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April 25 and 26, 2005
Riverton City Hall
Riverton, Wyoming
Senator Gerald E. Geis, Chairman
Representative James C. Hageman, Vice Chairman
Senator Curt Meier (April 25 only)
Senator Bill Vasey
Representative Kermit C. Brown
Representative Kathy Davison
Representative Ross Diercks
Representative Burke Jackson
Representative Layton Morgan
Representative Mick Powers
Representative Doug Samuelson
Representative Mark Semlek
Senator Wayne H. Johnson
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 8:30 am. The following sections summarize the Committee proceedings by topic. The order of the meeting generally followed the prepared agenda [Appendix 2].
John Etchepare, Director of the Wyoming Department of Agriculture (WDA), provided general comments on the department and the Board of Agriculture. [Appendix 3]. Mr. Etchepare and Helen Jones, Board of Agriculture, discussed the Board of Agriculture, the Youth Leadership Advisory Committee and the term, membership and responsibilities of the Board of Agriculture. [Appendices 4-14]. Under the proposed criteria, Appendix 5, the Youth Leadership would become full voting members of the Board of Agriculture and the term of the Board of Agriculture would be extended from four to six years. Ms. Jones spoke in favor of the Board of Agriculture remaining a statutory/regulatory board and against the board becoming a policy board.
Senator Vasey moved to draft legislation to increase compensation for the Board of Agriculture in accord with legislative compensation. The motion was seconded by Senator Meier and the motion passed.
Senator Vasey moved to draft legislation to add the four member Youth Advisory Board to the Board of Agriculture with the right to vote. The motion was seconded by Representative Diercks and passed.
Vice-Chairman Hageman moved to draft a bill to extend the term of the Board of Agriculture from four to six years. Representative Diercks seconded the motion. Senator Meier moved to amend the motion to set up a 13 district board with the top three agriculture counties each having one member on the board, and the other 10 members each representing two counties, with those counties alternating where the representation is from with no political affiliation requirement. Representative Brown seconded the amendment. The Amendment passed. The motion as amended passed.
Jim Swartz, Roy Reichenbach and Hank Uhden, WDA, provided information regarding the Wyoming Weed and Pest Control Districts, the Predatory Animal Districts, the Animal Damage Management Board and their respective responsibilities. [Appendices 15-22].
Bryce Reese, Wyoming Wool Growers Association (WWGA), explained a survey being conducted regarding the needs of county Predatory Animal Boards. [Appendix 23].
Bill Taliaferro, Sweetwater/Lincoln County Predator Animal Board and Sweetwater County Weed and Pest District, discussed proposed changes to Chapter 5, Weed and Pest statutes. [Appendix 24]. He spoke in favor of supporting the county boards being allowed to do what is in the best interest of the county, including allowing the counties to add county specific species in their districts.
Scott Zimmerman, Rocky Mountain Farmers Union (RMFU), explained money had been put into the Department of Agriculture budget for predator and grasshopper control and in lean years the money was used for other expenses and never reimbursed. He suggested the Department of Agriculture check its figures to determine the amount of money transferred as a place to start for the amount of money needed for predator programs.
Gary Henry, Uinta County Weed and Pest District, provided information to the Committee [Appendix 25]. He testified the current statutes are adequate and spoke against changing the statutes to allow weed and pest districts to spend money for predator control.
Mike Forman, Park County Weed and Pest District, and Gene Hardy, Board of Agriculture, spoke in favor of keeping the weed and pest districts separate from the predator animal boards.
Lawrence Baker, Fremont County Weed and Pest District, testified he is the chairman of a committee considering whether statutory changes are needed regarding this issue and his committee's recommendation will be not to make any changes to the weed and pest statutes.
Jim Magagna, Wyoming Stock Growers Association (WSGA), explained predator control is a wildlife management issue and the state should budget money to properly manage wildlife, including predators.
Senator Vasey moved to draft a bill so the surcharge on pesticides that is currently going into the general fund will be transferred to the Department of Agriculture for weed and pest control. Representative Powers seconded the motion and the motion passed.
Representative Brown moved to draft a mandatory wildlife management stamp, based on the conservation stamp, to be set at a reasonable price. Following a second by Senator Meier, the motion passed.
Representative Semlek moved to add $5,000,000.00 to the Animal Damage Management Board for grants for the control of predators. Senator Vasey seconded the motion and the motion passed.
Bryce Reese, WWGA, presented the Committee a draft bill for changes to the abandonment of sheep statute. [Appendix 26]. These changes would provide more protection for sheep producers to prevent herders from breaching contracts and leaving bands of sheep unprotected.
Representative Samuelson moved to draft this bill as presented. The motion was seconded by Representative Davison and passed.
