ADOPTED SENATE AMENDMENTS

 

FRIDAY, MARCH 07, 2008

 

HB0155JC01/AA

Delete the following Senate amendments:

HB0155S2001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 9-line 6      Delete "eight hundred" insert "four hundred thousand dollars ($400,000.00)".

 

Page 9-line 7      Delete the line through "($800,000.00)".

 

IEKEL, HALES, SCOTT, GEIS, HASTERT

 

 

 

SF0009JC02/AA

SF0009JC02

TO ENGROSSED COPY

 

Delete the following House amendments:

SF0009H2001/AE

SF0009H3001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 3      After "members" delete balance of line and insert "of any public employer retirement system;".

 

Page 1-line 4      Delete entirely.

 

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

 

Page 1-line 10     After "W.S." delete balance of line.

 

Page 1-line 11     Delete "(e),"; after "(a)" delete "and 35-9-610 are" and insert "and by creating a new subsection (e) is".

 

Page 1-line 13 through 16    Delete entirely.

 

Page 2-lines 1 through 8          Delete entirely.

 

Page 2-line 12     After "(a)" insert "Except as provided in subsection (e) of this section,"; delete all new language.

 

Page 2-line 13     Delete all new language.

 

Page 2-After line 19    Insert:

 

"(e)  Notwithstanding subsection (a) of this section and as provided in the Wyoming Governmental Claims Act, individual board members of a retirement system are immune from liability while acting within the scope of administering and operating a retirement system and are not personally liable for breaches of fiduciary duties in carrying out system administration and operation except in cases of willful misconduct, intentional torts or illegal acts.".

 

Page 2-lines 21 through 23   Delete entirely.

 

Page 3-lines 1 through 19    Delete entirely.

 

Page 3-line 22     After "of" insert "any".

 

Page 3-lines 23 and 24  Delete entirely and insert "board member under the Uniform Management of Public Employee Retirement Systems Act".

 

Page 4-line 1      Delete "pension board,".     CASE, PERKINS, ROSS, BROWN, MARTIN, WARREN. 

 

 

 

SF0021JC02/AA

SF0021JC02

TO ENGROSSED COPY

 

Delete the following House amendments:

SF0021H3001/ACE    JENNINGS, MASSIE, PETERSON, WALLIS, CRAFT, MCOMIE. 

 

 

 

SF0027JC01/AA

SF0027JC01

TO ENGROSSED COPY

 

Delete the following House amendments:

SF0027H2002/ACE

SF0027H2004/AE

SF0027H2005/AE

SF0027HW001/AE

 

Further amend the ENGROSSED COPY as follows:

 

Page 1-line 2      After "counties;" insert "providing procedures for declaring a nuisance; providing for resolutions establishing standards;".

 

Page 1-After line 4     Insert and renumber:

 

     "Section 1.  W.S. 18-2-115 is created to read:

 

     18-2-115.  Nuisance abatement; procedures.

 

     (a)  A board of county commissioners shall, by resolution, establish standards for determining when a site may be declared a nuisance under W.S. 18-2-101(a)(viii).

 

     (b)  A board of county commissioners may issue an order declaring a property to be a nuisance under W.S. 18-2-101(a)(vii) and shall provide written notice to the owner or occupant of the property describing with specificity the nature of the nuisance and the steps required for abatement.  The order shall be in writing, shall state the grounds for the order and shall be filed in the office of the clerk of the district court of the county in which the property is situated.  A copy of the order shall be served in accordance with the Wyoming Rules of Civil Procedure upon the owner or occupant with a written notice that the order has been filed and shall remain in force, unless the owner or occupant files his objections or answer with the clerk of the district court within twenty (20) days.  A copy of the order shall be posted in a conspicuous place upon the property.

 

     (c)  Within twenty (20) days of service of an order issued under subsection (b) of this section, the owner or occupant may file with the clerk of the district court and serve upon the board of county commissioners issuing the order, an answer denying the existence of any of the allegations in the order.  If no answer is filed and served, the order shall become a final order declaring the site a nuisance and fix a time when the order shall be enforced.  If an answer is filed and served, the court shall hear and determine the issues raised as set forth in subsection (d) of this section.

 

     (d)  The court shall hold a hearing within twenty (20) days from the date of the filing of the answer.  If the court sustains all or any part of the order, the court shall issue a final order and fix a time within which all or any part of the final order shall be enforced.

 

     (e)  An appeal from the judgment or final order of the district court may be taken by any party to the proceeding in accordance with the Wyoming Rules of Appellate Procedure.".

 

Page 1-line 6      Delete "1" insert "2".

 

Page 2-line 4      Delete "through resolution" insert "as provided in W.S. 18-2-115".

 

Page 2-line 5      Delete "resolution" insert "final order issued pursuant to W.S. 18-2-115.".

 

Page 2-line 6      Delete.

 

Page 2-line 7      Delete "paragraph.".

 

Page 2-line 10     After "Whoever" delete balance of line and insert "fails to comply with a final order shall be assessed a civil penalty of up to one hundred dollars ($100.00) per day for each day the violation continues.".

 

Page 2-lines 11 through 14   Delete.

 

Page 2-line 15     Delete through "nuisance." insert "No resolution issued pursuant to this paragraph shall regulate any  permitted industrial facility or oil and gas or mining operations necessary to the extraction, production or exploration of the mineral resources.".

 

Page 3-line 15     Delete "2" insert "3".  ROSS, BEBOUT, PERKINS, STUBSON, ILLOWAY, THRONE. 

 

 

 

SF0065JC01/AA

SF0065JC01

TO ENGROSSED COPY

 

Adopt the following House amendments:

SF0065HS001/AE

 

Delete the following House amendments:

SF0065H2001/AE   ROSS, BURNS, DECARIA, GINGERY, BAGBY, DOCKSTADER.