H.B. No. 0061
Sponsored By: Management Council
AN ACT relating to revision of inadvertent errors; correcting statutory references and language resulting from inadvertent errors and omissions in previously adopted legislation; correcting obsolete references; repealing fully executed provisions; specifying applicability; and providing for effective dates.
12/23/2008 Bill Number Assigned
1/13/2009 H Received for Introduction
1/13/2009 H Introduced and Referred to H12
1/29/2009 H12 Recommended Amend and Do Pass
Ayes: Representative(s) Buchanan, Cohee, Gingery, Goggles, Illoway, Jorgensen, Landon, Meyer, Philp and Simpson
Excused: Representative(s) Lubnau, Quarberg and Throne
Ayes 10 Nays 0 Excused 3 Absent 0 Conflicts 0
1/29/2009 H Placed on General File
Page 1-line 10 After "1-34-114(c)," insert "5-9-212(a)(xiii), 14-3-409(b)(vi),"; after "16-4-106," insert "17-15-102(a)(vi),".
Page 1-line 14 After "(e)" delete "and" insert ","; after "(j) and" insert "(n), 36-4-123(a)(intro)".
Page 1-line 15 Before "are" insert "and 40‑23‑113(a)(ii)".
Page 2-After line 22 Insert:
"5-9-212. Part-time magistrates; powers.
(a) At the direction of the circuit judges of a circuit or the supreme court, a part-time magistrate of the circuit court shall have the powers in respect to every suit or proceeding pending in the circuit court of the county for which he was appointed as follows:
(xiii) Hear and issue orders in peace bond,
stalking and domestic violence cases under Wyoming Statutes title 7, chapter
3 20 and
title 35, chapter 21;
14-3-409. Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.
(b) At the commencement of the hearing the judge shall advise the child and his parents, guardian or custodian of:
(vi) The state's obligation, pursuant to
W.S. 14-3-431(d), to file a petition to terminate parental rights when a child
has been placed in foster care under the responsibility of the state for
fifteen (15) months of the most recent twenty-two (22) months unless the court
finds that one (1) of the exceptions listed in W.S.
Page 3-After line 11 Insert:
(a) As used in this act:
"This act" means W.S. 17-15-101 through
Page 10-line 1 Strike "bucking horse".
Page 11-line 12 After "daily" insert "use".
Page 13-After line 22 Insert:
"(n) Any resident disabled veteran who
receives fifty percent (50%) or more service connected disability compensation
from the United States department of veteran's affairs may apply to the
department for a lifetime
bucking horse permit
authorizing the use of state parks, recreation areas, archeological sites and
historic sites without payment of any daily use, overnight or other fee
authorized to be charged pursuant to this section. Only one (1) permit shall
be issued to any qualified applicant under this subsection and shall be valid
for the applicant and for all occupants of the applicant's vehicle. In
addition to information and other application procedural requirements
prescribed by rule and regulation of the department, application for the
lifetime permit shall include proof of residency and certification of the
service connected disability. The lifetime permit is valid as long as the
holder is a Wyoming resident. A permit under this subsection shall be issued
to an eligible applicant without the imposition of a fee.
36-4-123. Selling agents for registrations, licenses and permits.
(a) The department of state parks and
cultural resources through the division of parks and historic sites shall
appoint selling agents to sell snowmobile registrations pursuant to W.S.
bucking horse permits under
W.S. 36-4-121 and other licenses, registrations and permits for which the
department may by law be required to issue and collect fees. Selling agents
appointed under this section shall be bonded by the department, subject to the
Page 14-after line 9 Insert:
"40‑23‑113. Disclosure of mortgage lender fees.
(a) Within three (3) working days of taking a mortgage loan application and prior to receiving any consideration, other than third party fees, from the borrower, the mortgage lender shall:
(ii) If a prepayment penalty may be
a condition of the residential mortgage loan offered to a borrower, that fact
shall be separately disclosed in writing to the borrower and the borrower shall
agree in writing to accept
provision imposes a charge if the that condition. The disclosure
shall state that a borrower refinances or pays off the mortgage loan before the
date for repayment stated in the loan agreement. The written disclosure shall
be in a form prescribed by the commissioner and shall initially be delivered along
with the good faith estimate of settlement costs within three (3) business days
after accepting an application from the borrower. The disclosure shall
subsequently be provided by the lender and signed by the borrower at the same
time the borrower is given the final federal Truth-in-Lending Act
disclosure.". SIMPSON, CHAIRMAN
2/2/2009 H Passed CoW
2/3/2009 H Passed 2nd Reading
2/4/2009 H Passed 3rd Reading
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis and Zwonitzer, Dn..
