Tuesday, February 19, 2019

More bills signed into law, the 2019 Legislature.

Note, this entry has a lot of white space gaps as the first item below is a jpeg of the state's letter on the topic.

Bills the Governor will be signing in the immediate future:

Bill No.
Enrolled Act #
Bill Title
SEA No. 0030
Roadside geology.
SEA No. 0032
State parks-vendor contracts.
SEA No. 0033
Municipal solid waste cease and transfer-appropriation.
SEA No. 0034
Freestanding emergency center licensing-time extension.
SEA No. 0035
Landowner and lessee liability limitations.
SEA No. 0036
Real estate appraisers-licensing amendments.
SEA No. 0037
Malt beverage and catering permits-fees.
HEA No. 0031
Wage garnishment.
HEA No. 0033
Environmental quality council-amendments.
HEA No. 0034
Financial technology sandbox.
HEJR No. 0001
Wyoming support for delisting the grizzly bear.

And here's ones that a signing ceremony has been asked for:


A formal bill signing has been requested for the following bills:
Bill No.
Enrolled Act #
Bill Title
SEA No. 0016
State amphibian.
SEA No. 0031
Archaeological human burial sites.
HEA No. 0030
Sunset date-Wyoming investment in nursing program.
HEA No. 0035
Use of dogs-recovery of killed or wounded big game.


I'm not too sure what I think of that last one.  I understand why the bill was asked for but the use of dogs in big game hunting in the United States is pretty much a non story.  It's common in Scandinavia and it does have a long history, but at this point, even in this role, I can't help but feel that will cause controversies that aren't needed.  The bill states:

ORIGINAL HOUSE ENGROSSED
BILL NOHB0073

ENROLLED ACT NO. 35, HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2019 GENERAL SESSION




AN ACT relating to game and fish; allowing a person to use a leashed blood-trailing dog to help recover a killed or wounded big game animal; specifying requirements for any person using a dog to recover a game animal; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 233109 by creating new subsections (d) and (e) is amended to read:

233109.  Use of dogs; dogs injuring big or trophy game animals may be killed; citation of owners of dogs harassing game animals; penalties; leashed dogs for tracking.

(d)  A person may use one (1) leashed bloodtrailing dog to track a wounded or killed big game animal within seventy-two (72) hours of shooting the animal. A person using a dog in this manner:

(i)  Shall maintain physical control of the dog at all times by means of a maximum fifty (50) foot leash attached to the collar or harness of the dog;

(ii)  Shall wear fluorescent orange or fluorescent pink consistent with W.S. 233113(a);

(iii)  May kill the wounded animal using any weapon authorized under the hunting license;

(iv)  Shall, in accordance with W.S. 233104, attach the proper coupon to the carcass of any animal killed under the hunting license.

(e)  A person acting solely as a dog handler accompanying the licensed hunter that wounded the game animal is exempt from the licensing requirements of this act. Nothing in this section shall be construed to allow a dog handler to hunt without a license.

Section 2.  This act is effective July 1, 2019.

(END)






Speaker of the House


President of the Senate





Governor





TIME APPROVED: _________





DATE APPROVED: _________


I hereby certify that this act originated in the House.

I guess its pretty limited in extent.  We'll see how well it works out.

The bill on archaeological human remains is another one of those bills that was in the legislature on a significant topic which I wasn't aware of, as it didn't get any press.  It provides:

ORIGINAL SENATE ENGROSSED
FILE NOSF0078

ENROLLED ACT NO. 31, SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2019 GENERAL SESSION




AN ACT relating to criminal procedure; requiring notification of law enforcement and the coroner when human remains are discovered; providing for exhumation and reinterment of human remains on state and private lands; providing for notification of the state archaeologist and others of archaeological human remains and burials; requiring development of a protocol for consultation, repatriation and reinterment or other disposition of Native American human remains; creating a misdemeanor; making conforming amendments; requiring county coroners to produce an inventory; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 74106 is created to read:

74106.  Archaeological human burial sites.

(a)  The county coroner shall have jurisdiction over all archaeological human burials discovered in the county on state or private lands.

(b)  When human remains are discovered:

(i)  The person who discovers the remains shall cease the activity that caused the discovery of the remains and immediately notify law enforcement. If the remains are discovered on private land and the person who discovers the remains is not an agent of the landowner, the individual shall also notify the landowner;

(ii)  When law enforcement is notified that human remains have been discovered within the limits of the county, law enforcement shall notify the coroner who shall determine the approximate age of the burial site. If the human remains constitute an archaeological human burial:

(A)  On private land, the coroner shall notify the state archaeologist and the landowner;

(B)  On state land, the coroner shall notify the state archaeologist and the office of state lands and investments. The office of state lands and investments shall notify any leaseholder;

(C)  The state archaeologist's investigation to determine the forensic value and archaeological context shall be:

(I)  Commenced within two (2) business days of the discovery to protect the integrity of the remains;

(II)  Limited to the discovered human burial site.

