Wyoming's 59th Legislature meets beginning January 9, 2007
2006 Wyoming Legislative Update
The Budget Session of the 58th Wyoming Legislature concluded on March 10, 2006. Aside from the specific issues that your executive was involved in, much of the session revolved around budget issues, particularly in light of the surplus present at the start of the session. Production agriculture worked hard on passage of a bill dealing with predators; these efforts were successful.
I especially appreciate membership responses to appeals that I sent out through the session. Input from constituents is still very important in the Wyoming Legislature. We will also be updating the membership at the summer convention, where we will also discuss upcoming topics. Do not hesitate to contact me if you have questions regarding specific legislation.
HOUSE ACTION
HB0009 – Workers’ Compensation – drug and alcohol testing – Passed. We supported this bill, as it allows for a discount on workers’ compensation insurance, if an employer tests for drug and alcohol abuse. Many of our members are already required to conduct these tests for commercial drivers; the savings might very well cover the cost of required testing.
HB0010 – Workers’ Compensation amendments – Passed
This statute requires non-resident employers to submit a bond prior to commencing operations in Wyoming. We supported this, as it places non-residents on same footing with fund as residents
HB0022 – Multi-lane Highways – funding – Passed
Provides an initial funding mechanism for additional multi-lane highways throughout Wyoming. Supported
HB0024 – Predator Management program – Passed
This was likely the most contentious issue that involved agriculture this session. Most production agriculture groups supported this bill; it passed after several substantial changes, including decreasing biennial funding from $10 million to $5 million, and changes to the membership of predator management district boards.
HB0026 – Eminent domain – Failed
While we supported this bill, along with several other ag groups, it failed introduction. The legislature did place this item on the interim topics list
HB0029 – Anti-trust provisions – Passed
This bill was introduced as an answer to perceived inequities in the marketing of cattle, and as response to an older court decision, Illinois Brick. We tried to elicit support from several other groups; they finally joined with us during the last few days of the session, in an effort to change this bill. While we are still not fond of this bill, 38 other states have similar legislation. The ultimate effect of this bill will not be known until such time as a suit under this legislation has worked its way through the judicial system.
HB0040 – Grain indemnity account – Failed
While we have expressed interest in a similar concept, we, along with several agriculture producer groups asked the sponsor to withdraw this bill, as we all saw several problems with this bill as introduced. Please see interim topics for further discussion.
HB0062 – Use of mobile communications while driving – Failed
This perennial favourite failed introduction
HB0095 – Trade Secrets – Passed
This is a model state law; we joined with several other groups whose members hold intellectual property rights in supporting this bill.
HB0102 – Workers’ compensation co-employee immunity – Failed
Several different industries have recently experienced cases where supervisors or owners of businesses have been sued by employees in cases where workers’ compensation had already dealt with their injuries. We joined with several others to support this bill; something similar will be introduced in 2007. It was felt that more time needed to be taken, in order to draft legislation that would withstand scrutiny of the courts; several Wyoming court decisions are the reason we are faced with this problem now.
HB0111 – Crimes and offences – explosives – Failed
Several groups felt that this bill lacked some necessary specificity; it failed introduction
HB0141 – Fair practices of equipment dealers – Passed
After several years of introduction, this act finally passed. Anyone who sells farm equipment is protected under this act; members who sell livestock equipment now have the same relationship with their suppliers as dealers in most other states.
HB0150 – Wheat marketing commission – Failed
While your executive worked on this bill for another client, it died for lack of action on the floor of the second house, even with widespread support. Yet another reason to bring bills to legislators long before a session begins.
SENATE ACTION
SF0015 – Livestock dealer registration – Passed
Requires livestock dealers to register with the state livestock board. This is one requirement of the federal government for Wyoming to successfully regain brucellosis free status. We supported this bill
SF0016 – Board of agriculture – Failed
While most persons involved with agriculture in Wyoming would like to see some changes in the makeup and compensation for the Board of Agriculture, this bill failed due to differences in how various areas and counties are represented on the Board.
SF0033 – Bio-security laboratory task force – Passed
We supported this bill. Hopefully this report, when made will allow the existing laboratories at UW to be updated, so that we have the availability of a modern diagnostic laboratory within the state.
SF0034 – Wyoming livestock board reorganization – Passed
Many of you are aware of the deficit suffered by the livestock board in 2005. This was passed in response to that deficit.
SF0038 – Solid waste landfill planning and monitoring – Passed
This bill provides for an appropriation for planning and monitoring at landfills in the state, funded from the general fund. Smaller entities are allotted a larger proportion of funding. We supported this as an alternative to increased user funding.
SF0045 – Pesticide registration fee – Passed
Although we have reservation about the concept of this bill, we were able to place a two year sunset on this bill’s provisions for additional funding of poorer Weed & Pest districts. There was no increase in registration fees. The program will need to be reauthorized prior to its expiration on June 30, 2008, although this can be done in the department of agriculture’s regular budget in 59th legislature.
SF0083 – Industrial development bonds - Passed
This extended the sunset on industrial development bonding by the state; our hope is that our increased gas production, when coupled with this statute might allow a nitrogen fertilizer manufacturer to once again operate in Wyoming.
INTERIM TOPICS
Specific topics of interest will be mentioned here, following the named committee; members wishing to examine all of the interim topics are encouraged to view the legislature’s web page on interim topics:
http://legisweb.state.wy.us/2006/interim/studies.htm
Agriculture:
ü Board of Agriculture and Youth Leadership; likely continue last year’s effort to increase compensation, and change membership of the board.
ü Wheat Commission; make changes to board composition
ü National Grain and Feed Mills; examine new model law, and compliance with FDA rules and regulations
ü Weeds, Pests, Fertilizers and Predators; a draft of the proposed seed and nursery law is available for your inspection. If similar bills are discussed during interim committees, they will also be available, including a grain dealer law.
ü Bio-diesel Incentives.
ü Eminent Domain. There will likely be two bills, one dealing with the actual eminent domain statute, the other with Wyoming’s urban renewal statute. We are concerned with the latter; Wyoming’s statute is similar, if not identical to, the law that was upheld by the US Supreme Court in its recent Kelo decision
ü Pesticides in ground water will be examined, particularly the report from USGS. We will closely monitor this issue.
Minerals, business and economic development:
ü Workers’ compensation and co-employee liability. We will again be supporting strengthening Wyoming’s protection of employees from lawsuits by fellow employees.
Labor, health and social services:
ü Develop appropriate legislation to respond to the numerous reports required by law to be given to the Committee.
Again, thank you for your help during the session,
Thanks, Keith