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2008 Wyoming Legislative Update
FINAL REPORT ON BUDGET SESSION OF WYOMING LEGISLATURE
The Budget Session of the 59th Wyoming Legislature concluded on March 7, 2008.
More than in the past, Management Council was successful in restraining committees to
budget topics, relatively few additional topics were considered, especially when
compared to past budget sessions. Regarding concerns of Agrimind’s clients and the
budget, the primary concern was the level of funding for the state seed lab at Powell.
The exception request of an additional $211, 000 was trimmed to approximately
$190,000, which successfully was held throughout the budget, and will be available for
the upcoming biennium. A brief synopsis of several bills that were considered by the
legislature follows, and the interim topics approved for consideration conclude this
report. If any of you desire more detail, feel free to contact Keith Kennedy,
agrimind@wyoming.com or visit the Wyoming legislature’s website at
http://legisweb.state.wy.us.
HB0011 Wyoming homemade products – Failed. This bill would have affected how
home kitchens are regulated; this topic will be considered during the interim by the
Agriculture committee.
HB0014 Nursery stock – Passed. This bill corrected errors in language in last
year’s bill, which made substantial changes in the nursery statutes. No substantive
changes were made, other than the correction of some double negatives in last years
adopted language.
HB0018 State engineer rulemaking authority – Failed. The Agriculture committee
brought this bill to address concerns that several rules of the state engineer’s office are
not explicitly allowed by statute. Due to the concerns of several irrigators, this bill failed;
look for similar legislation to be forthcoming during next year’s general session.
HB0029 Fuel tax – Failed. All of the bills related to raising the fuel tax on road fuel
failed during this session, in part to the legislature granting additional general fund
monies to WYDOT.
HB0046 Abuse of animals – Passed. This bill, in its final version addressed dog
and cock fighting only. The livestock board, which remains the primary enforcement
agency for all animal abuse issues, will likely ask that some of these duties be
transferred to local law enforcement, provided that adequate training of additional
enforcement officers is mandated.
HB0055 Water well drilling and pump installation licensure – Passed. After nearly
ten years of work on this subject, both drillers and installers are required to be licensed
by the state. Private landowners are still allowed to do this work, but only on property
that they own themselves.
HB0074 Veterinarian loan repayment program – Passed. This bill created a
program to encourage new food animal veterinarians to practice in Wyoming. The bill is
very similar to existing legislation regarding physicians and dentists.
HB0089 & HB0090 Ownership of subsurface pore space AND Carbon capture
and sequestration – Passed. These bills codified the existence of a property right in
subsurface pore space, vested in the surface owners property right. This is the first in
the nation codification of the so-called ‘American Rule’ that exists in common law. This
legislation was proposed in order to satisfy other states that wish to purchase new
electrical generation capacity in new Wyoming coal-fired plants. Look for additional
legislation next year regarding pooling of these resources as well as eminent domain
issues.
HB0135 Fuel disclosure – Passed. This legislation mandates that the source of
biofuels be disclosed, i.e., diesel from waste cooking oil, directly from animal or plant
oils. This issue will be more fully addressed in one of the Agriculture committee’s
interim topics, which relates to fuel standards.
HB0136 Dyed fuel-enforcement – Passed. This statute now allows enforcement
officers with WYDOT to take sample from on-road vehicles to test for the presence of
dyed (untaxed) diesel fuel in the supply tanks of on-road vehicles, as well as
determining if the bills of lading on fuel transporters accurately reflect the contents of the
fuel being transported. We worked with fuel retailers and wholesalers to assure that
farmers and ranchers would still be allowed to use dyed fuel, especially that dyed fuel
can be transported over the road in separate tanks for off-road use.
SF0004 Foreclosure redemption period – Passed. The acreage limit for residential
redemption periods on mortgages was increased from 20 acres to 80 acres. Lenders
were encountering difficulties with larger rural residential properties, due to the
agricultural rules. If a mortgage recites that the real estate is agricultural, the existing,
longer, redemption period for foreclosures remains in place.
SF0019 Clandestine drug laboratories – remediation – Passed. This bill sets limits
on the amount of remediation that is the responsibility of a property owner if the property
owner could not have reasonably known that the property was being used as a
clandestine drug lab. It also provides for forfeiture funds to be used for remediation.
SF0030 Commercial vehicle licensing – Passed. Commercial vehicles will in the
future be licensed during the month they are purchased, in a manner similar to
passenger vehicles, provided that the license is not an IRP registration.
SF0041 Vacating subdivisions – Passed. The county commissioner’s of a given
county are given the authority to deny the vacation of a subdivision plat if any lots have
been sold in the subdivision.
SF0087 Capitol building restoration – Passed. Creates the oversight committee for
the capitol’s restoration. The plan at present is that the restoration will be completed by
December 31, 2012. Look for several sessions of the Wyoming legislature to be held in
the adjacent St. Mary’s school, which will belong to the state after the new school is
finished.
INTERIM TOPICS, JOINT COMMITTEES
JUDICIARY
Will examine additional issues related to carbon sequestration and pore space,
including eminent domain and forced pooling. The committee is also detailed to
respond to potential regulations that will likely be promulgated by USEPA relating to this
subject during the upcoming year.
REVENUE
Excise tax issues relating to non-highway use of fuel, especially agricultural tax credit
versus refunds, and visiting the sunset date for ethanol excise tax credits are among the
topics to be considered by the revenue committee.
AGRICULTURE, STATE & PUBLIC LANDS, AND WATER RESOURCES
Will continue its study of state water issues and address the need for water
management across Wyoming. It will also consider coalbed methane discharges and
its effects on agricultural lands. Continuing from last year, the committee will address
the weights and measures statutes, fuel quality and blends, as well as fertilizers. Other
broad topics are allowed to be discussed, but these are the likely areas to be
considered that directly affect agriculture.
LABOR, HEALTH AND SOCIAL SERVICES
The committee will conduct a broad review of workers’ compensation, including coemployee
tort immunity.
As always, it has been a pleasure to represent your views and thoughts to the Wyoming
legislature; do not hesitate to contact me if you have any questions on state or federal
issues,
Thanks, Keith