|
H.B. No. 0018 |
Aquatic invasive species-2. |
Sponsored By: Joint Travel, Recreation, Wildlife and
Cultural Resources Interim Committee
AN ACT relating to game and fish and the
department of state parks and cultural resources; providing for control of
aquatic invasive species; providing for inspection of conveyances; providing
for decontamination orders; providing for impoundment and quarantine; providing
for rules; providing for inspection fees; providing civil and criminal
penalties; authorizing the filling of a vacant position; providing an
appropriation; providing a continuous appropriation; requiring reports; and
providing for an effective date.
12/28/2009 Bill
Number Assigned
2/8/2010 H
Received for Introduction
2/9/2010 H
Introduced and Referred to H06
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd,
Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds,
Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey,
Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim,
McOmie, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg,
Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson,
Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 58 Nays
0 Excused 2 Absent 0 Conflicts
0
2/11/2010 H06
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Bonner, Brown, Childers,
Connolly, Davison, Jaggi, Millin, Shepperson and Thompson
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts
0
2/11/2010 H
Placed on General File
2/11/2010 H
Rereferred to H02
2/16/2010 H02
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Berger, Hammons, Harshman,
Jorgensen, Pedersen and Steward
Excused: Representative(s) Philp
Ayes 6 Nays
0 Excused 1 Absent 0 Conflicts
0
2/16/2010 H
Placed on General File
HB0018HS001/ADOPTED
Page 1-line 1 After "fish" insert
"and the department of state parks and cultural resources".
Page 1-line 6 Delete "an appropriation"
insert "appropriations; providing a continuous appropriation".
Page 4-line 4 After "(iii)" delete
balance of the line and insert "Introduce".
Page 4-line 5 Delete the line through
"planted".
Page 4-line 6 After "into" delete
"the" insert "any".
Page 4-line 20 After "commission" insert
"and the department of state parks and cultural resources".
Page 4-line 22 After "article and" delete
the balance of the line and insert "to".
Page 4-line 23 Delete entirely.
Page 5-line 1 Delete entirely.
Page 5-line 3 Delete "The".
Page 5-lines 4 through 7 Delete entirely.
Page 5-line 11 After "commission" insert
"and the department of state parks and cultural resources".
Page 5-line 21 After "commission" insert
", in consultation with the department of state parks and cultural
resources,".
Page 8-line 1 After "commission" insert
"and the department of state parks and cultural resources".
Page 8-line 4 Delete "may" insert
"and the department of state parks and cultural resources shall".
Page 8-After line 15 Insert:
"(c)
The department of state parks and cultural resources may collect fees
and shall transfer those fees collected to the commission for deposit in the
account created pursuant to W.S. 23-1-501(g).".
Page 9-line 5 After "commission" insert
"and the department of state parks and cultural resources".
Page 9-line 6 After "commission" insert
"or the department of state parks and cultural resources".
Page 9-After line 8 Insert:
"Section
2. W.S. 23-1-501 by creating a new
subsection (g) is amended to read:
23-1-501. Game
and fish fund.
(g) An account within the game and
fish fund is created. Revenues received
pursuant to W.S. 23-4-204 shall be credited to the account and are continuously
appropriated to the commission to be expended for the prevention, surveillance,
containment and direct and indirect costs associated with the administration of
the aquatic invasive species program created under chapter 4, article 2 of this
act.".
Page 9-line 10 Delete "2" insert "3".
Page 9-line 12 After "department" insert
"and one million one hundred thousand dollars ($1,100,000.00) from the
general fund to the department of state parks and cultural resources";
delete "This appropriation" insert "These appropriations".
Page 9-line 14 Delete "This appropriation"
insert "These appropriations".
Page 9-line 16 Delete "this" insert
"these appropriations".
Page 9-line 17 Delete "appropriation".
Page 9-line 19 Delete "this appropriation"
insert "these appropriations".
Page 10-line 1 Delete "3" insert "4". CHILDERS, CHAIRMAN
HB0018HW001/ADOPTED
Page 8-After line 5 Insert:
"(i)
An annual fee shall be collected by the commission or the department of
state parks and cultural resources for every watercraft before the watercraft
enters the waters of the state. Payment
of the fees shall be evidenced by a sticker placed on the bow of the watercraft
and no person shall operate nor shall the owner permit the operation of any
watercraft on the waters of the state without payment of the fees provided in
this section and display of the sticker on the bow of the watercraft. For purposes of this paragraph,
"watercraft" means any contrivance used or designed primarily for
navigation on water but does not include personal flotation devices."
Renumber
as necessary. BROWN
HB0018HS002.01/ADOPTED (CORRECTED COPY)
Page 1-line 6 After "penalties;" insert
"authorizing the filling of a vacant position;"
Page 9-line 12 In the first standing committee
amendment (HB0018HS001/A) to this line delete "one million one hundred
thousand dollars ($1,100,000.00)" insert "five hundred thousand
dollars ($500,000.00)".
