|
H.B.
No. 0040 |
Revisor's
bill. |
Sponsored By: Management Council
AN
ACT relating to a revision of inadvertent errors; correcting statutory
references and language that were erroneously made to the statutes as a result
of legislation previously adopted by the legislature; providing for application
as specified; and providing for an effective date.
12/17/2004 Bill Number Assigned
1/11/2005 H Received for Introduction
1/11/2005 H Introduced and Referred to H12
1/17/2005 H12 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Cohee, Illoway,
Luthi, Martin, Osborn, Philp, Reese, Robinson, Thompson and Wasserburger
Excused:
Representative(s) Anderson, R. and Simpson
Ayes 11 Nays 0 Excused
2 Absent 0 Conflicts 0
1/17/2005 H Placed on General File
HB0040HS001/ADOPTED
Page 1-line 10 After
"9-3-415(a)(intro)," insert "9-4-1202(b)(ii),".
Page 1-line 13 After
"35-7-1002(a)(xiv)" insert ", 39-16-203(a)(i)(F)(intro)".
Page 2-after
line 3 Insert:
"9‑4‑1202. Requirements.
(b) A tobacco product manufacturer that places
funds into escrow pursuant to paragraph (a)(ii) of this section shall receive
the interest or other appreciation on such funds as earned. Such funds themselves shall be released from
escrow only under the following circumstances:
(ii) To the extent that a tobacco product manufacturer establishes
that the amount it was required to place into escrow on account of units sold
in the state in a particular year was greater than the master settlement
agreement payments, as determined pursuant to section IX(I) IX(i)
of that agreement including after final determination of all adjustments, that
such manufacturer would have been required to make on account of such units
sold had it been a participating manufacturer, the excess shall be released
from escrow and revert back to such tobacco product manufacturer; or".
Page 8-after line 2 Insert:
"39‑16‑203. Imposition.
(a) Taxable event. The following shall apply:
(i) The following provisions apply to imposition of the general
purpose excise tax under W.S. 39‑16‑204(a)(i):
(F) In lieu of the requirements of subparagraph
(C) of this paragraph providing for the submission of the proposition at
subsequent elections, the tax authorized under W.S. 39‑15‑204(a)(i) 39-16-204(a)(i) may be continued subject to the
following terms and conditions:".
LUTHI, CHAIRMAN
HB0040HW001/ADOPTED
Page 4-line 19 Strike
"such" insert "the".
Page 5-line 1 Strike "such
an" insert "the".
Page 5-line 2 Strike
"such" insert "the".
Page 5-line 8 Strike
"such" insert "the".
Page 5-line 11 Strike
"such" insert "the".
Page 5-line 17 Strike
"such" insert "the".
Page 5-line 19 Strike
"such" insert "the".
Page 5-line 20 Before
"interest" strike "such" insert "the"; after "from" strike
"such" insert "the".
Page 6-line 10 Strike
"such".
Page 6-line 11 Strike
"such".
Page 6-line 14 Strike
"such" insert "the". ROBINSON
1/18/2005 H Passed CoW
1/19/2005 H Passed 2nd Reading
1/20/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Davison,
Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons,
Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon,
Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Osborn,
Pedersen, Petersen, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek,
Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, White and Zwonitzer.
Excused:
Representative(s) Brown, Jackson, Olsen, Philp and Watt.
Ayes 55 Nays 0 Excused
5 Absent 0 Conflicts 0
1/24/2005 S Received for Introduction
1/27/2005 S Introduced and Referred to S12
2/24/2005 S12 Recommended Do Pass
ROLL CALL
Ayes:
Senator(s) Hines, Job, Larson, Mockler and Schiffer
Ayes 5 Nays 0 Excused
0 Absent 0 Conflicts 0
2/24/2005 S Placed on General File
HB0040SW001/ADOPTED (TO ENGROSSED COPY)
Page 12-after line 2 Insert and renumber:
"Section 4. Notwithstanding section 3 of this act,
W.S. 21‑16‑1003(a)(vii)(A) as enacted by the 2005 legislature by
House Enrolled Act 64, being original House Bill 0227, is amended to read:
21‑16‑1003. Athletics
challenge matching program; state treasurer to administer program account;
matching payments; conditions; annual reports; reversion of appropriations.
(a) The state treasurer shall administer the university
athletics challenge account established under this article. The following shall apply:
(vii) There
is created within the university athletics challenge account an account called
the challenge eight account.
Notwithstanding the minimum contribution requirement under W.S. 21‑16‑1001(a)(ii),
donations to the challenge eight account shall be deemed qualifying
contributions for purposes of this act subject to the following:
(A) The purpose of the challenge eight account is to
provide an opportunity for any person to contribute to a fund in honor of the
eight (8) University of Wyoming student athletes who lost their lives on
September 13 16,
2001. Funds deposited in the challenge
eight account shall be used exclusively to improve or develop university track
and field facilities toward a goal of providing a venue suitable for hosting
conference championships and with appropriate recognition of the eight (8) student
athletes;".
