ADOPTED HOUSE AMENDMENTS
WEDNESDAY, JANUARY 29, 2003
HB0043H2001/A
Delete the second standing committee amendment (HB0043HS002/A) entirely and further amend as follows:
Page 2-line 12 Delete "two hundred percent (200%)" insert "one hundred seventy-five percent (175%)".
Page 4-line 22 Delete "one million four".
Page 4-line 23 Delete.
Page 4-line 24 Delete "($1,445,046.00)" insert "six hundred ninety-one thousand four hundred eighty-eight dollars ($691,488.00)".
Page 5-line 3 After "act." delete balance of line.
Page 5-lines 4 and 5 Delete. NICHOLAS, MEULI
HB0077HS001/A
Page 4-line 4 Delete "grantor" insert "settlor".
Page 4-line 5 Delete "or" insert ","; after "protector" insert "or other persons designated by the instrument".
Page 14-line 8 After "beneficiaries" insert "in writing".
Page 14-line 10 Delete "thirty (30)" insert "sixty (60)".
Page 15-line 4 Delete "thirty (30)" insert "sixty (60)".
Page 16-line 2 Delete "likely to result" insert "that results".
Page 16-line 15 After "waived" insert "in writing".
Page 22-After line 22 Insert:
"(d) If venue is not established under subsection (c) of this section, venue shall be proper in the first judicial district court in Laramie county.".
Page 25-line 8 After "with" insert "primary".
Page 41-line 5 After "give" insert "written".
Page 41-line 8 After "objects" insert "in writing"; delete "the date" insert "receipt".
Page 41-line 12 Delete "the date" insert "receipt".
Page 41-line 17 Delete "of the date" insert "after receipt".
Page 49-line 1 Delete "person" insert "creditor"; after "may" insert "file a claim against the assets of the trust or".
Page 49-line 5 Delete "Three (3)" insert "Two (2)".
Page 49-lines 7 through 11 Delete.
Page 49-line 13 Delete "(iii)" insert "(ii)".
Page 49-line 21 Delete "(iv)" insert "(iii)".
Page 50-line 5 After "claims" insert "in writing".
Page 50-line 14 Delete "person" insert "creditor".
Page 55-line 18 Delete "Three (3)" insert "Two (2)".
Page 56-line 14 After "trustee" insert "in writing".
Page 67-line 5 After "shall" delete balance of line.
Page 67-line 6 Delete the line through "to" insert "notify".
Page 67-line 7 After "beneficiaries" insert ", in writing, of any change in the method or rate of the trustee's compensation. Notice shall be given not less than sixty (60) days in advance of any change, unless the notice is waived by the written consent of all qualified beneficiaries. The notice of a proposed change in the method or rate of trustee's compensation shall include:
(i) The current trustee's compensation;
(ii) The proposed change to the trustee's compensation;
(iii) An explanation of the reasons for the change in compensation;
(iv) The date upon which the change in compensation is to take effect; and
(v) The date, not less than sixty (60) days after giving notice, by which a qualified beneficiary is required to notify the trustee in writing of an objection to the change in compensation".
Page 67-After line 22 Insert:
"(d) The authority of a trustee under this section to change the trustee's rate or method of compensation terminates if a majority of the qualified beneficiaries notify the trustee of objections to the proposed change in compensation on or before the date specified in the notice.".
Page 68-line 6 Delete "and".
Page 68-After line 6 Insert:
"(ii) Expenses that were properly incurred in responding to an objection to a proposed change in the method or rate of the trustee's compensation; and".
Page 68-line 8 Delete "(ii)" insert "(iii)".
Page 68-lines 18 through 22 Delete entirely and insert:
"(a) The powers and discretions of a trust protector shall be provided in the trust instrument or may be established or modified by a judicial order, and may, in the best interests of the trust, be exercised or not exercised in the sole and absolute discretion of the trust protector and shall be binding on all other persons. The powers and discretions may include the following:".
Page 69-lines 12 and 13Delete.
Page 69-line 15 Delete "(iv)" insert "(iii)".
Page 69-line 17 Delete "(v)" insert "(iv)".
Page 69-line 20 Delete "(vi)" insert "(v)".
Page 69-line 23 Delete "(vii)" insert "(vi)".
Page 70-line 2 Delete "(viii)" insert "(vii)".
Page 70-line 6 Delete "(ix)" insert "(viii)".
Page 70-line 9 Delete "(x)" insert "(ix)".
Page 70-line 12 Delete "(xi)" insert "(x)".
Page 70-line 16 Delete "(xii)" insert "(xi)"; after "To" insert "increase or decrease any interest of the beneficiaries to the trust, to".
Page 70-line 17 Before "terminate" insert "to".
Page 70-line 18 Delete "an" insert "a modification,".
Page 70-line 23 Delete "The".
Page 70-line 24 Delete.
Page 71-lines 1 through 3 Delete.
Page 112-line 13 Delete "one (1)".
Page 112-line 14 Delete "year" insert "two (2) years".
Page 112-line 15 Delete "was sent" insert "received".
Page 115-line 10 After "consented" insert "in writing". SIMPSON, CHAIRMAN
HB0088HS001/A
Page 1-line 9 Delete "(xxi)" insert "(xxii)".
Page 1-line 11 Delete "(xv)" insert "(xvi)".
Page 3-line 2 Delete "." insert ";".
Page 3-after line 2 Insert:
"(xxii) "NAICS" means the Northern American Industry Classification System manual of 2002 that organizes establishments into industries on the basis of the activity in which they are primarily engaged.".
Page 3-lines 18 and 19 Delete entirely and insert:
"(I) Is to a manufacturer classified by the department under the NAICS code manufacturing sector 31-33;
(II) Does not include non-capitalized machinery; and".
Page 3-line 21 Delete "(II)" insert "(III)".
Page 5-line 7 Delete "." insert ";".
Page 5-after line 7 Insert:
"(xvi) "NAICS" means the Northern American Industry Classification System manual of 2002 that organizes establishments into industries on the basis of the activity in which they are primarily engaged.".
Page 5-line 20 Delete "sale" insert "purchase".
Page 5-lines 23 and 24 Delete entirely and insert:
"(I) Is by a manufacturer classified by the department under the NAICS code manufacturing sector 31-33;
(II) Does not include non-capitalized machinery; and".
Page 6-line 2 Delete "(II)" insert "(III)". LAW, CHAIRMAN
HB0117H2001/A
Page 2-line 2 Delete "(a) and".
Page 11-lines 9 through 12 Delete. ILLOWAY