Page 9-line 20 After "2012." insert
"None of these appropriations shall be included in either the game and
fish department's or the department of state parks and cultural resources'
2013-2014 standard biennial budget
request.".
Page 9-After line 20 Insert:
"Section
4. The game and fish department is
authorized to fill one (1) biologist supervisor full-time equivalent position
which is vacant as of the effective date of this act to serve as the
coordinator of the program created by this act.
The authorization under this section to fill the vacant position shall
not be considered to be the filling of a vacant position for purposes of
section 314 of 2010 House Bill 0001. The
general fund appropriation to the game and fish department in section 3 of this
section shall be reduced dollar for dollar by any funds appropriated in 2010
House Bill 0001 to the department for the vacant position filled pursuant to
this section.".
Renumber as necessary. BERGER, CHAIRMAN
HB0018HS002.02/FAILED (CORRECTED COPY)
Page 8-line 15 Delete "." insert
";".
Page 8-After line 15 Insert:
"(iii) Fees shall be established such
that the fees imposed upon a nonresident for an inspection is four (4) times
the fee imposed upon a resident for the inspection."
Renumber as necessary. BERGER, CHAIRMAN
2/17/2010 H Passed CoW
HB0018H2001/ADOPTED
Page 9-After line 20 Insert:
"Section
5. The legislature recognizes that
the program created by this act, in protecting the waters of this state from
the deleterious effects of aquatic invasive species will be especially
beneficial to the infrastructure owned by the
Renumber as necessary. STEWARD
HB0018H2002/FAILED
Page 8-After line 5 In the Brown committee of the whole
amendment (HB0018HW001/A) to this line after "(i)" insert
"Except as provided in paragraph (iv) of this subsection,".
Page 8-After line 15 Insert:
"(iv)
Until such time when aquatic invasive species become established in the
waters of the state, watercraft belonging to residents of this state that are
operated solely within the waters of this state, as evidenced by an affidavit
of the owner, shall be subject to the payment of fees and sticker renewal
requirements under paragraph (i) of this subsection once every five (5)
years.". LANDON
HB0018H2003/FAILED
Page 8-After line 5 In the Brown committee of the whole
amendment (HB0018HW001/A) to this line delete "but does not include
personal flotation devices" insert "propelled in any respect by
propulsion machinery powered by an energy source other than human
effort". TEETERS
2/18/2010 Amendment Failed
HB0018H2005/FAILED
Page 1-line 5 Delete "civil and".
Page 8-line 19 Delete "(a)".
Page 9-lines 1 through 8 Delete entirely including the first
standing committee amendment (HB0018HS001/A) to these lines. LUBNAU, SIMPSON
HB0018H2006/ADOPTED
Page 2-line 12 After "watercraft," insert
"raft,".
HB0018H2007/ADOPTED
Page 8-line 15 After "article" insert
". Fees established under this
subsection shall be established such that the annual fees imposed upon a
nonresident shall be higher than the fees imposed upon a resident in a ratio
that is at least as high as the average ratio between the cost to residents and
nonresidents of all hunting licenses set forth in W.S. 23-2-101(j)". HARSHMAN
HB0018H2004.01/ADOPTED (CORRECTED COPY)
Page 4-line 1 After "species" insert
"in this state".
Page 4-line 11 After "an" insert
"unreported".
Page 4-line 12 After "location" insert
"in this state".
LUBNAU, SIMPSON
HB0018H2004.02/FAILED (CORRECTED COPY)
Page 5-line 22 After "41-13-211(b)" delete
"in" insert "upon a finding that a specific body of water is
threatened with the imminent introduction of an aquatic invasive
species.".
Page 5-line 23 Delete entirely.
Page 7-line 6 After ";" insert
"and".
Page 7-lines 8 through 10 Delete entirely.
Page 7-line 12 Delete "(iii)" insert
"(ii)". LUBNAU, SIMPSON
2/18/2010 H Passed 2nd
HB0018H3001/ADOPTED
Delete the Harshman second
reading amendment (HB0018H2007/A) entirely.
BROWN
HB0018H3002/ADOPTED
Page 5-line 22 After "41-13-211(b)" delete
"in" insert "upon a finding that a specific body of water is
threatened with the imminent introduction of an aquatic invasive species or an
aquatic invasive species has been introduced to the specific body of
water.".
