ADOPTED SENATE AMENDMENTS

THURSDAY, FEBRUARY 24, 2005

HB0025SS001/AE

[TO ENGROSSED COPY]

Page 1-line 15     Before "2005" insert "either 2005 Senate Joint Resolution 2 or".

Page 2-line 8      Before "2005" insert "either 2005 Senate Joint Resolution 2 or".

Page 2-line 17     Before "2005" insert "either 2005 Senate Joint Resolution 2 or".  HINES, CHAIRMAN

HB0093SS001/AE

[TO ENGROSSED COPY]

Page 1-line 3      After "specified;" insert "providing a sunset date; providing for annual reports;".

Page 2-line 7      After "stock." insert "This subparagraph is repealed effective July 1, 2015.".

Page 2-line 20     After "stock." insert "This subparagraph is repealed effective July 1, 2015.".

Page 2-after line 20    Insert and renumber:

"Section 2.

(a)  The Wyoming business council and the department of revenue shall jointly report on or before December 1 of each year the exemption provided by this act is in effect to the joint minerals, business and economic development interim committee and the joint revenue interim committee.  The report shall evaluate the cumulative effects of the exemption from initiation of the exemption and shall include:

(i)  A history of employment in the railroad rolling stock industry in terms of numbers of employees, full-time and part-time employees, and rate of turnover;

(ii)  A history of wages and benefits disaggregated by gender for each job category; and

(iii)  A comprehensive history of taxes paid to the state of Wyoming by companies in the railroad rolling stock industry.".

Page 2-line 22     Delete "2" insert "3".  PECK, CHAIRMAN

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

HB0112SS001/AE

[TO ENGROSSED COPY]

Page 5-line 23     After "description." insert "The notice shall state whether there are liens or encumbrances that will not be discharged by the sale.".

Page 9-line 3      After "lienholder" delete ", or the".

Page 9-line 4      Delete.

Page 9-line 5      Delete through "lienholder,".

Page 13-line 1     Strike "other person".

Page 13-line 2     After stricken "assigns." insert "foreclosing mortgagee or lienholder".

Page 14-line 9     Delete "other person" insert "foreclosing mortgagee or lienholder".  HANES, CHAIRMAN

HB0112SW001/AE

[TO ENGROSSED COPY]

Page 3–line 16     After "sale." delete balance of line.

Page 3–lines 17 and 18  Delete.

Page 4–line 4      After "34‑4‑104," insert "34‑4‑105(a)(iv), (v) and by creating a new paragraph (vi),".

Page 5–line 23     Delete the Senate Standing Committee Amendment (HB0112SS001/AE) to this line and further amend as follows:  after "description." insert "The notice shall state "The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title at the county real estate records or consult an attorney before submitting a bid."".

Page 10–before line 1   Insert and renumber:

"34‑4‑105.  Publication of notice; contents.

(a)  Every such notice shall specify:

(iv)  A description of the mortgaged premises, conforming substantially with that contained in the mortgage; and

(v)  The time and place of sale.; and

(vi)  A notice that the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title at the county real estate records or consult an attorney before submitting a bid.".

Page 13–line 1     Delete the Senate Standing Committee Amendment (HB0112SS001/AE) to this line.

Page 13–line 2     Delete the Senate Standing Committee Amendment (HB0112SS001/AE) to this line.

Page 13–line 15    After "sale" insert "; and" delete balance of line.

Page 13–lines 16 and 17Delete.

Page 14–line 9     Delete the Senate Standing Committee Amendment (HB0112SS001/AE) to this line.  NICHOLAS

HB0171S3001/AE

[TO ENGROSSED COPY]

Page 1–line 15     Delete "19‑13‑202(a)(iv)" insert "19‑13‑202(a)(intro), (iv)".

Page 21–line 19    After "act" strike balance of line.

Page 21–line 20    Strike line through "apply".  MEIER, BOGGS

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

HB0262SS001/A

Page 1-line 4      Delete "air taxi and".

Page 1-line 5      After "registration;" insert "repealing obsolete provisions;".  BARRASSO, CHAIRMAN

HB0281SS001/AE

[TO ENGROSSED COPY]

Page 2-lines 15 and 16  Delete entirely and reinsert:  "verified claim for mileage to the legislative service office.".  LARSON, CHAIRMAN

HB0308SS001/AE

[TO ENGROSSED COPY]

Page 4-line 2      Delete "local governments with grants" insert "funding".

Page 4-line 3      After "officers" insert ", public defenders".

Page 4-line 8      After "substances" delete balance of line and insert ".  Funds appropriated under this section may also be used to pay for tests for the use of illegal drugs and controlled substances for persons who have been convicted of a crime or adjudicated delinquents.".

