FIFTY-NINTH WYOMING LEGISLATURE

APPROVED INTERIM COMMITTEE STUDIES

2008 INTERIM

 

  JOINT JUDICIARY INTERIM COMMITTEE

  Standard Budget:                $30,000

Priority # 1          Carbon Capture and Sequestration

The Committee was assigned carbon capture and sequestration as a topic last interim because of its importance to the energy industry in Wyoming.  While the Committee successfully sponsored legislation in the 2008 Budget Session to address significant issues related to ownership of pore space and the regulation of carbon capture and sequestration, there remain other issues that the Committee may still need to review, including  eminent domain and forced pooling issues. The Legislature must be prepared to respond to potential regulations the Environmental Protection Agency may promulgate this year relating to carbon capture and sequestration. [This is anticipated by Management Council to be a 2 year study]

 

Priority # 2 (a)    Driving while under the influence (DUI)

 

For several years, there have been numerous efforts to amend laws relating to driving while under the influence of alcohol or controlled substances.  Those efforts have all attempted to address specific provisions of the law, primarily the penalties for DUI, but there has not been an attempt to examine the entire process relating to DUI.  The Committee proposes to examine the entire process, from testing procedures for DUI, arrests and citations, bail and release provisions, to what charges and penalties are imposed for DUI offenses.  Research will require input from law enforcement, prosecutors, the court system and corrections, to determine what changes may be necessary to address the problems associated with DUI in Wyoming.  The study will be limited to a review of charges and penalties imposed by all courts in Wyoming. [Note: The Scope of this study was modified by Management Council]

 

Priority # 2 (b)   Lien Statutes – anticipated to be a 2 year study. [Note:  This Study was added by Management Council]

 

Priority # 3         Process for authorization and creation of  new judge positions in the State.

 

Concern has been expressed about the lack of a uniform process for the authorization and creation of new judge positions at the circuit and district court levels.  In the past, judge positions have frequently been created under individually sponsored legislation, without adequate discussion of the need for the position prior to the legislative session in which the legislation is to be considered.  The Committee proposes to study how a systematic process can be established to ensure there is a legislative review of any proposed new judge position before legislation is presented to create the position.  The study may include review of the criteria for determination of the need for new judicial positions and the process to ensure adequate legislative consideration of any request for the creation of new judicial positions before legislation is drafted.

 

Priority # 4         Miscellaneous Reports

 

The Committee will be receiving numerous reports in the 2008 interim, including  reports from: the Drug Court Steering Committee, with recommendations for changes to the drug court system in the state; the Governor's Advisory Council on Juvenile Justice; the Department of Family Services on its child support guidelines review; and a report from the Domestic Violence Elimination Council (DOVE), on standards for treatment of domestic violence perpetrators.  These reports may propose or require legislative action.

 

Priority # 5         Castle Doctrine

 

If 2008 House Bill 0137, Castle doctrine, is not enacted into law, the Committee proposes to consider the law of self defense in Wyoming to determine whether the existing law should be amended, or codified in statute.  [Note: Study deleted by Management Council]

 

Tentative Meeting Schedule.

 

The Committee anticipates three 2-day meetings to occur in May, August and in late October or Early November.