Page 5-line 23 Delete entirely. LUBNAU
HB0018H3003/ADOPTED (CORRECTED COPY)
Page 9-line 5 After "article" insert
"but shall not include costs associated with the eradication of an aquatic
invasive species introduced into the waters of this state". LUBNAU
2/19/2010 H Passed 3rd
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brown, Buchanan, Byrd, Cannady, Carson,
Childers, Cohee, Connolly, Craft, Davison, Esquibel, K., Gingery, Goggles,
Hales, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart,
Lubnau, Madden, McKim, McOmie, Millin, Moniz, Patton, Pedersen, Petersen,
Roscoe, Shepperson, Simpson, Steward, Stubson, Thompson, Throne, Zwonitzer, Dn.
and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Diercks,
Excused: Representative(s) Hallinan and Philp
Ayes 47 Nays
11 Excused 2 Absent 0 Conflicts
0
2/22/2010 S
Received for Introduction
2/22/2010 S
Introduced and Referred to S06
2/24/2010 S06
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Burns, Coe, Dockstader,
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/24/2010 S
Placed on General File
2/24/2010 S
Rereferred to S02
2/26/2010 S02
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Massie, Meier, Nicholas, Peterson
and Townsend
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/26/2010 S
Placed on General File
HB0018SS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 9 After "appropriation;"
insert "requiring reports;".
Page 8-line 16 Delete "personal flotation
devices" insert "water sport toys as defined by rule and regulation
of the commission".
Page 8-line 18 After "by" insert
"commission".
Page 10-line 20 Delete "five hundred" insert
"one million one hundred thousand dollars ($1,100,000.00)".
Page 10-line 21 Delete through
"($500,000.00)".
Page 12-after line 10 Insert and renumber:
"Section
6.
(a) The state parks and
cultural resources department shall, not later than October 1, 2011, report to
the joint travel, recreation, wildlife and cultural resources interim committee
and the joint appropriations interim committee on the effective utilization of
law enforcement resources and personnel.
(b) The game and fish
commission shall, not later than October 1, 2011, report to the joint travel,
recreation, wildlife and cultural resources interim committee on the
effectiveness of the aquatic invasive species program.". BURNS, CHAIRMAN
HB0018SS002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 8 Delete "appropriations"
insert "an appropriation".
Page 10-lines 18 through 24 Delete including the First Senate Standing
Committee Amendment (HB0018SS001/A) to these lines and insert:
"Section
3. There is appropriated one million
five hundred thousand dollars ($1,500,000.00) from the general fund to the game
and fish department. This appropriation
shall be for the period beginning with the effective date of this act and
ending June 30, 2012. This appropriation
shall only be expended for the purposes of this act. Notwithstanding any other provision of law,
this appropriation shall not be transferred or expended for any other purpose
and any unexpended, unobligated funds remaining from this appropriation shall
revert as provided by law on June 30, 2012.
This appropriation shall not be included in the game and fish department's
2013-2014 standard biennial budget request.
The department of state parks and cultural resources and the game and
fish department shall, not later than November 1, 2010, jointly report to the
joint appropriations committee and the joint travel, recreation, wildlife and
cultural resources interim committee on the long term funding needed for the
program created by this act.".
Page
11-lines 1 through 10 Delete. NICHOLAS, CHAIRMAN
HB0018SW001/FAILED (TO ENGROSSED COPY)
Delete the Second Senate Standing
Committee Amendment (HB0018SS002/A) entirely and further amend as follows:
Page 10-lines 18 through 24 Delete including the First Senate Standing
Committee Amendment (HB0018SS001/A) to these lines and insert and renumber:
"Section
3.
(a) There is appropriated one
million five hundred thousand dollars ($1,500,000.00) from the general fund to
the game and fish department. This
appropriation shall be for the period beginning with the effective date of this
act and ending June 30, 2012. This appropriation
shall only be expended for the purposes of this act. Notwithstanding any other provision of law,
this appropriation shall not be transferred or expended for any other purpose
and any unexpended, unobligated funds remaining from this appropriation shall
revert as provided by law on June 30, 2012.
This appropriation shall not be included in the game and fish
department's 2013-2014 standard biennial budget request.
(b) There is appropriated three
hundred eighty-four thousand two hundred sixty-seven dollars ($384,267.00) from
the general fund to the department state parks and cultural resources. This appropriation shall be for the period
beginning with the effective date of this act and ending June 30, 2011. This appropriation shall only be expended for
law enforcement, extra fee booth coverage for selling permits, for resolution
of any fee booth Conflicts,
providing for education, public relations and for inspections. Notwithstanding any other provision of law,
this appropriation shall not be transferred or expended for any other purpose
and any unexpended, unobligated funds remaining from this appropriation shall
revert as provided by law on June 30, 2011.
This appropriation shall not be included in the department of state
parks' 2013-2014 standard biennial budget request.
