|
S.F. No. 0085 |
Natural gas
pipeline authority. |
Sponsored
By: Senator(s) Hawks and Representative(s)
Law
AN ACT
relating to the natural gas pipeline authority; modifying powers of the
authority; granting additional bonding authority and otherwise modifying
bonding authority; modifying legislative findings; repealing certain
restrictions on powers of the authority; making conforming amendments; and
providing for an effective date.
1/16/2003 Bill Number Assigned
1/17/2003 S Received for Introduction
1/17/2003 S Introduced and Referred to S09
1/27/2003 S09 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Barrasso, Coe, Decaria and Hawks
Nays: Senator(s) Mockler
Ayes 4 Nays 1 Excused 0
Absent 0 Conflicts 0
1/27/2003 S Placed on General File
1/28/2003 S Amendments Considered
SF0085SS001/A ADOPTED
Page 1-line 6 After
"amendments;" insert "adding enforcement, penalty and
confidentiality provisions;".
Page 1-line 10 Delete
"is" insert "through 37-5-110 are".
Page 2-line 12 Delete
"37-5-107" insert "37-5-110".
Page 2-after line 12 Insert:
"37-5-108. Subpoena.
(a) For the purpose of any investigation
or proceeding under this act, the authority or any officer designated by it may
administer oaths and affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any books, papers, correspondence,
memoranda, agreements or other documents or records which the authority deems
relevant or material to the inquiry.
(b) In case of contumacy by, or refusal to
obey a subpoena issued to, any person, the Wyoming district court, upon
application by the authority, may issue to the person an order requiring him to
appear before the authority or the officer designated by it, there to produce
documentary evidence if so ordered or to give evidence touching the matter
under investigation or in question. Failure to obey the order of the court may
be punished by the court as a contempt of court.
37-5-109. False statement; penalty.
Any person who willfully makes
a statement knowing the statement made to be false or misleading in any
material respect, shall upon conviction be fined not more than five thousand
dollars ($5,000.00) or imprisoned not more than three (3) years, or both.
37-5-110.
Confidential information.
All information obtained by the
authority in connection with any hearing or investigation under this act which
contains or which might reveal proprietary data shall be considered as
confidential for the purpose of this act.
The authority shall not disclose confidential information without prior
consent from the owner of the confidential information.".
Page 12-line 24 Strike
"shall" insert "may".
Page 13-after line 20 Insert:
"(c)
If the board determines that no need exists, net revenues derived under
this chapter shall be paid to the state treasurer for credit to the state
general fund.".
Page 20-line 2 Delete "board"
insert "authority".
Page 20-line 10 Delete "board" insert
"authority".
Page 21-line 13 Strike
"37-5-106" insert "37-5-110".
HAWKS,
CHAIRMAN
SF0085SW001/F FAILED
Page 21-line 3 After
"exceed" strike the balance of the line.
Page 21-line 4 Strike
"W.S. 37-5-203(a), and the" insert "twenty-five percent (25%)
of the amount of any single bond issue by the authority, and not to exceed a
total amount of two hundred fifty million dollars ($250,000,000.00) invested in
all outstanding bonds of the authority.
The". MOCKLER
SF0085SW003/F FAILED
Page 1-line 2 After
"authority;" insert "specifying certain requirements prior to
the authority undertaking specified activities;".
Page 1-line 10 In
the Senate Standing Committee Amendment (SF0085SS001/A) to this line delete
"37-5-108" insert "37-5-111".
Page 2-line 12 In
Senate Standing Committee Amendment (SF0085SS01/A) to this line, delete
"37-5-110" insert "37-5-111".
Page 2-after line 12 Insert
and renumber:
"37-5-111. Legislative approval.
(a) Notwithstanding any other provision of this
act, the authority shall not construct, develop, acquire, maintain or operate
any pipeline system until the provisions of this section are met. The authority shall first report the
proposed project to the joint minerals, business and economic development
interim committee. The committee shall report the proposal to the legislature
prior to the next legislative session.
The authority shall not undertake the project until after adjournment of
that legislative session. Nothing in
this section shall apply to or in any manner limit the power of the authority
to:
(i) Plan or finance any pipeline
system under this act;
(ii)
Purchase capacity in any pipeline system or issue bonds for the purposes
of purchasing capacity in any natural gas pipeline system; or
(iii) Take any action authorized
under article 2 of this chapter.".
