Committee Meeting Information

September 29 and 30, 2008

City Council Chambers

Green River, Wyoming

 

Committee Members Present

Senator Gerald E. Geis, Co-Chairman

Representative Doug Samuelson, Co-Chairman

Senator Eli Bebout

Senator Wayne H. Johnson

Senator Bill Vasey

Representative Stan Blake

Representative Bob Brechtel

Representative Ross Diercks

Representative Mark Semlek

Representative Matt Teeters

Representative Sue Wallis

Representative Dan Zwonitzer

 

Committee Members Absent

Senator Drew Perkins

Representative Amy Edmonds

 

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 (September 29, 2008)

Co-Chairman Geis called the meeting to order at 8:00 a.m.  The following sections summarize the Committee proceedings by topic.  The order of the meeting generally followed the prepared agenda [Appendix 2].  Representative Brechtel moved that the minutes from the April Committee meeting be approved.  Representative Zwonitzer seconded the motion and the motion passed.

 

Executive Summary

The Committee received reports and heard from the department of agriculture, the state engineer's office, the water development office, the livestock board, the state forester, the office of state lands and investments, the business council, the Wyoming Stock Growers and Trout Unlimited.

 

The Committee voted to sponsor:  weights and measures, antifreeze and petroleum products, fertilizers, cottage food establishments, state engineer permit applications, discharged water management, water development projects, funding for water accounts I and II, irrigation and fencing in subdivisions, feral livestock, livestock and brands, livestock health and emergency disease program, brand inspections fees, intentional feeding of elk, brucellosis management program, state common school land management account and beginning agricultural producer finance authority.

 

The Committee took no action on:  landowner flexibility on fisheries protection and restoration, the pet animal board and the Wyoming anti-trust act.

 

Department of Agriculture

John Etchepare, Director of the Department of Agriculture and Hank Uhden, Technical Services Manager submitted Report #543 on the Animal Damage Management Program [Appendix 3].

 

Weights and Measures - Mr. Uhden and Albie Michelson with the Department of Agriculture described the weights and measures program with a Power point [Appendix 4].  They then explained the proposed legislation 09LSO-0030.W5 – Weights and measures [Appendix 5] and asked that section 40‑10‑129 be deleted from the bill. 

 

Senator Vasey moved the bill seconded by Representative Zwonitzer.  Senator Bebout moved to delete section 3 on appropriations.  The motion was seconded and passed.  Senator Vasey moved to add an appropriation of $190,000.00.  Representative Diercks seconded the motion and the amendment passed.  Following discussion the bill as amended passed 12-2 with Senator Perkins and Representative Edmonds excused.  The bill will be a House Bill.

 

Petroleum Products - Analytical Laboratory Manager Mike Leath with the Wyoming Department of Agriculture presented draft bill 09LSO-0031.W4 – Anti-freeze and petroleum products [Appendix 6].  Senator Vasey moved the bill seconded by Representative Blake.  John Robitaille with the Petroleum Association of Wyoming spoke in favor of the bill and offered amendments [Appendix 7].  Representative Zwonitzer moved the Robitaille amendments except the amendment to page 9-line 22.  Senator Bebout seconded the motion and the amendment passed.

 

Senator Bebout moved on page 10 to reduce $309,600.00 to $230,600.00 and to delete page 11-line 13 through page 12-line 16.  Representative Blake seconded the motion and the amendment passed.  Following discussion the bill as amended passed 12-2 with Senator Perkins and Representative Edmonds excused.  The bill will be a Senate File.

 

Fertilizers - Mr. Etchepare, Mr. Uhden and Keith Kennedy with Agrimind discussed proposed legislation 09LSO-0032.W5 – Fertilizers [Appendix 8].  Senator Vasey moved the bill with Alternative 2.  The motion was seconded by Representative Semlek.  The bill passed 12-2 after discussion with Senator Perkins and Representative Edmonds excused.  The bill will be a Senate File.

