ADOPTED HOUSE AMENDMENTS

THURSDAY, FEBRUARY 24, 2005

Adopt the following Senate amendments:

HB0107S2003/AE

Delete the following Senate amendments:

HB0107S2001/AE

HB0107S2002/AE

HB0107SS001/ACE

Further amend the ENGROSSED COPY as follows:

Page 1-line 14     Delete "35-22-417" insert "35-22-416".

Page 5-lines 2 through 6          Delete entirely.

Page 5-After line 18    Insert:

"(xiv)  "Primary health care provider" means any person licensed under the Wyoming statutes practicing within the scope of that license as a licensed physician, licensed physician's assistant or licensed advanced practice registered nurse;".

Page 6-line 21     Before "health" insert "primary".

Page 7-line 20     Delete "35-22-417" insert "35-22-416".

Page 12-line 4     After "an" delete balance of the line and insert "intention to revoke.  Any oral revocation shall, as soon as possible after the revocation, be documented in a writing signed and dated by the individual or a witness to the revocation.".

Page 12-lines 5 through 8    Delete entirely.

Page 13-lines 3 through 8    Delete entirely and insert:

"(a)  An advance health care directive may be substantially in the following form, but in addition may include other specific directions.  The other sections of this act govern the effect of this or any other writing used to create an advance health care directive.  If any of the other specific directions are held to be invalid, the invalidity shall not affect other directions of the directive that can be given effect without the invalid direction and to this end the directions in the directive are severable:".

Page 26-After line 21   Insert:

"(b)  Subsection (a) of this section is repealed effective June 30, 2009.  Thereafter, an advance health care directive may be in any form not inconsistent with this act.".

Page 35-line 15    Delete "for unprofessional conduct".

Page 39-After line 17        Insert and renumber:

"(f)  Any cardiopulmonary resuscitation directives developed under W.S. 35-22-201 through 35-22-208 shall remain in effect unless specifically revoked by the advance health care directive.".

Page 40-lines 12 through 19       Delete entirely and insert:

"Section 2.  W.S. 3-2-106(e)(i) and (ii), 3-2-202(a)(iv), 3-5-101(b), 35-20-102(a)(xi)(B) and 35-20-103(e) are amended to read:

3-2-106.  Appointment of a temporary or emergency guardian.

(e)  An emergency guardian may be appointed without notice to the proposed ward or the guardian ad litem only if the court finds by a preponderance of the evidence from affidavit or testimony that the proposed ward will be substantially harmed before a hearing on the appointment can be held.  If the court appoints an emergency guardian immediately, without notice to the proposed ward or the guardian ad litem, the proposed ward and guardian ad litem shall be given notice of the appointment within forty-eight (48) hours after the appointment.  The court shall hold a hearing on the appropriateness of the appointment within seventy-two (72) hours after the appointment.  Emergency guardians appointed without notice and hearing shall have authority to make medical and medically related decisions only, except emergency guardians shall not have authority with respect to a person who has been made a ward pursuant to this subsection or subsection (d) of this section to:

(i)  Execute a durable power of attorney for healthcare for the ward pursuant to W.S. 3-5-202 35-22-403(b);

(ii)  Execute a living will an individual instruction for the ward pursuant to W.S. 35-22-102 35-22-403(a);

3-2-202.  Powers of the guardian subject to approval of the court.

(a)  Upon order of the court, after notice and hearing and appointment of a guardian ad litem, the guardian may:

(iv)  Execute any appropriate advance medical directives, including durable power of attorney for health care under W.S. 3-5-201 et seq. 35-22-403(b) and living will an individual instruction under W.S. 35-22-101 et seq 35-22-403(a).

3-5-101.  When power of attorney not affected by disability.

(b)  Subject to the restrictions in W.S. 3-5-202 35-22-403, the authority of the attorney in fact or agent may be exercised by him on behalf of the principal according to the terms stated in the power of attorney instrument notwithstanding the subsequent disability or incapacity of the principal or uncertainty concerning whether the principal is alive or deceased.

35-20-102.  Definitions.