Page 12-line 4 Delete "4"
insert "5".
Renumber as
necessary. HINES
HB0040SW002/ADOPTED (TO ENGROSSED COPY)
Page 12-After line 2 Insert and renumber:
"Section 4. Notwithstanding section 3 of this act,
Section 1(a)(v) as enacted by the 2005 legislature by House Enrolled Act 44,
being original House Bill 0275, is amended to read:
Section 1.
(a) There
is appropriated fifty thousand dollars ($50,000.00) from the general fund to
the department of health to conduct a methamphetamine initiative planning
study. The department shall:
(v) Examine the existing capacity and procedures for
conducting and completing substance abuse evaluations ordered for
methamphetamine use, abuse or distribution under W.S. 7‑13‑1032 7-13-1302,
including the number of qualified evaluators available and conducting
evaluations in the state, the costs associated with the evaluations and any
recommendations to improve the capacity, quality, efficiency and effectiveness
of the evaluation process, as necessary.".
Page 12-line 4 Delete
"4." insert "5.".
Renumber as
necessary. MOCKLER, SCHIFFER
2/25/2005 S Passed CoW
HB0040S2001/ADOPTED (TO ENGROSSED COPY)
Page 12-after line 2 Insert and renumber:
"Section
4. Notwithstanding section 3 of
this act, W.S. 36-8-1401(d) as enacted by the 2005 legislature by Senate
Enrolled Act 80, being original Senate File 0162, is amended to read:
36‑8‑1401. Historic
mine trail and byway commission; created; membership; legislative advisory
members; quorum; compensation.
(d) Legislative advisory
members of the commission shall receive salary, per diem and travel in the
manner and amounts specified under W.S. 28‑5‑101, for attending
commission meetings. The commission
member representing the business council shall be paid per diem in accordance
with W.S. 9‑12‑102(b) 9-12-103(b) when conducting official commission
business.".
Page 12-line 4 Delete "4"
insert "5". MOCKLER,
SCHIFFER
HB0040S2002/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 12–after line 2 Insert and renumber:
"Section 4. Notwithstanding
section 3 of this act, W.S. 34‑1‑201(b)(iv) as enacted by the 2005
legislature by Senate Enrolled Act 66, being original Senate File 0149, is
amended to read:
34‑1‑201. Short title; definitions.
(b) As used in this article, unless the context requires otherwise:
(iv) "This act" means W.S. 34‑1‑201 through 34‑1‑206 34‑1‑207.".
Page 12–line 4 Delete "4"
insert "5". MOCKLER,
SCHIFFER
2/28/2005 S Passed 2nd Reading
HB0040S3001/ADOPTED (TO ENGROSSED COPY)
Page 12-after line 2 Insert and renumber:
"Section
4. Notwithstanding section 3 of
this act, Section 045, footnote 2 as enacted by the 2005 legislature by Senate
Enrolled Act 90, being original Senate File 0001, is amended to read:
2. The department shall
provide a detailed history and comparative analysis of the revenue received and
expenditures incurred by the department for the manufacture and distribution of
state license plates including both the embossed and flat plate designs. The report shall also include a review of
contracts associated with the design of the plate and any patents or corporate
parameters required for the manufacture and design of the plates. The report shall be submitted to the joint
transportation, highways and military affairs interim committee on or before
September 1, 2006 2005.".
Page 12-line 4 Delete
"4" insert "5".
Renumber as necessary.
MOCKLER
HB0040S3002/ADOPTED (TO ENGROSSED COPY)
Page 12-after line 2 Insert and renumber:
"Section 4. Notwithstanding
section 3 of this act, W.S. 35-7-1059(h) as created by the 2005 legislature in
House Bill 0293, if enacted into law, is amended to read:
35-7-1059. Unlawful
clandestine laboratory operations; methamphetamine precursors; presumptively
illegal amount; methamphetamine precursor sales limitations; registration
requirements; reports; penalties.
(h) No person shall sell
in a single retail transaction more than two (2) packages as described in
subsection (f) (g) of this section.".
Page 12-line 4 Delete "4"
insert "5".
Renumber as
necessary. MOCKLER
HB0040S3003/ADOPTED (TO ENGROSSED COPY)
Page 12–after line 2 Insert and renumber:
"Section 4. Notwithstanding
section 3 of this act, W.S. 31-7-110(k) as enacted by the 2005 legislature by
Senate Enrolled Act 91, being original Senate File 0014, is amended to read:
31-7-110. Instruction and temporary driver's permits.
