|
H.B. No. 0134 |
Capital construction financing. |
Sponsored
By: Select
Committee on Capital Financing and Investments
AN ACT relating to state capital construction; creating a capital
financing commission; specifying composition, powers and duties of the
commission; eliminating the state building commission; assigning functions and
duties of the state building commission to other state entities; combining
certain state bonding authority provisions; repealing, increasing and amending
certain existing state bonding authority provisions; modifying school capital
construction financing provisions; amending certain mineral royalty revenue
distributions; authorizing the pledge of certain revenues for bonds for school
and other capital construction projects; specifying use of bond proceeds;
making conforming amendments; and providing for effective dates.
1/15/2003 Bill Number
Assigned
1/16/2003 H Received
for Introduction
1/16/2003 H
Introduced and Referred to H09
1/27/2003 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
1/27/2003 H Placed on
General File
1/31/2003 H
Amendments Considered
HB0134HS001/A ADOPTED
Page 8-line 2 After
"terms." insert "No more than one (1) resident of any county
shall be appointed to the commission.".
LAW, CHAIRMAN
HB0134HW001/F FAILED
Page 15-line 13 Delete
"two".
Page 15-line 14 Delete the
line through "($250,000,000.00)" insert "two hundred ten million
dollars ($210,000,000.00)".
Page 17-line 4 Delete
"three hundred".
Page 17-line 5 Delete
the line through "($350,000,000.00)" insert "two hundred million
dollars ($200,000,000.00)".
Page 51-line 6 Delete
"three".
Page 51-line 7 Delete
the line through "($350,000,000.00)" insert "two hundred
million dollars ($200,000,000.00)".
Page 51-line 12 Delete
"three hundred fifty million".
Page 51-line 13 Delete the
line through "($350,000,000.00)" insert "two hundred
million dollars ($200,000,000.00)".
BOSWELL
1/31/2003 H Passed
CoW
2/3/2003 H
Amendments Considered
HB0134H2001/F FAILED
Page 2-line 2 Delete
"9-5-109,".
Page 2-lines 5
through 23 Delete.
Page 3-lines 1
through 24 Delete.
Page 4-lines 1
through 24 Delete.
Page 5-lines 1
through 14 Delete.
Page 6-line 11 Delete
"through 9-5-109" insert ", 9-5-108".
Page 9-line 3 Delete
"through 9-5-109" insert "and 9-5-108".
Page 9-line 16 Delete
"through 9-5-109" insert "and 9-5-108".
Page 11-line 1 Delete
"through 9-5-109" insert "and 9-5-108".
Page 15-line 12 Delete
"through".
Page 15-line 13 Delete
"9-5-109" insert "and 9-5-108".
Page 27-line 5 Delete
"9-5-109" insert "9-5-108".
Page 47-line 1 Delete
", through" insert ". The recommendation shall specify
the amount of appropriation or bonding authority required for each recommended
project. If additional bonding
authority is required under a recommendation, the type and amount of authority
shall be specified. The recommendation may include".
Page 47-line 8 Delete
";" insert ".".
Page 47-lines 10
and 11 Delete.
Page 47-line 18 Delete
"developed pursuant to W.S. 9-5-109".
Page 49-line 8 Delete
"," insert "and"; after "9-5-108"
insert ":" delete "and".
Page 49-line 9 Delete.
Page 53-line 9 Delete
"pursuant to".
Page 53-line 10 Delete
"W.S. 9-5-109".
BOSWELL
2/3/2003 H Passed
2nd Reading
2/4/2003 H Passed
3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby,
Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cooper, Edwards, Hageman,
Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, W., Jones, Latta,
Law, Lockhart, Luthi, McMurtrey, McOmie, Meuli, Miller, D., Nicholas, Olsen,
Osborn, Parady, Petersen, Philp, Powers, Prosser, Ross, Simpson, Slater,
Tipton, Walsh, Wasserburger and Wostenberg.
Nays: Representative(s) Alden, Boswell, Cohee,
Diercks, Esquibel, Gentile, Gilmore, Johnson, L., Jorgensen, Landon, Martin,
Meyer, Morgan, Reese, Robinson, Semlek, Thompson and Warren.
Ayes 42 Nays 18 Excused 0 Absent 0
Conflicts 0
2/5/2003 S Received
for Introduction
2/5/2003 S
Introduced and Referred to S09
2/13/2003 S09
Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Barrasso, Coe, Hawks and Mockler
Nays: Senator(s) Decaria
Ayes 4 Nays 1 Excused 0 Absent 0
Conflicts 0
2/13/2003 S Placed on
General File
2/24/2003 S
Amendments Considered
HB0134SS001/AE (TO ENGROSSED COPY) ADOPTED
Page 1-line 3 After
"commission;" delete balance of line.