(a)  As used in this act:

(xi)  "Neglect" means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, and other care necessary to maintain a vulnerable adult's life or health, or which may result in a life-threatening situation. The withholding of health care from a vulnerable adult is not neglect if:

(B)  The withholding of health care is in accordance with a declaration executed pursuant to W.S. 35-22-101 through 35-22-109 35-22-401 through 35-22-416.

35-20-103.  Reports of abuse, neglect or exploitation of vulnerable adult; reports maintained in central registry.

(e)  Any report or notification to the department that a vulnerable adult is, or is suspected of being, abused, neglected, exploited or abandoned, or is committing self neglect, shall be investigated, a determination shall be made whether protective services are necessary and, whether a valid declaration an individual instruction exists under W.S. 35-22-101 through 35-22-109 35-22-401 through 35-22-416. If determined necessary, protective services shall be furnished by the department within three (3) days from the time the report or notice is received by the department. The investigation may include a visit to the facility in which the vulnerable adult resides and an interview with the vulnerable adult.".

Renumber as necessary.  HARVEY, OSBORN, SIMPSON, SCOTT, BARRASSO, MOCKLER

Adopt the following Senate amendments:

HB0235S2002/AE

Delete the following Senate amendments:

HB0235SW001/AE

Further amend the ENGROSSED COPY as follows:

Page 3-line 17     Delete ", B or C".  ANDERSON, R., MORGAN, WHITE, PECK, AULLMAN, JOB

SF0019HS001/ACE

 (CORRECTED COPY)

[TO ENGROSSED COPY]

Page 1-line 3      After ";" insert "providing an appropriation;".

Page 2-lines 1 through 15    Delete entirely.

Page 2-line 17     Delete "(vi)" insert "(i)".

Page 2-line 22     Delete "(vii)" insert "(ii)".

Page 3-line 2      Delete "(viii)" insert "(iii)".

Page 3-line 6      Delete "(ix)" insert "(iv)".

Page 3-line 10     Delete "(x)" insert "(v)".

Page 3-line 13     Delete "and".

Page 3-line 15     Delete "(xi)" insert "(vi)".

Page 3-line 19     Delete "." insert ";".

Page 3-After line 19    Insert:

"(vii)  One (1) at-large representative appointed by the state loan and investment board to represent families; and

(viii)  One (1) representative from either the forest products industry or the forestry profession, appointed by the state loan and investment board.".

Page 5-After line 19    Insert:

"Section 2.  Thirty thousand dollars ($30,000.00) is appropriated from the general fund to the office of state lands and investments to fund interim meetings and activities of the task force and to contract with appropriate professionals as necessary to complete the duties assigned to the task force in section 1 of this act.".

Page 6-line 1      Delete "2." insert "3.".  HAGEMAN, CHAIRMAN

SF0041HS001/AE

[TO ENGROSSED COPY]

That Substitute No. 2 for SF0041 Engrossed DO Pass.  CHILDERS, CHAIRMAN

SF0041HS002/AE

[TO SUBSTITUTE BILL No. 2]

Page 1-line 5      Delete "appropriations" insert "an appropriation".

Page 18-lines 4 through 6    Delete entirely.

Page 18-line 8     Delete "(b)".  PHILP, CHAIRMAN

SF0041HW001/AE

[TO SUBSTITUTE BILL No. 2]

Page 12-line 19    After "committee" insert ", the select committee".

Page 13-line 6     After "(j)" delete balance of the line.

Page 13-lines 7 through 9    Delete entirely.

Page 14-line 24    After "committee" insert ", the select committee".

Page 18-After line 14     Insert: 

"Section 3.  Notwithstanding the date specified in W.S. 28-11-401 created by this act, initial appointments to the select natural resource funding committee shall be made not later than July 15, 2005.".

Renumber as necessary.  CHILDERS

SF0041HW004/AE

[TO SUBSTITUTE BILL No. 2]

Page 8-After line 7     Insert:

"(h)  The board shall not require public access to private land as a condition to receive any grant funds under this act.". 

Renumber as necessary.  PHILP, ANDERSON, R.

