Saturday, March 26, 2022

2022 Wyoming Legislative Session. Part V. The bringing home the bacon edition

Well, we're into Part V, and bills are becoming laws.


March 9, 2022

The House rejected the Senate amendments on redistricting.

The bill to limit the time prior to a election to change party affiliation died.

March 10, 2022

Governor Gordon Takes Action on 29 Bills on Wednesday, March 9

CHEYENNE, Wyo. –  Governor Mark Gordon took action on 29 bills on Wednesday, March 9. The Governor signed the following bills into law today:

Bill No.

Enrolled Act #

Bill Title

HB00045

HEA0009

Mine reclamation bonding-voluntary assigned trusts.

HB0043

HEA0010

Trophy game, big game and wild bison license allocations.

HB0039

HEA0011

Pre-application determinations for licensing.

HB0007

HEA0012

Commercial vehicle driving disqualification.

HB0065

HEA0013

County tax protest-filing date.

HB0079

HEA0014

Employment support fund-amendments.

HB0087

HEA0015

Insurance investment amendments.

HB0088

HEA0016

Name change notice publication of minors amendment.

HB0108

HEA0017

Funeral service practitioner amendments.

HB0110

HEA0018

Board of psychology-behavior analyst regulation.

HB0125

HEA0019

Workplace injury assistance-information and guidance.

HB0017

HEA0020

Veterans facilities-surrounded by grazing.

HB0004

HEA0021

Water permits-livestock on federal land.

HB0080

HEA0022

Campaign reports-amendments.

HB0052

HEA0023

Timeline to prepare and process absentee ballots.

HB0047

HEA0024

Local impact assistance payments.

HB0033

HEA0025

Community health services-continued redesign efforts.

HB0015

HEA0026

Political subdivision club liquor licenses.

HB0016

HEA0027

Military assistance trust fund-authorized uses.

HB0018

HEA0028

Off-road recreational vehicle registration amendments.

HB0060

HEA0029

Fiscal training and enforcement of financial reporting laws.

HB0062

HEA0030

Insurance amendments.

HB0076

HEA0031

Single office real estate brokers-licensing requirements.

HB0081

HEA0032

Operation of motorcycles-disabled persons.

HB0082

HEA0033

Military discharge and benefits.

SF0006

SEA0013

Aquatic invasive species-inspection enforcement.

SF0034

SEA0015

Inheritance tax fees-repeal.

SF0068

SEA0016

Decentralized autonomous organizations-amendments.

SF0075

SEA0017

Deferred annuities-minimum nonforfeiture.


The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website.

-END-

The law on license allocation provides:

ENROLLED ACT NO. 10, HOUSE OF REPRESENTATIVES

 

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2022 BUDGET SESSION

 

 

 

 

AN ACT relating to game and fish; modifying license allocations for resident and non-resident hunters for grizzly bears, mountain goats, bighorn sheep, wild bison and moose; imposing lifetime restrictions on bighorn sheep, wild bison and moose; creating exceptions; making conforming amendments; repealing obsolete language; requiring rulemaking; and providing for effective dates.

 

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

 

Section 1.  W.S. 231302(p), 231703(a) through (c) and (e), 231705(a) and (k), 232101(g) and (k) and 232107(f)(intro) are amended to read:

 

231302.  Powers and duties.

 

(p)  The commission may, by rule and regulation, establish a process by which big game licenses, trophy game licenses and wild bison licenses may be issued by a competitive raffle and prescribe the manner of payment for which raffle chances are sold and the amount of payment for each raffle chance.  No more than two (2) licenses for each big game species and trophy game species and no more than two (2) wild bison licenses shall be issued under this subsection. Each license issued for bighorn sheep, moose, mountain goat, or grizzly bear or wild bison through a competitive raffle shall, when applicable, be counted against any nonresident quota. The five (5) year restriction imposed on the receipt of a moose or big horn bighorn sheep license by W.S. 231703(b) or the lifetime restriction imposed on the receipt of a grizzly bear, or mountain goat, bighorn sheep, wild bison or moose license by W.S. 231703(c), and any restriction imposed on the receipt of a wild bison license by W.S. 232107 shall not be applicable in any manner to a license issued pursuant to this subsection.  The commission shall issue licenses upon receipt of the proper license fee by the successful competitive raffle winner. Nothing in this subsection shall authorize the issuance of a license to any person whose privilege to procure, purchase or possess a license has been suspended pursuant to this act or by operation of law.

 

231703.  Limitation of number of certain licenses; reservation of certain licenses; reservation of certain unused licenses.

 

(a)  The commission may limit the number of resident or nonresident big or trophy game animal licenses or wild bison licenses to be sold in any calendar year and may designate dates after which one (1) or more classes of licenses will not be sold except as authorized by the commission.

