Railroad quiet zones.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0009

ENROLLED ACT NO. 32,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to railroad quiet zones; providing for administration of the railroad quiet zone program as specified; specifying grant matching requirements; reappropriating funds; repealing existing law regarding railroad quiet zones; and providing for an effective date.

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

Section 1.

W.S.
11
‑
14
‑
109(b)(iv), 20
‑
2
‑
304(a)(i) through (v), 26
‑
3
‑
108(a), 26
‑
3
‑
111(a), 26
‑
5
‑
119(b)(i)(G)(III), 26
‑
6
‑
206(b)(iv)(A) and 35
‑
9
‑
159(b) are amended to read:

11
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14
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109.

Misbranded or adulterated fertilizer, soil conditioner or soil amendment; distribution of unregistered fertilizer.

(b)

No person shall distribute an adulterated fertilizer, soil conditioner or soil amendment. A commercial fertilizer, soil conditioner or soil amendment is adulterated if:

(iv)

A commercial fertilizer that contains guaranteed amounts of phosphates or
micronutrients,
contains metals in amounts greater than the levels of metals established by the following table:

Metal
ppm per 1% P2O5
ppm per 1% micronutrients
Arsenic
13
112
Cadmium
10
83
Cobalt
3,100
23,000*
Lead
61
463
Mercury
1
6
Molybdenum
42
300*
Nickel
250
1,900
Selenium
26
180
Zinc
420
2,900*
(* only applies
when
not
guaranteed
)

The table shall be used according to the following three (3) situations:

(A)

For fertilizers with a phosphate guarantee, but no micronutrient guarantee, multiply the percent guaranteed P2O5 in the product by the values in the table to obtain the maximum allowable concentration of each metal. The minimum value for P2O5 utilized as a multiplier shall be six (6.0);

(B)

For fertilizers with one (1) or more micronutrient guarantee, but no phosphate guarantee, multiply the sum of the guaranteed percentages of all micronutrients in the product by the value in the appropriate column in the table to obtain the maximum allowable concentration (in parts per million, or ppm) of each metal. The minimum value for micronutrients utilized as a multiplier shall be one (1);

(C)

For fertilizers with both a phosphate and a micronutrient guarantee, multiply the guaranteed percent P2O5 by the value in the appropriate column. The minimum value for P2O5 utilized as a multiplier shall be one (1). Then, multiply the sum of the guaranteed percentages of the micronutrients by the value in the appropriate column. The minimum value for micronutrients utilized as a multiplier shall be one (1). Then, utilize the higher of the two (2) resulting values as the maximum allowable concentration (ppm) of each metal.

20
‑
2
‑
304.

Presumptive child support.

(a)

Child support shall be expressed in a specific dollar amount. The following child support tables shall be used to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for
whom
support is being sought. After the combined net income of both parents is determined it shall be used in the first column of the tables to find the appropriate line from which the total child support obligation of both parents can be computed from the third column. The child support obligation computed from the third column of the tables shall be divided between the parents in proportion to the net income of each. The noncustodial parent's share of the joint child support obligation shall be paid to the custodial parent through the clerk as defined by W.S. 20
‑
6
‑
102(
a)(x):

(
i
)

One (1) child:

Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents One Child Marginal Percentage

$846.00 22.0 $186.00 + 21.3% over $846.00
$2,961.00 21.5 $637.00 + 14.3% over $2,961.00
$4,652.00 18.9 $879.00 + 11.8% over $4,652.00
$5,498.00 17.8 $979.00 + 10.2% over $5,498.00
$7,613.00 15.7 $1,195.00 + 9.3%
over $
7,613.00
$10,151.00 14.
$1,431.00 + 7.5% over $10,151.00
$12,900.00 12.7 $1,638.00 + 5.9% of anything
over
$12,900.00

(
ii
)

Two (2) children:

Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Two Children Marginal Percentage

