ADOPTED SENATE AMENDMENTS

TUESDAY, MARCH 01, 2005

HB0040S3001/AE

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Page 12-after line 2    Insert and renumber:

     "Section 4.  Notwithstanding section 3 of this act, Section 045, footnote 2 as enacted by the 2005 legislature by Senate Enrolled Act 90, being original Senate File 0001, is amended to read:

2.  The department shall provide a detailed history and comparative analysis of the revenue received and expenditures incurred by the department for the manufacture and distribution of state license plates including both the embossed and flat plate designs.  The report shall also include a review of contracts associated with the design of the plate and any patents or corporate parameters required for the manufacture and design of the plates.  The report shall be submitted to the joint transportation, highways and military affairs interim committee on or before September 1, 2006 2005.".

Page 12-line 4     Delete "4" insert "5".

Renumber as necessary.  MOCKLER

HB0040S3002/AE

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Page 12-after line 2    Insert and renumber:

"Section 4.  Notwithstanding section 3 of this act, W.S. 35-7-1059(h) as created by the 2005 legislature in House Bill 0293, if enacted into law, is amended to read:

35-7-1059.  Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.

(h)  No person shall sell in a single retail transaction more than two (2) packages as described in subsection (f) (g) of this section.".

Page 12-line 4     Delete "4" insert "5".

Renumber as necessary.  MOCKLER

HB0040S3003/AE

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Page 12–after line 2    Insert and renumber:

"Section 4.  Notwithstanding section 3 of this act, W.S. 31-7-110(k) as enacted by the 2005 legislature by Senate Enrolled Act 91, being original Senate File 0014, is amended to read:

31-7-110.  Instruction and temporary driver's permits.

(k)  The division shall suspend for a period of thirty (30) days the intermediate operating permit of any person violating any provision of subsection (h) or (j) of this section.  Records of convictions or license suspensions under this subsection (k) of this section shall not be made a part of the abstracts or records kept by the department of transportation pursuant to W.S. 31‑5‑1214 or 31‑7‑120.  Any records maintained by the department for administration of this subsection shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the provisions of this section.  Any driver's license suspension or related records under this subsection (k) of this section shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this subsection.". 

Renumber as necessary.  MOCKLER

HB0083S3001/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 1 of that amendment, in the title, delete "expert witness who has not appeared before the panel;" insert "expert in the field of medical practice;".

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 4 of that amendment, in W.S. 9-2-2907(d), after "W.S. 37-17-105" insert ", 35-2-910 and 42 U.S.C. section 11137(b)"; after "on the claimant." insert "If the health care provider fails to file an answer to the application for review, he shall pay the claimant's costs incurred by complying with the requirements of this act, and the claimant may immediately pursue the claim in a court of competent jurisdiction.".  MASSIE

HB0083S3002/AE

[TO ENGROSSED COPY]

If 2005 Senate File 0113 is enacted into law, then in the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 7 of the amendment, before "Section 4.", insert the following section and renumber as necessary:

"Section 4.  If 2005 Senate File 0113 is enacted into law, then W.S. 9-2-2907(d) is created to read:

(d)  The health care provider shall answer the claim within thirty (30) days after service and shall submit a statement authorizing the panel to inspect all medical and hospital records and information pertaining to the claim except those records which are privileged pursuant to W.S. 37-17-105 and 35-2-912.  The answer shall be filed with the director who shall serve a copy on the claimant.".

Renumber as necessary.  MASSIE

HB0083S3003/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on pages 4 and 5 of that Amendment, in W.S. 9‑2‑2908, delete subsections (a) and (b) and insert:

"(a)  The panel for each claim reviewed under this act shall consist of one (1) health care provider licensed in this state, one (1) attorney licensed in this state and one (1) layperson agreed to and chosen by the first two (2) members.  All panel members shall be residents of this state.  If feasible the health care provider member of the panel shall be from the health care provider's profession or specialty.

(b)  Within five (5) days of receipt, the director shall notify the state licensing agency of the health care provider involved of the filing of the claim and the state bar association.  Within fourteen (14) days of notification, the state licensing agency and state bar shall provide the director a list of twelve (12) of their members as proposed panelists.  To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the health care provider against whom the claim is made.  The director shall select one (1) from the list of health care providers, one (1) from the list of attorneys to serve as panelists and shall notify the parties and the panel members selected of their selection.".  JENNINGS

HB0083S3004/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 4 of that amendment, in W.S. 9‑2‑2907(d), after "pertaining to the claim" insert ", including expert witness statements,".  JENNINGS

HB0083S3005/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 3 of that amendment in W.S. 9-2-2906(d), delete "the administration of oaths,".  JENNINGS 

HB0083S3006/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 1 in the title delete "an appropriation;" insert "appropriations; authorizing positions;"; on page 7 of that amendment after "Section 3." insert "(a)"; in Section 3, after "purposes of this act." insert:  "(b)  There is appropriated from the general fund to the office of the attorney general two hundred fifty thousand dollars ($250,000.00), or as much thereof as necessary, and the attorney general is authorized two (2) additional full-time positions to carry out the purposes of this act.".  JENNINGS 

HB0083S3007/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on pages 4 and 5 of that amendment, in W.S. 9‑2‑2908, delete the Jennings Third Reading Amendment (HB0083S3003/AE) to this section and further amend as follows:  delete subsections (a) and (b) and insert:

"(a)  The panel for each claim reviewed under this act shall consist of two (2) health care providers licensed in this state, two (2) attorneys licensed in this state and one (1) layperson agreed to and chosen by the first four (4) members.  All panel members shall be residents of this state.  If feasible the health care provider members of the panel shall be from the health care provider's profession or specialty.