 

(b)  Except as specifically provided under this subsection, subsection (f) of this section or W.S. 231705(a), Subject to subsection (c) of this section, no person may apply for and receive more than one (1) cow or calf moose or one (1) ram ewe or lamb bighorn sheep license in any consecutive five (5) year period. Effective for the 1995 hunting season and each hunting season thereafter, licenses issued under this subsection shall be based upon the number of points assigned to each applicant for a particular species. Effective January 1, 2000, Licenses issued under this subsection shall be issued partially through a preference point drawing and partially through a random drawing of all remaining unsuccessful applicants for that year.  The department shall assign points to each license applicant for a specific species by multiplying the number of years the applicant has unsuccessfully applied for a license times one (1). The calculation used to assign points to an applicant for a particular species under this subsection shall include any year the applicant does not apply for a big or trophy game animal hunting license for that species, provided in the case of a resident the applicant pays the fee specified in W.S. 232101(k), and in the case of a nonresident, the applicant pays the appropriate fee established by the commission under W.S. 232101(m). License applicants within each hunt area for a species shall be grouped according to the number of assigned points for that species. Not less than seventyfive percent (75%) of available licenses within any hunt area shall be randomly selected through a preference point drawing from among the group of applicants with the largest number of assigned points and shall continue until all applicants within that group have been exhausted or until all available licenses have been issued, whichever first occurs. If any applicant grouping has been exhausted and licenses remain available within that hunt area, selection shall continue from among the group of applicants with the next largest number of assigned points. After the selections through the preference point drawing have been completed within a hunt area, the remaining licenses available from that drawing and the licenses available for the random drawing for that hunt area will be issued through a random selection from among all applicants in the hunt area who were not selected for issuance of a license for the species through the preference point drawing in that hunt area. For purposes of assigning points under this subsection, any unsuccessful license applicant failing to apply for a license, or pay the applicable fee in lieu of applying, during the second calendar year shall be considered to be a first year applicant for any subsequent calendar year in which the applicant submits license application for that particular species.

 

(c)  For the 1995 hunting season and each hunting season thereafter, Except as provided in this subsection and subsection (f) of this section or by rule of the commission, no person who is issued a hunting license on and after July 1, 2022 for a grizzly bear, or for a mountain goat, any moose or antlered moose, any ram bighorn sheep, any bighorn sheep and any wild bison, and no person who, on July 1, 2022, is subject to the five (5) year restriction under subsection (b) of this section for a moose or bighorn sheep license, shall be eligible to apply for or receive a hunting license for that particular species in any future year. The commission may issue hunting licenses to any person in future years when necessary for wildlife management purposes to harvest grizzly bear, mountain goat, ewe or lamb bighorn sheep or cow or calf moose. The commission may issue hunting licenses to any person to harvest cow or calf wild bison pursuant to W.S. 232107(f).

 

(e)  The commission shall reserve eighty percent (80%) of the moose and seventyfive percent (75%) of the ram and ewe and lamb bighorn sheep, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters ninety percent (90%) of the bighorn sheep, wild bison, moose, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters and the remaining ten percent (10%) of the bighorn sheep, wild bison, moose, mountain goat and grizzly bear licenses shall be reserved for nonresident hunters. The commission shall determine the allocation of resident and nonresident mountain lion harvest.

 

231705.  Complimentary licenses; pioneer licenses; antelope hunt licenses; gunpowder and buckskin hunt licenses; gratuitous licenses; donated licenses.

 

(a)  At the request of the governor, the commission shall annually issue up to twentyfive (25) complimentary hunting and twentyfive (25) complimentary fishing licenses.  Not more than five (5) big horn bighorn sheep, five (5) moose and five (5) wild bison licenses shall be issued under this subsection. The five (5) year restriction imposed on the receipt of a moose, or big horn bighorn sheep or wild bison license by W.S. 231703(b) and (c), and any restriction imposed on taking of wild bison under commission rule and regulation shall not be applicable in any manner to a license issued pursuant to this subsection.  Except as provided under subsection (g) of this section, no complimentary licenses may be issued at the request of the appointed commissioners. Immediately upon issuance of any of these licenses, the commission shall submit to the secretary of state for maintenance as a public record, the name and address of each licensee and the type of license issued.

