ADOPTED HOUSE AMENDMENTS

 

TUESDAY, FEBRUARY 19, 2008

 

HB0003H2001/A

 

Delete the Quarberg et al., Committee of the whole amendment (HB0003HW001/A) entirely.  ZWONITZER, DN., BROWN, ILLOWAY, SIMPSON

 

 

HB0013HS001/A

 

Page 7-line 7                           After "offer" insert "made or accepted".

 

Page 8-line 23                         Delete "and when representing himself as a psychologist,".

 

Page 16-line 17                       Delete all new language.  LANDON, CHAIRMAN

 

 

HB0033H2001/A

 

Page 3-line 8                           Before "contract" insert "valid and effective"; delete "real" insert "the".

 

Page 3-line 9                           After "and" insert "evidence of".  STUBSON

 

 

HB0036H3001/A

 

 

Page 5-line 8                           Delete "corporation or a joint-stock association" insert "business entity".

 

Page 5-line 9                           Delete "president or other" insert "person".

 

Page 5-line 10                         Delete "official".

 

Page 5-line 11                         Delete "corporation or association" insert "business entity".

 

Page 5-line 15                         Delete "corporation or association" insert "business entity".

 

Page 5-line 16                         Delete "corporation or" insert "entity pursuant to his".

 

Page 5-line 17                         Delete "association by the" after "authority" delete balance of the line and insert "to do so".

Page 5-line 18                         Delete "trustees thereof"; delete "officer" insert "person".

 

Page 5-line 19                         Delete "corporation or association" insert "business entity".

 

Page 5-line 21                         Delete "corporation or association." insert "business entity.  For purposes of this subsection "business entity" means corporation, limited liability company, partnership or other entity, whether for profit or not for profit, authorized to be formed under title 17 of the Wyoming statutes or the laws of another state that are the functional equivalent.".  BROWN

 

 

HB0043HS001/A

 

Page 1-line 2                           After ";" insert "providing for calculation of time periods for purposes of penalties;".

 

Page 1-line 7                           Delete "(e)"; after "(ii)" insert "and by creating a new paragraph (iii)".

 

Page 1-lines 12 through 16     Delete entirely.

 

Page 2-lines 1 through 7                     Delete entirely.

 

Page 2-line 22                         After "for not" insert "less than seven (7) days nor"; reinsert stricken "one".

 

Page 2-line 23                         Reinsert all stricken language and delete all new language.

 

Page 2-line 24                         Delete "($5,000.00)"; after "both" insert ", and shall not be eligible for probation, suspension of sentence or release on any other basis until he has served at least seven (7) days in jail".

 

Page 3-line 18                         After "both" strike "." insert ";".

 

Page 3-After line 18                Insert:

 

"(iii)  For the purposes of calculating penalties under this subsection, the time periods shall be based on the dates that the charged offenses occurred, not on the dates of the convictions for those offenses.".  BUCHANAN, CHAIRMAN

 

 

 

 

HB0046HS001/A

 

Page 1-line 4                           After "officers" insert "as specified;".

 

Page 1-line 9                           After "6-3-203(e)," insert "and (n), 11-29-101(a) by creating a new paragraph (iv) and renumbering (iv) as (v),".

 

Page 2-line 5                           Delete ":"; reinsert stricken "a subsequent offense".

 

Page 2-line 7                           Reinsert stricken "is a high misdemeanor punishable by not".

 

Page 2-lines 8 and 9                Reinsert stricken language.

 

Page 2-lines 11 through 22     Delete entirely.

 

Page 2-After line 22                Insert:

 

"(n)  A person commits a felony if he commits aggravated cruelty to animals as defined in subsection (c) of this section or knowingly and with intent to cause death, injury or undue suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the death or required euthanasia of the animal. A felony under this subsection or subsection (c) of this section is punishable by not more than two (2) years imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

 

11-29-101.  Definitions.

 

(a)  As used in this act:

 

(iv)  "Livestock" means as defined in W.S. 11-20-101(a)(iv);

 

(iv) (v)  "This act" means W.S. 11-29-101 through 11-29-113.".

 

Page 3-lines 4 and 5                Delete all new language.

 

Page 3-line 7                           After "presence." Insert "Any municipal or county animal control officer may lawfully interfere to prevent the perpetration in his presence of any act of cruelty upon any domesticated animal.  If the domesticated animal is livestock, the municipal or county animal control officer shall immediately notify a peace officer or an agent or officer of the board.".

 

Page 3-lines 18 and 19                        Delete all new language.

 

Page 3-line 20                         After "treated" insert "Any municipal or county animal control officer may take charge of any domesticated animal found abandoned, neglected or cruelly treated.  If the domesticated animal is livestock, the municipal or county animal control officer shall immediately notify a peace officer or an agent or officer of the board.".

 

Page 3-line 21                         Strike "He" insert "Any peace officer, municipal or county animal control officer or agent or officer of the board taking charge of any animal".   CHILDERS, CHAIRMAN

 

 

HB0046HW001/A

 

Page 1-line 2                           Delete "providing for".

 

Page 1-line 3                           Delete entirely.

 

Page 1-line 4                           Delete the line through "officers;" including the standing committee amendment (HB0046HS001/A) to this line.

 

Page 1-line 9                           After "6-3-203(e)" delete balance of line including the standing committee amendment (HB0046HS001/A) to this line and insert "and (n)".

