Friday February 11, 2005

Legislative Reports for the Wyoming State Legislature 58^th Session

Week 5 Mid-Point Report 

This year’s 58^th General Wyoming State Legislature began January 11.  In total, 175 Senate files and 9 Senate joint resolutions were introduced.  On the House side, 349 House bills and 19 joint resolutions were introduced.  Currently, of those introduced, 222 bills have failed, were withdrawn, or failed to receive consideration prior to the midway cutoff date. 

At over the half-way point, major issues include Split Estates, Medical Review Panel, Wildlife Trust Fund, Four-Lane Highway Funding, State Savings/Special Reserve Account, Air Service Enhancements, Economic Development/Amendment B, Water Development, the Taylor Plan concept (introduced at the Wyoming Heritage Foundation November Forum), and a Business Graduate School plan in Teton County.   

The following major issues are arranged by the index used in the Wyoming Prosperity Project. 

1.)  Economic Strength 

SF 60 – Split Estates Procedures for Oil and Gas Operations.

Sponsored by Joint Judiciary Interim Committee.

Split estates has been one of the more sensitive issues as of late.  This bill would provide guidelines for operators who own or have leased mineral rights to proceed with their operations, and provide legal protections for surface landowners and provides guidelines for interactions between mineral rights holder and surface land owner.  This legislation has not been hailed as perfect by any side, and is not ideal for any interest.  It has, however been described as the best compromise thus far, and has not been amended.  It supposedly strikes a delicate balance between interests.  If it passes, it is unclear how much of a difference it will really make. 

Action:  Passed House Judiciary Thursday 2/10 with no amendments. 

Placed on General File. 

HB 053 – Air Services Enhancements.

Sponsored by Joint Minerals, Business and Economic Development Interim Committee. 

Wyoming’s air service serves an important purpose for both business and tourism.  Having had little competition between airports and carriers, it is in Wyoming’s best interest to provide financial assistance to airports to increase competition, lower fares and increase ridership.  Wyoming will continue to be a tourist destination, and adequate airline options are necessary.  As business in Wyoming expands, business travel has and will continue to increase.

WBA Supports. 

Action:  Passed Senate Appropriations Committee and placed on General File Monday 2/7.

Passed Committee of the Whole Wednesday 2/9.

Passed second reading Thursday 2/10.

Passed third reading Friday 2/11.  VOTE 28-2. 

HB 232 - Economic Development Excise Tax.

Sponsored by Representatives Buchanan, Bagby, Childers, Hageman, Latta, Martin, Olsen, Petersen, Powers and Walsh and Senators Decaria, Meier and Townsend. 

Local economic funding in line with Constitutional Amendment B passed last November. Provides options for funding of local economic development.  This legislation is very important to enable local communities for economic development.  It could potentially lead to attracting more businesses to communities and provide a needed economic boost that may not have been achieved without it.  This legislation, if passed, would enable taxes to be used only by the consent of the voters of a community. 

WBA Supports. 

Action:  Passed third reading Tuesday 2/8.  VOTE 56-1.

Referred to Senate Minerals Wednesday 2/9.

HB 345 – Incentives for Mineral Exploration – 2

Sponsored by Representatives Miller, Buchanan, Cohee and Simpson.                              

An important piece of legislation for Wyoming’s future.  Our state economic prosperity and opportunity to diversify the economy come as a direct or indirect result of our mineral wealth.  Wyoming should take every opportunity to help perpetuate the value of our mineral resources.  Relating to taxation and revenue, this legislation provides for a severance tax credit for certain mineral exploration and provides procedures, a report and rules and regulations. Would allow for annual mineral severance tax credit equal to 50% of tax liability for a calendar year or $100,000, whichever is less. 

WBA Supports.

Action:  Passed third reading Tuesday 2/8. VOTE 53-3-4.

Referred to Senate Minerals Wednesday 2/9.

HB 049 - Natural Gas Valuation.

Sponsored By Joint Revenue Interim Committee.

Action:  Died Monday 2/7 without debate.

2.) Quality of Life

HB 083 – Medical Review Panel-2.

Sponsored by Joint Judiciary Interim Committee. 

