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HB 185: ELK - REMOVAL FROM PRIVATE PROPERTY - 1997 General Session

Sponsors: Rep. John Eyre (R-H18, Lyman); co-sponsors Rep. Budd Betts (R-H22, Dubois), Rep. Randall Luthi (R-H21, Freedom), Sen. John Schiffer (R-S22, Kaycee)

HB 185 proposed giving ranchers the ability to call on the Wyoming Game and Fish Department to remove any antlerless elk suspected of having brucellosis from private property within a 50-mile radius of any antlerless elk feeding area.

The Game and Fish, upon notification from the rancher, would immediately "capture or cause the antlerless elk to be removed from private property."

The bill’s proponents feared that without some action regarding potential contact between wildlife and cattle, Wyoming could lose its federally-designated status as a brucellosis-free state.

The brucellosis-free status enables ranchers to ship cattle across state lines without testing for brucellosis. Proponents of HB 185 pointed out that loss of the brucellosis-free status would mean ranchers would have to assume the additional financial burden of testing for brucellosis.

Opponents of HB 185 pointed to the lack of scientific evidence demonstrating that brucellosis can actually be transmitted from wildlife to cattle.

Furthermore, several longtime ranching families from western Wyoming testified that it costs significantly less to inoculate cattle against brucellosis than to remove elk. They also noted that they have vaccinated their cattle for years and never had any problem with brucellosis.

Testimony on HB 185 indicated that approximately 40,000 elk from the Jackson, Afton, Star Valley, South Wind River, and Green River herds were potentially affected by the bill. Opponents therefore argued that the limited funding for "capture and removal" really meant killing "suspect" elk. (The annual cost to the Game and Fish Department was estimated at $175,000 to $200,000.)

HB 185 failed on third reading in the House, 29-30 (1 excused). However, the bill was resurrected the following day when Rep. Clarene Law (R-H23, Jackson) moved for reconsideration. Upon reconsideration, the bill passed 32-28.

Representatives changing their votes on reconsideration were: Bruce Burns (R-H51, Sheridan), Rick Badgett (R-H29, Sheridan) and Cale Case (R-H54, Lander), all yes to no; Charles Hessenthaler (R-H26, Byron), Wayne Johnson (R-H9, Cheyenne), Tony Ross (R-H7, Cheyenne), and Louie Tomassi (R-H20, Big Piney) all no to yes. Rep. Larry Meuli (R-H8, Cheyenne), who had been excused from the previous vote, also added a "yes" vote, providing the margin of victory.

The bill was assigned to the Senate Agriculture, Public Lands & Water Resources Committee, where it passed on a 3-2 vote. From there, it went to the Senate Appropriations Committee, which amended HB 185 to change the source of funding from the Game and Fish Department to the Livestock Board.

HB 185 subsequently died on general file in the Senate (was not brought up for debate).

The votes below are the House third reading (final passage) vote, along with the Senate Agriculture, Public Lands & Water Resources Committee and the Senate Appropriations Committee votes.

A YES vote means the legislator supported the removal of brucellosis "suspect" antler-less elk from private property.

A NO vote means the legislator opposed elk removal.

 

BIG HORN BASIN LEGISLATORS

Vote

H24

Rep. Peg Shreve (R)

No

H50

Rep. Pat Childers (R)

Yes

H25

Rep. Denny Smith (R)

Yes

H26

Rep. Chas. Hessenthaler (R)

Yes

H27

Rep. Ray Harrison (R)

Yes

H28

Rep. Mike Baker (R)

Yes

 

CASPER-AREA LEGISLATORS

Vote

H35

Rep. Dorothy Perkins (R)

No

H36

Rep. Bruce Hinchey (R)

No

H56

Rep. Pat Nagel (R)

No

H57

Rep. Bob Tanner (R)

No

H37

Rep. Rick Tempest (R)

No

H59

Rep. Nancy Berry (D)

No

H38

Rep. Carolyn Paseneaux (R)

Yes

H58

Rep. Ann Robinson (D)

No

 