 

(k)  The holder of any valid big game animal license, trophy game animal license, an any wild bison license or a female or calf wild bison license may surrender said license to the department for reissuance to a veteran with disabilities or a person with a permanent disability who uses a wheelchair as established by commission rule and regulation selected and sponsored by a nonprofit charitable organization providing hunting opportunities for disabled veterans or persons with permanent disabilities who use wheelchairs to a veteran with disabilities or a person with a permanent disability who uses a wheelchair.  Any license reissued in accordance with the provisions of this subsection shall be for the same species, area and license type as the license donated.  The license shall be reissued by the department to a qualifying person at no fee.  Any license donated and reissued under the provisions of this subsection shall not be sold, traded, auctioned or offered for any monetary value and shall not be issued to, or used by, any person other than a qualifying person under the provision of this section and in compliance with commission rule and regulation.  Licenses reissued to persons pursuant to this subsection shall not be subject to residency, drawing or fee requirements under W.S. 232101 or 232107. The five (5) year restriction imposed on the receipt of a cow or calf moose or big horn a ewe or lamb bighorn sheep license by W.S. 231703(b), the lifetime restriction imposed on the receipt of a grizzly bear, or mountain goat, ram or any bighorn sheep, any wild bison or any moose or antlered moose license by W.S. 231703(c) or the restrictions imposed on the harvest of a wild bison under W.S. 232107(f) shall not be applicable in any manner to a license issued pursuant to this subsection.

 

232101.  Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.

 

(g)  In promulgating rules and regulations for the taking of bighorn sheep and moose, the commission shall not discriminate between residents and nonresidents regarding the maturity, and horn size or sex of the animals which may be taken.  Nothing in this subsection shall be construed as prohibiting the commission from issuing a different number of licenses for residents and nonresidents, from requiring a preference point fee from nonresidents only pursuant to subsection (m) of this section or from issuing reduced price ewe and lamb bighorn sheep licenses as provided in subsection (d) of this section.

 

(k)  Any resident qualified to purchase a moose or ram big horn bighorn sheep hunting license under subsection (j) of this section may pay a fee of seven dollars ($7.00) in lieu of applying for a moose or ram big horn bighorn sheep hunting license.  Payment of the fee for a particular species under this subsection shall authorize the person to accumulate points under W.S. 231703(b) for that year in the same manner as if he had unsuccessfully applied for a hunting license for that species. Payment of the fee shall be made in compliance with application dates.

 

232107.  Wild bison licenses.

 

(f)  Any No person who is issued: may apply for or receive more than one (1) cow or calf wild bison license in any consecutive five (5) year period, except as authorized pursuant to W.S. 23-1-703(c).

 

Section 2.  W.S. 232107(f)(i) and (ii) is repealed.

 

Section 3.  The game and fish commission shall promulgate all rules necessary to implement the provisions of this act by January 1, 2023.

 

Section 4.  

 

(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2022.

 

(b) Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

March 11, 2022

The abortion "trigger" bill, which outlaws abortion if the U.S. Supreme Court determines that Roe v. Wade is no longer the law and returns this matter to the states, passed, as amended.  The amendments made exceptions for rape and incest.

Anthony Bouchard, the far right populist Senator who made a career out of being controversial in some ways, was censured by the Senate and stripped of his commitee assignments for "using intimidating tactics against members of the Senate and members of the public."

The final straw apparently was when Bouchard indicated to some lobbyiest that he had "film" that pertained to them, but he has a long history of being very aggressive in general.  The Senate leadership noted that decorum had declined in the legislature in recent years and attributed the decline to Bouchard.

March 12, 2022

Governor Gordon Takes Action on 8 Bills on Friday , March 11

 

CHEYENNE, Wyo. –  Governor Mark Gordon has taken action on eight bills on Friday, March 11. The Governor signed the following bills into law today:

Bill No.   Enrolled Act # Bill Title

HB0117 HEA0034           Occupational therapy licensure compact.

HB0031 HEA0048           Wyoming's tomorrow scholarship program.

SF0049 SEA0023             Repeal of specified state boards and commissions.

SF0019 SEA0026            County optional property tax refund program.

SF0032 SEA0028            K-3 reading assessment and intervention program.

SF0038 SEA0030            Monthly ad valorem tax revisions.

SF0043 SEA0034            Community college district elections.

SF0011 SEA0036            Display of state flag.

The full list of bills the Governor has taken action on during the 2022 Legislative Session, as well as the Governor’s letters, can be found on the Governor’s website. 

-END-

March 13, 2022

A compromise redistricting bill was passed on Friday, minutes before the deadline, which left two districts slightly out of compliance, and created some sort of resoution process should a Natrona County district have a problem.  Frankly, the result isn't clear to me.

March 15, 2022

Sentate leaders have asked for a formal investigation into the conduct of Anthony Bouchard.

Governor Gordon Takes Action on 28 Bills on Tuesday, March 15

CHEYENNE, Wyo. –  Governor Mark Gordon has taken action on 28 bills on Tuesday, March 15. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0049 HEA0035 Election reporting requirements.

HB0056 HEA0037 Examination of books of certain districts and entities.

HB0055 HEA0038 Liquor licenses-airport exemption.

