![[Top]](/images/nav-top.gif){kind=small}
![[Back]](/images/nav-back.gif){kind=small}
![[Home]](/images/nav-home.gif){kind=small}
"Draft Only - Approval Pending"
Summary of Proceedings of The Joint Judiciary Interim Committee
Oil & Gas Conservation Commission September 19 and 20, 2002
777 West 1st Street Casper, Wyoming
PRESENT: Senator John Schiffer, Chairman;
Representative Jeff Wasserburger, Vice Chairman;
Senators John Hanes, Rae Lynn Job, Curt Meier and Kathryn Sessions;
Representatives Lorna Johnson, Jack Landon, Randall B. Luthi, Layton Morgan (September 19 only), Dave Rader, Colin Simpson and Stephen Watt.
Legislative Service Office: John Rivera, Senior Staff Attorney.
Others: See Appendix 1.
ABSENT: Representative Layton Morgan (September 20 only), Representative Jim Slater.
AGENDA: See Appendix 2.
* * * * * * * * * *
The following is a summary of Committee proceedings arranged by topic. Copies of all materials referred to in these minutes which are not attached as exhibits are on file in the Legislative Service Office.
* * * * * * * * * *
Thursday
September 19, 2002
The meeting was called to order at 8:10 a.m.
Approval of Minutes
Minutes of the July 8 & 9, 2002, meeting were approved with no corrections.
The meeting consisted of a working session at which the Committee considered and voted on introduction of bills. The following is a recap of Committee action:
The Committee voted to sponsor introduction of the following bills by the vote indicated:
03LSO-0099.W1, probation and parole services by contract
Motion to sponsor bill as a House Bill: [Passed] Ayes: Hanes, Job, Meier, Schiffer, L. Johnson, Landon, Luthi, Morgan, Rader, Simpson, Wasserburger and Watt; No: [None]; Absent: Sessions and Slater.
03LSO-0100.W1, Adult Community Corrections Act revisions
Motion to sponsor bill as a Senate File, voted on by mail ballot: [Passed] Ayes: Hanes, Meier, Schiffer, Sessions, L. Johnson, Landon, Luthi, Morgan, Rader, Simpson, Slater and Wasserburger; No: Job and Watt; Absent: [None].
Adopted Amendments:
Page 1-line 11 Delete "and" insert "through".
Page 5-line 21 After "operating" insert "under a contract for services with the community services board".
Page 5-line 22 After "board: insert ";"; strike balance of line.
Page 5-line 23 Strike and delete entirely.
Page 5-After line 25 Insert:
"(ii) Enter
into a contract for services with any local unit of government or a
nongovernmental agency operating a an adult community correctional facility or
program within the county or counties served by the corrections board;".
Page 7-line 6 Reinsert stricken language and delete all new language.
Page 7-line 14 Reinsert stricken language and delete all new language.
Page 7-line 16 Delete "corrections board" insert "department".
Page 8-line 13 After "the" reinsert stricken language.
Page 8-lines 14 & 15 Reinsert stricken language.
Page 10-lines 18 & 19 Reinsert stricken language.
Page 16-lines 19 & 20 Reinsert stricken language.
03LSO-0080.W2, Prison construction program
Motion to sponsor bill as a Senate File: [Passed] Ayes: Hanes, Job, Meier, Schiffer, Sessions, L. Johnson, Landon, Luthi, Morgan, Rader, Simpson and Wasserburger; No: Watt Absent: Slater.
Adopted Amendments:
Page 2-line 2 After "programs" insert "in accordance with American correctional association standards".
Page 2-line 19 After "abuse" insert "treatment".
Page 5-line 15 After "(iv)" insert "Total project and".
Page 5-After line 21 Insert:
"(vii) The commitment to use Wyoming materials and labor in accordance with chapter 16, articles 1 and 2 of title 16 of the Wyoming Statutes.".
During discussion on the bill, Representative Rader distributed Appendix 3, a housing alternative for returning 500 medium security inmates to Wyoming.
03LSO-0010.W3, Uniform Trust Code
Motion to sponsor bill as a House Bill: [Passed] Ayes: Hanes, Meier, Schiffer, Sessions, L. Johnson, Landon, Luthi, Rader, Simpson and Wasserburger; No: Job, Watt; Absent: Morgan and Slater.
Adopted Amendments:
Page 8-line 6 Delete "conservator or an".
Page 8-line 7 Delete all new language.
Page 9-line 11 Delete "grantor" insert "settlor".
Page 9-line 12 Delete "fiduciaries" insert "parties".
Page 11-line 23 After "trust" insert "shall".
Page 48-line 1 Delete "twenty (20)" insert "thirty (30)".
Page 48-line 5 Delete "twenty (20)" insert "thirty (30)".
