|
H.B.
No. 0027 |
Posting of restrictions on roads & lands. |
Sponsored By: Representative(s)
Sadler, Boswell, Cohee, Deegan, Esquibel, Gay, Landon, Lockhart, McGraw, McMurtrey,
Meyer, Morgan, Nelson, Petersen, Reese, Robertson, Rose, Thompson, Tipton,
Tomassi and Warren
AN ACT relating
to public roads and public lands; prohibiting the improper posting of
restrictions on public roads and lands as specified; providing definitions;
providing penalties; and providing for an effective date.
01/02/2002 Bill Number Assigned
02/12/2002 H Received for Introduction
02/12/2002 H Introduced and Referred to H01
ROLL
CALL
Ayes:
Representative(s) Anderson, R., Baker, Boswell, Burns, Childers, Cohee,
Deegan, Diercks, Edwards, Esquibel, Gay, Hageman, Hessenthaler, Hines,
Huckfeldt, Iekel, Illoway, Johnson, L., Johnson, W., Jones, Landon, Law,
Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan,
Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux, Petersen, Philp, Reese,
Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simpson, Tempest, Thompson,
Tipton, Tomassi, Warren, Wasserburger, Watt and Wostenberg.
Nays:
Representative(s) Eyre, Simons, Slater, Stafford and Willford.
Ayes 55 Nays 5 Excused 0
Absent 0 Conflicts 0
02/18/2002 H01 Recommended Amend and Do Pass
ROLL
CALL
Ayes:
Representative(s) Johnson, L., Landon, Luthi, Morgan, Rose, Simpson,
Slater, Wasserburger and Watt
Ayes 9 Nays 0 Excused 0
Absent 0 Conflicts 0
02/18/2002 H Placed on General File
02/18/2002 H Amendments Adopted
HB0027HS001/AC (CORRECTED COPY)
That
Substitute No. 1 (CORRECTED COPY) for HB0027 DO PASS.
ROSE,
CHAIRMAN
02/18/2002 H Passed CoW
02/19/2002 H Laid Back Pursuant to HR 9-3
02/20/2002 Amendment Adopted
HB0027H2001/A [TO
SUBSTITUTE BILL No. 1 ] (CORRECTED
COPY)]
Page 2-lines 5 and 6 Delete entirely and insert "any passageway to which there is
a duly recorded instrument from the landowner or his predecessor in interest
conveying to the public unrestricted legal right to use the passageway or to
which a governing body has acquired unrestricted legal right for the public to
use the passageway.". NICHOLAS
ROLL
CALL
Ayes: Representative(s) Baker, Burns, Childers,
Cohee, Edwards, Eyre, Hageman, Hessenthaler, Hines, Huckfeldt, Iekel, Illoway,
Johnson, W., Jones, Landon, Law, Luthi, McMurtrey, McOmie, Meuli, Miller, D.,
Nagel, Nicholas, Osborn, Parady, Paseneaux, Petersen, Philp, Ross, Samuelson,
Shivler, Simons, Simpson, Slater, Stafford, Tempest, Tipton, Tomassi,
Wasserburger, Willford and Wostenberg.
Nays: Representative(s) Anderson, R., Boswell,
Deegan, Diercks, Esquibel, Gay, Johnson, L., Lockhart, McGraw, Meyer, Morgan,
Nelson, Reese, Robinson, Rose, Sadler, Thompson, Warren and Watt.
Ayes 41 Nays 19
Excused 0 Absent 0 Conflicts 0
HB0027H2002/A [TO
SUBSTITUTE BILL No. 1 ] (CORRECTED
COPY)]
Page
1-line 14 Delete "on a
public road or".
Page 1-line 15 Delete the line through "land"; After "access"
delete "to".
Page
2-line 1 Delete "that"
insert "over a public".
Page
2-lines 8 through 24 Delete.
Page
3-lines 1 and 2 Delete and insert:
"(c) The governing body having jurisdiction over
the public road shall issue a written demand to any person who unlawfully posts
a notice in violation of subsection (a) of this section directing that the
notice be removed within three (3) days following receipt of the notice. The
demand shall be delivered in person by a peace officer or mailed by certified
mail return receipt requested. Any person responsible for posting the illegal
notice who fails to remove the illegal notice within three (3) days after
receipt of the demand from the governing body is guilty of a misdemeanor. Any
person convicted of a misdemeanor under this section shall be punished by a
fine of up to six hundred dollars ($600.00) for each day the person fails to
remove the illegal notice.".
