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Wyoming Legislation

2009 General Session a busy one for Wyoming Livestock Board

Cheyenne – It was a busy session for the Wyoming Livestock Board with numerous pieces of legislation related to the agency’s funding, authority and duties.
    New funding wasn’t gained for the agency’s brucellosis program, but the agency did earn broader authority to help ranchers in areas where the wildlife carries the disease. “Because we won’t be testing cattle at every market after the new Chapter 2 Brucellosis Rules go into affect,” says agency director Jim Schwartz, “we anticipate some additional dollars to become available that could be used for adult vaccination, spaying and testing in the Designated Surveillance Area.”
    The DSA, or that area where the rules surrounding prevention of brucellosis in cattle are more strict, encompasses all of Sublette and Teton counties, the portions of Lincoln County north of the Bridger-Teton National Forest boundary, Fremont County west of the Wind River Indian Reservation and the western half of Park County with Highway 120 serving as the dividing line. According to Schwartz, funding opportunities will be limited to those producers who’ve completed a herd management plan or a producer facing quarantine following discovery of brucellosis in a cattle herd.
    “We’re estimating we’ll have in the vicinity of $400,000 that would have went to testing low risk cattle that we can put toward adult vaccination and spaying,” says Schwartz. While rules remain to be written, he doesn’t envision the agency paying to spay feeder heifers that enter the area for summer grazing. Offering one example of an application, he says a rancher who runs heifers over as feeder cattle may qualify.
     “We’ll be working on rules and will submit a first draft to the Livestock Board on April 2,” says Schwartz. “At that time they’ll set the amount of money the WLSB can obligate in concert with having a herd plan in the DSA to show public benefit.” When working with public dollars on private land, a display of public benefit is required for constitutionality reasons. Board members will also be asked to set the per head rate they’re willing to pay for spaying.
    The WLSB was also successful in adding a field veterinarian to its present veterinary staff comprised of State Veterinarian Walter Cook and Assistant State Veterinarian Jim Logan. Schwartz says after talking with Cook, it appears the vet will be located in Park County. “We’ll open it up for applications and try to get somebody on board as soon after July 1 as we can,” says Schwartz. “We’re excited to have a field vet to help us with all of these issues.”
    In lieu of a request for an information technology specialist, the agency was granted $45,000 to assess its IT needs. “We need to do a business analysis to make sure we’re heading in the right direction and staying current with the most current technology out there,” says Schwartz. In the meantime, he says he doesn’t have the resources necessary to distribute and set up the laptop computers that were purchased for the state’s brand inspectors.
    In other legislation this session, the agency saw its request to remove goats, llamas and alpacas removed from the brand inspection program denied. They did expand their authority to recoup costs when aiding with emergency events like traffic accidents.
    The 2010 Budget Session could prove equally as busy for the WLSB. Interim study work to be carried out by the Joint Agriculture, State and Public Lands and Water Resources Interim Committee includes topics of great importance to the agency.
    According to the interim study overview document released by the Wyoming Legislature in the final days of the session, “The Committee will review and consider strategies for brucellosis management, the potential for long-term vaccine studies, bio-laboratory applications and new methods of delivery of vaccines to wildlife.”
    They’ll also be looking at “the need for pet animal care and facilities and will consider the responsibility of the Wyoming Livestock Board in managing pet animals.” Current statute assigns authority over “all dumb animals” to the agency. It’s a designation that some have said needs to be narrowed.
    “I think it’s going to be a huge issue,” says Schwartz. “We’ve got to be proactive and figure out how to protect animal agriculture and our rodeo industry.” In the meantime, it’s an area of the statutes that he says warrants some attention.
    Jennifer Womack is managing editor of the Wyoming Livestock Roundup and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .
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2010 budget session will evaluate, make adjustments

