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December 9 & 10, 2004
Room 302 State Capitol
Cheyenne, Wyoming
Senator John Hanes, Chairman
Representative Colin Simpson, Chairman
Senator Ken Decaria
Senator Keith Goodenough
Senator Curt Meier
Representative George Bagby
Representative Ed Buchanan
Representative Jack Landon
Representative Monte Olsen
Representative Owen Petersen
Representative Wayne Reese
Senator Bruce Burns
Representative Deb Alden
Representative Rosie Berger
John Rivera, Senior Staff Attorney
Please refer to
Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Chairman Hanes called the meeting to order at 8:00 a.m.. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
Representative Simpson moved, seconded by Senator Decaria, to approve the minutes of the November 11 and 12, 2004 meeting of the Joint Judiciary Interim Committee. The motion carried on a voice vote with Senator Goodenough voting no.
Mr. Joe Evans, Wyoming County Commissioners Association (WCCA); Mr. Mike Barton, Fremont County Attorney; Mr. Stephen Weichman, Teton County Attorney; Mr. Richard Bohling, Albany County Attorney; Mr., Bob Kidd, Wyoming Hospital Association; Mr. Chuck Hays, Department of Health; Mr. Kevin Bohnenblust, Wyoming Association of Psychiatric Physicians; Ms. Wendy Curran, Wyoming Medical Society; and, Dr. Jane Robinette, M.D., spoke on the bill.
After receiving testimony, Senator Meier moved, seconded by Representative Bagby, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, the motion carried on a roll call vote with 3 ayes, 1 no and 1 excused in the Senate and 6 ayes and 3 excused in the House. Senators Goodenough, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen and Simpson voted aye. Senator Decaria voted no. Senator Burns and Representatives Berger, Alden and Reese were excused. Please see Appendix 3 for the revised bill draft approved by the Committee.
Mr. Jim Wilson and Mr. Flint Waters, Division of Criminal Investigation (DCI); Mr. Mike Blonigen, Natrona County District Attorney; Mr. Richard Bohling; and, Mr. Stephen Weichman spoke on the bill. Mr. Bohling provided a proposed amendment (Appendix 4) for the Committee's consideration.
After receiving testimony, Senator Meier moved, seconded by Representative Simpson, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, the motion carried on a roll call vote with 3 ayes, 1 no and 1 excused in the Senate and 7 ayes and 2 excused in the House. Senators Decaria, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen, Reese and Simpson voted aye. Senator Goodenough voted no. Senator Burns and Representatives Berger and Alden were excused. Please see Appendix 5 for the revised bill draft approved by the Committee.
Mr. Flint Waters explained the bill. Attorney general Pat Crank also spoke on the bill.
After receiving testimony, Representative Simpson moved, seconded by Representative Olsen, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, reconsidered, and the amendment withdrawn, the motion carried on a roll call vote with 3 ayes, 1 no and 1 excused in the Senate and 7 ayes and 2 excused in the House. Senators Decaria, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen, Reese and Simpson voted aye. Senator Goodenough voted no. Senator Burns and Representatives Berger and Alden were excused. Please see Appendix 6 for the revised bill draft approved by the Committee.
Director Bob Lampert, Department of Corrections, distributed Appendices 7 and 8, containing talking points on the bill and a proposed amendment to the bill, respectively. Ms. Brenda Lyttle, Department of Family Services, spoke in support of the bill also.
After receiving testimony, Representative Simpson moved, seconded by Representative Landon, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, the motion carried on a roll call vote with 4 ayes and 1 excused in the Senate and 6 ayes and 3 excused in the House. Senators Decaria, Goodenough, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen and Simpson voted aye. Senator Burns and Representatives Alden, Berger and Reese were excused. Please see Appendix 9 for the revised bill draft approved by the Committee.
Director Lampert, distributed Appendix 10, a proposed amendment to the bill, and explained that no decision had been made as to the site the Department of Corrections would recommend to the Legislature for the proposed construction of a medium security institution. the decision would be made by the early part of the following week.
Representative Simpson moved the proposed amendment submitted by Director Lampert, which carried on a voice vote. Representative Simpson moved to have the bill revised and sent to the Committee with a mail ballot as soon as Director Lampert provided the Department's recommendation of a site for the medium security institution. The motion carried on a voice vote. Please see Appendix 11 for the bill draft as revised by the Committee.
Mr. Pat Anderson, Board of Parole, explained the bill. Director Lampert expressed his support of the bill.
After receiving testimony, Representative Petersen moved, seconded by Representative Bagby, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, the motion carried on a roll call vote with 4 ayes and 1 excused in the Senate and 6 ayes and 3 excused in the House. Senators Decaria, Goodenough, Hanes and Meier and Representatives Bagby, Landon, Olsen, Petersen, Reese and Simpson voted aye. Senator Burns and Representatives Alden, Berger and Buchanan were excused. Please see Appendix 12 for the bill draft approved by the Committee.