Page 1-lines 4
and 5 Delete.
Page 2-line 2 Delete
"9-5-109,".
Page 2-lines 5
through 23 Delete.
Page 3-lines 1
through 24 Delete.
Page 4-lines 1
through 24 Delete.
Page 5-lines 1
through 14 Delete.
Page 6-line 11 Delete
"through 9-5-109".
Page 6-line 21 After
"cost" insert ". For
state projects, the commission shall use the state building commission's
determination of costs for carrying out a project as the nonfinancing portion
of the project cost".
Page 8-lines 19
through 24 Delete and
renumber.
Page 9-lines 1
through 3 Delete
and renumber.
Page 9-line 5 Delete
"(iv)" insert "(ii)".
Page 9-line 15 Delete
"(v)" insert "(iii)".
Page 9-line 16 After
"act," insert "its functions under"; delete "through
9-5-109".
Page 9-line 19 Delete
"(vi)" insert "(iv)".
Page 9-line 23 Delete
"(vii)" insert "(v)".
Page 10-line 4 Delete
"(viii)" insert "(vi)".
Page 10-line 23 Delete
"recommendation and".
Page 10-line 24 Delete
"prioritization" insert "funding".
Page 11-line 1 Delete
"through 9-5-109".
Page 15-line 12 Delete
"through".
Page 15-line 13 Delete
"9-5-109" insert "and 9-5-108".
Page 25-line 11 After
"(d)(i)," delete balance of line.
Page 25-line 12 Delete.
Page 25-line 19 Delete.
Page 25-line 20 Delete
through "and (b),".
Page 25-line 21 Delete
"(d)(intro),"; delete ", (f)".
Page 26-line 1 Delete
"24-2-109(b)(iii),".
Page 27-line 3 After
"construction" insert "based upon recommendations of
the state building commission".
Page 27-line 5 Delete
"9-5-109" insert "9-5-107".
Page 27-lines 8
through 24 Delete.
Page 28-lines 1
through 24 Delete.
Page 29-lines 1
through 7 Delete.
Page 39-lines 7
through 24 Delete.
Pages 40 through
44 Delete.
Page 45-lines 1
and 2 Delete.
Page 45-line 4 After
"State" insert "building commission and state".
Page 45-lines 8
through 16 Reinsert all
stricken language and delete all new language.
Page 45-line 24 Strike
"October" insert "September".
Page 46-line 5 Delete
"October" insert "September".
Page 46-line 8 Reinsert
stricken language.
Page 46-line 23 Delete
"The listing shall".
Page 46-line 24 Delete
"contain" insert "The state building commission shall
provide the listing to the state capital financing commission which shall make".
Page 47-line 1 Delete
", through" insert ". The recommendation shall specify
the amount of appropriation or bonding authority required for each recommended
project. If additional bonding
authority is required under a recommendation, the type and amount of authority
shall be specified. The recommendation may include".
Page 47-line 8 Delete
";" insert ".".
Page 47-lines 10
and 11 Delete.
Page 47-line 14 Before
"commission" insert "state building commission and capital
financing"; after "commission" insert "jointly".
Page 47-line 18 Delete
"developed pursuant to W.S. 9-5-109".
Page 47-lines 22
through 24 Delete.
Page 48-line 3 Reinsert
stricken "state building".
Page 48-line 11 Before
"commission" insert "state building".
Page 48-line 13 Reinsert
stricken "state building".
Page 49-lines 1
through 6 Delete.
Page 49-line 8 After
"section" delete "," insert "and";
after "9-5-108" insert "," delete "and".
Page 49-line 9 Delete.
Page 49-lines 11
and 12 Delete.
Page 49-line 14 Delete
"(ii)".
Page 50-line 1 Before
"commission" insert "state building".
Page 53-line 9 Delete
"pursuant to".
Page 53-line 10 Delete
"W.S. 9-5-109".
Page 55-lines 9
through 24 Delete.
Page 56-line 8 Reinsert
stricken "building"; before "loan" insert "commission,
state".
Page 56-line 16 After
"Monitor" insert "state building commission and".
Page 56-line 22 After
"state" insert "building commission and state".
Page 57-line 5 After
"state" insert "building commission and state".
Page 57-line 19 After
"for" insert "the financing of".
Page 60-line 5 After
"W.S." delete balance of the line.
Page 60-line 6 Delete
"9-5-101(a),".
