Wyoming Legislature - 2005 General Session

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January 16, 2007

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Day 6 – Tuesday

INDEX OF BILLS COVERED IN TODAY’S REPORT

HB 25: Domestic Violence Counseling Period
HB 36: Rape Shield Law
HB 46: Workers’ Compensation Coemployee Immunity
HB 47: Prevailing Wage Amendments
HB 58: State Employee Longevity Pay
HB 59: Moist Snuff Tobacco Tax
HB 70: Game and Fish – License Fees
HB 71: Game and Fish – License Fees 2
HB 85: Game and Fish - Funding
HB 99: Hathaway Scholarship Program
HB 124: Eminent Domain – 2
HB 159: State-Owned Building Energy Efficiency Program
SF 12: Sex Offenses by Corrections Personnel
SF 33: Open Containers of Alcohol
SF 46: School Finance – Recapture – 2
SF 51: Temporary Instream Flows
SF 72: Indian School Education Programs
SF 100: Public School Teacher Incentive Programs
SF 102: Children’s Advocacy Centers

TODAY’S ACTION ON BILLS

HB 25: Domestic Violence Counseling Period
LSO Bill Info

HB 25 would amend the time period a person who has committed an act of domestic abuse may be required to participate in counseling or other appropriate treatment. Currently, counseling may be required for up to 90 days. HB 25 would allow counseling or other treatment for the abuser to be required for as long as a protection order was in effect.

The House passed HB 25 on second reading on Tuesday, and the bill will move on to third reading on Wednesday.

HB 36: Rape Shield Law
LSO Bill Info

HB 36 would specify the type of evidence related to a victim’s sexual conduct that is admissible or not admissible in a sexual assault trial.

The House Committee of the Whole passed HB 36 on Tuesday, and the bill will move on to second reading on Wednesday.

HB 46: Workers’ Compensation Coemployee Immunity
LSO Bill Info

HB 46 would amend the workers’ compensation co-employee immunity statute to clarify that an employee is immune from civil liability for causing a work related injury to a co-employee, unless there was an intent to cause physical harm or injury.

HB 46 includes a declaration of legislative intent to change the effect of a recent Wyoming Supreme Court decision that interpreted current law to include a different standard of liability (Bertagnolli V. Louderback, 2003).

The House Labor, Health and Social Services Committee will hear HB 46 on Wednesday after the House adjourns.

HB 47: Prevailing Wage Amendments
LSO Bill Info

HB 47 would authorize a single statewide wage district for the purpose of calculating the prevailing wage on state-funded contracts, would authorize the Department of Employment to investigate prevailing wage violations upon its own volition, would remove a requirement that prevailing wage determinations must use employment security law wage reports, and would provide a bid preference of one percent (1%) to contractors who participated in the Department of Employment’s prevailing wage survey.

The House passed HB 47 on second reading on Tuesday, and the bill will move on to third reading on Wednesday.

HB 58: State Employee Longevity Pay
LSO Bill Info

HB 58 would permanently increase longevity pay for state employees from $30 per month to $40 per month for every five years of service. In the 2006 Budget Session, the Legislature passed an amendment to the budget bill that temporarily increased longevity pay to $40 per month, but that will revert to the $30 level at the end of the current two year budget cycle.

The House Appropriations Committee will consider HB 58 on Wednesday after the House adjourns.

HB 59: Moist Snuff Tobacco Tax
LSO Bill Info

HB 59 would add a specific tax on moist snuff tobacco, which is currently taxed in a group with all tobacco products other than cigarettes at a rate of 20% of wholesale purchase price. Under HB 59, moist snuff (also known as chew) would be taxed at a rate of fifty cents ($0.50) per ounce.

The House Revenue Committee will consider HB 59 on Wednesday at 8:00 a.m.

HB 70: Game and Fish – License Fees
LSO Bill Info

HB 70 would increase hunting and fishing license fees by 20%, effective in 2008. It would also increase application, conservation stamp and permit fees, selling agent fees and landowner coupon payments by 20%, and would generate about $5.6 million in additional revenue for the Game and Fish Department annually.

The House Travel, Recreation, Wildlife and Cultural Resources Committee will consider HB 70 on Wednesday at 8:00 a.m.

HB 71: Game and Fish – License Fees 2
LSO Bill Info

HB 71 would automatically adjust all fees charged by the Wyoming Game and Fish Department and landowner coupon payments to account for inflation, using the implicit price deflator as published by the United States Department of Commerce as the index to determine the annual rate of increase or decrease.

The House Travel, Recreation, Wildlife and Cultural Resources Committee will consider HB 71 on Wednesday at 8:00 a.m.

HB 85: Game and Fish - Funding
LSO Bill Info

HB 85 would provide a one-year appropriation of $5.66 million from the general fund to the Wyoming Game and Fish Department, to be used for specified programs that benefit Wyoming citizens in general, regardless of whether they hunt or fish.

The programs on which the general fund money could be spent would include sensitive species programs (including terrestrial and aquatic native nongame species and trophy game conflict resolution); habitat programs; conservation education programs; sage grouse planning and protection; and veterinary programs (including brucellosis, chronic wasting disease and other disease management programs).

The House Travel, Recreation, Wildlife and Cultural Resources Committee will consider HB 85 on Wednesday at 8:00 a.m.