 

Page 1-line 10                         Delete the line through "are" insert "is".

 

Page 2-After line 22                Delete the standing committee amendment (HB0046HS001/A) to this line and insert:

 

"(n)  A person commits a felony if he commits aggravated cruelty to animals as defined in subsection (c) of this section or knowingly and with intent to cause death, injury or undue suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the death or required euthanasia of the animal. A felony under this subsection or subsection (c) of this section is punishable by not more than two (2) years imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both."

 

Page 3-lines 1 through 24       Delete entirely including the standing committee amendment (HB0046HS001/A) to these lines.

 

Page 4-lines 1 through 15       Delete entirely.  JAGGI, BERGER, BROWN, OLSEN

 

 

 

 

 

HB0048HS001/A

 

Page 1-line 5                           After "entities;" insert "modifying interest requirement;"

 

Page 2-line 11                         Strike "may" insert "shall".

 

Page 2-line 14                         Strike "six percent".

 

Page 2-line 15                         Strike the line through "(12%)" insert "four percent (4%)".  LOCKHART, CHAIRMAN

 

HB0067HW001/A

 

Page 1-line 3                           After ";" insert "providing requirements as specified;".

 

Page 1-line 14                         After "College" insert "and only after the college has completed a value engineering analysis of the project.".  PHILP, BERGER

 

HB0076HS001/A

 

Page 1-line 3                           After "gang;" delete balance of line.

 

Page 1-line 4                           Delete entirely.

 

Page 1-line 5                           Delete line through "gang;".

 

Page 1-line 7                           After "graffiti;" delete balance of line.

 

Page 1-line 8                           Delete line through "defacement;".

 

Page 1-line 13                         Delete "and 6-10-111 are" insert "is".

 

Page 2-line 12                         Delete "felony" insert "high misdemeanor".

 

Page 2-lines 14 through 24     Delete entirely and insert "of up to one (1) year, a fine of up to one thousand dollars ($1,000.00), or both.".

 

Page 3-lines 1 through 23       Delete entirely.

 

Page 4-line 2                           Delete ", (b)(iii)".

 

Page 7-lines 20 through 24     Delete entirely.

 

Page 8-lines 1 through 3                     Delete entirely. 

BUCHANAN, CHAIRMAN

HB0085HS001/A

 

Page 1-line 15                         After "markets." insert "This program shall provide for the testing of livestock for brucellosis only to the extent that may be reasonably necessary to maintain the brucellosis-free status of the state of Wyoming.".  DIERCKS, VICE-CHAIRMAN

 

 

HB0085HS002/A

 

Page 3-line 4                           After "appropriation" delete balance of line and insert "shall be reduced dollar for dollar by any appropriation to the Wyoming livestock board for brucellosis testing contained in 2008 Senate File 0001 as enacted into law.".

 

Page 3-line 5                           Delete entirely.

 

Page 3-line 6                           Delete the line through "session.".

 

Page 3-lines 19 through 23     Delete entirely.  PHILP,CHAIRMAN

 

 

HB0097HS001/A

 

Page 1-Above line 1     In the catch title delete "continuances" insert "timelines".

 

Page 1-line 1      Delete "authorizing continuances" insert "modifying timelines".

 

Page 1-lines 7 through 17    Delete entirely and insert:

 

"Section 1.  W.S. 14‑3‑409(c), 14‑3‑426(b), 14‑6‑209(c), 14‑6‑226(b), 14‑6‑409(c) and 14‑6‑426(b) are amended to read:

 

14‑3‑409.  Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

 

(c)  The parents, guardian or custodian shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary team recommendations, in accordance with the provisions of W.S. 14‑3‑429, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) ninety (90) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a denial is entered.

 

14‑3‑426.  Initial appearance; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

 

(b)  If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) ninety (90) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a denial is entered. Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any shelter care.

 

14‑6‑209.  Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

 

(c)  The child shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary team recommendations, in accordance with the provisions of W.S. 14‑6‑229, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) ninety (90) days for an adjudicatory hearing or a transfer hearing, unless the court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a denial is entered.

 

14‑6‑226.  Initial appearance; adjudicatory or transfer hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

 

(b)  If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) ninety (90) days for an adjudicatory or a transfer hearing, unless the court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a denial is entered. Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any detention or shelter care.

 

14‑6‑409.  Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

 

(c)  The child shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary recommendations, in accordance with the provisions of W.S. 14‑6‑429, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) ninety (90) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a denial is entered.

 

14‑6‑426.  Initial appearance; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

 

(b)  If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) ninety (90) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing,. but in no case shall the court hold the adjudicatory hearing more than ninety (90) one hundred twenty (120) days after the date the petition is filed a denial is entered. Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any detention or shelter care.".

 

Page 2-lines 1 through 8     Delete entirely.  BUCHANAN, CHAIRMAN

 

 

HB0109HS001/A

 

 

Page 1-line 1                           Delete "excluding" insert "restricting".

 

Page 1-line 2                           After "access" delete balance of line and insert "prices as specified;".

 

Page 1-line 3                           Delete entirely.

 

Page 1-line 4                           Delete the line through ";".

 

Page 2-line 1                           Delete all new language.

 

Page 2-line 7                           After "funds" insert "or increase switched access prices".  ILLOWAY, CHAIRMAN