Excused: Representative(s) Harshman and Zwonitzer, Dv..
Ayes 58 Nays 0 Excused 2 Absent 0 Conflicts 0
2/6/2009 S Received for Introduction
2/6/2009 S Introduced and Referred to S12
2/20/2009 S12 Recommended Amend and Do Pass
Ayes: Senator(s) Anderson, J., Hines, Massie, Ross and Sessions
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/20/2009 S Placed on General File
HB0061SS001/ADOPTED (TO ENGROSSED COPY)
Page 17–line 22 Before "borrower" insert "prepayment penalty provision imposes a charge if the". HINES, CHAIRMAN
2/27/2009 S Passed CoW
HB0061S2001/ADOPTED (TO ENGROSSED COPY)
Page 18-line 10 After "2." insert "Except as provided in Section 3 of this act,".
Page 18-after line 14 Insert and renumber:
"Section 3. Notwithstanding Section 2 of this act, W.S. 21‑13‑335(b)(iii) as created by 2008 House Enrolled Act 79, being original House Bill 0236, is amended to read:
21-13-335. Supplemental financial assistance program for instructional facilitators and instructional coaches.
(b) Each school district may apply to the department of education for financial assistance under this section on or before April 15 of the school year immediately preceding the school year for which financial assistance is requested. Application shall be on a form and in a manner prescribed by the department and application review and selection shall be in accordance with the process established by department rule and regulation, with priority given to programs incorporating requirements specified under paragraphs (iv) and (v) of this subsection. At minimum, the application shall include documentation of the following program components:
(iii) Except for facilitators and teachers with at least five (5) years of classroom teaching experience employed on or before June 30, 2009, financial assistance available under this section will be used to employ facilitators with at least five (5) years of classroom teaching experience and who hold either a masters degree or national certification by the national board for professional teaching standards;".
Page 18-line 16 Delete "3" insert "4". DECARIA
3/2/2009 S Passed 2nd Reading
HB0061S3001/ADOPTED (TO ENGROSSED COPY)
Page 18-after line 14 In the Decaria Second Reading Amendment (HB0061S2001/AE) to this line delete "2008" insert "2009". DECARIA
HB0061S3002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 6 Delete "an effective date" insert "effective dates".
Page 18-line 10 Delete the Decaria second reading amendment (HB0061S2001/AE) to this line; delete "Any" insert "Except as provided in sections 3 and 4 of this act, any".
Page 18–after line 14 Insert:
"Section 4. (a) Notwithstanding section 2 of this act, if 2009 House Enrolled Act 75, being original House Bill 0297, is enacted into law, the amendment of W.S. 6-2-501(b) made by that act shall not be effective and W.S. 6-2-501(b) is amended to read:
6-2-501. Simple assault; battery; penalties.
A person is guilty of battery if he
unlawfully touches another in a rude, insolent or angry manner or intentionally, knowingly or
recklessly causes bodily injury to
another person by use of physical force.
(b) This section shall not be effective if 2009 House Enrolled Act 75, being original House Bill 0297, is not enacted into law.".
Page 18-lines 16 through 19 Delete entirely including the Decaria second reading amendment (HB0061S2001/AE) to these lines and insert:
"Section 5. (a) Section 4 of this act is effective July 1, 2009, subject to the provisions of that section.
(b) Except as provided in subsection (a) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". ROSS
3/3/2009 S Passed 3rd Reading
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
3/3/2009 H Received for Concurrence
3/4/2009 H Did Concur
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
3/4/2009 Assigned Number HEA No. 0106
3/5/2009 H Speaker Signed HEA No. 0106
3/5/2009 S President Signed HEA No. 0106
3/11/2009 Governor Signed HEA No. 0106
3/11/2009 Assigned Chapter Number
Chapter No. 0169 Session Laws of Wyoming 2009.