 

Cottage Food Industry - Mr. Etchepare and Consumer Health Services Manager Dean Finkenbinder provided proposed rule changes to the cottage food establishments [Appendix 9] and the decision from the Attorney General's Office regarding "function" and "non-hazardous food" [Appendix 10].  Mr. Finkenbinder briefed the Committee on the draft bill 09LSO-0033.W2 – Cottage food industry [Appendix 11].  Representative Zwonitzer moved the bill seconded by Senator Vasey.

 

Representative Wallis moved a list of amendments to the bill [Appendix 12].  Senator Bebout seconded the amendments, asking that the amendments be voted on separately.  The amendments were split into five amendments separated by a dark bold line.  Amendments 1 though 4 passed and amendment 5 regarding page 3-lines 19 and 20 failed.

 

Co-chairman Samuelson moved on Page 2-line 13 to delete "or" and on line 14 to delete the new language.  Representative Wallis seconded the motion and the amendment passed.  Representative Teeters moved on Page 3-line 10 to reinsert the stricken language.  After a second by Representative Wallis, the amendment passed.  Representative Teeters moved on Page 3-line 21 to lower the fee from $200.00 to $100.00.  The motion was seconded by Senator Bebout.  Following discussion, the amendment failed.  Following further discussion, the bill as amended passed 9-3-2 with Co-chairman Geis, Senator Vasey and Representative Zwonitzer voting no and with Senator Perkins and Representative Edmonds excused.  The bill will be a House Bill.

 

Temporary Water Rights and Fisheries

Representative Rosie Berger and Scott Yates with Trout Unlimited presented information on instream flows and fisheries [Appendices 13 through 15].  Representative Berger explained the proposed legislation 09LSO‑0009.W3 – Landowner flexibility & fisheries protection & restoration  [Appendix 16].  Following discussion, no Committee action was taken on the bill.

 

State Engineer's Office

Pat Tyrrell, State Engineer and Harry Labonde, Deputy State Engineer updated the Committee on the status of cases the State Engineer is working on, including Montana and the Colorado River Compact. 

 

Permit Applications - Mr. Tyrrell presented the draft bill 09LSO-0025.W2 - State engineer permit application [Appendix 17].  Senator Bebout moved the bill and Representative Wallis seconded the motion.  Following discussion with no amendments, the Committee voted in favor of the bill 11-1-2 with Senator Vasey absent and with Senator Perkins and Representative Edmonds excused.  The bill will be a Senate File.

 

Discharged Water Management - Mr. Tyrrell explained the need for the discharged water management bill and then discussed the draft bill 09LSO-0026.W2 – Discharged water management along with the 2008 introduced bill and 2008 amendments [Appendices 18 through 21].  Representative Zwonitzer moved to work from the 2009 draft bill.  Senator Bebout seconded the motion and the motion passed.  Following discussion Representative Zwonitzer moved for the Committee to sponsor the 2009 bill as a Committee bill.  Senator Johnson seconded the motion. 

 

Senator Hines expressed concerns regarding the time the state engineer has to respond to issues arising on channels, how to address costs to companies or prorating the costs and how to allow flexibility to the landowners.  Margo Sabec with Devon Energy asked questions relating to liability of companies and how to determine costs of projects.  Jill Morrison with the Powder River Basin Resource Council relayed concerns on water rights and natural flows in the Powder River Basin.

 

Co-Chairman Samuelson moved on page 5-line 17 after "proceed" to insert "within ten (10) business days".  The motion was seconded and the amendment passed.  Senator Bebout moved on Page 6-line 9 to delete from "issued" through "included" on line 13 and insert "prorated".  Representative Wallis seconded the motion and the amendment passed.  The bill as amended passed 9-3-2 with Senator Vasey, Representative Brechtel and Representative Teeters voting no and with Senator Perkins and Representative Edmonds excused.  The bill will be a House Bill.

 

Water Development Projects - Senator Vasey submitted the operating criteria rules [Appendix 22] and the proposed legislation 09LSO-0078.W3 – Water development projects [Appendix 23].  Representative Brechtel moved the bill as a House Bill and the motion was seconded.  Ms. Morrison expressed concerns regarding how to determine sponsors for projects and how the breakdown of costs would be calculated.  Bobbie Frank with the Wyoming Association of Conservation Districts offered her association to work with the Committee and sponsors for projects as needed.  Following discussion with no amendments, the Committee voted 10-2-2 with Co-Chairman Geis and Representative Zwonitzer voting no and with Senator Perkins and Representative Edmonds excused.  The bill will be a House Bill.

