  Investigators employed by the Wyoming
22  state board of outfitters and professional guides and
23  qualified pursuant to W.S. 9-1-701 through 9-1-707, when
24  enforcing W.S. 23-2-401 and 23-2-406 through 23-2-417

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 1  23-2-418 and board rules and regulations promulgated under
 2  W.S. 23-2-410(a)(ii);

 3 

 4         9-2-407.  Director; duties regarding public records in
 5  his custody.

 6 

 7         (a)  The director shall collect, arrange and make
 8  available to the public at reasonable times in his office
 9  in original form, copies or microfilm copies or negatives,
10  all records in his custody not restricted by law, including
11  official records of the state and its political
12  subdivisions, of the United States or of foreign nations.
13  He is the legal custodian of all public records in the
14  custody of the board Wyoming parks and cultural resources
15  commission.

16 

17         9-2-408.  Transfer of public records to archives or
18  other depository agency; transfer of records of
19  uncollectible accounts receivable to department; duties of
20  department thereto.

21 

22         (a)  All public records, not required in the current
23  operation of the office where they are made or kept, and
24  all records of every public office of the state, agency,

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 1  commission, committee or any other activity of the state or
 2  political subdivisions which are abolished or discontinued,
 3  shall be transferred to the state archives or to a
 4  recognized supplementary depository agency, selected by the
 5  board Wyoming parks and cultural resources commission. Any
 6  public officer in Wyoming may deliver to the director for
 7  preservation and administration records in his custody if
 8  the director is willing and able to receive and care for
 9  them.

10 

11         9-3-424.  Refund of contributions upon termination of
12  employment; procedure; redeposit; limitation on refund.

13 

14         (a)  Except as provided in subsection (b) of this
15  section, any member covered by this article, including an
16  at-will contract employee under W.S.
17  9-2-1022(a)(ix)(F)(III) 9-2-1022(a)(xi)(F)(III) or (IV),
18  who terminates his employment or any employee of the
19  agricultural extension service of the University of Wyoming
20  who has not elected to continue to be covered by this
21  article is entitled to a refund of his account. In
22  addition, any member who is entitled to a refund who is an
23  at-will contract employee under W.S.
24  9-2-1022(a)(ix)(F)(III) 9-2-1022(a)(xi)(F)(III), shall be

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 1  entitled to a refund of all contributions made to his
 2  account plus any employer matching contributions made by
 3  that member. In addition, any member who is entitled to a
 4  refund who is an at-will contract employee under W.S.
 5  9-2-1022(a)(ix)(F)(IV) 9-2-1022(a)(xi)(F)(IV), shall be
 6  entitled to a refund of all contributions made to his
 7  account including any employer matching contributions made
 8  by that member. The refunds shall be made only upon written
 9  request to the board. Any member who withdraws from the
10  system under this section shall forfeit all rights to
11  further benefits, employer matching contributions and
12  service credit under the system. Any person who later
13  returns to service covered by this article may redeposit
14  the amount of the contributions withdrawn, in lump sum,
15  together with regular interest, and upon earning not less
16  than two (2) years service credit, may reestablish his
17  service credits as of the time of withdrawal of his
18  contributions. Any redeposit payment pursuant to this
19  subsection shall be made not later than seven (7) years
20  following the date of reemployment or prior to retirement,
21  whichever first occurs.

22 

23         9-4-713.  Investment earnings spending policy -
24  permanent funds.

 

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 1 

 2         (g)  There is annually appropriated from the general
 3  fund to the common school permanent fund reserve account an
 4  amount determined under this subsection. The amount shall
 5  be computed and calculated by the state treasurer. The
 6  amount shall be equal to the extent to which earnings from
 7  the common school account within the permanent land fund
 8  under W.S. 9-4-204(k) exceed the spending policy
 9  established in subsection (g) (h) of this section for that
10  fiscal year. The appropriation shall be credited to the
11  fund account as soon as practicable after the end of the
12  fiscal year but no later than ninety (90) days after the
13  end of the fiscal year.

14 

15         9-4-834.  Investment of permanent funds.

