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HB0196 • 2007

Appeal bonds.

AN ACT relating to civil procedure; establishing maximum bond amounts on supersedeas bonds as specified; and providing for an effective date.

Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Walsh
Last action
2007-03-08
Official status
enrolled
Effective date
7/1/2007

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0196H2001

2nd reading • BROWN

Withdrawn

Plain English: Withdrawn 2nd reading by BROWN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0196H2002

2nd reading • LUBNAU

Adopted

Plain English: Adopted 2nd reading by LUBNAU

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0196H2003

2nd reading • BROWN

Adopted

Plain English: Adopted 2nd reading by BROWN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0196HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2007-03-08 LSO

    Assigned Chapter Number - 208

  2. 2007-03-08 Governor

    Governor Signed HEA0091

  3. 2007-02-27 Senate

    S President Signed HEA No. 0091

  4. 2007-02-27 House

    H Speaker Signed HEA No. 91

  5. 2007-02-26 LSO

    Assigned Number HEA0091

  6. 2007-02-26 Senate

    S Passed 3rd Reading

  7. 2007-02-23 Senate

    S Passed 2nd Reading

  8. 2007-02-22 Senate

    S Passed CoW

  9. 2007-02-14 Senate

    S Placed on General File

  10. 2007-02-14 Senate

    S09 Recommended Do Pass

  11. 2007-02-09 Senate

    S Introduced and Referred to S09

  12. 2007-02-02 Senate

    S Received for Introduction

  13. 2007-01-31 House

    H Passed 3rd Reading

  14. 2007-01-30 House

    H Passed 2nd Reading

  15. 2007-01-30 House

    Amendment Adopted

  16. 2007-01-30 House

    Amendment Adopted

  17. 2007-01-29 House

    H Passed CoW

  18. 2007-01-29 House

    Amendment Adopted

  19. 2007-01-29 House

    H Amendments Adopted

  20. 2007-01-22 House

    H Placed on General File

  21. 2007-01-22 House

    H01 Recommended Amend and Do Pass

  22. 2007-01-15 House

    H Introduced and Referred to H01

  23. 2007-01-12 House

    H Received for Introduction

  24. 2007-01-11 LSO

    Bill Number Assigned

Official Summary Text

2007 General Session Summary for HB0196

Bill No.:
HB0196
Drafter:

JHR

LSO No.:
07LSO-0449
Effective Date:

7/1/2007

Enrolled Act No.:
HEA0091

Chapter No.:

Prime Sponsor:
Representative
Walsh

Catch Title:
Appeal
bonds.

Subject:
Establishes
maximum bond amounts on supersedeas bonds.

Summary/Major Elements:

Under current law, a person
may have a stay of execution under the Wyoming Rules of Civil Procedure for any
judgment for the recovery of money or sale of property.

This act:

Establishes a maximum bond
amount for a supersedeas bond not to exceed:

$2 million during the entire
course of appellate review, in any action in which all appellants are either
individuals or have 50 or fewer employees;

$25 million in any other
action;

Provides exceptions to the
maximum bond amounts as follows:

If an appellee proves by a
preponderance of the evidence that the appellant is dissipating assets that may
affect his ultimate ability to pay the judgment, the court may order the
appellant to post a bond in an amount up to the amount of the judgment; or

That an appellee of a
judgment to pay taxes or liens to the state shall post a bond in an amount not
less than the full amount of the judgment, plus interest and costs of the
appeal, unless otherwise ordered, as provided in Rule 4.02 of the Wyoming Rules
of Appellate Procedure.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0196

ENROLLED ACT NO. 91, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2007 GENERAL SESSION

AN ACT relating to civil procedure; establishing maximum bond amounts on supersedeas bonds as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
17
‑
201 is amended to read:

1
‑
17
‑
201.

Right to stay; procedure.

(a)

When judgment has been rendered in any district court against any person for the recovery of money or sale of property he may have a stay of execution as provided by the Wyoming Rules of Civil Procedure
,
.

except that a supersedeas bond to be furnished in order to stay the execution of any judgment under this section or under W.S. 1
‑
17
‑
210 during the entire course of appellate review shall not, regardless of amount of the judgment, exceed two million dollars ($2,000,000.00) in any action in which all appellants are either individuals or have fifty (50) or fewer employees, or twenty-five million dollars ($25,000,000.00) in any other action; provided, however
:

(i)

That if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets which may affect the ultimate payment of all or any portion of the judgment, the district court, upon motion and hearing, may require the appellant to post a bond in an amount up to the amount of the judgment; or

(ii)

That an appellee of a judgment to pay taxes or liens to the state of Wyoming shall post a bond in an amount not less than the full amount of the judgment plus interest and costs of the appeal, unless otherwise ordered, as provided in Rule 4.02(b) of the Wyoming Rules of Appellate Procedure.

Section 2.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1