 

Water Development

Mike Purcell, Director of the Wyoming Water Development Office updated the Committee on the status of various irrigation, rehabilitation and construction projects around the state  [Appendix 24].  Senator Bebout moved to have LSO draft a bill for one million dollars ($100,000,000.00) to be split to Wyoming Water Development Accounts I and II.  Co-Chairman Samuelson seconded the motion and the motion passed.  LSO will send the draft bill to the Committee for their post card ballot.

 

Mr. Purcell described draft bill 09LSO-0027.W3 – Subdivisions located within irrigation districts  [Appendix 25].  Senator Vasey moved the bill seconded by Representative Blake.  Representative Zwonitzer moved on page 2-line 14 to reinsert the stricken language.  Senator Bebout seconded the motion and the amendment passed.  Representative Zwonitzer moved on page 3-line 18 to delete "an approval" and insert "a recommendation".  Following a second by Senator Bebout the amendment passed.  Representative Zwonitzer moved on page 4-line 5 through line 8 to delete the sentence.  Senator Bebout seconded the motion and the amendment passed.

 

Joe Evans with the Wyoming County Commissioners Association expressed concerns about the bill in relation to problems the commissioners are having around the state.  Bryce Reece, Executive Vice-President of Wyoming Wool Growers Association spoke generally in favor of the bill.  The Committee passed the bill as amended 12-2 with Senator Perkins and Representative Edmonds excused.  The bill will be a Senate File.

 

Livestock Board

Update on Livestock and Wildlife Diseases

Dr. Jim Logan, Assistant State Veterinarian updated the Committee on livestock and wildlife diseases, including bovine tuberculosis and wildlife issues related to feral goats.  He specifically explained the status of the brucellosis in the state and the brucellosis case in Sublette County.

 

Feral Livestock - Jim Schwartz, Director of the Wyoming Livestock Board reviewed the proposed legislation 09LSO-0034.W2 – Feral livestock [Appendix 26].  Representative Brechtel moved the bill seconded by Representative Wallis.  Mr. Reece expressed concerns about mandatory actions required by the bill.  John Emmerich with the Wyoming Game and Fish Department informed the Committee his department has been working with the Livestock Board on this bill and they are in favor of the bill.  Co-Chairman Samuelson moved to delete "shall" and insert "may" on page 3-line 7, page 3-line 17 and page 4-line 1.  Representative Brechtel seconded the motion and the amendment passed.  Following discussion the bill as amended passed 12-2 with Senator Perkins and Representative Edmonds excused.  The bill will be a Senate File.

 

Livestock and Brands - Mr. Schwartz discussed the draft bill 09LSO-0071.W2 – Livestock and brands  [Appendix 27].  Representative Brechtel moved the bill seconded by Representative Wallis.  Mr. Reece expressed concerns about taking goats, llamas and alpacas out of the brand program for disease traceability reasons.  Following discussion with no amendments, the bill passed 7-5-2.  Co-Chairman Geis, Co-Chairman Samuelson, Representative Brechtel, Representative Semlek and Representative Zwonitzer voted no and Senator Perkins and Representative Edmonds were excused.  The bill will be a House Bill.

 

Livestock Health Program - Mr. Schwartz described the proposed legislation 09LSO-0072.W5 – Wyoming livestock health and emergency disease program [Appendix 28].  Representative Brechtel moved the bill seconded by Senator Johnson.  Bill Taliaferro with the Wyoming Livestock Board reported on some of the diseases that are expected to be coming and the need for the Livestock Board to be proactive in the prevention of these diseases.  Jim Magagna, Executive Vice-President of the Wyoming Stock Growers Association spoke generally in favor of the bill.