16 

17         (a)  To the extent constitutionally allowed, the state
18  treasurer, or his designee, which shall be registered under
19  the Investment Advisor's Act of 1940 as amended, or any
20  bank as defined in the act, upon written authority, may
21  invest monies in the permanent fund accounts, in securities
22  authorized by law, provided not more than fifty-five
23  percent (55%) shall be invested in common stocks. As used
24  in this section, "permanent fund accounts" means the

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 1  permanent Wyoming mineral trust fund under W.S.
 2  9-4-204(a)(xi) and the permanent land fund under W.S.
 3  9-4-204(ix) 9-4-204(a)(ix), including revenues credited to
 4  that fund under W.S. 9-4-605(j), and the reserve accounts
 5  created under W.S. 9-4-713(b) and (f).

 6 

 7         21-3-111.  Powers of boards of trustees.

 8 

 9         (a)  The board of trustees in each school district
10  within the state may:

11 

12              (ii)  Acquire, hold, convey, lease, rent, and
13  manage property, real and personal, for the benefit of the
14  school district in the name by which the district is
15  designated, either alone or jointly with another public or
16  private agency, institution, person, or corporation. This
17  includes capital leasing under W.S. 21-15-113 21-15-112;

18 

19         21-17-105.  Tuition to be as nearly free as possible;
20  number, qualifications and selection of tuition-free
21  students; reciprocal residency.

22 

 

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 1         (d)  Any person including the spouse and any child of
 2  that person shall qualify as a resident for purposes of
 3  tuition at the university and at community colleges if:

 4 

 5         22-24-112.  Petitions; circulation; contests.

 6 

 7         (b)  Any person may contest the qualifications of an
 8  individual designated as a circulator by filing a petition
 9  in the justice of the peace court or county circuit court
10  within the county where the circulator was soliciting
11  signatures or in the district court within ten (10) days of
12  the solicitation activity. The court shall hear and decide
13  any such action within five (5) days from the date the
14  petition is filed. Among the criteria the court may use in
15  determining the qualifications of the circulator are the
16  following:

17 

18         23-2-401.  Guides required; exceptions; issuance of
19  resident guide license.

20 

21         (a)  Except as provided under subsection (d) of this
22  section, No nonresident shall hunt big or trophy game
23  animals on any designated wilderness area, as defined by
24  federal or state law, in this state unless accompanied by a

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 1  licensed professional guide or a resident guide. There
 2  shall be at least one (1) licensed professional guide or
 3  resident guide accompanying each two (2) nonresident
 4  hunters. The commission may also specify other areas of the
 5  state, or specific big or trophy game species, for which a
 6  licensed professional or resident guide is required for
 7  nonresidents, for purposes of proper game management,
 8  protection of hunter welfare and safety, or better
 9  enforcement of game and fish laws. The commission may allow
10  licensed guides to accompany more than two (2) hunters but
11  no more than six (6) hunters in specific areas.

12 

13         39-13-108.  Enforcement.

14 

15         (e)  Tax sales.  The following shall apply:

16 

17              (iii)  The following shall apply to the time and
18  place of sale, the purchasers, unsold property and the
19  certificate of purchase:

20 

21                   (C)  Following completion of the sale the
22  county treasurer upon payment of the fee provided by
23  subparagraph (ix)(C) (ix)(B) of this subsection shall make
24  out, sign and deliver a certificate of purchase to the

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 1  purchaser, or to the county in the event real property was
 2  bid in for the county without fee. The certificate of
 3  purchase shall describe the real property purchased, taxes
 4  and costs paid and shall state the amount of any special
 5  assessments for local or public improvements. Certificates
 6  of purchase may be assigned by endorsement and assignment
 7  vests all right and title of the original purchaser in the
 8  assignee or his legal representatives. The county treasurer
 9  shall also note in the margin of the delinquent tax roll
10  the certificate of purchase number and the amount for which
11  the property was sold;

12 

13         39-14-105.  Exemptions.

