Revised DRAFT ONLY – APPROVAL PENDING
SUMMARY OF PROCEEDINGS
JOINT AGRICULTURAL, PUBLIC LANDS AND WATER RESOURCES INTERIM COMMITTEE
Super 8 Motel
Homesteader Room
1548 Main Street
Torrington, WY 82240
June 24 & 25, 2002
PRESENT: Senator Gerald E. Geis and Representative James C. Hageman, Cochairmen.
Senators Rich Cathcart, Bill Barton, Curt Meier and Bill Vasey.
Representatives Pat Childers, Ross Diercks, John L. Eyre, Charles Hessenthaler, George McMurtrey, Owen Peterson and Doug Samuelson.
Other legislators present: Representative Roger Huckfeldt.
Legislative Service Office: Karen Byrne, Staff Attorney.
Others: See Appendix 1(a) for June 24, 2002 and Appendix 1(b) for June 25, 2002.
ABSENT: Representative Bill Thompson.
AGENDA: See Appendix 2.
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Cochairman Geis called the meeting to order at 8:00 a.m.
Conservation easements and the preservation of open spaces were discussed. The committee was informed that conservation easements were being formed every day under common law principles. If statutes controlled the formation, however, then the legislature would have control over the process and could allow for more flexibility and variety. Concerns were raised regarding who would pay taxes on conservation easements and that easements in perpetuity might be violative of Wyoming's constitution. The University of Wyoming is presently doing a study of the fiscal impact of rural land fragmentation. Staff was directed to work with the university to obtain information for the committee regarding conservation easements. Several groups provided their opinions about easements. [Appendices 3 and 4].
Wildlife consumptive costs/Wildlife Trust Fund
[Elk Forage Compensation Group updates]
Ron Micheli, director of Department of Agriculture, submitted a letter supporting monies to Game and Fish for wildlife feeding compensation. [Appendix 5]. Terry Cleveland, Game and Fish, discussed long-term compensation for damages incurred by landowners feeding wildlife. He stated that in 2001, 149 claims were submitted: 90% were paid; 77% paid in full; 17% partially paid; and, 1% denied because they did not notify Game and Fish in a timely manner. [Appendices 6, 7, 8 and 9]. The committee discussed statutory changes. LSO staff was directed to work with the two agencies to create statutory changes and draft proposed legislation creating a trust fund of $100,000.00 to pay for consumptive use. The Department of Agriculture will be the lead agency with Game and Fish acting as a consultant.
Bill Wichers, Game and Fish, discussed the delisting of wolves. The state must come up with a management plan before the federal government will delist wolves. [Appendix 10].
Wyoming Regulatory Takings Act
The committee discussed the Wyoming Regulatory Takings Act. [Appendix 11]. Ted Preston, Attorney General's Office, stated that the takings guidelines for agencies are being updated. The Committee was concerned that persons were not being properly compensated for a 'taking'. It was suggested that a cross section of state agencies be polled regarding their compliance with the statute.
Senator Vasey moved, and Representative Eyre seconded, for proposed legislation to clarify the act and to propose legislation, which will provide an attorney to assist citizens who think that the state has taken from them. [Appendix 12]. The motion passed unanimously.
Small parcel irrigators-education
The committee discussed problems of subdivisions wasting water. Randy Tullis, Board of Control, discussed what his agency is doing to educate small irrigators. [Appendix 13 and 14].
Well driller and pump installation contractor licenses
Many persons spoke and submitted letters in support of legislation requiring well driller and pump installation contractor licenses. [Appendix 16, 16a, 16b and 16c]. The Committee was concerned that some of the proposed requirements did not seem related to being a competent well driller. Dennis Hemmer, director of Department of Environmental Quality wrote a letter in support of the legislation. [Appendix 15]. Senator Meier moved, and Representative McMurtry seconded, to draft the proposed legislation. The motion failed six to six.
Biotechnology
John "Lars" Baker, Fremont County Weed and Pest, gave a presentation requesting funding. He stated that 22 designated weeds affect 1.3 million acres; weeds permanently alter the environment. [Appendix 17]. Frank Dailey, University of Wyoming stated that the university had a new professor for biotechnology. The Committee suggested that they ask for grants from the business council and also request supplemental budget money.