SF0041HW005/AE

[TO SUBSTITUTE BILL No. 2]

Page 14-line 9     Delete "are not intended to" insert "shall not".  CHILDERS

SF0041HW006/AE

[TO SUBSTITUTE BILL No. 2]

Page 14-line 15    After "awarded" insert "nor shall the board accept any funds or any other property under this act from any private or public source other than legislative appropriations".  CHILDERS

SF0041HW007/AE

[TO SUBSTITUTE BILL No. 2]

Page 11-after line 24   Insert:  "(vii)  Consider the socioeconomic impacts of the grant proposal on the community affected;".

Page 12-line 2     Delete "(vii)" insert "(viii)".  CHILDERS

SF0041HW008/AE

[TO SUBSTITUTE BILL No. 2]

Page 8-lines 1 through 7          Delete the Gingery committee of the whole amendment (SF0041HW002/AE) to these lines.

Page 8-line 4      After "Wyoming." delete balance of the line.

Page 8-lines 5 through 7          Delete entirely and insert:

"(h)  No water right shall be accepted under this act as a gift, transfer, bequest or donation unless the right is attached to real property accepted under the terms of this act.  Any change of use of a water right acquired in this manner shall be done in full compliance with all provisions of Wyoming law.". 

Page 11-line 20    Delete ".  Criteria" insert ";".

Page 11-lines 21 through 24       Delete entirely. 

Renumber as necessary.  CHILDERS

SF0041HW009/AE

[TO SUBSTITUTE BILL No. 2]

Page 7-line 20     After "domain" insert "." and delete balance of the line.

Page 7-lines 21 through 23   Delete entirely and insert:

"(g)  The board may only accept an interest in property if the property is willingly conveyed by the holder of the interest.  The board may in its sole discretion reject any offer to convey property to any account or to the board under this act.  The board shall require that any appraisal of real property conducted at the direction of the board under this act shall reflect the fair market value of the property.

(h)  The board may recommend that the board of land commissioners dispose of any interest in real property within the trust account when the board determines that disposal of the interest would be in the best interests of the trust account.  The net proceeds from any disposition of real property pursuant to this subsection shall be deposited to the trust account.".

Page 8-line 2      After "fee" insert "simple".

Page 11-line 13    Delete "Consider" insert "Review and monitor".

Page 12-line 14    Delete "Join" insert "Participate".

Page 13-line 2     After "include" insert "all".

Page 13-line 22    Delete "unique".

Page 14-line 15    Delete "final adoption".

Page 14-line 16    Delete the line through "regulations" insert "rules and regulations adopted by the board".

Page 14-line 17    After "(f)" insert "have become effective".

Page 14-line 22    Delete "biennially" insert "annually".

Page 18-After line 14   Insert:  "Section 3.  No rule promulgated under this act shall become effective until March 31, 2006.".

Renumber as necessary.  SIMPSON, BROWN, BUCHOLZ, CHILDERS

SF0041HW010/A

[TO SUBSTITUTE BILL No. 2]

Delete the Gingery Committee of the Whole amendment (SF0041HW002/AE) entirely.  Further amend Substitute Bill No. 2 as follows:

Page 1-line 3      Delete the first "accounts" insert "account"; delete the second "accounts" insert "account".

Page 1-line 5      Delete "accounts" insert "account".

Page 2-line 16     After "9-15-103(b)" delete balance of the line and insert ";".

Page 2-line 17     Delete entirely.

Page 2-line 20     Delete entirely and insert "the grant sought under this act".

Page 3-line 9      After "which" delete "a".

Page 3-line 10     Delete entirely and insert "the grant sought under this act is".

Page 3-line 11     After "($200,000.00)" insert ";" and delete balance of the line.

Page 3-lines 12 and 13       Delete entirely.

Page 3-line 23     Delete "accounts" insert "account".

Page 4-line 20     After "corpus." delete balance of the line.

Page 4-lines 21 and 22  Delete entirely.