Page 3-line 4 Delete "an affirmative" insert "a"; delete
"to a" insert "to any".
Page 3-line 13 Delete the line through "restrict" insert "or on a
public road as defined by W.S. 24-1-133(b) restricting".
Page 3-line 14 Delete the line through "land" insert "to public
lands".
Page
4-lines 1 through 19 Delete entirely
and insert:
"(c) The governing body having jurisdiction over
the public land shall issue a written demand to any person who unlawfully posts
a notice in violation of subsection (a) of this section directing that the
notice be removed within three (3) days following receipt of the notice. The
demand shall be delivered in person by a peace officer or mailed by certified
mail return receipt requested. Any person responsible for posting the illegal
notice who fails to remove the illegal notice within three (3) days after
receipt of the demand from the governing body is guilty of a misdemeanor. Any
person convicted of a misdemeanor under this section shall be punished by a
fine of up to six hundred dollars ($600.00) for each day the person fails to
remove the illegal notice.".
Page 4-line 21 Delete "an affirmative" insert "a"; delete
"to a" insert "to any".
NICHOLAS
02/20/2002 H Passed 2nd Reading
02/21/2002 Amendment Adopted
HB0027H3002/A [TO
SUBSTITUTE BILL No. 1] (CORRECTED
COPY)]
Page 2-lines 8 through 24 Delete entirely, including the Nicholas
second reading amendment (HB0027H2002/A) to these lines.
Page 3-lines 1 and 2 Delete entirely, including the Nicholas second reading amendment
(HB0027H2002/A) to these lines and insert:
"(c) The
governing body having jurisdiction over the public road shall issue a written
demand to any person who unlawfully posts a notice in violation of subsection
(a) of this section directing that the notice be removed within three (3) days
following receipt of the notice. The demand shall be delivered in person by a
peace officer or mailed by both first class mail and certified mail return
receipt requested to the person's last known mailing address. Any person who
knowingly posts an illegal notice or who fails to remove an illegal notice
within three (3) days after receiving the demand from the governing body is
guilty of a misdemeanor. If the person cannot be personally served because he
deliberately made himself unavailable for service, or refused to accept
delivery of the demand by certified mail, then he shall be guilty of a
misdemeanor if he fails to remove the illegal notice within five (5) days after
the demand was mailed to him by the governing body. Any person convicted of a
misdemeanor under this section shall be punished by a fine up to six hundred
dollars ($600.00) for each day the person fails to remove the illegal notice,
not to exceed a total of ten thousand dollars ($10,000.00) for one (1)
continuing violation.".
Page 4-lines 1 through 19 Delete entirely, including the Nicholas
second reading amendment (HB0027H2002/A) to these lines and insert:
"(c) The
governing body having jurisdiction over the public land shall issue a written
demand to any person who unlawfully posts a notice in violation of subsection
(a) of this section directing that the notice be removed within three (3) days
following receipt of the notice. The demand shall be delivered in person by a
peace officer or mailed by both first class mail and certified mail return
receipt requested to the person's last known mailing address. Any person who knowingly
posts an illegal notice or who fails to remove an illegal notice within three
(3) days after receiving the demand from the governing body is guilty of a
misdemeanor. If the person cannot be personally served because he deliberately
made himself unavailable for service, or refused to accept delivery of the
demand by certified mail, then he shall be guilty of a misdemeanor if he fails
to remove the illegal notice within five (5) days after the demand was mailed
to him by the governing body. Any person convicted of a misdemeanor under this
section shall be punished by a fine up to six hundred dollars ($600.00) for
each day the person fails to remove the illegal notice, not to exceed a total
of ten thousand dollars ($10,000.00) for one (1) continuing violation.". NICHOLAS
02/21/2002 H Passed 3rd Reading
ROLL
CALL
Ayes:
Representative(s) Anderson, R., Baker, Burns, Childers, Cohee, Hageman,
Hessenthaler, Illoway, Johnson, W., Landon, Law, Lockhart, McGraw, McMurtrey,
McOmie, Miller, D., Nagel, Nicholas, Parady, Paseneaux, Petersen, Philp, Rose,
Ross, Samuelson, Shivler, Simpson, Stafford, Tempest, Thompson and Tipton.
Nays:
Representative(s) Boswell, Deegan, Diercks, Edwards, Esquibel, Eyre,
Gay, Hines, Huckfeldt, Iekel, Johnson, L., Jones, Luthi, Meuli, Meyer, Morgan,
Nelson, Osborn, Reese, Robinson, Sadler, Simons, Slater, Tomassi, Warren,
Wasserburger, Watt, Willford and Wostenberg.