(c)  When human remains are exhumed:

(i)  An archaeological human burial shall only be exhumed under the direction and supervision of the state archaeologist in coordination with the county coroner, and provided:

(A)  The coroner shall notify the landowner of exhumation; and

(B)  If the state archaeologist determines that the remains are Native American, the state archaeologist shall notify the Eastern Shoshone and Northern Arapaho Tribes before exhumation.

(ii)  Absent extraordinary circumstances, exhumation shall be completed not more than six (6) business days from the date the coroner notifies the state archaeologist of the archeological human burial discovery to protect the safety and integrity of the remains.

(d)  When human remains are reinterred:

(i)  When the state archaeologist determines that an archaeological human burial is Native American, after archaeological human remains are exhumed and before reinterment or repatriation, the state archaeologist and county coroner shall:

(A)  Notify and consult with culturally affiliated Native American tribes in accordance with the protocol developed pursuant to subsection (f) of this section; and

(B)  Expend reasonable effort to identify present day descendants.

(ii)  When the state archaeologist determines that an archaeological human burial is not Native American, the state archaeologist shall expend reasonable effort to identify present day descendants and consult with them before reinterment;

(iii)  If no descendants of the person whose remains were exhumed are identifiable, remains may be reinterred on state lands;

(iv)  Subject to the notification of law enforcement, the coroner and the state archaeologist and the procedures in this section, nothing in this section precludes a landowner from working with descendants or Native American tribes to reinter human remains on private lands with the landowner's consent.

(e)  Human remains shall be treated with respect, dignity and with consideration of religious, spiritual and ethnic evidence present at the burial site.

(f)  The state archaeologist in cooperation with the state historic preservation office and county coroners shall work with culturally affiliated tribes including the Eastern Shoshone and Northern Arapaho tribes to develop a protocol for consultation, repatriation and reinterment or other disposition of Native American human remains.

(g)  For purposes of this section, "archaeological human burial" includes human remains and funerary objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains at the time of death or later but does not include remains found in known or marked graves, found in established cemeteries or that demonstrate present medicolegal significance.

(h)  A person who knowingly violates this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than five thousand dollars ($5,000.00), or both.

Section 2.  W.S. 64501(b) and 364106(d)(vi) are amended to read:

64501.  Opening graves and removing bodies; penalty; exception.

(b)  This section does not prohibit exhumation if ordered by a court of competent jurisdiction or if performed in accordance with W.S. 74106(c).

364106.  Plan for acquisition and development of resources; authority of department; coordination of activities; exceptions; agreements with United States; state archaeologist.

(d)  There shall be appointed within the department of state parks and cultural resources a state archaeologist, who shall be a member of the department of anthropology of the University of Wyoming. The state archaeologist shall receive an annual salary to be determined by the Wyoming human resources division, which shall be in addition to any compensation received from the university. The state archaeologist may:

(vi)  Cooperate with all agencies to the extent of capacity in the protection from vandalism, natural and other kinds of destruction of all objects of archaeological significance, to investigate, exhume and consult regarding archaeological human burials pursuant to W.S. 74106and to render aid in the enforcement of the Wyoming Antiquities Act;

Section 3.  

(a)  Not later than January 30, 2020, each county coroner shall provide the state archaeologist an inventory of the archaeological or potential archaeological human remains that the coroner has in the coroner's storage facilities.

(b)  The state archaeologist with the county coroner shall act in accordance with W.S. 74106(d) and (e) as created by this act for the disposition of archaeological human remains identified in subsection (a) of this section.

Section 4.  This act is effective July 1, 2019.

(END)






Speaker of the House


President of the Senate





Governor





TIME APPROVED: _________





DATE APPROVED: _________


I hereby certify that this act originated in the Senate.

On these other bills, I frankly think a state amphibian is just silly, but we seem to have something like this every year.

Bills signed into law so far:





2 comments:

Rich said...

Apparently, the use of tracking dogs to recover wounded deer was legalized in Oklahoma a few years ago, which I wasn't really aware of until a link to a Facebook deer recovery group showed up on my computer.

FWIW, from that Facebook group, it looked like lobbying for the legalization of tracking dogs came from https://www.unitedbloodtrackers.org/.

I can almost see a use for tracking dogs with whitetail deer recovery in some thick brushy areas where a blood trail can just disappear. But by the time you were able to find someone with a dog, get the dog on the ground following the trail, and then actually found the deer, I'd bet that the coyotes would have already found it and there wouldn't be much left little to salvage.

Using a dog to try to recover bigger animals like elk in more remote open country seems like it would be even less useful.

Pat, Marcus & Alexis said...

That's interesting. I wouldn't have guessed that there was somewhat of a larger national effort for this going on.

It'll be interesting to see where this leads. It's passed, but it will take the Game and Fish to really implement it and they'll have to develop some regulations regarded it. I have a hard time seeing the Game and Fish being really enthusiastic about it.