Page 48-line 10 Delete "twenty (20)" insert "thirty (30)".
Page 53-lines 4 through 9 Reinsert stricken language.
Page 53-lines 19 through 24 Reinsert stricken language.
Page 54-lines 1 through 10 Reinsert stricken language.
Page 54-line 11 Reinsert stricken language and delete new language.
Page 57-line 2 Delete "Ninety (90)" insert "one hundred twenty (120)".
Page 57-line 8 Delete "Ninety (90)" insert "one hundred twenty (120)".
Page 57-line 16 Delete "Ninety (90)" insert "one hundred twenty (120)".
Page 60-lines 12 through 17 Reinsert all stricken language and delete all new language.
Page 101-line 5 Delete "and" insert "or".
Page 109-lines 8 through 10 Reinsert stricken language.
After amendments were incorporated into the bill, remaining stricken language on pages 3 through 139 was deleted and underscored language on those pages were converted to normal text to conform with Legislative Service Office formatting procedures for newly created statutes.
During discussion on the bill, Mr. Douglas McLaughlin distributed Appendix 4, containing the Wyoming Estate Planning Advisory Council's explanation of their proposed changes.
During consideration of 03LSO-0010.W3, Uniform Trust Code, the Committee recessed at 6:15 p.m. and concluded deliberation on the bill the following day.
* * * * * * * * * *
Friday
September 20, 2002
03LSO-0009.W3, Title 14 revisions
After concluding deliberations on the previous bill, the Committee began consideration of 03LSO-0009.W3. Appendices presented during consideration of the bill include: Appendix 5, a letter from Honorable Jere Ryckman, Third Judicial District; Appendix 6, proposed alternative amendments presented by Representative Landon; Appendix 7, a proposed amendment from the Department of Family Services; Appendix 8, a proposed amendment by Representative Simpson to modify the central registry for abused and neglected children; Appendix 9, a proposed amendment by Representative Simpson to expand the authority of judicial officers; Appendix 10, a letter from Sheriff Gary Mitchell, Washakie County; and, Appendices 11 through 13, proposed amendments presented by the Title 14 Committee.
Motion to sponsor bill as a Senate File: [Passed] Ayes: Hanes, Meier, Schiffer, Sessions, L. Johnson, Landon, Luthi, Rader, Simpson and Wasserburger; No: Job, Watt; Absent: Morgan and Slater.
Adopted Amendments:
Page 25-line 14 through page 33-line 21 Delete entirely and renumber as necessary.
Page 51-line 13 After "by" delete balance of line and insert "a guardian ad litem".
Page 51-line 14 Delete "interest".
Page 53-lines 4 through 8 Delete entirely and insert alternative language on lines 13 through 16.
Page 86-line 11 Strike "and" insert ",".
Page 86-line 12 After "possible" insert "and to provide permanency for the child in appropriate circumstances".
Page 88-line 9 After "services" insert "and its local offices".
Page 90-lines 11 through 16 Delete entirely and insert:
"(c) Any person or agency who knows or has sufficient knowledge which a prudent and cautious man in similar circumstances would have to believe or suspect that a child is being or has been abused, neglected, exploited or abandoned, and knowingly fails to report in accordance with this article is guilty of a misdemeanor punishable by imprisonment for not more that one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.
(d) Any person commits a misdemeanor punishable by imprisonment for not more that one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he reports information in accordance with this article and knows or has reason to know the information is false or lacks factual foundation.".
Page 91-line 9 After "." strike balance of line.
Page 91-line 10 Strike the line through ".".
Page 100-lines 1 through 24 Delete.
Page 101-lines 1 through 24 Delete entirely and insert Appendix 8.
Page 109-line 7 Before "the" insert "at the request of".
Page 113-line 6 Strike seventy-two (72)" insert "twenty-four (24)"; after "hours" insert ", excluding weekends and legal holidays,".
Page 113-line 21 Strike "sixty (60)" insert "thirty (30)".
Page 116-lines 14 through 22 Delete.
Page 117-line 18 Reinsert stricken language.
Page 117-line 19 Delete new language and reinsert stricken language.
Page 117-lines 20 through 24 Reinsert stricken language.
Page 118-line 1 Reinsert stricken language.
Page 122-line 19 Strike "sixty (60)" insert "thirty (30)".
Page 122-line 22 Delete "and" insert "or".
Page 123-line 6 Strike "make" insert "screen the child to identify pertinent conditions or risk factors within five business (5) days after the petition is filed and to prepare".
Page 123-line 7 Delete all new language.
Page 123-line 8 Delete new language through "petition" insert "The court shall establish a deadline for completion of the report.".
Page 125-line 7 Strike "attorney".
Page 125-line 8 Delete entirely and insert "guardian ad litem, if one is appointed by the court;".
