ADOPTED SENATE AMENDMENTS

 

MONDAY, JANUARY 19, 2009

 

SF0002SS001/A

 

 

Page 2-line 21     Delete "such" insert "those".

 

Page 4-line 24     After "system" insert ",".

 

Page 5-line 19     Delete "such" insert "the".

 

Page 7-line 8      After "(m)" delete balance of line.

 

Page 7-line 9      Delete through "2010.".

 

Page 10-line 4     Delete.

 

Page 20-line 2     After "2002" insert "or subsequently enacted similar federal law".  CASE, CHAIRMAN

 

 

SF0009S2001/A

 

 

Delete the Scott, et al. Committee of the Whole Amendment (SF0009SW001/A) entirely and further amend as follows:

 

Page 1-line 14     Before "Any" insert "(a)".

 

Page 2-line 16     After "41‑3‑616." insert "(b)".

 

Page 2-line 19     After "40-21-119." insert "(c)".

 

Page 2-line 22     After "section." delete balance of line.

 

Page 2-lines 23 and 24  Delete.

 

Page 2-after line 24    Insert:

 

"(d)  Any rules and regulations implementing this section or any predecessor to this section which were duly adopted according to the procedure for adoption at the time of adoption, which were effective as of July 1, 2008 and which have not been repealed or replaced as of July 1, 2008, are deemed to have been lawfully adopted in accordance with law and within the scope of the state engineer's rulemaking authority.".  NICHOLAS

 

 

 

SF0022S2001/A

 

 

Page 3-line 2      After "improvements" insert "to maintain the structure's historical character".  MASSIE

 

 

SF0033SS001/A

 

 

Page 1-line 7      Delete "16-12-103" insert "16-12-102".

 

Page 2-line 8      After "chapter." insert "The abandonment of a public easement under this chapter shall not impair the right of any public utility to continue to operate and maintain utility facilities located within the public easement.".

 

Page 3-line 1      Before "Notice" insert "After providing notice to the public service commission,".

 

Page 3-line 8      After "hearing" delete "," insert "and".

 

Page 3-line 9      After "abandonment" insert "." and delete balance of line.

 

Page 3-lines 10 through 17   Delete.

 

Page 3-line 18     Delete through "abandonment."; delete "other".

 

Page 3-line 20     After "support" insert "or opposition".

 

Page 5-line 17     Delete "shall" insert "may".

 

Page 6-lines 5 through 11    Delete.  SCHIFFER, CHAIRMAN

 

 

SF0052SS001/A

 

 

Page 1-line 9      Delete "31-5-1402(a)" insert "31-5-1402 by creating a new subsection (b) and by renumbering subsections (b) through (f) as (c) through (g)".

 

Page 3-lines 5 through 9          Delete.

 

Page 3-line 10     Delete through "highways."; before "Each" insert "(b)".

 

Page 3-After line 18    Insert and renumber:

 

"(b)(c)  Subsection (a) of this section does not apply to:

 

(i)  Any person who has a written statement from a physician that it is not advisable for the person to wear a safety belt for physical or medical reasons;

 

(ii)  Any passenger vehicle which is not required to be equipped with safety belts under federal law;

 

(iii)  A carrier of the United States postal service performing duties as a postal carrier;

 

(iv)  Any person properly secured in a child safety restraint system in accordance with W.S. 31-5-1301 through 31-5-1305; or

 

(v)  Any person occupying a seat in a vehicle in which all operable safety restraints are being used by the driver or passengers and any person occupying a seat in a vehicle originally manufactured without a safety belt.

 

(c)(d)  No violation of this section shall:

 

(i)  Be counted as a moving violation for the purpose of suspending a driver's license under W.S. 31-7-129;

 

(ii)  Be grounds for increasing insurance premiums or made a part of the abstracts kept by the department pursuant to W.S. 31-5-1214.

 

(d)(e)  No motor vehicle shall be halted solely for a violation of this section.

 

(e)(f)  All citations for violations of the motor vehicle laws of this state and for violations of traffic ordinances or traffic regulations of a local authority shall contain a notation by the issuing officer indicating whether the driver and passengers complied with this section.  Compliance with this section shall entitle a licensee to a ten dollar ($10.00) reduction in the fine otherwise imposed by any court having jurisdiction over the alleged offense. The driver who violates this section may be issued a citation and may be subject to a fine of not more than twenty-five dollars ($25.00). Any passenger who violates this section may be issued a citation and may be subject to a fine of not more than ten dollars ($10.00).