Ayes 31 Nays 29 Excused 0
Absent 0 Conflicts 0
Pursuant to House
Rule 17-5 Representative Sadler requested the following statement be entered in
the journal regarding H.B. 27.
I, the original sponsor of H.B. 27 did not
support the bill as passed by the House of Representatives.
Representative Dick Sadler
02/22/2002 S Received for Introduction
02/22/2002 S Introduced and Referred to S01
02/28/2002 S01 Recommended Amend and Do Pass
ROLL
CALL
Ayes:
Senator(s) Hanes, Job, Schiffer and Sessions
Nays:
Senator(s) Meier
Ayes 4 Nays 1 Excused 0
Absent 0 Conflicts 0
02/28/2002 S Placed on General File
03/04/2002 S Amendments Adopted
HB0027SS001/A [TO
ENGROSSED COPY]
Page 2-line 12 After "body" insert "or its authorized
representative".
Page 3-line 8 After "notice" delete balance of line and insert
". For a second or subsequent offense, the penalty shall be a fine of not
more than six hundred dollars ($600.00) per day, and up to six (6) months in
jail, or both.".
Page
3-line 9 Delete.
Page 4-line 8 After "body" insert "or its authorized
representative".
Page 5-line 4 After "notice" delete balance of line and insert
". For a second or subsequent offense, the penalty shall be a fine of not
more than six hundred dollars ($600.00) per day, and up to six (6) months in
jail, or both.".
Page
5-line 5 Delete. SCHIFFER, CHAIRMAN
03/04/2002 S Passed CoW
03/05/2002 S Passed 2nd Reading
03/06/2002 Amendment Failed
HB0027S3001/FE (TO ENGROSSED COPY)
Page 2-line 10 After "passageway" insert "and is maintained by a
political subdivision of the state".
MEIER
HB0027S3002/FE (TO ENGROSSED COPY)
Page 2-lines 12 through 19 Delete including the Senate Standing
Committee Amendment (HB0027SS001/AE) to line 12, insert and renumber:
"(c) The governing body or its authorized
representative having jurisdiction over the public road shall:
(i)
Issue a written notice to any person who is in violation of subsection
(a) of this section and inform the violating party that subsequent posting in
the same place will result in a fine and a possible jail sentence. The notice
shall be delivered in person by a peace officer or mailed by both first class
mail and certified mail return receipt requested to the person's last known
mailing address;
(ii)
Remove and impound the posting or re-post as an open road; and
(iii) Demand costs for removal or reposting.
(d)
Any".
Page 3-line 7 After "($600.00)" delete balance of line and insert
".".
Page 3-line 8 Delete "illegal notice".
Page 3-line 11 Delete "(d)" insert
"(e)".
Page 5-line 3 After "($600.00)" delete balance of line and insert
".".
Page 5-line 4 Delete "illegal
notice". MEIER
03/06/2002 S Passed 3rd Reading
ROLL
CALL
Ayes:
Senator(s) Anderson, J., Boggs, Case, Cathcart, Coe, Decaria, Devin,
Geis, Goodenough, Hanes, Harris, Hawks, Hinchey, Job, Kinnison, Kunz, Larson,
Massie, Miller, C., Mockler, Peck, Roberts, Schiffer, Scott, Sessions, Vasey
and Youngbauer.
Nays:
Senator(s) Barton, Erb and Meier.
Ayes 27 Nays 3 Excused 0
Absent 0 Conflicts 0
03/06/2002 H Received for Concurrence
03/06/2002 H Did Concur
ROLL
CALL
Ayes:
Representative(s) Anderson, R., Baker, Boswell, Burns, Childers, Cohee,
Deegan, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Iekel, Illoway, Johnson,
L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McOmie, Meuli,
Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas, Parady, Paseneaux,
Petersen, Reese, Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simpson,
Slater, Stafford, Tempest, Thompson, Tipton, Warren and Watt.
Nays:
Representative(s) Diercks, Edwards, Hines, Huckfeldt, McMurtrey, Osborn,
Philp, Simons, Tomassi, Wasserburger, Willford and Wostenberg.
Ayes 48 Nays 12 Excused 0
Absent 0 Conflicts 0
03/06/2002 Assigned Number HEA No. 0012
03/07/2002 H Speaker Signed HEA No. 00012
03/07/2002 S President Signed HEA No. 0012
03/08/2002 Governor Signed HEA No. 0012
Chapter No.
0013 Session Laws of Wyoming 2002.