Committee Meeting Information

October 26 and 27, 2006

Sundance, Wyoming

 

Committee Members Present

Senator Gerald E. Geis, Chairman

Representative Ross Diercks, Vice-Chairman

Senator Curt Meier

Senator Wayne H. Johnson

Senator Ray Peterson

Senator Bill Vasey

Representative Kermit C. Brown

Representative Kathy Davison

Representative Layton Morgan

Representative Doug Samuelson

Representative Mark Semlek

Representative Matt Teeters

 

Committee Members Absent

Representative Burke Jackson

Representative Mick Powers

 

Legislative Service Office Staff

Maxine Weaver, Staff Attorney

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Call To Order (October 26, 2006)

Chairman Geis called the meeting to order at 8:30 am.  The following sections summarize the Committee proceedings by topic.  The order of the meeting generally followed the prepared agenda [Appendix 2]. 

 

Executive Summary

The Committee voted to sponsor:  state lands, state trust lands task force, eminent domain, livestock and brands, livestock brand inspectors, livestock board, board of agriculture, wheat marketing commission, seed laws, nursery stock, water well drilling and pump installation licensure and state engineer rulemaking authority.

 

The Committee voted not to sponsor:  state trust land management account, urban renewal, voluntary equine brand inspections, direct supervision of pesticide applications and instream flow-Fremont Lake pilot project.

 

The Committee received reports and updates on livestock and wildlife diseases, water development projects and the Horse Creek Conservation District.

 

Representatives Jackson and Powers were absent from the meeting and from all votes.

 

Department of Agriculture

John Etchepare, Director of the Wyoming Department of Agriculture (WDA), Todd Parfitt from the Department of Environmental Quality, Bill Gern and Rick Miller from the University of Wyoming, Dr. Walter Cook, Assistant State Veterinarian, Hank Edwards from Game and Fish, Richard Harris, Public Health lab supervisor and Dick Mayer from the United States Department of Agriculture presented Report #544 from the Bio-Security Task Force [Appendix 3].

 

Office of State Lands and Investments

Lynne Boomgaarden, Director of the Office of State Lands and Investments discussed information sent to grazing leasees and presented Report #545 from the Task Force on the Office of State Lands Trust Programs [Appendices 4 through 6].

 

Proposed Legislation – 07LSO-0058.W5 – State lands.

Senator Meier moved the draft bill [Appendix 7] seconded by Senator Vasey.  Director Boomgaarden explained the draft bill.  After discussion and amendments, the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a Senate File [Appendix 8].

 

Proposed Legislation – 07LSO-0060.W5 – State trust lands task force.

Representative Semlek moved the draft bill [Appendix 9] seconded by Representative Davison.  Following explanation of the draft bill by Director Boomgaarden, discussion and amendments, the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a House Bill [Appendix 10].

 

Proposed Legislation – 07LSO-0061.W4 – State trust land management account.

Senator Meier moved the draft bill [Appendix 11] seconded by Senator Vasey.  Director Boomgaarden explained the draft bill.  After discussion with no amendments, the Committee voted 5 for, 7 against and 2 absent, failing to sponsor the bill.  Chairman Geis, Vice-Chairman Diercks, Senator Vasey, Representative Brown and Representative Morgan voted for the bill.

 

Eminent Domain

The Committee took testimony from the public [Appendices 12 through 26], including George Parks, Wyoming Association of Municipalities, Ken Hamilton, Wyoming Farm Bureau, R.T. Cox, Laurie Urbikit, Wyoming Association of Realtors, Jim Magagna and Lois Herbst, Wyoming Stock Growers Association, Laurie Goodman, representing Landowners Association of Wyoming and Dave Ditto, with Associated Legal Group and Kinder Morgan.

 

Proposed Legislation – Eminent domain.