Page 60-line 7 Delete
"9-5-108(e),".
Page 60-lines 10
through 24 Delete and
renumber.
Page 61-lines 1
and 2 Delete.
Page 61-line 4 Delete
"5" insert "4".
Renumber as
necessary. HAWKS, CHAIRMAN
HB0134SW001/AE (TO ENGROSSED COPY) ADOPTED
Page 15-line 13 Delete
"two".
Page 15-line 14 Delete
entirely and insert "one hundred seventy-five million dollars
($175,000,000.00) in".
Page 17-line 4 Delete
"three hundred".
Page 17-line 5 Delete
the line through "($350,000,000.00)" insert "two hundred fifty
million dollars ($250,000,000.00)".
Page 33-line 9 Delete
"Twelve million dollars ($12,000,000.00)" insert "Seven
million five hundred thousand dollars ($7,500,000.00)".
Page 33-line 14 Delete
"Sixteen million dollars ($16,000,000.00)" insert "Eleven
million dollars ($11,000,000.00)".
Page 51-line 6 Delete
"three".
Page 51-line 7 Delete
the line through "($350,000,000.00)" insert "two
hundred fifty million dollars ($250,000,000.00)".
Page 51-line 12 Delete
"three hundred fifty million".
Page 51-line 13 Delete the
line through "($350,000,000.00)" insert "two hundred
fifty million dollars ($250,000,000.00)". MEIER, COE
2/24/2003 S Passed
CoW
2/25/2003 S
Amendments Considered
HB0134S2001/AE (TO ENGROSSED COPY) ADOPTED
Page 33-line 6 Delete
"July 1, 2003" insert "April 1, 2004".
Page 33-line 7 Delete
"July 1, 2003" insert "April 1, 2004".
Page 38-line 18 Delete
"June 30, 2003" insert "March 31, 2004".
Page 38-line 23 Delete
"July 1, 2003" insert "April 1, 2004".
Page 61-after
line 2 Insert
and renumber:
"Section 4. The state
capital financing commission shall not issue nor undertake any activity to
issue any bond under this act prior to April 1, 2004. The legislature affirms that the authority of the state loan and
investment board to issue bonds pursuant to W.S. 9-4-605 shall remain in effect
through March 31, 2004 and that the provisions of this act shall not, for any
purpose including but not limited to references to bonding authority contained
in 2003 House Bill 0001 or 2003 Senate File 0001, be construed as prohibiting
the state loan and investment board from issuing bonds under that section prior
to March 31, 2004.".
Page 61-line 4 Delete
"4" insert "5". MOCKLER
HB0134S2002/AE (TO ENGROSSED COPY) ADOPTED
Delete the
Meier, Coe Committee of the Whole amendment (HB0134SW001/AE) entirely and
further amend as follows:
Page 1-line 7 Delete
", increasing".
Page 1-line 9 After
"provisions;" delete balance of the line.
Page 1-line 10 Delete
the line through "distributions;".
Page 15-line 12 Delete
"W.S. 9-4-601(m)(iii)" insert "this section"; before
"9-5-107" insert "W.S.".
Page 15-line 13 Delete
"two".
Page 15-line 14 Delete
entirely and insert "one hundred five million dollars ($105,000,000.00) in".
Page 15-line 18 Delete
"Sufficient revenues to".
Page 15-lines 19
through 24 Delete.
Page 16-lines 1
through 14 Delete and
insert "Prior to distribution to the public school foundation program
account under W.S. 9-4-601(a)(ii), sufficient revenues for the purposes of this
subsection shall be deducted therefrom and credited to a bond repayment account
pursuant to the terms of the resolution, indenture or other appropriate
proceeding authorizing the issuance of revenue bonds under this subsection. To
the extent that sufficient revenues are not available to fully fund the bond
repayment account as provided by this subsection, prior to any distribution to
the highway fund under W.S. 9-4-601(a)(iii), sufficient additional revenues for
the purpose of this subsection shall be deducted therefrom and credited to the
bond repayment account under this subsection. The revenues deducted shall be
used as provided by this subsection. The balance of the revenues shall be
credited to the public school foundation program account and the highway fund
as provided by W.S. 9-4-601.".
Page 17-line 4 Delete
"three hundred".
Page 17-line 5 Delete
the line through "($350,000,000.00)" insert "one hundred million
dollars ($100,000,000.00)".
Page 25-line 14 Before
"(ii)," delete "(intro),"; delete "(vii), (d)(intro)
and by".
Page 25-line 15 Delete.
Page 25-line 16 Delete the
line through "(iv),".