Cheyenne – The upcoming state budget and funding of agencies and projects was one topic taking center stage at the mid-November meeting of the Wyoming Association of Conservation Districts and Wyoming Weed and Pest Council joint meeting in Cheyenne.
    A group of Wyoming legislative leadership was present to give their perspectives and projections for the upcoming legislative session, which will be a budget session setting the state’s spending for the next two years.
    “We do have some good reserves,” said Senate President John Hines in his comments. “But I think they’re there for when it rains a lot, not just when we have a shower. I think we don’t need to spend them all right away.”
    “We’ve been extremely fortunate to have surplus revenues from natural gas, oil and coal prices,” said Speaker of the House Colin Simpson of Wyoming’s income history. “Natural gas has been the real driver of the surpluses, and we base our budgets on projects of quantity produced and the price they may achieve over the next year or two.”
    Simpson said the state’s current budget was based on $3.75 natural gas, while in mid-November 2009 the going rate was $2.34. “The price has rarely gone over $4 in the last year, and it’s more frequently been below $3,” he added.
    Simpson said a comparison of the October 2008 and October 2009 reports reveals a $1.2 million budget reduction for the state. “We knew this was coming, and that’s why we broadened the Governor’s authority to cut budgets between sessions, and he did that over the summer. That cut about $200 million from the state budget.”
    Hines said he feels the Governor’s 10 percent cut in Summer 2009 was carried through the agencies, and that they’re carrying forward and getting work done. “Like our own businesses, when our income is down a little we make adjustments and can get by quite well,” he said.
    Wyoming’s Revenue Committee, said Hines, has a long list of proposals, among which is the suggestion to remove exemptions from sales and property taxes. “We have 40-some exemptions on sales tax, and close to that many on property taxes,” he noted, saying there are two sides to that argument.
    “We do have 10 regular committees and 10 select committees that address issues,” he said. “When we really don’t know what to do we form a committee and study it, and sometimes we come up with a good answer and sometimes we don’t.”
    “There will be substantial reductions in the next biennium,” said Simpson. “The shortfall for biennium ending in June 2010 isn’t bad, it’s the next two years in 2011 and 2012 where there’s a nearly $400 million reduction in forecasted revenue.”
    “Without energy revenues, Wyoming is a much different place,” continued Simpson. “We’ll go into this budget session with much lower dollars than before and reprioritize like we do every year based on revenues.”
    Governor Freudenthal will release his proposed budget December 1, after which the joint appropriations committee will look at it before releasing another revenue estimate in January 2010.
    Hines said he expects the number of introduced bills to be slightly fewer this year than last, but that he still expects between 200 and 300 bills to work through this session.
    “We all know economic condition of the country is different than it has been for quite a few years,” said Hines. “There’s a philosophy that when the income revenue goes down the first thing to do is raise taxes. But then the other side of the story is that most people’s income is down also.”
    “We’ll focus on where we are fiscally, where we will be in two years and four years and do our best to ensure we’ll sustain as much as we can without raising taxes,” said Simpson. “We need to realize where we’ve been in the last five years and how fortunate we’ve been and ensure we’ve got fiscal conservatism on the budget.”
    Of the upcoming 2010 legislative session, Hines said, “Anything you want to think about will come up this year.”
    Christy Hemken is managing editor of the Wyoming Livestock Roundup and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .


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Aggie Bonds before legislature this session