Senator Vasey moved to sponsor a substitute draft bill from the working group [Appendix 18] instead of 07LSO-0023.W5 [Appendix 27].  The motion was seconded by Representative Brown and the Committee voted 10 for, 1 against and 2 absent to discuss the substitute bill with Vice-Chairman Diercks voting no.  After discussion and amendments the Committee voted 11 for, 1 against and 2 absent to sponsor the substitute bill.  Chairman Geis voted against the bill.  The bill will be a House Bill [Appendix 28]. 

 

Proposed Legislation – 07LSO-0022.W1 – Urban renewal.

Senator Johnson moved the draft bill [Appendix 29] seconded by Senator Peterson.  After discussion with no amendments, the Committee voted 2 for, 10 against and 2 absent, failing to sponsor the bill.  Chairman Geis and Senator Johnson voted for the bill.

 

Livestock Board

Update on Livestock and Wildlife Diseases

Dr. Dwayne Oldham, State Veterinarian, updated the Committee on livestock and wildlife diseases and other issues affecting the Livestock Board [Appendices 30 and 31].  Dr. Oldham, Jim Schwartz, Director of the Livestock Board and Lee Romsa, State Brand Commissioner presented the report from the Brands Task Force [Appendix 32].

 

Proposed Legislation – 07LSO-0225.W4 – Livestock and brands.

Representative Semlek moved the draft bill [Appendix 33] seconded by Representative Brown.  Mr. Romsa explained the draft bill.  After discussion and amendments, the Committee voted 11 for, 1 against and 2 absent to sponsor the bill.  Senator Meier voted against the bill.  The bill will be a House Bill [Appendix 34].

 

Proposed Legislation – 07LSO-0226.W4 – Livestock brand inspectors.

Representative Davison moved the draft bill [Appendix 35] seconded by Senator Meier.  After explanation of the draft bill by Mr. Romsa and discussion with no amendments, the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a House Bill [Appendix 36].

 

Proposed Legislation – 07LSO-0227.W2 – Voluntary equine brand inspections.

Senator Vasey moved the draft bill [Appendix 37] and the motion was seconded.  Mr. Romsa explained the draft bill [Appendix 38] and Clara Wilson spoke against the draft bill [Appendix 39].  After discussion the Committee voted 1 for, 11 against and 2 absent, failing to sponsor the bill.  Representative Samuelson voted for the bill.

 

Proposed Legislation – 07LSO-0165.W2 – Livestock board.

Senator Vasey moved the draft bill [Appendix 40] seconded by Representative Davison.  Following explanation of the draft bill by Mr. Romsa and discussion with no amendments, the Committee voted 11 for, 1 against and 2 absent to sponsor the bill.  Vice-Chairman Diercks voted against the bill.  The bill will be a Senate File [Appendix 41]. 

 

Meeting Recess

The Committee recessed until 8:00 a.m. Friday morning.

 

Call To Order (October 27, 2006)

Vice-Chairman Diercks, chairing the meeting on Friday, called the meeting back to order at 8:00 a.m. 

 

Department of Agriculture

Mr. Etchepare, Jason Fearneyhough, Assistant Director of the WDA and Hank Uhden with the WDA presented Report #543 on the accomplishments of county predator management boards [Appendix 42]. 

 

Proposed Legislation – 07LSO-0024.W2 – Board of agriculture.

Senator Meier moved the draft bill [Appendix 43] seconded by Chairman Geis.  Mr. Etchepare, Mr. Fearneyhough, Helen Jones, Gene Hardy and Spencer Ellis with the Board of Agriculture explained the draft bill.  After discussion and one amendment, the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a Senate File [Appendix 44]. 

 

Proposed Legislation – 07LSO-0025.W2 – Wheat marketing commission.

Chairman Geis moved the draft bill [Appendix 45] seconded by Representative Davison.  Mr. Etchepare, Mr. Fearneyhough and Keith Kennedy, Executive Director of the Wheat Commission,

explained the draft bill.  After discussion and amendments [Appendix 46], the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a House Bill [Appendix 47]. 

 

Proposed Legislation – 07LSO-0026.W4 – Seed laws.