 

Representative Zwonitzer moved on page 5 to delete lines 1 through 7, page 6 to delete lines 5 through 22, page 7 to delete entirely and page 8 to delete lines 1 and 2.  The motion was seconded by Representative Teeters and the amendment passed.  Senator Bebout moved on page 9 to delete lines 1 through 4, seconded by Co-Chairman Samuelson.  The amendment passed.  Senator Bebout moved on page 4 to delete lines 6 through 14, on line 15 to delete $150,000.00 and to insert $50,000.00 and to adjust totals as necessary.  Representative Zwonitzer seconded the motion and the amendment passed.  The bill as amended passed 11-1-2 with Representative Teeters voting no and with Senator Perkins and Representative Edmonds excused.  The bill will be a Senate File.

 

Brand Inspection Fees - Mr. Schwartz and Lee Romsa, Brand Commissioner briefed the draft bill 09LSO-0151.W2 – Brand inspection fees [Appendix 29].  Senator Vasey moved the bill seconded by Representative Wallis.  Mr. Magagna expressed concerns about the bill being too broad and will bring amendments at a later time.  Following discussion with no amendments, the Committee passed the bill 12-2 with Senator Perkins and Representative Edmonds excused.  The bill will be a House Bill.

 

Intentional Feeding of Elk - Mr. Schwartz reviewed the proposed legislation 09LSO-0152.W1 – Intentional feeding of elk [Appendix 30].  Senator Vasey moved the bill seconded by Representative Zwonitzer.  Mr. Emmerich spoke in favor of the bill stating the Game and Fish has statutes on baiting animals but not on feeding animals.  Representative Monte Olsen stated this was one of the recommendations from the brucellosis coordination task force.

 

Co-Chairman Samuelson moved on page 2-line 17 to insert "(v)  Any feeding of elk outside the elk surveillance area.".  The motion was seconded by Representative Teeters and the amendment passed.  Co-Chairman Samuelson moved on page 1-line 13 to delete "hay" and insert "feed that results in commingling with livestock".  Representative Diercks seconded the motion and the amendment passed.  The bill as amended passed 11-3 with Senator Perkins, Representative Brechtel and Representative Edmonds excused.  The bill will be a Senate File.

 

Brucellosis Management Program - Mr. Schwartz briefed the committee on the draft bill 09LSO-0169.W3 – Brucellosis management program [Appendix 31] and stated the Attorney General is comfortable with this bill including the payments to be made to individuals.  Representative Semlek moved the bill seconded by Representative Wallis.  Senator Vasey requested a copy of the Attorney General opinion.  Senator Hines, Representative Olsen and Mr. Magagna spoke generally in favor of the bill and Senator Hines discussed a brochure on brucellosis [Appendix 32]. 

 

Co-Chairman Samuelson moved on page 5 line 2 to delete "This" and on page 5 to delete lines 3 through 5.  Senator Bebout seconded the motion and the amendment passed.  Representative Wallis moved on page 2-line 5 after "livestock" to insert "pursuant to risk assessments and herd plans within the designated surveillance area".  Senator Bebout seconded the motion.  Following discussion the amendment passed.  Senator Bebout moved on page 3-line 10 to delete "directly to the owner of" and on line 11 to delete "livestock".  Representative Zwonitzer seconded the motion and the amendment passed.  The Committee passed the bill as amended 8-3-3 with Co-Chairman Samuelson, Senator Vasey and Representative Teeters voting no and with Senator Perkins, Representative Brechtel and Representative Edmonds excused.  The bill will be a Senate File.

 

Brucellosis Surveillance Program - Representative Monte Olsen reviewed his proposed legislation 09LSO-0084.W1 – Brucellosis surveillance program [Appendix 33].  Since the Committee passed the previous bill on brucellosis management, Representative Olsen will pursue an individual sponsor for his bill.  No Committee action was taken on this bill.

 

Wyoming Pet Animal Board - Co-Chairman Geis explained the draft bill 09LSO-0170.W3 – Wyoming pet animal board [Appendix 34].  Mr. Schwartz informed the Committee of some of the problems their office is now addressing regarding animal issues other than livestock.  Following discussion, no motion was made and no Committee action was taken on this bill. 