    One piece of legislation that will return to Cheyenne in the 2009 Legislative Session is a bill containing the beginning agricultural producer loans that would offer tax-exempt bonds to Wyoming’s lending institutions.
    Cindy Garretson-Weibel of the Wyoming Business Council’s Agribusiness Division has dusted off the legislation, known commonly as “Aggie Bonds,” from several years ago.
    The federal program that authorized the bond programs was granted in 1992 and currently 18 states have Aggie Bond programs.
    “The federal program provides the states with the ability to establish a beginning farmer/rancher bonding program that can issue bonds to private lending institutions or qualified individuals,” says Garretson-Weibel. “The tax-free bonds provide incentives to help beginning farmers and ranchers.”
    She says the Aggie Bond program is a little different than the state investment program because the state isn’t the lending institution – the banks are and the state only provides bonding authority.
    “Financing from these programs can be used to purchase land and depreciable agricultural property, as well as assets including machinery and breeding livestock,” says Garretson-Weibel, adding, “A lot of the loans are prohibitive with machinery.”
    The Aggie Bond process would begin with an application from a beginning farmer or rancher to a lending institution for loan financing. “The interest rates are negotiated between the farmer or rancher and the lending institution, so the state has no involvement in negotiating the deal,” explains Garretson-Weibel. “Typically the interest rate is reduced one to two percent because the lending institution receives the tax exemption from the bonding authority.”
    The lender would then purchase a bond for loan amount through the state program and the funds would be re-loaned to a beginning farmer or rancher for the purchase of the assets. “Neither the state nor the federal government would assume the liability for the loan. The risk is entirely with the private lender,” she says.
    The federal program does outline several specific guidelines for eligibility requirements. “This is set up to serve first-time beginning farmers and ranchers, and not necessarily only young people, but maybe somebody who’s middle-aged that wants to purchase their own place,” says Garretson-Weibel. The program sets a minimum of 18 years old, but there’s no maximum age requirement.
    Another stipulation is the individual applying for the loan cannot have had a direct or indirect ownership in substantial farmland. The definition of “substantial farmland” in the federal regulation defines the limit as a parcel of land larger than 30 percent of the median size farm or ranch in the county.
    “This measure was put in to prevent the family from using their children to refinance the farm or ranch,” says Garretson-Weibel. “There’s also a net worth requirement, which has been $300,000, but that may have gone up with the new farm bill. That’s included so some dentist from California can’t come to Wyoming as a beginning farmer or rancher and participate in this program.”
    The maximum loan amount is now $450,000, after the 2008 farm bill increased the maximum from $250,000. That also includes an annual adjustment for inflation.
    The federal rule also says a person can’t buy from a related person unless they pay fair market value. “This prevents the original owners from using this program to refinance their existing debt,” notes Garretson-Weibel.
    “This program can be used for land, agricultural improvements and depreciable property, but it can’t be used for working capital or inventory, except for livestock for breeding purposes or dairy animals, which are eligible to be purchased,” she says.
    “The advantages of this program for Wyoming’s farmers and ranchers is that it allows new farmers and ranchers to get a start in the business and it reduces interest costs to those individuals, enhances cash flow and can be combined with other loan options like the FSA down payment program,” states Garretson-Weibel.
    “The advantage to lenders is the bond is classified as a qualified small issue bond, which provides tax exemption to the lender and creates new business for the banking community,” she continues. “The thing I really like is that it doesn’t compete with private industry and lending institutions in the state. It compliments what they’re doing and becomes a public/private partnership.”
    She says the advantage to communities is that the program helps support family farming and ranching. “It’s not a financial risk to the state or a program with a big budget.”
    She says the program isn’t a guarantee and doesn’t eliminate down payment requirements. “It doesn’t substitute for sound credit, and that determination will be based on lending institutions.”
    So far 18 states have Aggie Bond programs. “When we looked at this legislation in the early 2000’s there were only 12 states,” says Garretson-Weibel. “Since that time it’s become even more popular. The draft legislation Wyoming has is patterned after Iowa, which was the original state that had programs. Many states have replicated what they’ve done.”
    “This bill creates a beginning agricultural producer finance authority, and that’s what the state is required to do to participate in the program,” she explains.
    Christy Hemken is assistant editor of the Wyoming Livestock Roundup and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .
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Ag lobbyists prepare for session

