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.