Mary Lin Chin, International Food Information Council, gave a presentation on biotechnological foods. [Appendix 18]. She stated that only 1/32 of the world is available to grow food for the whole population. In 1930, twenty per cent of Americans were involved with agriculture; now only 2% are. Research done here will benefit third world countries.
Ethanol tax credit
The Committee discussed extending the tax credit for ethanol products and allowing the credit for other similar businesses. The Committee was told that the community supports the ethanol plant and the tax credit. [Appendix 19, 20 and 21]. LSO staff was directed to work with interested persons to draft legislation for the Committee to review at their next meeting.
Cochairman Hageman called the meeting to order at 8:30 a.m.
Recreational use fees for state lands
Jim Whalen, Office of State Land and Investments, distributed a study done in 1998. He stated that charging a recreation fee on state lands would be a costly program because it would need sellers, agents and enforcement personnel. [Appendix 22].
Disease and Wyoming Wildlife Disease Research Partnership update
Dr. Jim Logan, state veterinarian, informed the Committee about West Nile Virus. It is transmitted from birds to mosquitoes to people so one should reduce exposure to mosquitoes. To date, it has not migrated to Wyoming. Dr. Terry Kreeger, Game and Fish veterinarian, talked about the effects of chronic wasting disease. [Appendix 23 and 24].
The Wyoming Wildlife Disease Research Partnership has held four meetings and has money available for disease research. Frank Galey, University of Wyoming stated that the program was set up and they were working with the federal government.
Bio-terrorism effects on agriculture
Dr. Jim Logan, state veterinarian, gave a presentation regarding agroterrorism. John Renneisen, Attorney General's Office talked about the Counter Terrorism Committee and the legislation that it is proposing for 2003, specifically an emergency management assistance compact, anti-terrorisms amendments, changes to the public records act and making bio-terrorist threats/hoaxes criminal offenses. Dr. Brent Sherard, Department of Health gave an overview on what the department was doing. The department has received $470,000.00 for hospital preparedness. The department is putting on exercises to bolster preparedness at the local level. They plan for thirty exercises across the state: one in every county and one in every town over 2000 population.
Veterinary Practice Act
The Committee discussed various aspects of the Veterinary Practice Act that they felt needed to be changed. Steve Cummings, President of the Veterinary Board, testified that the board was comparing Wyoming's act with the national model act. LSO staff was directed to work with the board and bring proposed changes to the next meeting.
Governor's Food Safety Council
Laurie Leis, Department of Agriculture, and Bob Herrington, director Casper City and County Health, proposed statutory changes to the Governor's Food Safety Council provisions. Senator Geis moved, and Senator Vasey seconded, for legislation to be drafted to address these concerns. The motion passed unanimously.
Other Business
The drought was discussed. The Committee discussed various methods of alleviating problems connected with drought. The Committee decided to write a letter to Wyoming's federal representatives requesting that they support the livestock assistance program and that they support the house bill that allows a "rebuy" for more than two years after the drought ends since no one knows how long the drought will last.
Concerns regarding odor violations for agriculture operations were discussed. Some states exempt agriculture operations from odor standards.
Mr. Whalen informed the Committee that rules are being promulgated for the young rancher's program. He stated that statutory land exchanges had been challenged; the case is in the supreme court. Representative Samuelson moved, and Senator Cathcart seconded, that the statutory language be modified so that sales were not required to be at "the door of the courthouse" because of security concerns. The motion passed unanimously.
Concerns were addressed regarding problem stallions and the need for a fence-in law rather than a fence-out. Senator Geis moved, and Representative seconded, for legislation to be drafted addressing the problem. The motion passed unanimously.
Next Meeting
It was decided that the next Committee meeting would be September 16 and 17, 2002 in Rawlins, WY.
There being no further business, the meeting was adjourned at 3:35 p.m.
Respectfully submitted,
_____________________
Senator Gerald Geis
Cochairman