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September 16 and 17, 2004
Best Western Dunmar Inn
Evanston, Wyoming
Senator Gerald E. Geis, Chairman
Representative James C. Hageman, Vice Chairman
Senator Jana Ginter
Senator Laness Northrup
Senator C.L. “Chuck” Townsend
Senator Bill Vasey
Representative Jim Allen
Representative Bob Brechtel
Representative Ross Diercks
Representative Elaine Harvey
Representative Layton Morgan
Representative Mick Powers
Representative Mark Semlek
Representative Jim Slater
Maxine Weaver, 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 Geis called the meeting to order at 8:00 am. The following sections summarize the Committee proceedings by topic. The order of the meeting generally followed the prepared agenda [Appendix 2].
Senator Vasey moved to approve the minutes from the April meeting. The motion was seconded and passed.
Lynne Boomgaarden, Director of the Office of State Lands and Investments (OSLI) explained the functions of the office [Appendix 3]. She briefly described the concept of self funded trust for state lands, provided a copy of the Attorney General's Opinion regarding constitutionality of a self-funded trust [Appendix 4] and discussed several sample projects the office could consider [Appendix 5].
Ms. Boomgaarden briefly discussed draft bill 05LSO-0100.W1 [Appendix 6]. Senator Vasey moved do pass on 05LSO-0100.W1, making it a Senate File. Representative Harvey seconded the motion.
Scott Zimmerman, Rocky Mountain Farmers Union (RMFU), spoke generally in favor of the bill, wanting more public input, suggested splitting the account from the task force and suggested extending the time for the report to June 2006.
Jim Magagna, Wyoming Stock Growers Association (WSGA), informed the Committee that when the task force met previously their assumption was the state land trust was a constitutional trust and he felt the task force should go back to that point to reconsider and make any further recommendations.
Senator Vasey moved to strike any reference to the "Wyoming Senate President" or the "Wyoming Speaker of the House" and insert "State Loan and Investment Board". Representative Harvey seconded the motion and the motion passed.
Senator Vasey moved on page 2-lines 14 through 17 to delete "person working for an organization created for the purpose of advocacy on behalf of the Wyoming public schools" and insert "duly elected school trustee and a member of the Wyoming school boards association". Representative Hageman seconded the motion and the motion passed.
Representative Harvey moved on page 3-lines 17 through 20 to strike subsection (c) entirely and to let the board set the chairman. Representative Semlek seconded the motion. The motion passed with one no vote.
Senator Vasey moved to amend on page 5-line 2 by striking "December 1, 2005" and inserting "June 1, 2006" and on page 7-line 4 to strike "Ten thousand dollars ($10,000.00)" and insert "Fifteen thousand dollars ($15,000.00)". The motion was seconded. Representative Harvey moved to amend the amendment on page 7-line 4 to delete "Fifteen thousand dollars ($15,000.00)" and insert "Thirty thousand dollars ($30,000.00)". Representative Morgan seconded the motion. The motion to amend the amendment passed. The motion to amend, as amended, passed.
Representative Hageman moved to split the bill and put the $750,000 account in a second bill. Representative Semlek seconded the motion. Senator Vasey asked for clarification of the delineation. The delineation will be to split out subsection (f) page 5-lines 22 through 24 and page 6-lines 1 through 20. The motion passed.
Senator Vasey moved on page 7-line 2 to delete "June 30, 2006" and insert "April 1, 2007". Representative Harvey seconded the motion and the motion passed.
The Committee passed bill 05LSO-0100.W1 passed (10-4) [Appendix 7].
Representative Harvey moved the bill split off from 05LSO-0100.W1 - page 5-line 22 through 24 and page 6-lines 1 through 20, as a Senate File. The motion was seconded and the Committee discussed the new bill.
Representative Hageman moved on page 6-lines 12 through 15 to delete entirely; on page 6-line 19 to delete "recommended by the"; and on line 20 to delete "task force and" and insert "as". The motion was seconded and passed.
Representative Allen moved on page 6-line 1 to delete "Seven hundred fifty thousand dollars" and on line 2 to delete "($750,000.00)" and insert "Five hundred thousand dollars ($500,000.00)". The motion was seconded and failed.
The Committee passed the bill split from 05LSO-0100.W1 (10-4) [Appendix 8].
Mr. Magagna, WSGA, discussed private property access. He had asked for legislation to protect private property information garnered from means other than physical presence on the land, such as aircraft, technical devices or binoculars [Appendix 9]. He stated there is still a need to protect private property and to put parameters around information gathered on private property. Mr. Magagna wants to keep this item on the table, but he does not have enough information to go forward with a bill at this time.