Page 21-line 13 In the Senate Standing Committee Amendment
(SF0085SS01/A)
delete "37-5-110" insert "37-5-111". MOCKLER
SF0085SW004/F FAILED
Page 1-line 2 After
"modifying" insert "and restricting certain".
Page 2-line 15 After
"(iv)" insert ", (viii)".
Page 4-line 7 After
"plan" strike "," insert "and"; after
"finance" strike the balance of the line.
Page 4-line 8 Strike
"operate".
Page 4-line 18 After
"government." strike the balance of the line.
Page 4-lines 19 through 24 Strike.
Page 5-lines 1 through 4 Strike
and delete.
Page 5-line 16 Strike
"the use of".
Page 5-line 17 Strike
"the facilities of the authority"; delete ",including".
Page 6-lines 1 through 24 Delete.
Page 7-lines 1 through 16 Delete.
Page 7-line 24 After
"this state." delete the balance of the line.
Page 8-lines 1 and 2 Delete.
Page 8-line 9 After
"Plan" strike "," insert "and"; after
"finance" strike the balance of the line.
Page 8-line 10 Strike
"maintain and operate".
Page 8-after line 16 Insert:
"(viii) Establish and
charge reasonable fees, rates, tariffs, or other charges for the use of all
facilities administered by it and for all services rendered by it;".
Page 13-line 2 Strike "after
providing".
Page 13-line 3 Strike.
Page 13-line 4 Strike "system
and".
Page 16-line 6 After "section."
strike balance of the line.
Page 16-line 7 Strike.
Page 16-line 8 Strike "granted by
this act."
Page 22-line 7 After
"W.S." insert "37-5-102(d), 37-5-103(a)(v), (vii) and (ix),
37-5-104(g),". MOCKLER
1/28/2003 S Passed CoW
1/29/2003 S Amendments Considered
SF0085S2001/F FAILED
Page 7-line 12 After
"provided." delete balance of line.
Page 7-lines 13 through 16 Delete. MOCKLER
1/29/2003 S Passed 2nd Reading
1/30/2003 S Amendments Considered
SF0085S3001/A ADOPTED
Page 1-line 6 Before
"and providing" insert "providing an appropriation; authorizing
positions;".
Page 22-After line 8 Insert
and renumber:
"Section
4. Two hundred seventy-nine thousand five hundred dollars ($279,500.00)
is appropriated from the general fund to the Wyoming natural gas pipeline
authority for three (3) full-time equivalent positions and operating expenses
incurred by the authority through June 30, 2004.".
Page 22-line 10 Delete "4" insert "5". SCHIFFER, DECARIA
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Burns, Caller, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks, Hines, Job,
Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott,
Sessions and Vasey.
Nays: Senator(s) Case, Cathcart and Goodenough.
Ayes 27 Nays 3 Excused 0
Absent 0 Conflicts 0
SF0085S3002/A ADOPTED
Page 21-line 2 After
"amount" insert "approved by the state loan and investment
board pursuant to W.S. 9-4-711(a)(iv) and". MOCKLER
SF0085S3003/AC (CORRECTED COPY) ADOPTED
Page 8-line 22 After
"(xi)" insert "Work in consultation and coordination
with the Wyoming energy commission and the Wyoming business council to develop,
promote and". MOCKLER
1/30/2003 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks,
Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts,
Scott, Sessions and Vasey.
Nays: Senator(s) Case, Goodenough and Schiffer.