 

Forest Health

Bill Crapser, State Forester provided updates on fire season preparedness, training, equipment and forest health  [Appendices 35 and 36].  Bryce Reece reported on rural fire responses, stating in general most situations are working well [Appendix 37].

 

Office of State Lands and Investments

Susan Child, Deputy Director of the Office of State Lands and Investments and Jim Arnold, Surface Assistant, presented Report #428 on State Land Preservation and Enhancement Account [Appendices 38 through 43].

 

Ms. Child presented the proposed legislation 09LSO-0028.W4 – State common school trust land management account  [Appendix 44].  Representative Zwonitzer moved the bill seconded by Senator Vasey.  Following discussion with no amendments, the Committee passed the bill 9-2-3 with Representative Semlek and Representative Teeters voting no and with Senator Perkins, Representative Brechtel and Representative Edmonds excused.  The bill will be a House Bill.

 

Conflicting Grazing and Agricultural Leases

Jim Magagna, Executive Vice-President, Wyoming Stock Growers Association discussed various issues with conflicting grazing and agricultural leases with state lands [Appendix 45]. 

 

Wyoming Business Council

Cindy Garretson-Weibel, Agribusiness Division Director with the Wyoming Business Council described value added for agricultural products, agricultural businesses and sustainable agriculture [Appendix 46].  She submitted draft bill 09LSO-0029.W4 – Beginning Agriculture Producer Financing Authority [Appendix 47].  Senator Vasey moved the bill seconded by Representative Wallis.  With no discussion and no amendments, the Committee passed the bill 8-1-5 with Representative Teeters voting no and with Senator Johnson, Senator Perkins, Representative Brechtel, Representative Edmonds and Representative Zwonitzer excused.  The bill will be a Senate File.

 

Unfair Trade Practices

Representative Wallis and Randy Stevenson on the Board of Directors and Vice President of Organization for Competitive Markets reported the results from the workgroup that had been appointed at the spring meeting [Appendix 48].  They invited Ms. Sabec to join them at the table for the discussion to the Committee.  They discussed the proposed legislation 09LSO-0044.W3 – Wyoming Anti-trust Act [Appendix 49].  The Attorney General's office submitted a letter regarding the legislation [Appendix 50].  Ms. Sabec related several concerns that industry has regarding the proposed legislation and the potential for unintended consequences.  Following discussion, the Committee did not take any action on the bill.  It was recommended for an interim topic study for next interim and may  be brought as an individual bill.

 

Subdivision Fences

Representative Mark Semlek explained his draft bill 09LSO-0037.W2 – Subdivision fences [Appendix 51] and asked the Committee to sponsor the bill.  Mr. Reece reported calls he has received from producers around the state and the expectations of homeowners once the subdivider is no longer around.  Following discussion, Representative Semlek moved the bill as a Committee bill, seconded by Co-Chairman Samuelson.  With no amendments, the Committee passed the bill 8-6 with Senator Bebout, Senator Johnson, Senator Perkins, Representative Brechtel, Representative Edmonds and Representative Zwonitzer excused.  The bill will be a House Bill.

 

Reports

The Committee received an updated lists of reports due to the Committee [Appendix 52].

 

Meeting Adjournment

There being no further business the meeting adjourned at 2:30 p.m.

 

Respectfully submitted,

 

 

 

Senator Gerald E. Geis, Co-Chairman

 