Mr. Magagna, WSGA, discussed draft bill 05LSO-0119.W1 [Appendix 10]. Vice-chairman Hageman moved a do pass on the bill designating it a House Bill. The motion was seconded.
Bryce Reese, Wyoming Wool Growers Association (WWGA) and Richard Hamilton, rancher in Uinta County, spoke in favor of the bill.
Patricia Dowd, Wyoming Chapter of the Sierra Club (WCSC) spoke against the bill.
The Committee passed the bill (14-0) [Appendix 11].
Mr. Magagna discussed draft bill 05LSO-0121.W1 [Appendix 12].
Senator Northup moved the bill as a House Bill, seconded by Senator Vasey.
Following discussion by the Committee, Senator Northup moved to amend on page 2-line 5 after "semen" to add "or embryos". Senator Vasey seconded the motion and the motion passed.
Senator Ginter asked for clarification if the motion covered the language on page 3. Chairman Geis clarified the motion is to add "or embryos" wherever needed.
Senator Ginter moved to amend the motion after "semen" to add "and embryo transplants". Senator Vasey seconded the motion. The motion passed.
The Committee voted on the bill and it passed (14-0) [Appendix 13].
Representative Brechtel moved to sponsor a House Bill to mirror 05LSO-121.W1 for tax exemption for pesticides, fertilizer and herbicides. Senator Northup seconded the motion and the Committee discussed the bill.
Senator Vasey opposed bringing the bill as a Committee bill and recommended the bill be taken as an individual bill.
Ken Hamilton, Wyoming Farm Bureau Federation (WFBF) spoke in favor of the bill.
The Committee passed the bill (12-2) [Appendix 14].
Bryce Reese, WWGA, presented information to the Committee, discussed generally who has authority, jurisdiction, ownership and responsibility for predators and discussed the animal damage management board [Appendix 15].
Patricia Dowd, WCSC and Ben Lamb, Wyoming Conservation Voters had general comments regarding predators and predation.
Chairman Geis explained since the Committee had not discussed this topic at the previous meeting, this draft bill 05LSO-0123.W1 will not go forward as a Committee bill [Appendix 16]. Instead, Chairman Geis will sponsor the bill as an individual bill. Ken Hamilton, WFBF, provided some explanation of the bill. No motion was made and no vote was taken on this bill.
Jim Swartz, Roy Reichenbach, Polly Cross and Hank Uhden, Wyoming Department of Agriculture (WDA) discussed draft bill 05LSO-0122.W1 [Appendix 17].
Representative Harvey moved the bill, designating the bill as a Senate File. Representative Brechtel seconded the motion. The Committee discussed the bill.
Leron Allred, Wyoming Association of Conservation Districts, asked about the definition of loss and if it includes excess moisture in grain and mildew.
Scott Zimmerman, RMFU commented on the bill.
The committee passed the bill (13-1) [Appendix 18].
Richard Mayer, United States Department of Agriculture presented an update on the Arthropod-Borne Animal Disease Research Laboratory (ABADRL). He thanked the Committee for their letter to Secretary Veneman. He provided information on a couple of studies [Appendices 19 and 20] as well as biological threat agents [Appendix 21] and Rift Valley Fever host range and disease severity [Appendix 22].
Bryce Reese, WWGA, expressed concerns about a "Plum Island" scenario for Wyoming.
Mr. Reichenbach, WDA, presented draft bill 05LSO-0060.W1 [Appendix 23].
Senator Vasey moved do pass on the bill and designated it as a Senate File. Vice-chairman Hageman seconded the motion. Following discussion by the Committee, the Committee passed the bill (12-2) [Appendix 24].
The Committee recessed until 8:00 a.m. Friday morning.
Chairman Geis called the meeting to order at 8:00 a.m.
Dr. Jim Logan, State Veterinarian, provided the Committee with an update on livestock and wildlife diseases, including the Brucellosis cases in Sublette County, Teton County and Campbell County.
The Livestock Board has a grant for $362,000.00 to work with the National Animal Identification Plan. They will look at incorporating brand records and other statistics into a database. The National Animal Identification Plan is currently a voluntary program, but it is expected to become mandatory in the next few years [Appendix 25].
Jim Wilson, Livestock Board, discussed the current status of the Livestock Board. They are losing Dr. Logan and have hired Dr. Dwayne Oldham from Arizona to be the new state veterinarian and the board is interviewing for an assistant state veterinarian position.