CHEYENNE-AREA LEGISLATORS

Vote

H7

Rep. Tony Ross (R)

Yes

H41

Rep. Mac McGraw (D)

No

H8

Rep. Larry Meuli (R)

Yes

H42

Rep. John Hanes (R)

Yes

H9

Rep. Wayne Johnson (R)

Yes

H10

Rep. Pete Anderson (R)

Yes

H11

Rep. Wayne Reese (D)

No

H43

Rep. Kathryn Sessions (D)

No

H12

Rep. Leo Garcia (D)

No

H44

Rep. Floyd Esquibel (D)

No

 

GILLETTE-AREA LEGISLATORS

Vote

H31

Rep. John Hines (R)

Yes

H52

Rep. George McMurtrey (R)

Yes

H32

Rep. Jeff Wasserburger (R)

Yes

H53

Rep. Nick Deegan (D)

Yes

 

LANDER/RIVERTON-AREA LEGISLATORS

Vote

H33

Rep. Harry Tipton (R)

Yes

H54

Rep. Cale Case (R)

No

H34

Rep. Frank Philp (R)

Yes

H55

Rep. Eli Bebout (R)

Yes

 

NORTHEAST/EAST CENTRAL WYOMING LEGISLATORS

Vote

H1

Rep. Marlene Simons (R)

Yes

H2

Rep. Ross Diercks (D)

No

H5

Rep. Jim Hageman (R)

Yes

H6

Rep. Jim Anderson (R)

Yes

H3

Rep. Bill Stafford (R)

Yes

H4

Rep. Roger Huckfeldt (R)

Yes

 

SHERIDAN-AREA LEGISLATORS

Vote

H29

Rep. Rick Badgett (R)

No

H51

Rep. Bruce Burns (R)

No

H30

Rep. Bill Bensel (D)

No

H40

Rep. Douglas Osborn (R)

Yes

 

SOUTH CENTRAL WYOMING LEGISLATORS

Vote

H13

Rep. Mike Massie (D)

No

H45

Rep. Wende Barker (D)

No

H14

Rep. Phil Nicholas (R)

Yes

H46

Rep. Tom Rardin (R)

Yes

H15

Rep. Tony Rose (R)

Yes

H47

Rep. Teense Willford (R)

Yes

 

SOUTHWEST WYOMING LEGISLATORS

Vote

H16

Rep. Kenilynn Zanetti (D)

No

H48

Rep. Jack Steinbrech (R)

No

H17

Rep. Fred Parady (R)

No

H60

Rep. Louise Ryckman (D)

No

H18

Rep. John Eyre (R)

Yes

H39

Rep. Chris Boswell (D)

No

H19

Rep. Wayne Morrow (D)

No

H49

Rep. Ken Decaria (D)

No

 

WEST CENTRAL WYOMING LEGISLATORS

Vote

H20

Rep. Louie Tomassi (R)

Yes

H21

Rep. Randall Luthi (R)

Yes

H22

Rep. Budd Betts (R)

Yes

H23

Rep. Clarene Law (R)

No

 

SENATE AGRICULTURE, PUBLIC LANDS & WATER RESOURCES COMMITTEE

Vote

Sen. Gerald Geis, Chair (R-S20, Worland)

Yes

Sen. Bill Barton (R-S1, Upton)

Yes

Sen. Rich Cathcart (D-S6, Carpenter)

No

Sen. Keith Goodenough (D-S28, Casper)

No

Sen. Curt Meier (R-S3, LaGrange)

Yes

 

A YES vote means the senator supported brucellosis "suspect" antler-less elk from private property with funding from the Livestock Board.

A NO vote means the senator opposed elk removal with funding from the Livestock Board.

SENATE APPROPRIATIONS COMMITTEE

Vote

Sen. Tom Kinnison, Chair (R-S21, Sheridan)

Yes

Sen. Larry Gilbertz (R-S23, Gillette)

Yes

Sen. Mark Harris (D-S14, Green River)

Yes

Sen. John Schiffer (R-S22, Kaycee)

Yes

Sen. John Vinich (D-S25, Hudson)

No


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