(k) The
division shall suspend for a period of thirty (30) days the intermediate
operating permit of any person violating any provision of subsection (h) or (j)
of this section. Records of convictions or license suspensions under this subsection (k) of
this section shall not be made a part of the abstracts or records
kept by the department of transportation pursuant to W.S. 31‑5‑1214
or 31‑7‑120. Any records
maintained by the department for administration of this subsection shall be
maintained separately and shall not be available for public inspection except
for inspection by any law enforcement officer or agency to enforce the
provisions of this section. Any
driver's license suspension or related records under this subsection (k) of this section
shall not be the basis for any increase in insurance premiums or the
cancellation of any insurance policy for a minor or his parents affected by
this subsection.".
Renumber as
necessary. MOCKLER
3/1/2005 S Passed 3rd Reading
ROLL CALL
Ayes:
Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe,
Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson,
Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Scott,
Sessions, Townsend, Vasey and Von Flatern.
Ayes 30 Nays 0 Excused
0 Absent 0 Conflicts 0
3/2/2005 H Did Not Concur
ROLL CALL
Ayes:
Representative(s) Lockhart
Nays: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee,
Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman,
Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones,
Landon, Latta, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen,
Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson, Samuelson,
Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and
Zwonitzer.
Excused:
Representative(s) Jorgensen and Reese.
Ayes 1 Nays 57 Excused
2 Absent 0 Conflicts 0
3/2/2005 H Appointed JCC01 Members
Representative(s) Cohee, Diercks and
Hinckley
3/2/2005 S Appointed JCC01 Members
Senator(s) Mockler, Schiffer and
Larson
3/3/2005 H Adopted HB0040JC01
ROLL CALL
AYES: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger,
Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards,
Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey,
Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lockhart,
Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen,
Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson,
Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
EXCUSED: Representative(s) Jorgensen.
Ayes 59 Nays 0 Excused 1 Absent 0 Conflict
0
3/3/2005 S Adopted HB0040JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso,
Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings,
Job, Johnson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer,
Scott, Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Larson
Ayes 29 Nays 1 Excused
0 Absent 0 Conflicts 0
HB0040JC01/AA ADOPTED
(TO ENGROSSED COPY)
Adopt the
following Senate amendments:
HB0040S2001/AE
HB0040S2002/ACE
HB0040S3001/AE
HB0040S3002/AE
HB0040S3003/AE
HB0040SW001/AE
HB0040SW002/AE
Further amend the
ENGROSSED COPY as follows:
Page 12–after line 2 Insert and renumber:
"Section 4. Notwithstanding
section 3 of this act, W.S. 9-2-2501(a) as amended by 2005 House Enrolled Act
112, being original House Bill 0290 shall not be effective and W.S. 9-2-2501(a)
shall be repealed as provided by 2005 Senate Enrolled Act 75, being original
Senate File 0156.
Section 5. Notwithstanding section 3 of this
act, W.S. 35-7-1059(k) and (m)(i), as enacted by the 2005 legislature by House
Enrolled Act 133, being original House Bill 0293, is amended to read:
35‑7‑1059. Unlawful clandestine laboratory operations; methamphetamine
precursors; presumptively illegal amount; methamphetamine precursor sales
limitations; registration requirements; reports; penalties.
(k) A person who intentionally or knowingly violates
subsection (g), (h) or (j) of this section is guilty of a misdemeanor
punishable by a fine of one hundred dollars ($100.00) for a first offense, five
hundred dollars ($500.00) for a second offense within two (2) years and one
thousand dollars ($1,000.00) and up to six (6) months imprisonment, or both,
for a third offense within three (3) years.
It shall be a defense to violation under
paragraph (g)(ii) of this section that the person making the sale required and
obtained proof of age from a purchaser who produced a false, forged or altered
document that an ordinarily prudent person would believe to be legitimate.
(m) A resident or
nonresident retailer, manufacturer or wholesaler who distributes ephedrine,
pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of
isomers in Wyoming shall:
(i) Register with the
board by submitting an application on a form prescribed by the board and pay a
registration fee of twenty-five dollars ($25.00). Where the retailer, manufacturer or wholesaler distributions are
conducted at more than one (1) location, each location shall be separately
registered. Except as provided in
subsection (m) (n) of this section, those facilities registered
with the board under W.S. 35‑7‑1024 on July 1, 2005, shall not be
required to register under this section;".
Renumber as
necessary.
COHEE, DIERCKS, HINCKLEY, MOCKLER,
3/3/2005 Assigned Number HEA No. 0135
3/3/2005 H Speaker Signed HEA No. 0135
3/3/2005 S President Signed HEA No. 0135
3/10/2005 Governor Signed HEA No. 0135
3/10/2005 Assigned Chapter Number
Chapter No. 0230 Session Laws of Wyoming 2005.