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Committee Sign-In Sheet		Lists meeting attendees		Legislative Service Office (LSO)
2		Committee Meeting Agenda		Provides an outline of the topics the Committee planned to address at meeting		LSO
3		Department of Agriculture		Report #543 – Animal Damage Management Board		Department of Agriculture
4		Department of Agriculture		Weights and Measures – 2009 - PowerPoint		Department of Agriculture
5		Department of Agriculture		09LSO-0030.W5 – Weights and measures.		LSO
6		Department of Agriculture		09LSO-0031.W4 – Antifreeze and petroleum products.		LSO
7		Department of Agriculture		Proposed amendments to Antifreeze and petroleum products 09LSO‑0031.W4		Petroleum Association of Wyoming
8		Department of Agriculture		09LSO-0032.W5 – Fertilizers.		LSO
9		Department of Agriculture		Proposed Cottage Food Establishment Rule		Department of Agriculture
10		Department of Agriculture		September 10, 2008 Attorney General Letter		Department of Agriculture
11		Department of Agriculture		09LSO-0033.W2 – Cottage food industry.		LSO
12		Department of Agriculture		Wallis Amendments to Cottage Food Industry draft bill		Representative Wallis
13		Temporary Water Rights		Talking Points		Representative Berger
14		Temporary Water Rights		Water-Balance Considerations for Instream Flow Restoration Design:  Understanding Irrigation Return Flow		Trout Unlimited
15		Temporary Water Rights		Partnership Provides Strategic Boost for Wild Salmon		Trout Unlimited
16		Temporary Water Rights		09LSO-0009.W3 – Landowner flexibility & fisheries protection & restoration.		LSO
17		State Engineer		09LSO-0025.W2 - State engineer permit application		LSO
18		State Engineer		Sample Pictures –CBM Discharges into Natural Channels		State Engineer
19		State Engineer		09LSO-0026.W2 – Discharged water management.		LSO
20		State Engineer		08LSO-0108 – Senate File 0046 - Discharged water management.		LSO
21		State Engineer		Digest record for 08LSO-0108		LSO
22		State Engineer		Operating criteria of the Small Water Project Program of the Wyoming Water Development Program		Senator Vasey
23		State Engineer		09LSO-0078.W3 – Water development projects.		LSO
24		Water Development		Wyoming Water Development Accounts-Status Report		Wyoming Water Development
25		Water Development		09LSO-0027.W3 – Subdivisions locates within irrigation districts.		LSO
26		Livestock Board		09LSO-0034.W2 – Feral livestock.		LSO
27		Livestock Board		09LSO-0071.W2 – Livestock and brands.		LSO
28		Livestock Board		09LSO-0072.W5 – Wyoming livestock health and emergency disease program.		LSO
29		Livestock Board		09LSO-0151.W2 – Brand inspection fees.		LSO
30		Livestock Board		09LSO-0152.W1 – Intentional feeding of elk.		LSO
31		Livestock Board		09LSO-0169.W3 – Brucellosis management program.		LSO
32		Livestock Board		Brucellosis in Wyoming Cattle, Elk and Wild Bison		Livestock Board
33		Livestock Board		09LSO-0084.W1 – Brucellosis surveillance program.		LSO
34		Livestock Board		09LSO-0170.W3 – Wyoming pet animal board.		LSO
35		Forest Health		Map – Medicine Bow – Routt National Forests		State Forester
36		Forest Health		Map – Bark Beetle Incident		State Forester
37		Forest Health		June 19, 2008 Research Memo		LSO
38		Office of State Lands and Investments (OSLI)		June 28, 2004 Attorney General Letter		OSLI
39		OSLI		Report #428 - State Trust Land Preservation and Enhancement Account		OSLI
40		OSLI		Trust Land Preservation and Enhancement Account Period Ending 8-7-2008		OSLI
41		OSLI		Trust Land Preservation and Enhancement Account Outline of Draft Strategic Plan		OSLI
42		OSLI		Office of State Lands and Investments Farm, Irrigation, and Special Loans System Outstanding Loans by County Query		OSLI
43		OSLI		Farm Loan Overview		OSLI
44		OSLI		09LSO-0028.W4 – State common school trust land management account.		LSO
45		Wyoming Stock Growers Association (WSGA)		Qualifications of Leases comments		WSGA
46		Wyoming Business Council (WBC)		A Look at "Aggie Bonds"		WBC
47		WBC		09LSO-0029.W4 – Beginning Agriculture Producer Finance Authority.		LSO
48		Unfair Trade Practices		June 4, 2008 LSO Fact Sheet		LSO
49		Unfair Trade Practices		09LSO-0044.W3 – Wyoming Antitrust Act.		LSO
50		Unfair Trade Practices		September 30, 2008 Letter		Attorney General's Office
51		Subdivision Fences		09LSO-0037.W2 – Subdivision fences.		LSO
52		Reports and Updates		September 19, 2008 Reports Due List		LSO