HB 99: Hathaway Scholarship Program
LSO Bill Info

HB 99 would expand the Hathaway scholarship program to graduate and professional degrees and would extend the time students could attend post secondary educational institutions. HB 99 would clarify how to handle scholarships when a student attends more than one eligible school whereby the student would designate a home school that would be paid the entire scholarship amount granted to the student.

The House Education Committee will hear HB 99 on Wednesday after the House adjourns.

HB 124: Eminent Domain - 2
LSO Bill Info

HB 124 would strengthen landowners’ standing in legal actions to condemn their private property for public or private projects. It would allow better compensation for landowners, would require reclamation and restoration of property acquired by eminent domain, and would limit condemnation authority for urban renewal projects. It would also eliminate the maximum amount on relocation expenses for a displaced farm, organization or small business (now capped at $10,000).

The House Agriculture, Public Lands and Water Resources Committee heard public testimony on HB 124 on Tuesday morning, and will take committee action on the bill on Thursday.

HB 159: State-Owned Building Energy Efficiency Program
LSO Bill Info

HB 159 would create an energy efficiency program for state-owned buildings. Under the program, all state agencies would designate an energy efficiency coordinator, and would develop strategies for improving energy efficiency and reducing energy costs in the buildings in which it operates. The bill would establish incentives for state agencies and school boards to participate in the program, by entitling agencies and school districts to use 50% of all documented energy savings for maintenance projects.

HB 159 included a $1 million appropriations to get the energy efficiency program started, and authorized one new position in the Division of Administration and Information to implement and coordinate the program.

The House Appropriations Committee will hear HB 159 on Wednesday at 8:30 a.m.

SF 12: Sex Offenses by Corrections Personnel
LSO Bill Info

SF 12 would establish a crime for sex offenses committed by corrections staff against persons under supervision by the corrections facility. It would also provide that consent of the victim is not a defense against such crimes. Wyoming currently has no law against sex offenses by corrections staff against residents or inmates of the correctional system.

The Senate unanimously (28-0, 2 excused) passed SF 12 on Tuesday. The bill will now move over to the House.

SF 33: Open Containers of Alcohol
LSO Bill Info

SF 33 represents the fifth attempt in five years to strengthen Wyoming’s law regulating open containers of alcoholic beverages in motor vehicles. Current law (adopted in 2001) only prohibits the driver of a vehicle from possessing an opened container of alcohol, but does not apply to passengers in vehicles. SF 33 would extend the prohibition on open containers to any person in a motor vehicle while it is in motion.

The Senate Committee of the Whole passed SF 33 on Tuesday with no amendments, and the bill will move on to second reading on Wednesday.

SF 46: School Finance – Recapture – 2
LSO Bill Info

SF 46 would implement an amendment to the Wyoming Constitution that was approved by the voters of the state in the 2006 general election. SF 46 would statutorily require school districts that are subject to recapture to remit the excess revenues to the state for the 2006-2007 school year and every year thereafter. Contractual obligations encumbered before March 15, 2007 would be honored and deducted from 2006-2007 recaptured amounts. Recaptured revenues would flow into the public school foundation account.

The Senate passed SF 46 on second reading on Tuesday, and the bill will move on to third reading on Wednesday.

SF 51: Temporary Instream Flows
LSO Bill Info

SF 51 would permit the state buy, lease, or accept water rights for temporary instream flow purposes. Currently, temporary water use laws do not allow instream flow as a temporary use. SF 51 would allow temporary use for instream flows for up to two years, and a temporary transfer of water rights for instream flow would not be allowed if another water appropriator was harmed by it.

The Senate Agriculture, Public Lands and Water Resources Committee passed SF 51 on Tuesday, 3-1 (1 excused). Senator Stan Cooper (R-S14, Kemmerer) voted against the bill. Senators Wayne Johnson (R-S6, Cheyenne), Drew Perkins (R-S29, Casper) and Bill Vasey (D-S11, Rawlins) voted in favor of the bill. Senator Gerald Geis (R-S20, Worland) was excused from the vote.

SF 72: Indian School Education Programs
LSO Bill Info

SF 72 would require the State of Wyoming and the joint business councils of the Eastern Shoshone and Northern Arapaho Indian Tribes to provide educational programs that address conditions of unemployment, poverty and lack of adequate job skills on the Wind River Indian Reservation. The bill would provide an appropriation of just over $1 million from the general fund to the governor’s office to fund the contracted programs for the coming year.

The Senate Appropriations Committee will hear SF 72 on Wednesday morning at 8:00 a.m.

SF 100: Public School Teacher Incentive Programs
LSO Bill Info

SF 100 would provide funding for school districts for incentive payments of $2,000 to teachers who are certified and teach in more than one subject area throughout the school year, and for incentive payments of $4,000 to teachers who hold national board certification. It would cost the school foundation fund about $628,000 to fully fund these two incentive programs.

The Senate Education Committee passed SF 100 on Monday, and the bill has been placed on general file.

SF 102: Children’s Advocacy Centers
LSO Bill Info

SF 102 would allow children’s advocacy centers (which provide comprehensive services to children who are victims of sexual and physical abuse and neglect) to apply for state and federal funding from the attorney general’s office, through the crime victim’s compensation program. SF 102 would appropriate $1.5 million from the general fund to pay for the program.

The Senate Education Committee will hear SF 102 on Wednesday at 8:00 a.m.

 

To See Tomorrow's Committee Meeting Schedule,
Please Visit The Following Links:

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