Friday February 18, 2005

Legislative Reports for the Wyoming State Legislature 58^th Session

Week 6 

1.)  Economic Strength 

SF 060 – Split Estates Procedures for Oil and Gas Operations.

Sponsored by Joint Judiciary Interim Committee. 

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 while providing guidelines for interactions between mineral rights holder and surface land owner. 

Action:  Has passed both Legislative chambers.

Passed House Committee of the Whole Tuesday 2/15.

Passed second reading Wednesday 2/16.

Passed third reading Thursday 2/17 with amendments and Senate did concur.

House VOTE:  52-6-1. 

Senate VOTE:  23 yes) 4 no) 1 excused) and 2 conflicts.

WBA Supported.

HB 053 – Air Services Enhancements.

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

A bill that will enable the Wyoming Aeronautics Commission to enter into agreements or provide financial assistance for the enhancement of Wyoming’s air services.  This includes providing financial assistance to increase competition, lower fares and increase ridership.

WBA Supports. 

Action:  Has passed both Legislative chambers.

House VOTE:  56-1-3 - - Passed third reading 1/28

Senate VOTE:  28-2     - - Passed third reading 2/11

Signed by House Speaker and Senate President.

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. 

A bill for local economic funding in line with Constitutional Amendment B passed last November. Provides options for funding of local economic development.  This legislation would enable local communities generate funding 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.

Passed House 56-1.

WBA Supports. 

Action:  Passed Senate Minerals Committee Tuesday 2/15.

Placed on General File Wednesday 2/16.

Laid back without prejudice Wednesday 2/16.

Passed Committee of the Whole Friday 2/18.

Amended provision that denies the ability to utilize any revenue generated to acquire any public utility, a position supported by WBA. 

HB 345 – Incentives for Mineral Exploration – 2.

Sponsored by Representatives Miller, Buchanan, Cohee and Simpson.       

Bill would allow opportunity to apply for annual mineral severance tax credit equal to 50% of tax liability for a calendar year or $100,000, whichever is less for exploration of new mineral resources not currently produced in a county.  Bill would require submission of mineral exploration data including exploration work accomplished, expense data and CPA verification that work expenses of the project are equal to or exceed $40,000. 

Passed House 53-3-4

WBA Supports. 

Action:  Passed Senate Minerals Tuesday 2/15.

Placed on General File Tuesday 2/15.

Passed Committee of the Whole Friday 2/18. 

2.) Quality of Life 

HB 083 – Medical Review Panel-2.

Sponsored by Joint Judiciary Interim Committee. 

This bill would create a medical review panel originally 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.  The panel’s composition has been amended in Senate Labor Committee.

Passed House 57-2-1. 

Action:  The panel’s composition was amended in Senate Labor Committee to remove lawyer representation and replace with one health care provider and one lay person, though panel would have lawyer from Attorney General’s Office as chairman.  Additionally, the standard of proof has been raised in making decisions; the conclusions of the panel would be admissible in court and the opt-out option was removed.  With the new amendments, this bill will likely face some opposition in the full Senate.

Passed Senate Labor Committee Friday 2/18.

Re-referred to Senate Appropriations Committee Friday 2/18.

WBA Supports Bill as Amended.

HB 319 – Excess Liability Account.

Sponsored by Representatives Wasserberger, Gay and Jorgenson. 

A bill that would have aided in payment of large medical malpractice claims in excess of $500,000 for physicians who qualify.  In no event would the state have paid in excess of one million dollars for coverage of one physician.  This bill would potentially have offered much needed relief to Wyoming physicians.  Lack of Legislative support continues to be a barrier in terms of meaningful medical malpractice insurance relief. 

Action:  Died in Senate Judiciary Committee Wednesday 2/16. 

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.  Easily passed the House 56-0 with no opposition and awaits consideration in full Senate.        

WBA Supports merit-based tuition. 

Action:  On General File awaiting consideration in Senate.

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.  Lobbied for heavily by education community.  Bill is intended to attract and retain quality educators, but concerns exist about block grants to schools that could be used for teacher pay increases. 

Passed House 59-0-1. 

Action:  Passed Senate Education Committee Friday 2/18 with $2000 pay raise figure.

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 in Teton County is yet to be determined and a question of debate. 

Bill has passed House 50-9-1. 

