H.B. No. 0262 |
Very rare and uncommon areas. |
Sponsored By: Representative(s) Semlek, Davison and and Senator(s) Townsend
AN ACT relating to the Environmental Quality Act; eliminating the authority of the environmental quality council to designate lands as "very rare" or "uncommon"; providing a procedure for designation of lands as "very rare" or "uncommon"; amending the basis for denying a mining permit for lands designated as "very rare" or "uncommon"; making a conforming amendment; and providing for an effective date.
1/22/2009 Bill Number Assigned
1/23/2009 H Received for Introduction
1/26/2009 H Introduced and Referred to H09
2/4/2009 H09 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brechtel, Harvey, Lockhart, Meyer, Moniz and Stubson
Nays: Representative(s) Byrd, Roscoe and Zwonitzer, Dv.
Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0
2/4/2009 H Placed on General File
HB0262HS001/ADOPTED
Page 3-line 14 After "A designation" insert "of an area as very rare or uncommon".
Page 3-line 16 After "shall" delete balance of line and insert "be final until it has been enacted by the legislature and the council has recorded notice of the designation in the office of the county clerk in each county where the land is located. No designation made prior to July 1, 2009 shall require legislative approval if the council records notice of the designation in the office of the county clerk in each county where the land is located.".
Page 3-line 17 and 18 Delete all new language.
Page 4-line 9 Before "rare" insert "very". LOCKHART, CHAIRMAN
2/5/2009 H Passed CoW
HB0262H2001/FAILED
Page 3-line 15 After "enactment" insert "by bill sponsored by the joint minerals, business and economic development interim committee, another legislative committee or an individual legislator". GINGERY
2/6/2009 H Passed 2nd Reading
HB0262H3001/ADOPTED
Page 3-line 12 After "report" insert ", shall report the committee's recommendations regarding the designation to the legislature prior to the start of the next legislative session".
Page 3-line 14 After "designation." insert "Nothing in this paragraph shall be construed as preventing any legislative committee or legislator from sponsoring legislation seeking legislative approval of the designation.". SEMLEK
2/9/2009 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Berger, Bonner, Brechtel, Brown, Buchanan, Cannady, Childers, Cohee, Davison, Diercks, Edmonds, Hallinan, Harvey, Jaggi, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Semlek, Shepperson, Simpson, Stubson, Teeters and Wallis
Nays: Representative(s) Bagby, Barbuto, Blake, Byrd, Carson, Connolly, Craft, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Illoway, Jorgensen, Millin, Roscoe, Steward, Thompson, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 37 Nays 23 Excused 0 Absent 0 Conflicts 0
2/10/2009 S Received for Introduction
2/10/2009 S Introduced and Referred to S09
2/23/2009 S09 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Bebout, Cooper and Larson
Nays: Senator(s) Hunnicutt and Martin
Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0
2/23/2009 S Placed on General File
2/25/2009 S Passed CoW
HB0262S2001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1–line 4 Delete "legislative".
Page 3–line 7 Delete "joint minerals," insert "state loan and investment board no later than thirty (30) days after the hearing. The state loan and investment board shall consider the council's report and shall approve or disapprove the council's recommendation on the designation of an area as very rare or uncommon. The approval or disapproval by the state loan and investment board shall be considered a final agency action and may be appealed pursuant to the Wyoming Administrative Procedure Act;".
Page 3–lines 8 through 24 Delete.
Page 4–lines 1 through 5 Delete. LARSON
2/26/2009 S Passed 2nd Reading
HB0262S3001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 7 After ";" insert "making a conforming amendment;".
Page 1-line 11 Delete "and" insert ","; after "35-11-406(m)(iv)" insert "and 35-11-1001(b)".
Page 3-line 7 In the Larson Second Reading Amendment (HB0262S2001/ACE) to this line, after "Act" insert ". No designation of a very rare or uncommon area shall be final until it has been approved by the state loan and investment board and the council has recorded notice of the designation in the office of the county clerk in each county where the land is located. No designation made prior to July 1, 2009 shall require approval by the state loan and investment board if the council records notice of the designation in the office of the county clerk in each county where the land is located by December 31, 2011".
Page 4-after line 22 Insert:
"35-11-1001. Judicial review; temporary relief; conditions.
(b) Any person having a legal interest in
the mineral rights or any person or corporation having a producing mine or
having made substantial capital expenditures and commitments to mine mineral
rights with respect to which the state has prohibited mining operations because
the mining operations or proposed mining operations would irreparably harm,
destroy or materially impair an area that has been designated to be of a unique and irreplaceable very rare or uncommon and have particular
historical, archeological, wildlife, surface
geological, botanical or scenic or
natural value, may petition the district court for the district in
which the mineral rights are located to determine whether the prohibition so
restricts the use of the property as to constitute an unconstitutional taking
without compensation. Upon a determination that a taking has occurred the value
of the investment in the property or interests condemned shall be ascertained
and damages shall be assessed as in other condemnation
proceedings.". LARSON, BEBOUT
2/27/2009 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Coe, Cooper, Dockstader, Geis, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Meier, Perkins, Peterson, Townsend and Von Flatern
Nays: Senator(s) Burns, Case, Decaria, Esquibel, F., Hastert, Martin, Massie, Nicholas, Ross, Schiffer, Scott, Sessions and Vasey
Ayes 17 Nays 13 Excused 0 Absent 0 Conflicts 0
2/27/2009 H Received for Concurrence
3/2/2009 H Did Concur
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Bonner, Brechtel, Brown, Buchanan, Cannady, Childers, Cohee, Davison, Diercks, Edmonds, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Meyer, Miller, Moniz, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Simpson, Stubson, Teeters, Thompson and Wallis
Nays: Representative(s) Blake, Byrd, Connolly, Craft, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Jorgensen, Mercer, Millin, Patton, Steward, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Carson and Shepperson
Ayes 41 Nays 17 Excused 2 Absent 0 Conflicts 0
3/2/2009 Assigned Number HEA No. 0089
3/3/2009 H Speaker Signed HEA No. 0089
3/3/2009 S President Signed HEA No. 0089
3/12/2009 Governor Vetoed HEA No. 0089
Chapter No. VETO Session Laws of Wyoming 2009.