Page 129-line 15 After "decree" insert ", if the child remains within the home,".
Page 129-line 16 Strike "but not longer than".
Page 129-line 17 Delete "six (6) months".
Page 129-lines 18 & 19 Delete all new language.
Page 129-After line 20 Insert the following and renumber as necessary:
"(e) If the child is placed outside the home, a consent decree shall be in force for the period agreed upon by the parties but not longer than six (6) months unless sooner terminated by the court. For good cause the court may grant one (1) extension of the consent decree for no longer than six (6) months.".
Page 131-line 18 After "child" insert ";" and strike and delete balance of line.
Page 131-lines 19 through 22 Strike and delete entirely.
Page 133-line 22 Delete.
Page 134-lines 1 through 20 Delete.
Page 147-After line 12 Insert:
"(a) When a child is placed in
detention or shelter care without a court order, a petition as provided in W.S.
14-6-212 shall be promptly filed and presented to the court. An informal
detention or shelter care hearing shall be held as soon as reasonably possible
not later than seventy-two (72) twenty-four (24) hours,
excluding weekends and legal holidays, after the child is taken into
custody to determine if further detention or shelter care is required pending
further court action. Written notice stating the time, place and purpose of the
hearing shall be given to the child and to his parents, guardian or custodian.".
Page 147-line 21 Strike "sixty (60)" insert "thirty 30)".
Page 149-lines 22 & 23 Delete.
Page 150-lines 1 through 5 Delete.
Page 151-line 1 Reinsert Stricken language and delete all new language.
Page 151-lines 2 through 5 Reinsert stricken language.
Page 151-line 8 After "." Delete balance of line.
Page 151- lines 9 through 15 Delete all new language.
Page 151-line 17 Reinsert stricken language and delete all new language.
Page 152-lines 17 through 22 Reinsert stricken language and delete all new language.
Page 153-lines 20 through 23 Delete.
Page 154-lines 1 & 2 Delete.
Page 154-line 13 Strike "sixty (60)" insert "thirty 30)".
Page 155-line 1 Strike "make" insert "to prepare".
Page 155-line 2 Delete all new language.
Page 155-line 3 Delete "petition"; after "." insert "The court shall establish a deadline for completion of the report. The screening shall be used to assist the court in appointing appropriate multidisciplinary team members.".
Page 156-line 22 Strike "attorney"; delete all new language.
Page 156-line 23 Delete all new language and insert "guardian ad litem, if one is appointed by the court;".
Page 160-line 15 After "representative" insert ", where appropriate".
Page 162-line 24 After "act" insert ";" and strike and delete balance of line.
Page 163-lines 1 through 4 Strike and delete entirely.
Page 164-lines 18 through 24 Delete.
Page 165-lines 2 through 24 Delete.
Page 166-lines 1 through 7 Delete.
Page 169-line 11 Reinsert stricken language and delete "attorney for his best".
Page 169-line 12 Delete "interests".
Page 170-After line 7 Insert:
"(a) When a child is placed in
detention or shelter care without a court order, a petition as provided in W.S.
14-6-412 shall be promptly filed and presented to the court. An informal
detention or shelter care hearing shall be held as soon as reasonably possible
not later than seventy-two (72) twenty-four(24) hours,
excluding weekends and legal holidays, after the child is taken into
custody to determine if further detention or shelter care is required pending
further court action. Written notice stating the time, place and purpose of the
hearing shall be given to the child and to his parents, guardian or
custodian.".
Page 170-line 16 Strike "forty-five (45)" insert "thirty (30)".
Page 172-lines 18 through 24 Delete.
Page 173-lines 1 through 16 Delete.
Page 174-lines 7 through 18 Delete.
Page 175-lines 8 through 24 Delete.
Page 176-lines 1 though 9 Delete.
Page 176-line 20 Strike "sixty (60)" insert "thirty 30)".
Page 177-line 7 Strike "make" insert "to prepare".
Page 177-line 8 Delete all new language.
Page 177-line 9 Delete the line through "filed"; after "." insert "The court shall establish a deadline for completion of the report.".
Page 179-line 7 Strike "attorney" delete all new language.
Page 180-line8 Strike "or"; delete all new language and insert "guardian ad litem, if one is appointed by the court;".
Page 183-line 1 After "representative" insert ", where appropriate".
Page 185-line 17 After "child" insert ";" and strike and delete balance of line.
Page 185-lines 18 through 21 Strike and delete entirely.
The Committee discussed an option to create an Office of Public Advocacy, but declined sponsorship of the proposal. A suggestion was made to present to the Management Audit Committee the possibility of studying the legal representation needs of juveniles and others.
ADJOURNMENT
There being no further business, the meeting was adjourned at 5:20 p.m.
Respectfully submitted,
Senator John Schiffer
Chairman