Bill No.: HB0136                  Drafter:  MRW

LSO No.:  07LSO-0027              Effective Date:  7/1/2007

Enrolled Act No.:  HEA0122

Chapter No.:       VETOED

Prime Sponsor:     Joint Agriculture, State and Public Lands and Water Resources Interim Committee

Catch Title:       Water well drilling and pump installation licensure.

Subject:           Licensing for water well drilling and pump installation contractors.

Summary/Major Elements:

• Requires licensure of water well drilling contractors and water well pump installation contractors by July 1, 2009.
• Provides some exemptions from examination, including:
• Contractors actively engaged in Wyoming for 5 years, except for payment of fees.
• Contractors already certified, except for payment of fees.
• Any person drilling an oil or gas well or installing a pump in an oil or gas well, which is permitted by the Oil and Gas Conservation Commission.
• A land owner installing a pump on his own land.
• Drilling a monitor well.
• Establishes criteria for licensing, license renewal and continuing education.
• Allows the examining board to set certain fees, including application, examination, renewal and miscellaneous fees.
• Provides maximum amounts that the board may assess for licensure and renewal fees.

• Provides for reciprocity for a contractor licensed in another state.
• Provides for a complaint process to the state engineer's office and for investigation by the examining board.

• Amends the definitions of "water well drilling contractor" and "water well pump installation contractor".
• Requires a conspicuous posting of the license at the job site.
• Provides for license revocation or suspension.
• Provides penalties of not more than $1,000.00 and not more than 6 months imprisonment, or both, for violations of this act.

Comments:

• Contains delayed effective/repeal date:  Provides for a sunset for certain exemptions from licensing and for repeal of certification renewal on July 1, 2009. 
• Repeals certain certification requirements July 1, 2007.

Note:

• This bill was vetoed by the Governor on March 9, 2007.  The veto message noted that the bill contained a drafting error which in the Governor's view made for a circular construction providing that only licensed persons would be prohibited from acting without a license. The Governor's action was taken after the initial bill summary was prepared and this summary should replace that found in the bound materials.