 

(f)(g)  Evidence of a person's failure to wear a safety belt as required by this act shall not be admissible in any civil action.".  COE, CHAIRMAN

 

 

 

 

SF0057S2001/A

 

Page 12-line 13    Delete "by the person who rented".

 

Page 12-line 14    Delete "the vehicle".

 

Page 12-line 15    After "Wyoming" insert "for a continuous period of more than fourteen (14) days".

 

Page 21-line 14    Delete "July 1, 2009" insert "January 1, 2010".  VON FLATERN

 

 

 

 

SF0057S2002/A

 

Page 9-lines 13 through 24   Delete and renumber.

 

Page 10-line 2     Delete "(b)" insert "(a); Delete "violating" insert "who knowingly or intentionally violates".

 

Page 10-line 3     After "who" insert "knowingly or intentionally".

 

Page 10-line 11    After "chapter" insert "and deny issuance of any subsequent rental vehicle agency certificate for a period not to exceed ten (10) years.".

 

Page 10-line 13    Delete "(c)" insert "(b)".

 

Page 10-line 21    Delete "(d)" insert "(c)".

 

Page 17-line 21    After "delinquent" insert "up to a maximum penalty of one hundred percent (100%) of the surcharge fees due or one hundred dollars ($100.00)".

 

Page 18-lines 17 through 24  Delete including the Senate Standing Committee Amendment (SF0057SS001/A) to these lines and insert:

 

"(h)  The department may require bonds under this chapter as follows:

 

(i)  A bond equal to the greater of the sum of twenty-five thousand dollars ($25,000.00) or one hundred fifty percent (150%) of the dollar amount in which the agency is delinquent in submitting surcharges, whichever is greater, when a rental vehicle agency:

 

(A)  Operates without a valid rental vehicle agency certificate;

 

(B)  Is delinquent in filing any four percent (4%) surcharge remittal report;

 

(C)  Is delinquent in remitting any surcharge fees;

 

(D)  Applies for reissuance of a rental agency certificate after the rental agency certificate has been revoked; or

 

(E)  Applies for a new or renewal rental agency certificate after violating any provision of this chapter.".

 

Page 19-lines 1 through 8    Delete including the Senate Standing Committee Amendment (SF0057SS001/A) to these lines.

 

Page 19-line 15    After "shall" insert "comply with all of the following requirements".

 

Page 20-line 2     After "article" insert "."; delete "; and".

 

Page 20-lines 4 through 8    Delete.

 

Page 20-line 10    After "(iii)" delete balance of line.

 

Page 20-line 11    Delete through "section,"; delete "may" insert "shall".

 

Page 20-line 16    Delete "section" insert "chapter".

 

Page 21-line 1     In the Senate Standing Committee Amendment (SF0057SS001/A) to this line, after "attorney fees" insert "."; delete ", in a suit".

 

Page 21-line 2     Delete.

 

Page 21-line 9     Delete "and any" insert ".".

 

Page 21-line 10    Delete.  PERKINS

 

 

SF0061SS001/A

 

 

Page 2-line 2      After "7-19-304(a)(i)" insert ", (ii)"; before "(d)(iv)," insert "by creating a new paragraph (iii) and".

 

Page 16-line 4     Strike "and".

 

Page 16-After line 4    Insert:

 

"(ii)  An offender specified in W.S. 7-19-302(h) who has been registered for at least twenty-five (25) years, exclusive of periods of confinement, may petition the district court for the district in which the offender is registered to be relieved of the duty to continue to register.  Upon a showing that the offender has had no further felony or misdemeanor convictions during the period of registration, the district court may order the offender relieved of the duty to continue registration;. and

 

(iii)  A petition filed under this subsection shall be served on the prosecuting attorney for the county in which the petition is filed.  The court shall not grant a petition that was not served on the prosecuting attorney.  The prosecuting attorney may file a responsive pleading within thirty (30) days after service of the petition.".  ROSS, CHAIRMAN

 

SR0001/AC

 

(DIVIDED AMENDMENT)

 

Amend Senate Rule 9-4 to read:

 

"REFERRAL OF BILLS REQUIRING AN APPROPRIATION

 

