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October 27 and 28, 2005
Dewitt Student Center, Trapper Room
Powell, Wyoming
Senator Gerald E. Geis, Chairman
Representative James C. Hageman, Vice Chairman
Senator Wayne H. Johnson
Senator Curt Meier
Senator Bill Vasey
Representative Kermit C. Brown
Representative Kathy Davison
Representative Ross Diercks
Representative Layton Morgan
Representative Mick Powers
Representative Doug Samuelson
Representative Mark Semlek
Representative Burke Jackson
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. Chairman Geis introduced new Committee member Senator Ray Peterson. The following sections summarize the Committee proceedings by topic. The order of the meeting generally followed the prepared agenda [Appendix 2].
Senator Meier moved to approve the minutes from the April meeting. Senator Vasey seconded the motion and the motion passed.
State Engineer Pat Tyrrell and Lisa Lindemann, Ground Water Division Administrator, discussed current ground water management issues [Appendix 3].
Bryce Reece, Wyoming Wool Growers Association (WWGA), presented draft bill 06LSO-0023.W2 [Appendix 4]. Senator Meier moved for the Committee to sponsor 06LSO-0023.W2 as a Senate File. The motion was seconded by Senator Vasey. Following discussion and amendments, including a notice provision and a contract provision, the Committee passed the bill 12-1-1, with Chairman Geis voting no and Representative Jackson excused. The bill will be Senate File 0017 [Appendix 5].
John Etchepare, Director of the Wyoming Department of Agriculture (WDA), presented draft bill 06LSO-0022.C1 [Appendix 6] and a packet of information to the Committee. [Appendix 7]. Senator Meier moved for the Committee to sponsor 06LSO-0022.C1 as a House Bill. Vice-Chairman Hageman seconded the motion.
Jim Magagna, Wyoming Stock Growers Association (WSGA), Terry Cleveland, Director of Wyoming Game and Fish Department, Roger Newkirk, rancher from Albany County and president of Albany County Predator Board, T.C. Page, Page Cattle Company and Bill Taliaferro, Sweetwater County Predator Animal Board spoke generally in favor of the bill [Appendices 8, 9 and 10]. James Bosler, rancher from Albany County had submitted a letter in support of the bill [Appendix 11]. Rod Krischke, State Director with the USDA-APHIS Wildlife Services presented some statistics on Predator program expenses [Appendix 12].
Following discussion and amendments, including changing a recommendation to comments from producers and changing funding and requirements under Section 2, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be House Bill 0024 [Appendix 13].
Senator Meier presented draft bill 06LSO-0020.C1 [Appendix 14] and the production by counties [Appendix 15]. Director Etchepare presented draft bill 06LSO-0035.C1 [Appendix 16] and the rotation schedule of the Board of Agriculture [Appendix 17]. Helen Jones, Board of Agriculture, spoke in favor of the 06LSO-0035 draft.
Following the presentation of the two Board of Agriculture bills, Senator Meier moved 06LSO-0035.C1 as a Senate File bill. Vice-Chairman Hageman seconded the motion and the motion passed. Following discussion by the Committee with no amendments, the Committee passed the bill 12-1-1, with Senator Meier voting no and Representative Jackson excused. The bill will be Senate File 0016 [Appendix 18].
Director Etchepare, Hank Uhden and Dale Heggem, Department of Agriculture presented draft bill 06LSO-0033.C1 [Appendices 19and 20]. Senator Vasey moved 06LSO-0033.C1 as a House Bill, seconded by Senator Meier. Tom Jones, Wyoming Ethanol and Keith Kennedy spoke generally in favor of the bill. Scott Zimmerman, Rocky Mountain Farmers Union said his group does not have a position at this time and Ken Hamilton, Wyoming Farm Bureau raised some concerns about the draft bill.
Following discussion and amendments, including an additional exemption for assessment, amending the preemption section and adding a sunset date, the Committee passed the bill 8-5-1, with Vice-Chairman Hageman, Senator Johnson and Representatives Powers, Samuelson and Semlek voting no and Representative Jackson excused. The bill will be House Bill 0040 [Appendix 21].
Director Etchepare and Slade Franklin, Department of Agriculture presented draft bill 06LSO-0110.C1 [Appendices 22and 23]. Senator Vasey had requested research from LSO on the collection and distribution of pesticide registration fees [Appendix 24]. Bob Park, Park County and Donna Ruffing, Niobrara County Weed and Pest, spoke in favor of the bill [Appendix 25].