Dr. Logan explained draft bill 05LSO-055 [Appendix 26]. Senator Vasey moved a do pass on the bill designating it as a Senate File. Senator Ginter seconded the motion. The Committee discussed the bill.
Bryce Reese, WWGA, urged keeping some flexibility in the bill
Jim Magagna, WSGA, feels the bill is too broad and would like to see some bonding requirements included in the bill.
The Committee passed the bill (14-0) [Appendix 27].
Dr. Logan explained draft bill 05LSO-058 [Appendix 28].
Vice-Chairman Hageman moved a do pass on the bill designating it as a House Bill. Senator Northup seconded the motion and the motion passed.
Mr. Magagna, WSGA, discussed confidentiality and spoke generally in favor of the bill.
Mr. Zimmerman, RMFU, commented on the bill.
Mr. Hamilton, WFBF, discussed diseases in wildlife and asked how they are reported to landowners. If there is a disease in wildlife that can be transmitted to livestock, that information should be reported to landowners.
Representative Harvey moved:
1) page 2-line 9 delete "," insert "and"; after "veterinarian" insert ". The state veterinarian may at his discretion notify any of the following:";
2) on page 2-line 11 after "director" delete "and" insert "only if the disease threatens wildlife,";
3) page 2-line 12 after "official" insert "," delete "or";
4) page 2-line 14 delete "." insert "or owners of possible contact animals.".
Representative Powers seconded the motion. The motion passed.
Senator Vasey moved on page 2-line 19 after "." insert "Any person who willfully or maliciously falsifies a report to the state veterinarian is guilt of a misdemeanor.". Senator Townsend seconded the motion and the motion passed.
Representative Semlek moved on page 1-line 14 after "person" insert "or government entity"; on page 1‑line 15 delete "upon his premises"; on page 2-line 1 after "animals" insert "owned by or under their jurisdiction". Representative Allen seconded the motion and the motion passed.
Representative Semlek moved on page 2-line 2 delete "may" insert "shall". Representative Allen seconded the motion and the motion passed.
Representative Harvey moved on page 2-line 3 after "establish" insert "and manage" as a placeholder to allow the state veterinarian some flexibility with the list. The motion was seconded and passed. LSO staff was directed to research and review the health department's statutory language for flexibility.
The Committee passed the bill (14-0) [Appendix 29].
Dr. Logan discussed draft bill 05LSO-059 [Appendix 30]. Representative Harvey moved the bill as a House Bill. The motion was seconded by Vice-Chairman Hageman. The Committee discussed the bill.
Representative Harvey moved to amend on page 1-line 12 strike "reimbursement of owner"; page 2-line 2 strike "shall" insert "may"; page 2-line 6 beginning with "The owner" strike the balance of the line and strike lines 7 through 18; page 2-line 23 strike "reimbursement"; page 2-line 24 strike "of owner"; page 3 strike lines 20 through 24; page 4 strike lines 1 and 2. The amendment was seconded and following discussion the motion passed. The Committee passed the bill (12-2) [Appendix 31].
Pat Tyrrell, State Engineer, presented draft bill 05LSO-061.C1. [Appendix 32].
Senator Vasey moved do pass on bill as a Senate File. Senator Ginter seconded the motion and the Committee passed the bill (14-0) [Appendix 33].
Pat Tyrrell and Sue Lowry, State Engineer's Office, discussed draft bill 05LSO-063 [Appendix 34].
Vice-Chairman Hageman moved the bill as a House Bill, seconded by Representative Morgan.
Following discussion by the Committee, Senator Vasey moved to amend the bill on page 2-lines 11 and 12 after "seal" to insert a "." and delete the rest of the sentence. Senator Ginter seconded the motion and the motion passed.
The Committee passed the bill (14-0) [Appendix 35].
Mr. Tyrrell explained to the Committee some of the effects of the drought, including the increased competition for water. He explained current statutes and penalties are not an effective deterrent. Even with current regulations, water is stolen and senior users need to be protected. Jade Henderson, State Board of Control, explained some of the penalties and fines and explained in most penalty statutes, a physical act is required which is difficult to prove unless you catch the person in the act. They would like to see some changes in water statutes so the unlawful use of the water is the criminal act, but no legislation was proposed at this time.
There being no further business, Senator Northup moved to adjourn the meeting, seconded by Representative Harvey and the motion passed. Chairman Geis adjourned the meeting at 11:30 a.m.
Respectfully submitted,
Senator Gerald E. Geis, Chairman