Wyoming’s health care crisis requires strong legislation that will prevent frivolous lawsuits.  This bill would create a medical review panel composed of two doctors, two attorneys and one layperson that could give opinions that are non-binding and a judge would decide if findings could be admissible in court.  It would be funded by a $500,000 appropriation for expenses.  It has been questioned whether it is strong enough in its present form.  Advocates of liability reform will likely work for amendments to give the bill more teeth.

WBA Supports only a strong review panel that truly prevents the filing of frivolous lawsuits. 

Action:  Passed second reading Tuesday 2/8.

Passed third reading Wednesday 2/9. VOTE 57-2-1

Referred to Senate Labor Thursday 2/10. 

HB 319 – Excess Liability Account.

Sponsored by Representatives Wasserberger, Gay and Jorgenson.

Bill would create an excess liability fund that would provide assistance for medical malpractice claims in excess of $350,000 up to $650,000 for physicians who qualify.  Good legislation is needed for Wyoming’s health care crisis which has been debated for two years.  Health care providers and facilities make up 10% of Wyoming’s workforce and payroll and is a fundamental building block to each community in the state as well as the state economy.  Wyoming is  continuing to lose doctors who cannot afford to practice here.  There is the possibility that this bill could be amended to serve as a premium assistance funding source.  If that option does not materialize, it may not offer needed relief to physicians in Wyoming. 

Action:  Passed second reading Tuesday 2/8.

Passed third reading Wednesday 2/9.  VOTE 41-18-1.

Referred to Senate Judiciary Friday 2/11.

Taylor Plan – As a result of a presentation by Dr. James Caillier, President Emeritus of the Louisiana System, at the Wyoming Heritage Foundation Forum, “How Are the Children?” several pieces of legislation reflecting the concepts of the Taylor Plan were introduced.  The Taylor Plan is a merit-based, college tuition assistance program that would pay for the tuition of all academically eligible high school students at Wyoming community colleges or the University.  A highly successful program in other states around the nation, it has proven to be a worthwhile investment for the following reasons:  it encourages students to work hard and earn their college education; increases high school graduation rates and student performance; and yields a better educated workforce. 

WBA Supports

Action:  Three proposed pieces of legislation have been laid back by the House Education Committee to allow a possible interim study.

HJ 013 – Education as Free as Possible. (Taylor and Other Plans)

Sponsored by Representatives Cohee, Harshman and Wasserberger.

A Joint Resolution to determine means of making higher education in Wyoming as free as possible.  WBA data utilized in the whereas clauses; amended by University lobbyist from merit-based (Taylor Concept) to merit and need-based.  This legislation has passed the House and received broad support.        

-The four leading whereas sections of the resolution are from WBA Q&A info.

WBA Supports merit-based tuition.

Action:  Passed second reading Monday 2/7.

Passed third reading Tuesday 2/8.  VOTE 56-0-4

Referred to Senate Education Committee Wednesday 2/9.

Passed Senate Education Committee Friday 2/11.

Placed on Senate General File. 

HB 185 – Teacher Pay increases.

Sponsored by Representatives Wasserburger, Bagby, Bucholz, Esquibel, Harshman, Hinckley, Jackson, Lubnau, Morgan, Powers, Reese, Robinson and Thompson and Senators Boggs, Decaria, Job, Nicholas, Ross, Scott and Von Flatern.

Legislation would provide $28.4 million for increases in both teacher and staff pay.  Legislators are responding to the need to attract and retain quality educators, but concerns exist about block grants to schools that could be used for teacher pay increases.

Action:  House passed third reading Monday 2/7. VOTE 59-0-1.

On Senate General File.

HB 329 – Executive Training Institute/Graduate School of Business.

Sponsored by Representatives Luthi, Cohee, Gingery, Hammons, Illoway, Olsen, Wasserburger and Senators Coe and Larson.

A plan to build an executive training center in Teton County, and develop a premier graduate school of business.  Supported by State Treasurer, Speaker of the House and Senate President.

Proponents suggest the location would help draw business professionals to the executive training center and business students to the business school.  The bill would have a steering committee headed by the UW Dean of Business to plan the content of the executive training program, as well as set tuition levels and find opportunities to establish relationships with other business schools who are nationally recognized.  Students attending would have the educational resources of top business professionals who reside in the Jackson area.  The location for the school is yet to be determined and a question of debate.