Senator Meier moved 06LSO-0110.C1 as a Senate File bill. Following a second and no amendments, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be Senate File 0045 [Appendix 26].
Terry Cleveland, Director Wyoming Game and Fish Department presented draft bill 06LSO-0021.C1 [Appendix 27]. Senator Meier moved 06LSO-0021.C1 as a Senate File bill, seconded by Senator Vasey. Director Cleveland, Director Etchepare, Mr. Magagna, Dan McCarron, Animal Damage Management Board and Ben Lamb, Wyoming Wildlife Federation, spoke against the bill.
Following discussion by the Committee the bill failed 5-8-1 with Senator Johnson, Senator Peterson, Senator Vasey, Representative Davison, Representative Diercks, Representative Morgan, Representative Samuelson and Representative Semlek voting no and Representative Jackson was excused.
Director Etchepare presented draft bill 06LSO-0233.W2 [Appendix 28] and a letter from Troy Ellerman, Commissioner, Professional Rodeo Cowboys Association [Appendix 29]. Senator Meier moved 06LSO-0233.W2 as a Senate File bill, seconded by Senator Vasey. Following discussion with no amendments, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be Senate File 0013 [Appendix 30].
Karen Rose presented an update on the Arthropod-Borne Animal Disease Research Laboratory (ABADRL) [Appendix 31].
Gil Weibel presented an update on the seed lab, and then sponsored a tour of the facilities for the Committee [Appendices 32 and 33].
Following the seed lab tour, the Committee recessed until 8:00 a.m. Friday morning.
Chairman Geis called the meeting back to order at 8:00 a.m.
Dr. Dwayne Oldham, State Veterinarian and Dr. Walt Cook, Assistant State Veterinarian updated the Committee on livestock and wildlife diseases and other issues affecting the Livestock Board.
06LSO-0025.W3
– Protection of domestic animals.
Dr. Oldham and Kelly Hamilton presented draft bill 06LSO-0025.W3 [Appendix 34]. Vice-chairman Hageman moved 06LSO-0025.W3 as a House Bill, seconded by Representative Morgan. Tom Jones spoke in favor of the bill. Following discussion and amendments, including a name change, requiring a citation and modifying a definition, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be House Bill 0025, Cost of care bonding [Appendix 35].
06LSO-0027.W1
– Livestock dealer registration.
Dr. Oldham and Dr. Cook presented draft bill 06LSO-0027.W1 [Appendix 36] and handouts [Appendices 37-41]. Senator Meier moved 06LSO-0027.W1 as a Senate File bill, seconded by Senator Johnson. Representative Monte Olsen presented an amendment [Appendix 42]. Scott Zimmerman, Rocky Mountain Farmers Union and Mr. Magagna spoke in favor of the bill. Following discussion and amendments, including modifying a definition and the Olsen amendment, the Committee passed the bill 12-1-1, with Senator Peterson voting no and Representative Jackson excused. The bill will be Senate File 0015 [Appendix 43].
06LSO-0143.C1
– Brands.
Dr. Oldham and Lee Romsa, State Brand Commissioner, presented draft bill 06LSO-0143.C1 [Appendix 44]. Senator Meier moved 06LSO-0143.C1 as a House Bill, seconded by Vice-chairman Hageman. Mr. Magagna, Mr. Zimmerman and Ken Hamilton and David Largent, Largent & Sons, Inc., spoke in favor of the bill. Following discussion and amendments, including eliminating a surcharge when livestock are not available for inspection, changing a surcharge amount from 40% to 50%, modifying the task force membership and changing the report date, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be House Bill 0027 [Appendix 45].
06LSO-0134.W2
– Wyoming livestock board.
Mr. Magagna presented draft bill 06LSO-0134.W2 and a handout [Appendices 46 and 47]. Senator Vasey moved to split 06LSO-0134.W2 and to separate the electronic, quorum and compensation portions from the rest of the bill. Following a second by Senator Johnson, the motion passed. Ken Hamilton, Scott Zimmerman, Bill Taliafarro and Lois Herbst, Wyoming Stock Growers President, spoke generally in favor of the bill. Following discussion and no amendments on this portion of the bill, the Committee passed the original bill, with the electronic and compensation portions as a House Bill 13-1, with Representative Jackson excused. The bill will be House Bill 0039 [Appendix 48].