Mr. Anderson explained the bill and advised the Department of Corrections supports the bill as revised.
After receiving testimony, Representative Simpson moved, seconded by Representative Bagby, to approve the bill for sponsorship in the 2005 General Session. The motion carried on a roll call vote with 3 ayes, 1 no and 1 excused in the Senate and 5 ayes and 4 excused in the House. Senators Decaria, Hanes and Meier and Representatives Bagby, Landon, Olsen, Petersen and Simpson voted aye. Senator Goodenough voted no. Senator Burns and Representatives Alden, Buchanan, Berger and Reese were excused. Please see Appendix 13 for the revised bill draft approved by the Committee.
After receiving testimony, Representative Simpson moved, seconded by Senator Meier, to approve the bill for sponsorship in the 2005 General Session. The motion carried on a roll call vote with 4 ayes and 1 excused in the Senate and 6 ayes and 3 excused in the House. Senators Decaria, Goodenough, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen and Simpson voted aye. Senator Burns and Representatives Alden, Berger and Reese were excused. Please see Appendix 14 for the bill draft approved by the Committee.
Ms, Brenda Lyttle, Department of Family Services, explained the bill. Ms. Amanda Rustad distributed a proposed amendment to the bill (Appendix 15).
After receiving testimony, Representative Simpson moved, seconded by Representative Landon, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, the motion carried on a roll call vote with 4 ayes and 1 excused in the Senate and 6 ayes and 3 excused in the House. Senators Decaria, Goodenough, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen and Simpson voted aye. Senator Burns and Representatives Alden, Berger and Reese were excused. Please see Appendix 16 for the revised bill draft approved by the Committee.
Ms. Lyttle explained the purpose of the bill was to incorporate revisions proposed by the National Conference of Commissioners on Uniform State Laws.
After receiving testimony, Representative Simpson moved, seconded by Senator Meier, to approve the bill for sponsorship in the 2005 General Session. The motion carried on a roll call vote with 4 ayes and 1 excused in the Senate and 5 ayes and 4 excused in the House. Senators Decaria, Goodenough, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen and Simpson voted aye. Senator Burns and Representatives Alden, Berger, Petersen and Reese were excused. Please see Appendix 17 for the bill draft approved by the Committee.
Representative Simpson moved, seconded by Senator Meier, to reconsider the vote which approved Committee introduction of 05LSO-0120.W10 at the November Committee meeting. The motion carried on a roll call vote with 3 ayes and 2 excused in the Senate and 7 ayes and 2 excused in the House. Senators Decaria, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen, Reese and Simpson voted aye. Senators Burns and Goodenough and Representatives Alden and Berger were excused.
After receiving further testimony on the bill, Senator Meier moved, seconded by Representative Simpson, to approve the bill for sponsorship in the 2005 General Session. After the bill was duly amended, the motion carried on a roll call vote with 4 ayes and 1 excused in the Senate and 7 ayes and 2 excused in the House. Senators Decaria, Goodenough, Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen, Reese and Simpson voted aye. Senator Burns and Representatives Alden and Berger were excused. Please see Appendix 18 for the revised bill draft approved by the Committee.
The Committee recessed at 4:35 p.m.
Chairman Simpson called the meeting to order at 8:00 a.m.. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
People who testified before the Committee on the draft legislation include: Attorney General Crank; Ms. Carole Shotwell, Wyoming Board of Medicine; Ms. Curran; Mr. Richard Rideout; and, Mr. Tom Jubin.
Chairman Simpson advised that the proposed amendments presented could not be incorporated into the bill for consideration by the Committee before the start of the 2005 General Session. He asked the parties to attempt to collaborate on proposed language for those issues on which they could agree. If the Joint Judiciary Interim Committee agrees to move forward with the bill, the Senate and House Judiciary Committees, will attempt to meet jointly in the early days of the Session to consider proposed amendments that can be presented at that time and make the policy decisions with respect to those issues on which the interested parties can not agree.
After receiving testimony, Senator Hanes moved, seconded by Senator Meier, to approve the bill for sponsorship in the 2005 General Session. The motion carried on a roll call vote with 2 ayes, 1 no and 2 excused in the Senate and 7 ayes and 2 excused in the House. Senators Hanes and Meier and Representatives Bagby, Buchanan, Landon, Olsen, Petersen, Reese and Simpson voted aye. Senator Decaria voted no. Senators Burns and Goodenough and Representatives Alden and Berger were excused. Please see Appendix 19 for the bill draft approved by the Committee.
There being no further business, Chairman Simpson adjourned the meeting at 11:40 a.m.
Respectfully submitted,
Senator John Hanes, Cochairman Representative Colin Simpson, Cochairman