Action:  Passed third reading Wednesday 2/9. VOTE 50-9-1.  

SF 122 - Higher Education Endowments Account.

Sponsored by Senators Scott, Barrasso, Boggs, Coe, Larson, Massie --and Vasey and Representatives Hammons, Harshman, Illoway, Jorgensen, Luthi, Reese and Wasserburger.

The package includes $105 million for endowed chairs and $5 million for scholarships intended to attract and retain outstanding faculty and assist students.  2/3 of funds would go to the University and the other third to community colleges and the appropriation would be made in three equal installments of $35 million between October 1, 2005 until June 30, 2006.  It is estimated that the endowment could generate up to $5 million annually.  The Senate amended the bill to create a committee to plan for the implementation of the fund.  This committee would include members of the University and community colleges as well as members of the business community.  Some question the need for the legislation since there is a 50-50 match already in place for funding purposes.

Action:  Passed Senate Committee of the Whole Monday 2/7.

Passed second reading Tuesday 2/8.

Passed third reading Wednesday 2/9. VOTE 28-1-1.

Referred to House Education Thursday 2/10. 

3.)  Infrastructure Development

SF 127 – Four Lane Highway Funding.

Sponsored by Senators Von Flatern, Boggs, Geis, Jennings and Johnson and Representatives Berger, Cohee, Edwards, Illoway, Latta and McOmie

Legislation that would provide an initial $20 million towards the planning and widening of select Wyoming two-lane highways to four lanes.  This bill serves three purposes:  an investment for Wyoming’s Future; improving highway safety; and statewide economic development.  Four lane highways provide 40-60% decrease in highway injuries and fatalities, improve traffic flow saving time and money, creates jobs both for construction of highways and for attracting new businesses.  Eighty percent of rural economic development occurs near four-lane highways.  This could be one of Wyoming’s wisest investments serving a variety of necessary needs in both the short and long terms. 

WBA Supports.

August 2001, WBA Steering Committee passed resolution supporting the construction of additional four-lane highways in Wyoming. 

Action:  Passed House Minerals Committee and was amended to increase the appropriation to the amount of $20 million Friday 2/11. 

HB 272 - Coal Benefication Facilities-Tax Exemptions.

Sponsored by Representatives Edwards and Lockhart and Senator(s) Anderson, J.

A sales and use tax exemption that would result in a reduction in cost for building facilities such as coal-to-gas for generating power from low emission fuels.  A piece of legislation that potentially could be key to Wyoming’s value added mineral industry.  Wyoming benefits tremendously from mineral royalties, and should help sustain the primary source fueling its economy. 

Action:  Passed third reading Monday 2/7. VOTE 56-3-1.

Senate Received for introduction Tuesday 2/8. 

HB 330 – Wyoming Community Enhancement Program.

Sponsored by Representatives Berger, Hammons, Harvey, Iekel, Martin, Semlek, Wasserberger, Zwonitzer, and Senators Anderson, J., Decaria, Job, Mockler, Ross, Schiffer and Sessions.

A bill authorizing grants for historic or cultural preservation and community enhancement projects that would include the construction of new facilities, landscaping, acquisition of land, and the conversion of former school facilities to community centers. 

Bill also modifies the Business Ready Communities legislation to assist economic or educational development infrastructure projects in that grants and loans can be made for the purchase of land, buildings, facilities, telecommunications infrastructure, rights of way, airports sewer, and water projects and roads - - but not landscaping, and recreational and convention facilities.  It shall not be used for rehabilitation or expansion of existing infrastructure unless proven necessary to retain an existing business unless proven necessary by the applicant to retain a business in the community.  Program intended to promote economic development for cities, towns, counties and joint powers boards. Would have appropriation of $10 million.

Action:  Passed second reading Tuesday 2/8.

Passed third reading Wednesday 2/9. VOTE 59-0-1.

Referred to Senate Minerals Friday 2/11. 

SF 71 – Wyoming Community Facilities Program.

Sponsored by Senators Ross, Anderson, J. and Schiffer and Representatives Hammons, Hinckley and Semlek.

Legislation that would provide opportunities to local communities to renovate or expand on existing school or government facilities. Facilities should provide space for community gatherings, recreational opportunities and other community functions. Bill would establish a program to assist local governments with community facility projects with program administration by the Business Council.  Bill provides for grants, loans and cooperative agreements and account would begin with an initial $5 million appropriation. 