14 

15         (b)  Notwithstanding W.S. 39-14-104 and effective
16  January 1, 1999, when the application of taxes under W.S.
17  39-14-104 results in a tax on a ton of surface mined coal
18  in excess of sixty cents ($.60), or thirty cents ($.30) on
19  a ton of underground mined coal, the coal is exempt from
20  the tax which exceeds the maximum amount per ton. This
21  exemption shall be applicable to:

22 

23              (i)  New agreements entered into between March
24  31, 1987, and December 31, 2003, if:

 

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 1 

 2                   (A)  The application of the taxes in W.S.
 3  39-14-104 results in a tax on a ton of surface mined coal
 4  in excess of eighty cents ($.80) sixty cents ($.60), or
 5  thirty cents ($.30) on a ton of underground mined coal at
 6  the time the agreement is entered and the coal is first
 7  produced under the agreement;

 8 

 9              (ii)  New agreements entered into between January
10  1, 1987, and December 31, 2003, to supply coal to a
11  facility in the planning stage or under construction at the
12  time the new agreement is entered if:

13 

14                   (A)  The application of the taxes in W.S.
15  39-14-104 results in a tax on a ton of surface mined coal
16  in excess of eighty cents ($.80) sixty cents ($.60), or
17  thirty cents ($.30) on a ton of underground mined coal at
18  the time the agreement is entered and the coal is first
19  produced under the agreement;

20 

21         39-14-111.  Distribution.

22 

23         (e)  If the cumulative taxes levied against
24  coal in this section do not exceed eighty cents ($.80)

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 1  sixty cents ($.60) per ton of surface mined coal, or thirty
 2  cents ($.30) per ton of underground mined coal, the tax
 3  proceeds shall be distributed in the manner provided in
 4  this section. If the cumulative taxes in this section
 5  exceed eighty cents ($.80) sixty cents ($.60) per ton of
 6  surface mined coal, or thirty cents ($.30) per ton of
 7  underground mined coal, so that the eighty cent ($.80) per
 8  ton limit imposed by W.S. 39-14-105(b) becomes operative,
 9  an amount equal to one and one-half percent (1.5%) of the
10  value of the gross product of coal extracted shall be
11  deducted from the total tax proceeds for deposit in the
12  permanent mineral trust fund and the remaining proceeds
13  shall be distributed on a pro rata basis for the purposes
14  specified in this section and any other applicable law.

15 

16         39-14-711.  Distribution.

17 

18         (b)  All payments received pursuant to W.S.
19  39-14-707(b)(iii) shall be transferred to an account of the
20  trust and agency fund. The monies in this account shall be
21  invested or deposited in accordance with W.S. 9-4-701
22  through 9-4-831, and any interest earned shall be credited
23  to the general fund. The revenue under W.S.
24  39-14-707(b)(iii) shall be distributed in accordance with

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 1  this section, subject to the following and except as
 2  otherwise provided by law for fiscal year 1994:

 3 

 4              (ii)  Revenues which are earned and received
 5  during the first three (3) calendar quarters of the fiscal
 6  year shall be distributed within the first ten (10) fifteen
 7  (15) days of October, January and April. For the last
 8  quarter of each fiscal year, revenues earned or received
 9  shall be distributed not later than June 30. In computing
10  distributions for the last quarter, the state treasurer
11  shall use the most recent consensus revenue estimating
12  group estimates to the extent that earnings cannot be
13  determined by June 30. Not later than September 15, the
14  state treasurer shall compute the actual earnings for the
15  last quarter of the preceding fiscal year and make
16  adjustments to the October distributions in an amount equal
17  to the difference between revenues earned and actual
18  distributions for the preceding fiscal year.

19 

20         40-10-117.  Definitions.

21 

22         (a)  When used in this act:

23 

 

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 1              (xv)  "This act" means W.S. 40-10-117 through
 2  40-10-135 40-10-136.

 3 

 4         Section 2.  Any other act adopted by the Wyoming
 5  legislature during the same session in which this act is
 6  adopted shall be given precedence and shall prevail over
 7  the amendments in this act to the extent that such acts are
 8  in conflict with this act.

 9 

10         Section 3.  This act is effective immediately upon
11  completion of all acts necessary for a bill to become law
12  as provided by Article 4, Section 8 of the Wyoming
13  Constitution.

14 

15                         (END)

 

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