Page 25-line 23 Delete
"(a) and".
Page 30-lines 1
through 23 Delete all new
language.
Page 31-line 5 After
"9-4-605(a)" insert "and 9-5-405(a)".
Page 31-lines 9
through 24 Delete.
Page 32-lines 1
through 24 Delete.
Page 33-lines 1
through 24 Delete.
Page 34-lines 1
through 10 Delete.
Page 50-lines 7
through 23 Delete.
Page 51-lines 1
and 2 Delete.
Page 51-lines 6
and 7 Reinsert
all stricken language and delete all new language.
Page 51-lines 11
through 13 Reinsert all
stricken language and delete all new language.
Page 52-line 9 Delete
"and".
Page 52-line 10 Delete
"9-4-601(a)(vii)".
MOCKLER, MEIER
HB0134S2003/ACE (CORRECTED COPY) (TO ENGROSSED COPY) ADOPTED
Page 10-line 12 Delete
"necessary" insert "a"; after "staff" insert
"person".
Page 10-line 13 Before
"shall" delete "and" insert "who".
Page 10-line 14 After
"commission" insert "." and delete balance of line.
Page 10-line 15 Delete. MASSIE
2/25/2003 S Passed
2nd Reading
2/26/2003 S
Amendments Considered
HB0134S3001/AE (TO ENGROSSED COPY) ADOPTED
Page 30-lines 1
through 23 Delete all new
language and reinsert all stricken language.
Page 33-lines 1
through 7 Delete
including the Mockler Second Reading Amendment (HB0134S2001/AE) to these
lines. MOCKLER
2/26/2003 S Passed
3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs,
Burns, Caller, Coe, Devin, Geis, Hanes, Hawks, Kunz, Larson, Massie, Meier,
Mockler, Northrup, Peck, Roberts, Sessions and Vasey.
Nays: Senator(s) Barton, Case, Cathcart, Decaria,
Erb, Goodenough, Hines, Job, Schiffer and Scott.
Ayes 20 Nays 10 Excused 0 Absent 0
Conflicts 0
2/27/2003 H Did Not
Concur
ROLL CALL
Ayes: Representative(s) Bagby, Boswell, Brechtel,
Diercks, Esquibel, Gentile, Gilmore, Johnson, L., Landon, Morgan, Reese,
Robinson, Thompson, Tipton and Warren.
Nays: Representative(s) Alden, Anderson, R.,
Baker, Berger, Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards, Hageman,
Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, W., Jones,
Jorgensen, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer,
Miller, D., Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser,
Ross, Semlek, Simpson, Slater, Walsh, Wasserburger and Wostenberg.
Excused: Representative(s) Latta
Ayes 15 Nays 44 Excused 1 Absent 0
Conflicts 0
2/28/2003 H Appointed
JCC01 Members
Baker,
Jorgensen and Parady
2/28/2003 S
Appointed JCC01 Members
Coe, Job and
Mockler
HB0134JC01/AF ADOPTED/FAILED
Adopt the following Senate amendments:
HB0134S2003/ACE
HB0134S2002/AE
HB0134SS001/AE
Delete the following Senate amendments:
HB0134S3001/AE
HB0134S2001/AE
HB0134SW001/AE
Further amend the ENGROSSED COPY as follows:
Page 1-line 7 Before
"repealing" insert "increasing,".
Page 15-line 12 After
"and" insert "W.S.".
Page 15-line 14 Delete
entirely including the Mockler, Meier Senate Second Reading Amendment
(HB0134S2002/AE) to this line and insert "one hundred twenty-five million
dollars ($125,000,000.00) in".
Page 30-lines 1
through 23 Delete all new
language and reinsert all stricken language.
Page 38-line 18 Delete
"June 30, 2003" insert "March 31, 2004".
Page 38-line 23 Delete
"July 1, 2003" insert "April 1, 2004".
Page 61-after
line 2 Insert
and renumber:
"Section 4. The state
capital financing commission shall not issue nor undertake any activity to
issue any bond under this act prior to April 1, 2004. The legislature affirms that the authority of the state loan and
investment board to issue bonds pursuant to W.S. 9-4-605 shall remain in effect
through March 31, 2004 and that the provisions of this act shall not, for any
purpose including but not limited to references to bonding authority contained
in 2003 House Bill 0001, be construed
as prohibiting the state loan and investment board from issuing
bonds under that section prior to March 31, 2004.".
Renumber as necessary.