Ayes 27 Nays 3 Excused 0
Absent 0 Conflicts 0
1/31/2003 H Received for Introduction
2/4/2003 H Introduced and Referred to H09
2/13/2003 H09 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Childers, Cooper,
Esquibel, Illoway, Latta, Law, Meyer, Miller, D. and Walsh
Ayes 9 Nays 0 Excused 0
Absent 0 Conflicts 0
2/13/2003 H Placed on General File
2/18/2003 H Rereferred to H02
2/21/2003 H02 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Jones, Jorgensen,
Nicholas, Philp and Tipton
Nays: Representative(s) Reese
Excused: Representative(s) Meuli
Ayes 5 Nays 1 Excused 1
Absent 0 Conflicts 0
2/21/2003 H Placed on General File
2/26/2003 H Amendments Considered
SF0085HS001/AE (TO ENGROSSED COPY) ADOPTED
Page 3-after line 12 Insert:
"(c) In
consideration of the authority's request pursuant to subsection (b) of this
section, the Wyoming district court shall review the request in camera to
protect the confidentiality of the information sought. The Wyoming district court may also restrict
disclosure of any confidential information in any other proceeding,
administrative or judicial, and may order that the information be
sealed.".
Page 4-line 5 After
"information" insert "to any person, governmental entity or
agency".
Page 4-line 6 After
"prior" insert "written".
Page 4-line 7 After
"information." insert "Any board or staff member who discloses
or causes to be disclosed any confidential information is guilty of a
misdemeanor punishable by imprisonment for not more than one (1) year, a fine
of not more than one thousand dollars ($1,000.00), or both.".
Page 8-line 10 Strike
"thirty (30)" insert "one hundred twenty (120)".
Page 8-line 19 Strike
"ninety (90)" insert "one hundred eighty (180)".
Page 8-line 22 After
"contemplated." Insert "A private person, firm or corporation
that proceeds to acquire any federal, state, local or private permits,
certificates or other authorizations or approvals necessary to perform the
acts, construct the facilities or provide the services pursuant to this
subsection within the time required is deemed to have commenced the same.".
Page 10-line 17 After
"with" insert ", but not limited to,".
Page 17-line 23 Strike
"shall" insert "may"; strike "at least
partially"; after "within" insert "or without the state
of". LAW, CHAIRMAN.
SF0085HS002/AE (TO ENGROSSED COPY) ADOPTED
Page 1-line 7 Delete
"an appropriation" insert "for a loan to the authority".
Page 1-line 8 Delete
"authorizing positions;" insert "providing for repayment of the
loan;".
Page 24-lines 11 through 15 Delete
entirely and insert:
"Section
4. The state treasurer is
authorized to loan from the general fund to the Wyoming natural gas pipeline
authority, two hundred seventy-nine thousand five hundred dollars ($279,500.00)
for operating expenses of the authority, including expenses for staff hired by
the authority. Monies loaned to the
authority under this section shall be repaid to the general fund at such time
and manner as the authority determines it has sufficient revenues to repay the
monies after operating expenses are met, but the funds shall be repaid in any
event not later than June 30, 2008. A
loan agreement shall be prepared and approved by the attorney general before
distribution of loan proceeds.".
NICHOLAS, CHAIRMAN
SF0085HW001/AE (TO ENGROSSED COPY) ADOPTED
Page 1-line 8 Before
"and" insert "specifying severability of provisions relating to
the natural gas pipeline authority;"
Page 1-line 12 Delete
"37-5-110" insert "37-5-109".
Page 2-line 15 Delete
"37-5-110" insert "37-5-109".
Page 3-lines 14 through 20 Delete.
Page 3-line 22 Delete
"37-5-110" insert "37-5-109".
Page 4-line 11 After
"(xiii)" insert "and by creating a new subsection (b)".
Page 4-line 17 After
"37-5-208(a)" insert "and by creating a new subsection
(g)".
Page 8-line 22 In
the first standing committee amendment (SF0085HS001/AE) to this line delete
"proceeds" insert "has made necessary applications".
Page 11-after line 5 Insert:
"(b)
The sole recourse of any party contracting with the authority shall be
against the authority and there shall be no cause of action against the state,
or any county, municipality or other political subdivision of the state.".
Page 23-line 3 Delete
"and".
Page 23-line 4 Strike
the line through "general".
Page 23-line 5 Strike
", and" insert ".".
Page 24-after line 6 Insert:
"(g)
The sole recourse of any party contracting with the authority shall be
against the authority and there shall be no cause of action against the state,
or any county, municipality or other political subdivision of the state.".
Page 24-lines 11 through 15 In
the second standing committee amendment (SF0085HS002/AE) to these lines; in
section 4 created by that amendment, after "shall be repaid" insert
", with interest at an annual rate set by the state loan and investment
board of not more than four percent (4%),".