Page 4-lines 9 thru 11       Delete.

Page 4-line 17     After "governments" insert ", the Wyoming department of criminal investigation".

Page 4-line 24     Delete "local" insert "grantee.".

Page 5-lines 1 and 2    Delete.

Page 5-after line 2     Insert:

"(d)  There is hereby appropriated from the general fund one million dollars ($1,000,000.00) for competitive grants to cities and counties for probation services for juveniles sentenced to probation by circuit or municipal courts.  In awarding grants, the attorney general shall consider:

(i)  The adequacy of the system proposed for identifying juveniles who are most at risk of progressing to serious drug offenses if not placed on probation to ensure that necessary treatment requirements are complied with;

(ii)  The availability of treatment resources which can treat the probationers;

(iii)  The willingness of the local judiciary to cooperate in limiting probation to those most in need;

(iv)  The financial resources of the local government applying."

Page 5-line 4      Delete "(d)" insert "(e)".

Page 5-after line 8     Insert

"(a)  There is hereby appropriated one million dollars ($1,000,000.00) from the general fund to the department of health beginning July 1, 2005 to provide funding for the implementation of best practices prevention and intervention services including parenting skills, life skills and indicated therapeutic interventions for the children and families of those individuals receiving treating as specified in subsection 1(a) of this act.

(b)  Public or private entities may apply for grants under this section to fund prevention and intervention services to children and families of those receiving treatment.  Grant requests shall be reviewed by the department of health.  The department of health shall make recommendations for funding to the governor's advisory board on substance abuse and violent crime, which shall determine the grants to be awarded.  Any funds awarded under this section shall not supplant funds currently being used by the public or private entity for the purposes specified in this subsection.

(c)  In reviewing and awarding grants under this act, the department of health and the governor's advisory board on substance abuse and violent crime shall consider:

(i)  Geographic distribution of the prevention and intervention resources;

(ii)  A projection of the number of persons who will be served, with respect to the number of clients receiving treatment services for methamphetamine in the specified geographic region;

(iii)  Collection and reporting of data that may demonstrate the effectiveness of prevention and intervention services.".

Page 5-lines 10 thru 24      Delete.

Page 6-lines 1 thru 13       Delete.  SCOTT, CHAIRMAN

HB0329SS001/AE

[TO ENGROSSED COPY]

Page 3–line 11     Delete "University of Wyoming" insert "steering committee".  COE, CHAIRMAN

HB0329SS002/AE

[TO ENGROSSED COPY]

Page 7-line 17     Delete "one" insert "six hundred thirty-two thousand dollars ($632,000.00)".

Page 7-line 18     Delete line through "($1,500,000.00)".  HINES, CHAIRMAN

HB0329SW001/AE

 (CORRECTED COPY)

[TO ENGROSSED COPY]

Delete the Second Senate Standing Committee Amendment (HB0329SS002/AE) entirely and further amend as follows:

Page 7-line 17     Delete "one" insert "nine hundred forty-five thousand dollars ($945,000.00)".

Page 7-line 18     Delete line through "($1,500,000.00)".  LARSON, COE, ANDERSON, NICHOLAS

Adopt the following House amendments:

SF0080HW001/AE

Delete the following House amendments:

SF0080HS001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 10     After "benefits;" insert "providing a conforming amendment;".

Page 3-line 4      Delete "deposited in the employment".

Page 3-line 5      Delete the line through "27-3-207" insert "paid over to the state treasurer to be credited to the public school fund of the county in which the violation for which the penalty imposed occurred".

Page 3-line 14     After "." insert "The fine under this paragraph shall be paid over to the state treasurer to be credited to the public school fund of the county in which the violation for which the penalty imposed occurred.".

Page 3-line 16     After "27-3-305(b)(ii)," insert "27-3-307(d)(intro),".

Page 4-after line 13    Insert and renumber:

"27‑3‑307.  Eligibility when enrolled in approved training program; standards for training program approval.

(d)  Notwithstanding W.S. 27‑3‑306(a)(i), and (iii) and (iv) or 27‑3‑311(a)(i) through (iii) or any federal law relating to availability for, active search for, failure to apply for or refusal to accept suitable work, an otherwise eligible individual is eligible for benefits for any week if he is not receiving wages or compensation while participating in training in an apprenticeship program approved by the department if he:".

Page 17-line 5     Delete "immediately upon".

Page 17-lines 6 through 8    Delete entirely and insert   July 1, 2005.". SCOTT, AULLMAN, DECARIA

HASTERT, ALDEN, OSBORN