Action:  Passed Senate Education Committee Wednesday 2/16.

Referred to Senate Appropriations Committee and passed Committee Friday 2/18.

Placed on Senate General File Friday 2/18.

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. 

Passed Senate 28-1-1. 

Action:  Under consideration in House Education Committee Wednesday 2/16 upon adjournement. 

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 $7 million as amended by House 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. 

Passed Senate 26-3-1. 

WBA Supports.

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

Action:  Senate side passed bill with $10 million appropriation. 

House Appropriations Committee amended down to $5 million.  Committee also amended bill to allow widening highways with a third lane in certain areas rather than widening a highway from two lanes to four lanes entirely Tuesday 2/15.

Passed second reading Thursday 2/17.

Passed third reading Friday 2/18 amended increase to $7 million over earlier $5 million appropriation.

House VOTE:  56-3-1.

HB 272 - Coal Benefication Facilities-Tax Exemptions.

Sponsored by Representatives Edwards and Lockhart and Senator 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.   

-See Sunday Casper Star Tribune for guest editorial on topic by Marion Loomis, Executive Director – Wyoming Mining Association.  To read, visit this link: http://www.casperstartribune.net/articles/2005/02/20/editorial/forum/bc5ff0f506c2ae6f87256fad00058b74.txt

Passed House 56-3-1.

WBA Supports. 

Action:  Passed Senate Revenue Committee Thursday 2/17.

Placed on General File 2/17.

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. 

Passed Senate 28-1-1.   

Action: Re-referred to House Minerals Tuesday 2/15.

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 House Minerals Monday 2/14.

Passed Committee of the Whole Tuesday 2/15.

Passed second reading Wednesday 2/16.

Passed third reading Thursday 2/17 with House amendments.

House VOTE:  59-0-1

Senate concurrence VOTE:  30-0 

4.)  Government Spending and Taxes 

SF 9 – Intangible Property Taxation Study.

Sponsored by Joint Revenue Interim Committee. 

A bill creating a legislative task force to assess the costs and benefits in taxing or not taxing intangible property.   

Action: Passed Senate third reading 1/28.

Passed House second reading Monday 2/14.

Passed House third reading Tuesday 2/15.

Senate VOTE:  29-1

House VOTE:   59-0-1

SF 12 – Intangible Property.

Sponsored by Joint Revenue Interim Committee. 

A bill providing for a definition of real property for taxation purposes. 

Action:  Passed House third reading Monday 2/14.

Senate concurred with House Monday 2/14.

House VOTE:  57-1-2

Senate VOTE:  23-5-2

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. 

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. 

Passed House 45-14-1

Supported by WBA. 

Action:  Bill is on Senate General File awaiting consideration.

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.  Passed House 59-0-1.

WBA Supports. 

Action:  Passed Senate Minerals Committee Tuesday 2/16.

Placed on Senate General File 2/16. 

SF 15 – State Lands Preservation Account.

Sponsored by Joint Agriculture, Public Lands and Water Resources Interim Committee. 

A bill creating a trust land preservation and enhancement account used for funding to preserve and enhance the asset value of all surface and mineral lands held in trust by the state. 

Action:  Passed third reading in House Wednesday 2/16.

Senate Concurred with House version Thursday 2/17.

House VOTE:  42-15-3

Senate VOTE:  21-8-1

SF 19 – State Lands Trust Responsibilities.

Sponsored by Joint Agriculture, Public Lands and Water Resources  Interim Committee.

A bill creating a task force to review the trust responsibilities of the office of state lands and investments. 

Action:  Passed House Ag Committee Thursday 2/17.

Re-referred to House Appropriations Committee Thursday 2/17.

 SF 041 - Wildlife Trust 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. 

Has passed Senate 22-8.  

Action:  Passed House Travel Committee Wednesday 2/16 with an amendment giving oversight to a legislative committee for projects in excess of $200,000 and a provision that banned the purchase of land by the board. 

Re-referred to House Appropriations Thursday 2/17. 

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 2000 acre-feet of storage capacity can be funded from this account.  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.

Has passed Senate 29-1.

WBA Supports. 

Action:  Passed House Ag Committee Tuesday 2/15.

Placed on House General File Tuesday 2/15.

Passed Committee of the Whole Friday 2/18.