$ 846.00
32.9 $278.00 + 32.8% over $846.00
$2,961.00 32.8 $971.00 + 20.7%
over $
2,961.00
$4,652.00 28.4 $1,321.00 + 17.4%
over $
4,652.00
$5,498.00 26.7 $1,468.00 + 15.2%
over $
5,498.00
$7,613.00 23.5 $1,789.00 + 14.3%
over $
7,613.00
$10,151.00 21.2 $2,152.00 + 10.4% over $10,151.00
$12,900.00 18.9 $2,438.00 + 9.5% of anything
over
$12,900.00

(
iii
)

Three (3) children:

Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Three Children Marginal Percentage

$846.00 40.2 $340.00 + 39.4% over $846.00
$2,961.00 39.6 $1,173.00 + 23.9% over $2,961.00
$4,652.00 33.9 $1,577.00 + 20.9%
over $
4,652.00
$5,498.00 31.9 $1,754.00 + 17.9%
over $
5,498.00
$7,613.00 28.0 $2,132.00 + 16.8%
over $
7,613.00
$10,151.00 25.2 $2,558.00 + 11.6% over $10,151.00
$12,900.00 22.3 $2,877.00 + 11.6% of anything
over
$12,900.00

(
iv
)

Four (4) children:

Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Four Children Marginal Percentage

$846.00 44.9 $380.00 + 43.9% over $846.00
$2,961.00 44.2 $1,309.00 + 26.8%
over $
2,961.00
$4,652.00 37.9 $1,763.00 + 22.9%
over $
4,652.00
$5,498.00 35.6 $1,957.00 + 20.1%
over $
5,498.00
$7,613.00 31.3 $2,383.00 + 18.5%
over $
7,613.00
$10,151.00 28.1 $2,852.00 + 13.1% over $10,151.00
$12,900.00 24.9 $3,212.00 + 13.0 % of anything
over
$12,900.00

(
v
)

Five (5) or more children:

Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Five Children Marginal Percentage

$846.00 49.4 $418.00 + 48.3% over $846.00
$2,961.00 48.6 $1,439.00 + 29.6%
over $
2,961.00
$4,652.00 41.7 $1,940.00 + 24.8%
over $
4,652.00
$5,498.00 39.1 $2,150.00 + 22.2%
over $
5,498.00
$7,613.00 34.4 $2,619.00 + 20.4%
over $
7,613.00
$10,151.00 30.9 $3,137.00 + 14.5% over $10,151.00
$12,900.00 27.4 $3,535.00 + 14.3% of anything
over
$12,900.00

26
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3
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108.

Capital and surplus requirements.

(a)

To qualify for authority to transact any kind of insurance as defined in chapter 5 or combination of kinds of insurance as specified in this subsection, a foreign insurer, or a domestic stock insurer applying for its original certificate of authority, shall possess and thereafter maintain unimpaired basic paid
‑
in capital stock and surplus, if a stock insurer, or unimpaired basic surplus, if a foreign mutual insurer or foreign reciprocal insurer, in an amount not less than as follows:

Foreign
Foreign
Kind or
Mutual
Reciprocal
kinds
of

Stock Insurers
Insurers
Insurers
insurance

Capital Stock Surplus
Surplus
Surplus
_______________________________________________________________________
Life

$1,000,000.

$500,000.

$1,500,000.
Disability

1
,000,000.
500,000. 1,500,000.

1,500,000.
Life &
Disability

1,000,000.

1,000,000.

2,000,000.
Property

1,000,000.

1,000,000.

2,000,000. 2,000,000.
Casualty
Excluding
Surety

1,000,000.

1,000,000.

2,000,000. 2,000,000.
Including
Surety

1,000,000.

1,500,000.

2,500,000.

2,500,000.
Marine &
Transport
ation
1,000,000
.

1,000,000.

2,000,000. 2,000,000.
Multiple
line
(Property
and
any
additional
kind
)

2,000,000.

2,000,000.

4,000,000. 4,000,000.
Title

500,000.

250,000.

26
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3
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111.

Deposit required of insurers.