Page 24-before line 17 Insert:
"Section
5. W.S. 37-5-101 through 37-5-208 shall be liberally construed so as
to effectuate their specified purposes. The provisions shall be severable and
if any phrase, clause or sentence thereof is declared to be contrary to the
constitution of this state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the validity
of the remainder of those provisions and the applicability the remaining
provisions to any government, agency, person or circumstance shall not be
affected thereby.".
Renumber as necessary.
LAW, ILLOWAY, MEYER, NICHOLAS
2/26/2003 H Passed CoW
2/27/2003 H Amendments Considered
SF0085H2001/AE (TO ENGROSSED COPY) ADOPTED
Page 8-line 10 Delete
the first House Standing Committee Amendment (SF0085HS001/AE) to this line.
Page 8-line 14 After
"notice" insert ", including an anticipated timeline for
completion of the acts, construction or services".
Page 8-line 23 After
"corporation" insert "has given notice of its intent
to perform or".
Page 9-line 6 After
"If" insert "it appears to"; delete "determines".
Page 9-line 7 Delete
"will" insert "may". SIMPSON
SF0085H2002/FE (TO ENGROSSED COPY) FAILED
Page 18-line 12 After
"interest" insert "or to purchase capacity in the pipeline as
authorized by subsection (n) of this section"; reinsert all stricken
language.
Page 18-lines 13-16 Reinsert
all stricken language and delete all new language. LANDON
2/27/2003 H Passed 2nd Reading
2/28/2003 H Amendments Considered
SF0085H3001/AE (TO ENGROSSED COPY) ADOPTED
Page 8-line 10 Delete
the first standing committee amendment (SF0085HS001/AE) to this line.
Delete
the Simpson second reading amendment (SF0085H2001/AE) to this line. Further amend as follows: Strike
"thirty (30)" insert "ninety (90)". LAW, ILLOWAY, MEYER, SIMPSON
SF0085H3002/AE (TO ENGROSSED COPY) ADOPTED
Page 23-line 14 Delete
"37-5-110" insert "37-5-109". LAW
SF0085H3003/FE (TO ENGROSSED COPY) FAILED
Page 1-line 6 After
"amendments;" delete balance of the line.
Page 1-line 7 Delete
the line through "provisions;".
Page 1-line 12 Delete
the Law, et al., committee of the whole amendment (SF0085HW001/AE) to this
line; delete "through 37-5-110 are" insert "is".
Page 2-line 15 Delete
the Law, et al., committee of the whole (SF0085HW001/AE) amendment to this
line; delete "37-5-110" insert "37-5-107".
Page 2-lines 17 through 24 Delete.
Page 3-lines 1 thorough 12 Delete.
Page 3-after line 12 Delete
the first standing committee amendment (SF0085HS001/AE) to this line.
Page 3-line 22 Delete
entirely including the Law, et al., committee of the whole amendment
(SF0085HW001/AE) to this line.
Page 4-lines 1 through 7 Delete
entirely including the first standing committee amendment (SF0085HS001/AE) to
these lines.
Page 23-line 14 Delete
the Law third reading amendment (SF0085H3002/AE) to this line; delete "37-5-110"
insert "37‑5‑107". LANDON
2/28/2003 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee,
Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman,
Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones,
Jorgensen, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli,
Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp,
Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson,
Tipton, Walsh, Warren and Wostenberg.
Nays: Representative(s) Landon
Excused: Representative(s)
Wasserburger
Ayes 58 Nays 1 Excused 1
Absent 0 Conflicts 0
3/1/2003 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Burns, Caller, Cathcart, Coe, Devin, Erb, Geis, Hanes, Hawks, Hines,
Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer,
Scott, Sessions and Vasey.
Nays: Senator(s) Case, Decaria and Goodenough.
Ayes 27 Nays 3 Excused 0
Absent 0 Conflicts 0
3/1/2003 Assigned Number SEA 0055
3/3/2003 S President Signed SEA No. 0055
3/3/2003 H Speaker Signed SEA No. 0055
3/6/2003 Governor Signed SEA No. 0055
Chapter No.
0171 Session Laws of Wyoming 2003.