Page 5-lines 1 through 12    Delete entirely and insert:

"(b)  The state treasurer shall credit annually to a Wyoming wildlife and natural resource trust income account the interest earned from investment of the trust account corpus. The legislature may, from time to time, appropriate funds directly to the income account for distribution in accordance with the terms of this act.  Such specially appropriated funds shall be credited directly by the state treasurer to the income account and are available to the board for award of grants as otherwise permitted by this act.".

Page 5-line 16     Delete "private donations".

Page 5-line 18     Delete "private donations".

Page 5-line 22     Delete "either" insert "the".

Page 6-line 2      Delete "accounts" insert "account".

Page 10-line 2     Delete "either" insert "the".

Page 10-line 5     Delete "from".

Page 10-line 6     Delete the line through "account".

Page 10-lines 8 through 11        Delete entirely.

Page 10-line 12    Delete the line through "act."; delete "public".

Page 10-line 16    Delete "public". 

Page 11-line 2     Delete "accounts" insert "account".

Page 13-line 1     Delete "accounts" insert "account".

Page 13-line 8     Delete "public".

Page 13-line 15    Delete "public".

Page 16-line 22    Delete "public".

Page 17-line 20    Delete "by the legislature" insert "under this act".

Page 18-line 9     Delete "public".  CHILDERS, BROWN

SF0041HW014/AE

[TO SUBSTITUTE BILL No. 2]

Page 4-line 13     Delete "to".

Page 4-line 14     Delete the line through "act".  LUBNAU

SF0046H3002/AE

[TO ENGROSSED COPY]

Page 2-line 3      Delete "county" insert "school district".

Page 2-line 6      After "district" delete balance of line.

Page 2-line 7      Delete "county-wide" insert "district-wide".

Page 2-line 12     Delete "a" insert "the"; after "district" delete balance of line.

Page 2-line 13     Delete "county".

Page 2-line 15     Delete "county" insert "school district".

Page 2-line 21     Delete "county" insert "school district".

Page 3-line 1      Delete "Twenty-eight thousand dollars ($28,000.00)" insert "Fifty-three thousand dollars ($53,000.00)".  DIERCKS

SF0058HS001/AE

[TO ENGROSSED COPY]

Page 2-line 18     After "taxes" insert ", medicare".  LANDON, CHAIRMAN

Delete the following House amendments:

SF0082H2002/AE  MASSIE, JENNINGS, TOWNSEND, OSBORN, HARVEY

SF0119HS001/A

Page 2-line 9      Delete "calculated as follows:" insert "as established by the state auditor to be reflective of the average of all direct and indirect costs of driving a motor vehicle.  In establishing the mileage rate the state auditor:

(i) May use a rate established by another entity if the rate reflects these costs;

(ii) Shall adjust the rate each year on January 1;

(iii) Shall not establish the rate at an amount exceeding the maximum nontaxable rates allowed by the internal revenue service at the time of travel.".

Page 2-lines 11 through 15   Delete.  PHILP, CHAIRMAN

SF0132H2001/AE

[TO ENGROSSED COPY]

Page 1-line 5      Delete "requiring" insert "authorizing fire departments, ambulance service providers and local and regional emergency response teams to require".

Page 1-line 12     Delete "(a)" insert "by creating a new subsection (e)".

Page 2-lines 17 through 23   Delete entirely.

Page 3-lines 1 through 24    Delete entirely, including the standing committee amendment (SF0132HS001/AE) to these lines.

Page 4-lines 1 and 2    Delete entirely and insert:

"(e)  Any public or private fire department, ambulance service or regional emergency response team may as a condition of employment or other participation with the entity require all applicants for employee, volunteer or membership positions with the entity to submit to fingerprinting in order to obtain state and national criminal history record information.".  SEMLEK

SF0154HS001/A

Page 2-line 4      Strike "It" insert "Surgical treatment of the ankle and tendons that insert into the foot shall be limited to licensed podiatrists who have complete a podiatric surgical residency training program as approved by the board through rule and regulation.  Podiatry also".

Page 2-line 18     After "podiatry." strike balance of the line.

Page 2-line 19     Strike entirely.  OSBORN, CHAIRMAN