HB0089 HEA0040 Monthly ad valorem tax revisions-enforcement.

HB0072 HEA0041 Hunting license application funds.

HB0071 HEA0043 Driving while license suspended-enhancement amendment.

HB0010 HEA0046 Tribal reference amendments.

HB0044 HEA0050 Mobile home and vehicle titles and transfers.

HB0073 HEA0051 Omnibus water bill-planning.

HB0107 HEA0053 Water state revolving funds amendments.

HB0053 HEA0054 Military department-discrimination or harassment grievances.

HB0064 HEA0055 Vehicle service contracts.

HB0092 HEA0057 Abortion prohibition-supreme court decision.

SF0018 SEA0022 County road maintenance fund amendments.

SF0048 SEA0024 2022 large project funding.

SF0026 SEA0025 District judge positions-authorization and funding.

SF0010 SEA0027 Predator control.

SF0077 SEA0031 Name change-duration of residency requirement.

SF0073 SEA0032 Codifying the institutional land fund.

SF0053 SEA0033 Local government liability pool amendments.

SF0003 SEA0035 Radioactive materials transport fee.

SF0101 SEA0037 Epinephrine and naloxone administration authority.

SF0035 SEA0041 Electric vehicle charging stations-regulation exemption.

SF0085 SEA0042 Child care facility certification exemption.

SF0092 SEA0043 Driver's license renewal or extension-exception.

SF0040 SEA0045 Criminal record dissemination-military department.

SF0082 SEA0048 Supplemental water development funding.

SF0061 SEA0049 Sage grouse game bird farms-no certification expiration-2.

Governor Gordon made the following comments in support of HB 0089, Monthly ad valorem tax revisions-enforcement:

“This legislation addressed a glaring hole in statute and now allows the Oil and Gas Commission to order wells shut-in and sealed upon written notice from the Department of Revenue. This sorely-needed bill enhances efforts to collect millions of dollars in back taxes owed to counties.”

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 17, 2022

In a truly unexpected story, the Wyoming Speaker of the House has turned a matter over to the Wyoming Highway Patrol, which provides legislative security, for investigation. The matter involves a claim by Ethete House member Rep. Andi LeBeau that she was told that Rep. John Romero-Martinez, R-Cheyenne, made a threat against her during a phone call with a lobbyist.

LeBeau did not take the threat lightly, and was so shook up by the threat that she abstained from attending the last day of the session.   Former legislator Sara Burlingame turned the matter over to the Cheyenne Police Department.

There's some suggestion that this may stem from a dispute over a bill which Romero-Martinez proposed to codify Federal Indian treaties.  LeBeau, who is an enrolled member of one of the Tribes, opposed it noting that the Tribes do not have a position on this matter, and that the Arapaho lack a treaty with the United States providing for a reservation, which is quite correct.  As an aside, this would further be complicated by the fact that this topic is already occupied by a provision of the United States Constitution and the state probably lacks authority to act at all.

UPDATED-- Governor Gordon Takes Action on 6 Bills on Wednesday, March 16

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on six bills on Wednesday, March 16. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0003 HEA0049 State land leases.

HB0146 HEA0058 General government reports.

HB0042 HEA0061 Local government distributions.

SF0027 SEA0029 Dissolution of county boards-authority.

SF0080 SEA0040 Omnibus water bill-construction.

SF0041 SEA0038 Expanding next generation 911.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END


March 18, 2022

Governor Gordon Takes Action on 3 Bills on Thursday, March 17

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on three bills on Thursday, March 17. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0123 HEA0036         Mine reclamation-disposal of materials.

HB0005 HEA0045         Wild horse and burro management.

SF0008 SEA0039           Weed and pest-reorganization.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 22, 2022

Governor Gordon Takes Action on 7 Bills on Monday, March 21

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on three bills on Monday, March 21. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

 

HB0136 HEA0039         Underground water contested case hearings.

HB0131 HEA0059         Nuclear power generation and storage-amendments.

HB0105 HEA0060         Severance tax reduction-coal.

SF0100 SEA0044           Stalking amendments.

SF0102 SEA0046           Second Amendment Protection Act.

SF0078 SEA0047           Language proficiency-seal of biliteracy.

SF0047 SEA0053           Carbon storage and sequestration-liability.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 23, 2022

Governor Gordon Takes Action on 3 Bills on Tuesday, March 22

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on three bills on Tuesday, March 22. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0002 HEA0044         Disposition of water rights.

SF0009 SEA0021           Revenue bonds for agricultural endeavors.

SF0086 SEA0051           Wildfires one-call amendment.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 26, 2022

The redistricting bill has passed into law without the Governor's signature.  It is probable that it will be challenged in court.

Last Prior Edition:

2022 Wyoming Legislative Session. Part IV. The sleeping tiger edition.

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