06LSO-0272
– Wyoming livestock board reorganization.
Senator Meier moved the portion of the split bill covering the Livestock Board reorganization as a Senate File, seconded by Representative Davison. Following discussion with no amendments to this portion of the bill, the Committee passed the bill 12-1-1, with Representative Semlek voting no and Representative Jackson excused. The bill will be Senate File 0034 [Appendix 49].
06LSO-0133.C1
– Eminent domain.
Mr. Magagna presented draft bill 06LSO-0133.C1 [Appendix 50]. The Committee had been provided a copy of the LSO memo [Appendix 51]. Vice-chairman Hageman moved 06LSO-0133.C1 as a House Bill, seconded by Senator Meier. Lori Kudrich, City of Cody, Zane Logan, Wyoming Association of Municipalities, Ken Hamilton and Pat Collins, Wyoming Department of Transportation spoke generally in favor of the bill.
Following discussion and amendments, including expanding the public use shall not include the taking of private property by a governmental entity for the benefit of another private party, including municipalities and consideration of private road condemnation, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be House Bill 0026 [Appendix 52].
06LSO-0273
– Eminent domain moratorium.
Tom Jones presented information on a moratorium on eminent domain [Appendix 53]. Senator Meier moved the moratorium language (06LSO-0273.W1) as a Senate File, seconded by Representative Davison. Zane Logan testified the Wyoming Association of Municipalities is in favor of the moratorium. Following discussion and one amendment to reflect the private road condemnation, the Committee passed the bill 13-1, with Representative Jackson excused. The bill will be Senate File 0026 [Appendix 54].
06LSO-0030.W2 – Misuse of state lands.
Lynne Boomgaarden, Director of the Office of State Lands and Investments (OSLI) presented draft bill 06LSO-0030.W2 [Appendix 55] and an Attorney General opinion [Appendix 56]. Senator Vasey moved 06LSO-0030.W2 as a Senate File, seconded by Representative Brown. Director Cleveland presented a proposed amendment [Appendix 57] and Director Boomgaarden presented a copy of OSLI Chapter 13 rules [Appendix 58]. Following discussion and including the Cleveland amendment, the Committee passed the bill 6-4-4, with Senator Meier, Representatives Davison, Diercks and Semlek voting no, and Senator Peterson and Representatives Jackson, Morgan and Powers excused. The bill will be Senate File 0018 [Appendix 59].
Director Boomgaarden updated the Committee on the issue regarding signage on state lands and presented an Attorney General letter regarding posting of public access to state lands and signage [Appendix 60].
Bill Crapser, State Forester updated the Committee on the status of forest health and presented a proposal for a hearing with the U.S. Forest Service to be held during the upcoming budget session [Appendices 61 and 62].
06LSO-0024.W2
– Anti-trust provisions.
Representative Samuelson presented draft bill 06LSO-0024.W2 [Appendix 63]. Senator Meier moved 06LSO-0027.W1 as a House Bill, seconded by Vice-chairman Hageman. Included in the discussion were handouts from LSO [Appendices 64 and 65]. Following discussion and no amendments, the Committee passed the bill 9-1-4, with Senator Vasey absent and Senator Peterson, Representative Jackson, Representative Morgan and Representative Powers excused. The bill will be House Bill 0029 [Appendix 66].
Lon Eisenbarth from the Horse Creek Conservation District and Mike Besson, Director of the Wyoming Water Development Office updated the Committee on the current status of the study. The Committee had been presented with a copy of letters from the Attorney General and Buchhammer & Kehl regarding the Horse Creek Conservation District and the Hawk Springs Reservoir [Appendices 67 and 68]. Mr. Besson and Mr. Eisenbarth were optimistic that upon completion of the study, the state and the Horse Creek Conservation District will be able to resolve the issues regarding the District and the reservoir.
Chairman Geis asked the group's pleasure on temporary water use by municipalities. Senator Vasey moved to resurrect 05SF0056, seconded by Senator Meier. Upon a vote, the motion failed 3-7-4 with Senator Meier, Senator Vasey and Representative Diercks voting yes, and Senator Peterson, Representative Jackson, Representative Morgan and Representative Powers excused.
There being no further business, Senator Johnson moved to adjourn the meeting. After a second and passing vote, the meeting was adjourned at 3:20 p.m.
Respectfully submitted,
Senator Gerald E. Geis, Chairman