Following general discussion on the grain indemnity issue, Vice-Chairman Hageman moved to draft three bills covering the grain indemnity issue, including potentially a grain indemnity account, a trust and agency account or additional bonding. Representative Davison seconded the motion and the motion passed.
Lon Eisenbarth and Scott Ross from the Horse Creek Conservation District provided an outline, perspectives and solutions to the Committee [Appendix 27] and explained the district's concerns with current operations. Following discussion by the Committee, Representative Brown moved to ask the Attorney General for a white paper covering the analysis of the project agreement, ownership, easements and other rights and how they all fit together regarding the Horse Creek Conservation District. Following a second by Senator Meier, the motion passed.
Karen Rose presented an update on the Arthropod-Borne Animal Disease Research Laboratory (ABADRL). [Appendix 28]. Ms. Rose stated part of the lab is still closed and locked down and explained the efforts being made to reopen the facility. An update and potential options will be presented at the fall meeting.
Representative Samuelson discussed the issue of not having any anti-trust legislation, the effect of the Illinois Brick decision and potential problems with the concentration of certain segments of agriculture. [Appendix 29]. Representative Samuelson moved to draft a bill dealing with the Illinois Brick repealer. Representative Brown seconded the motion and the motion passed.
The Committee recessed until 8:30 a.m. Tuesday morning.
Chairman Geis called the meeting back to order at 8:30 a.m.
Dr. Dwayne Oldham, State Veterinarian, updated the Committee on livestock and wildlife diseases and other issues affecting the Livestock Board. Kelly Hamilton, Livestock Board Law Enforcement Administrator, explained the costs to the Livestock Board for care of animals lawfully seized on one case for a total of $44,767.08 and the need for changes the protection of domestic animals. [Appendices 30 and 31]. Senator Vasey moved to draft a bill on the protection of domestic animals using the language presented by Mr. Hamilton. Representative Semlek seconded the motion and the motion passed.
Dr. Oldham explained the animal identification program is currently voluntary but it is expected to be mandatory by the federal government by 2009. Dr. Oldham would like to see Wyoming's animal identification program in place before the federal mandate. Lee Romsa, Livestock Board State Brand Commissioner, explained Wyoming's pilot project, some of the background information on animal identification and some of the traceback issues. [Appendices 32-34]. Jim Magagna, WSGA, presented the committee with information on WYTRAX. [Appendix 35]. An update on the pilot project will be given at the fall meeting.
Dr. Walt Cook, Assistant State Veterinarian, discussed the background and issues related to the need to register livestock dealers. [Appendices 36-38]. He testified it will be necessary to have livestock dealers registered before the Brucellosis Free status can be regained for Wyoming.
Senator Vasey moved to draft the bill on registration of livestock dealers. After a second by Vice-Chairman Hageman, the motion passed.
Any Toyne testified to the Committee regarding her experience in losing some cattle and what happened when the cattle were found in Torrington and Lusk. Dale Armstrong, Brand Inspector, added information for the Committee.
Wade Hall, Ad Valorum Administrator, Department of Revenue presented information to the Committee [Appendices 39-43] and explained the process for determining agricultural valuations. Mr. Hall briefly described the effects of conservation easements on land valuations.
Mr. Magagna, WSGA, presented information to the Committee [Appendices 44-47] and asked the Committee to consider a bill draft similar to the Oregon law. Laurie Urbigkit, Wyoming Association of Realtors, spoke in favor of this topic.
Following discussion, Representative Brown moved to draft a bill, seconded by Vice-Chairman Hageman. The motion passed.
Lynne Boomgaarden, Director of the Office of State Lands and Investments (OSLI) presented information to the Committee [Appendices 48 and 49] and discussed recreation abuse issues on state lands. She stated it is premature to ask for legislation because a task force established by SF19 from the 2005 session will address this topic. The task force is waiting for the final members to be appointed by the President of the Senate and the Speaker of the House of Representatives before it can begin its work. Ms. Boomgaarden explained the need for enforcement for abuses similar to the bond schedule used by the Wyoming Game and Fish Department.
Vice-Chairman Hageman moved to draft a bill for bond schedule for abuses on state lands. Representative Samuelson seconded the motion and the motion passed.
Bill Crapser, State Forester presented an update to the Committee on the forest situation and provided cost estimates for the upcoming fire season.
Jim Schwartz, WDA, provided an update on the seed lab and explained it is doing so well it is outgrowing current space available and the seed lab is in need of additional storage and space. [Appendix 50].
Vice-Chairman Hageman moved to draft a bill to provide funding for additional storage and space for the seed lab. Representative Davison seconded the motion and the motion passed.
The Committee voted to have the fall meeting in Powell, Wyoming on October 27 and 28, 2005. There being no further business, the meeting was adjourned at 12:30 p.m.
Respectfully submitted,
Senator Gerald E. Geis, Chairman