Chairman Geis moved the draft bill [Appendix 48] seconded by Representative Samuelson.  Mr. Uhden, Mr. Kennedy and Gil Weibel with the University of Wyoming seed laboratory explained the draft bill.  After discussion and amendments, the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a House Bill [Appendix 49]. 

 

Proposed Legislation – 07LSO-0164.W4 – Nursery stock.

Chairman Geis moved the draft bill [Appendix 50] seconded by Representative Davison.  Following explanation of the draft bill by Mr. Uhden, discussion and amendments [Appendix 51], the Committee voted 11 for 1 against and 2 absent to sponsor the bill.  Senator Meier voted against the bill.  The bill will be a House Bill [Appendix 52]. 

 

Proposed Legislation – 07LSO-0098.W3 – Direct supervision of pesticide applications.

Chairman Geis moved the draft bill [Appendix 53] seconded by Senator Vasey.  Mr. Uhden explained the draft bill [Appendix 54].  Todd Graus with Green Turf Lawnscapes spoke against the bill [Appendices 55 and 56].  After discussion the Committee voted 1 for, 11 against and 2 absent, failing to sponsor the bill.  Chairman Geis voted for the bill.

 

State Engineer's Office

Proposed Legislation – 07LSO-0027.W4 – Water well drilling and pump installation licensure.

Pat Tyrrell, State Engineer and Lisa Lindemann, Ground Water Division Administrator, explained the draft bill [Appendices 57 through 62].  Chairman Geis moved the draft bill [Appendix 63] seconded by Representative Samuelson. 

 

Generally, the following spoke in favor of the draft bill:  Mike Havely, Wyoming Water Well Association, Jerry Hunt with Weston Engineering, Scott Blakely, President of the Wyoming Water Well Association and Ron Matheson, Matheson Drilling.

 

Generally, the following spoke against the draft bill:  Sherry Newton, Charles Newton Drilling [Appendix 64], Calvin Fertig from Wheatland, Robert Riehemann with Inyon Kara Services, Brent Marchant with Pinnacle Gas Resources, Larry Kilwein with Kilwein Drilling, Inc., Bruce Fink with Clear Creek Well Service, Dave Newton, Dave Newton Drilling and LeRoy Brown, Graf Drilling.

 

After discussion and amendments, the Committee voted 9 for, 3 against and 2 absent, to sponsor the bill.  Chairman Geis, Vice-Chairman Diercks and Representative Semlek voted against the bill.  The bill will be a Senate File [Appendix 65]. 

 

Proposed Legislation – 07LSO-0028.W3 – Instream flow-Fremont Lake pilot project.

Chairman Geis moved the draft bill [Appendix 66] seconded by Representative Brown.  State Engineer Tyrell explained the draft bill.  Steward Smith, Mayor of Pinedale presented a resolution from the Town of Pinedale [Appendix 67].  A letter was presented on behalf of Bob and Karen Harrower  [Appendix 68].

 

After discussion the Committee voted 3 for, 9 against and 2 absent, failing to sponsor the bill.  Senator Meier, Senator Vasey and Representative Brown voted for the bill.

 

Proposed Legislation – 07LSO-0202.C1 – State engineer rulemaking authority.

Chairman Geis moved the draft bill [Appendix 69] seconded by Senator Vasey.  After explanation of the draft bill by Mr. Tyrell and discussion with no amendments, the Committee voted 12 for and 2 absent to sponsor the bill.  The bill will be a Senate File. 

 

Water Development

Mike Besson, Director of the Wyoming Water Development Office and Gordon Meadow and Lee Arrington with the Midvale Irrigation District discussed upcoming issues with various irrigation projects around the state [Appendices 70 and 71].

 

Horse Creek Conservation District

Mr. Besson and Lon Eisenbarth, President of the Horse Creek Conservation District (District) provided an update, as able pending current litigation, on the issues with the District and the efforts toward resolution with the various parties.  A report is due in December. 

 

Meeting Adjournment

There being no further business, the meeting was adjourned at 6:30 p.m. 

 

Respectfully submitted,

 

 

 

 

Senator Gerald E. Geis, Chairman


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