BAKER, JORGENSEN, PARADY, COE, JOB, MOCKLER
3/5/2003 H Adopted
HB0134JC01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, Baker,
Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards, Gilmore,
Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, W.,
Jones, Jorgensen, Landon, Latta, Law, Luthi, McOmie, Meuli, Meyer, Miller,
Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Ross,
Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Wasserburger and Wostenberg
Nays: Representatives: Bagby, Boswell, Diercks,
Esquibel, Gentile, Johnson, L., Martin, McMurtrey, Morgan, Robinson and Warren
Excused: Representative(s) Lockhart
Ayes 48 Nays 11 Excused 1 Absent 0
Conflicts 0
3/5/2003 S Did Not
Adopt HB0134JC01
ROLL CALL
Ayes: Senator(s) Barton, Boggs, Coe, Hanes, Hawks,
Job, Larson, Massie, Meier, Mockler, Peck, Sessions and Vasey.
Nays: Senator(s) Burns, Caller, Case, Decaria,
Erb, Geis, Goodenough, Hines, Northrup, Roberts, Schiffer and Scott.
Excused: Senator(s) Anderson, J., Barrasso, Cathcart,
Devin and Kunz.
Ayes 13 Nays 12
Excused 5 Absent 0 Conflicts 0
3/6/2003 H Appointed
JCC02 Members
Baker,
Jorgenson and Parady
3/5/2003 S
Appointed JCC02 Members
Coe, Job
and Mockler
HB0134JC02/AA ADOPTED
Adopt the following Senate amendments:
HB0134S2003/ACE
HB0134S2002/AE
HB0134SS001/AE
Delete the following Senate amendments:
HB0134S3001/AE
HB0134S2001/AE
HB0134SW001/AE
Further amend the ENGROSSED COPY as follows:
Page 1-line 7 Before
"repealing" insert "increasing,".
Page 15-line 12 After
"and" insert "W.S.".
Page 15-line 14 Delete
entirely including the Mockler, Meier Senate Second Reading Amendment
(HB0134S2002/AE) to this line and insert "one hundred twenty-five million
dollars ($125,000,000.00) in".
Page 30-lines 1
through 23 Delete all new
language and reinsert all stricken language.
Page 38-line 18 Delete
"June 30, 2003" insert "March 31, 2004".
Page 38-line 23 Delete
"July 1, 2003" insert "April 1, 2004".
Page 61-after
line 2 Insert
and renumber:
"Section 4. The state
capital financing commission shall not issue nor undertake any activity to
issue any bond under this act prior to April 1, 2004. The legislature affirms that the authority of the state loan and
investment board to issue bonds pursuant to W.S. 9-4-605 shall remain in effect
through March 31, 2004 and that the provisions of this act shall not, for any
purpose including but not limited to references to bonding authority contained
in 2003 House Bill 0001, be construed as prohibiting the state loan and
investment board from issuing bonds under that section prior to March 31,
2004.".
Renumber as necessary.
JORGENSEN, PARADY, COE, JOB, MOCKLER
3/6/2003 H Adopted
HB0134JC02
ROLL CALL
Ayes: Representative(s) Anderson, R., Berger,
Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards, Hageman, Harshman, Harvey,
Hinckley, Iekel, Illoway, Jansen, Johnson, W., Jones, Latta, Law, Lockhart,
Luthi, McMurtrey, McOmie, Meuli, Miller, D., Nicholas, Olsen, Osborn, Parady,
Petersen, Philp, Powers, Prosser, Ross, Simpson, Slater, Tipton, Walsh,
Wasserburger.
Nays: Representative(s) Alden, Bagby, Baker,
Boswell, Brechtel, Diercks, Esquibel, Gentile, Gilmore, Johnson, L., Jorgensen,
Landon, Martin, Meyer, Morgan, Reese, Robinson, Semlek, Thompson, Warren,
Wostenberg.
Ayes 39 Nays 21 Excused 0 Absent 0 Conflict 0
3/6/2003 S Adopted
HB0134JC02
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs,
Caller, Coe, Devin, Hanes, Hawks, Job, Kunz, Larson, Massie, Meier, Mockler,
Northrup, Peck, Roberts, Sessions and Vasey.
Nays: Senator(s) Barton, Burns, Case, Cathcart,
Decaria, Erb, Geis, Goodenough, Hines, Schiffer and Scott.
Ayes 19 Nays 11 Excused 0 Absent 0
Conflicts 0
3/6/2003 Assigned
Number HEA 0133
3/6/2003 H Speaker
Signed HEA No. 133
3/6/2003 S President
Signed HEA No. 0133
3/17/2003 Governor
Vetoed HEA No. 0133