(b)  Within five (5) days of receipt, the director shall notify the state licensing agency of the health care provider involved of the filing of the claim and the state bar association.  Within fourteen (14) days of notification, the state licensing agency and state bar shall provide the director a list of twelve (12) of their members as proposed panelists.  To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the health care provider against whom the claim is made.  The director shall select two (2) from the list of health care providers and two (2) from the list of attorneys to serve as panelists and shall notify the parties and the panel members selected of their selection.".  SESSIONS, PECK, ROSS

HB0083S3008/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), on page 7 of that amendment delete W.S. 9-2-2913 entirely including all previous amendments thereto and insert:

"9-2-2913.  Admissibility of decision.

The decision of the panel may be admissible in any subsequent trial of the matter subject to the discretion of the trial court in accordance with the Wyoming Rules of Evidence.".  ROSS, VON FLATERN, PECK

HB0083S3009.01/ACE CORRECTED

 (DIVIDED AMENDMENT)

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), in W.S. 9-2-2906 on page 3 of that amendment, in the title of W.S. 9-2-2906, after "administration" insert "; agreement of the parties to waive submission to the panel"; after W.S. 9-2-2906(d), add the following new subsection (e) and renumber as necessary:

     "(e)  By written agreement between both parties, the parties may waive submission of the claim to the panel.".  MEIER, JENNINGS

HB0083S3010/AE

[TO ENGROSSED COPY]

In the Jennings Committee of the Whole Amendment (HB0083SW002/AE), in W.S. 9-2-2903(a)(i) on page 2 of that amendment, after ""Health care provider" means" delete through "provides health care" and insert "a person or facility licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, but does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices".  MEIER, JENNINGS

HB0112S3002/AE

[TO ENGROSSED COPY]

Page 5–line 23     Delete the Senate Standing Committee Amendment (HB0112SS001/AE) and the Nicholas Committee of the Whole Amendment (HB0112SW001/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 before submitting a bid."".

Page 10–before line 1   Delete the Nicholas Committee of the Whole Amendment (HB0112SW001/AE) and the Nicholas Third Reading Amendment (HB0112S3001/AE) to this line and further amend as follows:  insert and renumber:

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

(a)  Every such notice shall specify include:

(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 statement 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 before submitting a bid."".  NICHOLAS

Adopt the following Senate amendments:

HB0232SS001/AE

HB0232SW001/AE

HB0232SW002/AE

Delete the following Senate amendments:

HB0232SW003/AE

Further amend the ENGROSSED COPY as follows:

Page 2-line 24     After "portion" insert "(or specific percentage)".

Page 13-line 13    After "portion" insert "(or specific percentage)".  LOCKHART, BUCHANAN, ROBINSON, HAWKS, DECARIA, GEIS

HB0314S3001/ACE CORRECTED

 (CORRECTED COPY)

[TO ENGROSSED COPY]

Page 3-after line 8Insert:

"(D)  Recommend standards for attorneys that will ensure their advice remains independent of private providers and that their recommendations consider cost impacts and savings to the state of Wyoming.".  NICHOLAS

Adopt the following House amendments:

SF0018H3001/AE

Delete the following House amendments:

SF0018HS001/AE

Further amend the ENGROSSED COPY as follows:

[TO ENGROSSED COPY]

Page 3-line 22     After "order" insert ", the department dismisses the proposed cease and desist order".

Page 4-After line 11    Insert:

"(d)  The warehouseman, officer, director, employee or agent to whom a temporary cease and desist order is issued may apply to the district court for the county in which the warehouse is located for a stay of the temporary cease and desist order.  The application for stay shall be given precedence over other civil cases pending in court and shall be expedited.  The court shall grant the stay only if the warehouseman, officer, director, employee or agent shows he will be irreparably harmed unless the stay issues and there is substantial likelihood he will prevail on the merits.".

Page 11-line 17    Delete ", other sufficient financial commitment".

Page 18-lines 18 and 19      Delete entirely and insert:

"(c)  The department shall, by rule and regulation, require posting of current tariffs.".  MEIER, NICHOLAS, JOB, HAGEMAN, BROWN, DAVISON

Adopt the following House amendments:

SF0039HS001/AE

SF0039HW001/AE

Delete the following House amendments:

SF0039H3001/AE

SF0039HW002/AE     HANES, SCOTT, SESSIONS, LANDON, BARNARD, GINGERY

Delete the following House amendments:

SF0121HW001/AE     COE, COOPER, BOGGS, ANDERSON, R., ILLOWAY, REESE