(a)

The commissioner shall not authorize an insurer to transact insurance in this state unless it makes and thereafter continuously maintains in trust in this state through the commissioner, or in another state as provided in subsection (b) of this section, for the protection of all its policyholders and
creditors a
deposit of cash or securities eligible for deposit under W.S. 26
‑
8
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103 of a value not less than the amount applicable to the kinds of insurance the insurer transacts as follows:

Minimum
Kind(s) of insurance
Amount of deposit
Life .........................................$200,000.00
Disability ....................................100,000.00
Life & disability .............................200,000.00
Property ......................................100,000.00
Casualty
Excluding surety ..............................100,000.00
Including surety ..............................150,000.00
Multiple line .................................200,000.00
Hail-crop .....................................100,000.00
Title
Domestic insurers ..............................50,000.00
Foreign insurers ..............................100,000.00

26
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5
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119.

Life and disability reinsurance agreements; limitations.

(b)(
i
)

No insurer subject to this section shall, for reinsurance ceded, reduce any liability or establish any asset in any financial statement filed with the department if, by the terms of the reinsurance agreement, in substance or effect, any of the following conditions exist:

(III)

The associated formula for determining the reserve interest rate adjustment shall use a formula which reflects the ceding company's investment earnings and incorporates all realized and unrealized gains and losses reflected in the statutory statement. The following is an acceptable formula:

Rate =
2(I + CG)/X + Y
‑
I
‑
CG

Where:
I
is the net investment income
CG
is capital gains less capital losses
X
is the current year cash and invested
assets
plus investment income due and
accrued
less borrowed money
Y
is the same as X but for the prior year

26
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6
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206.

Computation of minimum standard for annuities; computation of minimum standard valuation by calendar year of issue.

(iv)

The
weighting factors referred to in the formulas stated above are given in the following tables:

(A)

Weighting factors for life insurance:

GUARANTEE
WEIGHTING
DURATION
FACTORS
(YEARS)

10 or less .50
More than 10, but not more than 20 .45
More than 20 .35

For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or
nonforfeiture
values or both which are guaranteed in the original policy;

35
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9
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159.

Exceptions to reimbursements; exception to act; clandestine laboratory remediation fund.

(b)

Except with respect to a response to a clandestine laboratory operation incident, the state, political subdivisions of the state or other unit of local government shall not be entitled to reimbursement under this act from any responsible party for an incident involving less than the following quantities of hazardous materials:

Hazard Class/
Division Hazard
Type Quantity subject to
from
49 CFR
reimbursement
Article 100-185

1.1, 1.2, 1.3 Explosive Materials Any quantity
(Table 1
materials
)
1.4, 1.5, 1.6 Explosive Materials 1001 pounds
(Table 2 materials)
2.1 Flammable Gas 150 gallons
(Table 2 material)
2.3 Poison Gas Any quantity
(Table 1 material)
3 Flammable Liquid 150 gallons
(Table 2 material)
3 Combustible Liquid 300 gallons
(Table 2 material)
4.1 Flammable Solid or 11 pounds
4.2 Spontaneously Combustible
(Table 2 materials) Material
4.3 Dangerous When Wet 3 pounds
(Table 1 material)
5.1 Oxidizer 1001 pounds
(Table 2 material) (Includes inorganic
Peroxides)
5.2 Organic Peroxide 66 pounds
(Table 1 material)
6.1 Poison (Inhalation 32 pounds
(Table 1 material) Hazard Zone A or B)
6.1 Poison (Other than 1001 pounds
(Table 2 material) Inhalation Hazard Zone
A or B)
6.2 Infectious Substance 1001 pounds
(Table 2 material)
Class 7 Radioactive Material
Any
quantity
(Table 1 material) (Yellow Label III only)
Class 8 Corrosive Material 1001 pounds
(Table 2 material)
Class 9 Miscellaneous 1001 pounds
(Table 2 material) Hazardous Material

Section
2
.

This act is effective July 1, 201
6
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1