Section
4. The department
of state parks and cultural resources and the game and fish department shall,
not later than November 1, 2010, jointly report to the joint appropriations
committee and the joint travel, recreation, wildlife and cultural resources
interim committee on the long term funding needed for the program created by
this act.".
Page
11-lines 1 through 10 Delete. BURNS
3/1/2010 S Passed CoW
HB0018S2001/FAILED (TO ENGROSSED COPY)
Page 8-line 22 After "(iii)" insert
"Except as otherwise provided in this paragraph,".
Page 9-line 2 After "article." insert
"Annual fees established under this subsection shall not exceed:
(A) Five dollars ($5.00) for in
state watercraft;
(B) Fifteen dollars ($15.00) for
watercraft licensed to be used outside
3/2/2010 S Passed 2nd
3/3/2010 S Passed 3rd
ROLL
CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Coe,
Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hines, Hunnicutt,
Nays: Senator(s) Case, Hastert, Landen and Perkins
Ayes 26 Nays
4 Excused 0 Absent 0 Conflicts
0
3/3/2010 H
Received for Concurrence
3/3/2010 H
Did Not Concur
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby, Blake,
Blikre, Bonner, Byrd, Cannady, Childers, Connolly, Craft, Esquibel, K., Hales,
Jaggi, Jorgensen, Kimble, Landon, Lockhart, Madden, Patton, Petersen and
Thompson
Nays: Representative(s) Barbuto, Berger, Brechtel,
Brown, Buchanan, Carson, Cohee, Davison, Diercks, Edmonds, Gilmore, Gingery,
Goggles, Hammons, Harshman, Harvey, Illoway, Lubnau, McKim, McOmie, Miller,
Millin, Moniz, Peasley, Pedersen, Quarberg, Roscoe, Semlek, Shepperson,
Simpson, Steward, Stubson, Teeters, Throne, Wallis, Zwonitzer, Dn. and
Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 21 Nays
37 Excused 2 Absent 0 Conflicts
0
3/3/2010 H
Appointed JCC01 Members
Representative(s) Childers, Brown, Teeters
3/4/2010 S
Appointed JCC01 Members
Senator(s) Burns, Landen, Sessions
3/4/2010 H
Adopted HB0018JC01
ROLL
CALL
Ayes: Representative(s) Bagby, Barbuto, Berger,
Blake, Blikre, Bonner, Brown, Buchanan, Cannady, Childers, Cohee, Connolly,
Craft, Davison, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons,
Harshman, Harvey, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden,
McOmie, Millin, Moniz, Patton, Pedersen, Petersen, Roscoe, Shepperson, Simpson,
Stubson, Thompson and Throne
Nays: Representative(s)
Excused: Representative(s) Hallinan and Philp
Ayes 41 Nays
17 Excused 2 Absent 0 Conflicts
0
3/4/2010 S Adopted HB0018JC01
ROLL
CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Coe,
Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt,
Jennings, Johnson, Larson, Martin, Massie, Meier, Meyer, Nicholas, Perkins,
Peterson, Schiffer, Scott, Sessions, Townsend and Von Flatern
Nays: Senator(s) Case and Landen
Excused: Senator(s) Ross
Ayes 27 Nays
2 Excused 1 Absent 0 Conflicts
0
HB0018JC01/AA
ADOPTED
Adopt
the following Senate amendments:
HB0018SS002/AE
Delete
the following Senate amendments:
HB0018SS001/AE
Further amend the ENGROSSED COPY as follows:
Page 1-line 9 After "appropriation;"
insert "requiring reports;".
Page 3-line 9 Delete "." insert
";".
Page 3-After line 9 Insert:
"(vi) "Water sport toy" means a
sailboard, float tube, kite board or any aid to swimming or fishing that is not
designed primarily for navigation.".
Page 8-line 16 After "devices" insert
"or water sport toys".
Page 8-line 18 After "by" insert
"commission".
Page 11-line 20 Delete "this section" insert
"this act".
Page 12-after line 10 Insert and renumber:
"Section
6.
(a) The state parks and
cultural resources department shall, not later than October 1, 2011, report to
the joint travel, recreation, wildlife and cultural resources interim committee
and the joint appropriations interim committee on the effective utilization of
law enforcement resources and personnel.
(b) The game and fish commission
shall, not later than October 1, 2011, report to the joint travel, recreation,
wildlife and cultural resources interim committee on the effectiveness of the
aquatic invasive species program.".
CHILDERS, BROWN, TEETERS,
BURNS, LANDEN, SESSIONS
3/5/2010 Assigned Number HEA No. 0062
3/5/2010 H Speaker Signed HEA No. 0062
3/5/2010 S President Signed HEA No. 0062
3/10/2010 Governor Signed HEA No. 0062
3/10/2010 Assigned Chapter Number
Chapter
No. 0098 Session Laws of Wyoming
2010