9-4(b)    A re-referred bill shall be given priority consideration by the appropriations committee and shall be reported to the Presiding Officer for placement on General File.".  HINES, CHAIRMAN

 

F/AA/2009 Rules/Senate/Numbered/SR0001

 

 

SR0002/A

 

Amend Senate Rule 7-1 to read:

 

"7.  COMMITTEES

 

7-1  Senate Standing Committees shall be appointed by the President of the Senate, after conferring with the advice and consent of the  Rules and Procedure Committee  majority and minority leaders.  Senate Standing Committees are as follows:

 

     1.   Judiciary

     2.   Appropriations

     3.   Revenue

     4.   Education

     5.   Agriculture, State and Public Lands and Water Resources

     6.   Travel, Recreation, Wildlife and Cultural Resources

     7.   Corporations, Elections and Political Subdivisions

     8.   Transportation, Highways and Military Affairs

     9.   Minerals, Business and Economic Development

     10.  Labor, Health and Social Services

     11.  Journal

     12.  Rules and Procedure".  HINES, CHAIRMAN

 

F/AA/2009 Rules/Senate/Numbered/SR0002

 

 

 

JR0001/A

 

Delete Senate Rule 8-3 and further amend as follows:

 

Create Joint Rule 21-1 to read:

 

"FORMAT OF BILLS AND AMENDMENTS

 

21-1(a) In the preparation of each bill amending any chapter, article, section, subsection or other portion of an existing Wyoming Statute or adding to such Statutes, the following provisions shall govern:

 

     (1)  LINE OUT DELETIONS. Whenever any word or combination of words in any existing statute or any portion thereof is omitted in the drafting of a bill therefor, such omission shall be indicated by showing it in full  with a line through all material to be omitted;

 

     (2)  UNDERLINE ADDITIONS. Whenever any new word or combination of words appears in a bill therefor, whether or not substituted for any word or combination of words in any existing statute or statutes, such new words shall be so indicated by being underlined;

 

(3)  NEWLY CREATED STATUTE. When a new statute is being created in a bill, new language will not be underlined.

 

     (b)  In the preparation of an amendment amending any chapter, article, section, subsection or other portion of an existing Wyoming statute or adding to such statutes, the following provisions shall govern:

 

(1)  AMENDMENT BY USE OF DIRECTIVE WORDS.

(A) Omission of words from an existing statute shall be indicated by the directive to "strike" the identified word;

 

(B) Addition of words to an existing statute shall be indicated by the directive to "insert" the new word which shall be shown as underlined;

 

(C)  Omission of words from a newly proposed statute shall be indicated by the directive to "delete" the identified word;

 

(D)  Addition of words to a newly proposed statute shall be indicated by the directive to "insert" the new word which shall not be shown as underlined.

 

(2)  AMENDMENTS IN CONTEXT.

(A) An amendment may also delete specified lines of a bill and insert new lines indicating, in the insertion, deletions and additions in the same manner as provided in Joint Rule 21-1(a);

 

(B) When engrossing or enrolling an adopted amendment prepared pursuant to Joint Rule 21-1(b)(2)(A), the legislative service office shall give effect only to those words added to an existing statute that are specifically indicated by underlining and to the deletion of words from an existing statute that are specifically indicated by line out.".  HINES, CHAIRMAN

 

F/AA/2009 Rules/Joint/Numbered/JR0001

JR0002/A

 

Amend Joint Rule 16-1(a)(2) as follows:

 

"16.  STANDING COMMITTEE RECORDS

 

16-1(a)   Except for the following designated records, no written document in the possession of a standing committee and no minutes or other record purporting to reflect an action or recommendation of a standing committee shall be deemed to be an official record of the Wyoming Legislature:

 

(1)  Standing committee reports;

 

(2)  Record of votes reported pursuant to Senate Rule 7‑3(c) and House Rule 4-3(c);

 

(3)  Rulings by the Senate Rules and Procedure committee under Senate Rule 23‑1;

 

(4)  Reports of recommendations on confirmation of appointments required by Senate Rule 25‑3;

 

(5)  Other written records reflecting formal committee action or recommendation which are approved and signed by the committee chairman and which are reported to the full body of the House or Senate and are made a part of the journal.".  HINES, CHAIRMAN

 

F/AA/2009 Rules/Joint/Numbered/JR0002