Action:  Passed third reading Wednesday 2/9. VOTE 28-1-1.   

Referred to House Labor Thursday 2/10.

SF 118 – Business Ready Community Program.

Sponsored by Representatives Bagby and Quarberg.

A bill modifying restrictions on funding rehabilitation or expansion of existing infrastructure under the program.  This bill’s modification varies from HB 330 in that loans and grants cannot be granted for expansion or rehabilitation of existing infrastructure unless the Council, not the applicant, demonstrates the rehabilitation or expansion is necessary. 

Action:  Passed Committee of the Whole Monday 2/7.

Passed second reading Tuesday 2/8.

Passed Senate third reading Wednesday 2/8.  VOTE 28-1-1.

Referred to House Minerals Thursday 2/9. 

4.)  Government Spending and Taxes 

HB 25 – Special Reserve Account.

Sponsored by Representatives Illoway, Edwards, Hinckley, Latta,

Lockhart, Martin, McOmie, Petersen, Reese and Walsh and Senators Hanes, Hines, Massie, Nicholas and Schiffer. 

Wyoming may not always have the mineral wealth and economic prosperity enjoyed today.  Forward thinking drives this legislation that would serve as a safety cushion if hard times hit our state.  It would create a rainy day account and a 2/3 vote from both chambers would be required to tap into the account.  The initial amount of the account would be 10 percent of the assessed value of taxable property in the state. 

Supported by WBA.

Action:  Passed Senate Appropriations Committee and placed on General File Tuesday 2/8.

HB 214 – Removal of Sales Tax on Groceries.

Action:  Died Monday 2/7 without debate.

HB 007 – Removal of 4^th cent sales tax –

Action:  Died Monday 2/7 without debate.

WBA opposed.  Passage would have increased reliance on the mineral industry to subsidize Wyoming and narrowed the tax base. 

5.)  Public Lands 

HJ 009 – State Standards for Federal Resource Management.

Sponsored by Representatives Hageman and Luthi.

A joint Resolution urging state agencies, under the direction of the Governor to actively participate in the plans, policies, programs and processes of the Federal Government relating to Wyoming and should help coordinate the general policies regarding the use and management of Federal lands and resources in Wyoming to promote the maximum recognition of state and local interest in the Federal land use management process.  That includes issues such as water, land access, wildlife, agriculture, industry, tourism, multiple-use, and state and local economies.

WBA Supports. 

Action:  Passed second reading Tuesday 2/8.

Passed third reading Wednesday 2/9. VOTE 59-0-1.

Referred to Senate Minerals Friday 2/11. 

SF 041 - Wildlife Trust fund. $30 Million Fund.

Sponsored by Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee.

Legislation intended to preserve Wyoming’s wildlife and habitat for future generations through the efforts of both state agencies and non-profit groups through applications for funding from a 9 member board.  Funding originally proposed at $75 million, cut to $30 million.  While Wyoming’s wildlife heritage should be a high priority, so too, should be the commitment and support for Wyoming’s natural resources and industry as they are as much part of Wyoming’s heritage and are vital to sustaining the economy and future.

Action:  Approved by Senate Natural Resources Committee Tuesday 2/8.

Amendments included expanding the board from 7-9 member requiring wildlife, tourism, energy, agriculture and sportsman interests to be on the Board. 

Passed Senate third reading Tuesday 2/8. VOTE 22-8.

Referred to House Travel Committee Wednesday 2/9.

SF 069 - Water Development Account III.

Sponsored by Senate Select Water Committee.

An account for water storage facilities in Wyoming for dam construction or expansion requiring a 2/3 vote from both houses to enable transfer of funds.  Only projects with no less than 1000 acre-feet of storage capacity can be funded from this account..  Wyoming has had droughts before, presently endures drought conditions and will experience more in the future.  Water is one of our most valuable resources and should be most effectively utilized and preserved. 

Account III to be created with a transfer of funds in the amount of $54,070,000 from the Level III Green River/Wind River Construction Development Fund and $10 million from the Budget Reserve Account.

Action:  House received for introduction Friday 2/4.

Referred to House Agriculture Tuesday 2/7.

WBA supports added water storage projects.