Groups united in their opposition to wolf legislation

Cheyenne – With opening ceremonies of the 2009 Wyoming Legislative Session just days away, those who lobby on behalf of the state’s agricultural industry are spending a great deal of time reading through legislation, preparing amendments and making sure they’re ready for the two months of lawmaking that lie ahead.
    Wyoming’s agriculture groups are united in their opposition to wolf legislation to come before the legislative body. “We’re not happy with the committee bill,” says Wyoming Wool Growers Association Executive Vice President Bryce Reece of the bill being carried by the Travel, Recreation and Wildlife Committee. “We think we’d be giving up ground to the federal government, again. We also don’t support abdicating any more authority to the Game and Fish Commission.”
    “We’ll oppose both of these gray wolf bills,” says Wyoming Farm Bureau Executive Vice President Ken Hamilton of the TRW bill and one sponsored by Representative Keith Gingery (R-Jackson) that would classify the entire state as a trophy game area for wolves. “We’ve seen, in our wolf symposium as well as other information, that you can’t control wolves through trophy game hunting. If you’re going to control wolves you’ve got to have other tools as well.”
    Of the TRW wolf bill, Hamilton says, “I think they’re trying to get around the judge’s concerns that Wyoming hasn’t committed to 15 breeding pairs. In my opinion that’s a back door way of expanding wolf territory in Wyoming.”
    “There are a couple of instream flow bills,” says Hamilton of legislation his group will be opposing. “It’s fascinating to me that we have an instream flow law and people are saying we have to have more. I think there’s some flexibility in our current law where if the landowner really wanted to use irrigation water for instream flow that they could do that for four out of five years and not have any jeopardy of losing their water rights. If you want to do something like that, the current law will allow it.”
    While his group opposes the legislation, Reece says, “It has gotten closer than it’s ever been to a bill that agriculture could maybe not support, but maybe not oppose. We’re going to have to look at that bill carefully.”
    Reece adds, “I think this bill offers us the opportunity to have a broader discussion on the whole issue of salvaged water.” The legislation would allow landowners who conserve water by changes in their irrigation practices to dedicate that remaining water for instream flow purposes. Reece says there should be equal opportunity to use that surplus water that is conserved to put additional acreage into production.
    WSGA has policy opposing instream flow legislation.
    Both Reece and Magagna will support legislation to address competitive bids on state leases that result in large increases in state lands lease rates. Details of this legislation, now being drafted, aren’t yet available. An article on the subject appeared in the Dec. 27, 2008 edition of the Wyoming Livestock Roundup.
    “One of the things we’ll be supporting is HB7,” says Hamilton of legislation that would allow for Wyoming Water Development Commission dollars to be spent on projects involving water discharged during the production of Coal Bed Methane. “I think that may be the most expedient way to address some of these issues. If the WWDC can step in we may see some resolution.”
    On another water related subject WyFB Director of Legislative Affairs Brett Moline says they’re in support of a bill that involves irrigation districts and subdivisions. “Essentially it forces them to take a look at how they’re going to deal with the irrigation water on the land that’s now being subdivided,” he says.
    Wyoming’s agricultural lobbyists will also be watching a multitude of property tax reduction efforts. “We’ll be looking at all of those,” says Magagna, “to make sure there aren’t any that pose a risk to agriculture’s taxation structure.”
    Independent Cattlemen of Wyoming (ICOW) President Judy McCullogh says, “We plan to be active and hope to convey the interests of our members to the state legislature. We will be watching the water bills, the Wyoming Livestock Board’s bills on the animal traceback in particular, the NAIS bill, and the anti-trust bill. We have policy to protect water rights, and property rights, and marketing Wyoming beef will need protection in anti-trust for the state.”
    McCullogh says, “We hope to help Wyoming protect its people, their property, and their livestock industry.”
    Members of both the WSGA and the WyFB will have the opportunity to participate in the session at their group’s respective legislative events. On Jan. 20 the WSGA will host a legislative update at their office beginning at 12:30 p.m. followed by an evening legislative reception.
    Feb. 9-10 WyFB members will gather in Cheyenne for their winter meeting. That event includes, among many other things, a legislative update and a visit to the Capitol during session.
    This article only touches on the beginning of ag-related legislation to come before the session. More bills have been filed and there are undoubtedly more to come. Reece estimates that with 113 House bills and 74 Senate files posted as of Jan. 7 that at least twice that many will be filed by the deadline.
    Jennifer Womack is managing editor of the Wyoming Livestock Roundup and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .

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Agriculture bills progress through committee

Cheyenne – With the 61st Budget Session of the Wyoming Legislature underway, Cheyenne has seen a number of bills introduced in both the House of Representatives and the Senate that are of interest to agriculture.
    In a budget session, bills require a two-thirds majority vote for introduction, making it more difficult to pass legislation, but Wyoming Stock Growers Association (WSGA) Executive Vice President Jim Magagna says not many bills have been rejected.
The budget
    As the primary concern for this year’s legislative session, the Joint Appropriations Committee spent much of January reviewing the budget for the year. With the January Consensus Revenue Estimating Group forecasting a reduction of $113 million over two years, Governor Matt Mead reduced his original budget by an additional $64 million.
    “I submitted and produced a balanced budget, allowing for savings and taking a strategic approach,” commented Mead in the State of the State address. “I have not recommended deep, across-the-board cuts to agencies.”
    “Natural gas prices, which have been a significant contributor, are headed down, and the prognostication is that they are likely to say down for the foreseeable future,” says Wyoming Farm Bureau (WyFB) Executive Vice President Ken Hamilton. “There may be some deeper budget cuts, and we can’t do that without getting some people upset.”
    “It’s a tight budget year,” adds Magagna.
Redistricting
    Legislative redistricting is also an area of controversy for this session.
    “I don’t think anyone is very happy about the process,” comments Hamilton. “It seems to be a situation where we only have a limited pie, and anytime we change the way it is sliced, it takes away from someone.”
    Some changes have been made in the initial meeting of the Corporations committee, including reinserting La Barge into the rest of Lincoln and Sublette counties, rather than in Star Valley, and a change in Goshen County has been made, according to Magagna.
    Several other proposals, including conflicting proposals from Uinta County, have been submitted as well.
    House Bill (HB) 32, redistricting of the legislature, was placed in the General File on Feb. 15.
Public lands access
    A bill by Sen. Charles Scott of Casper, Senate File 63 Public Lands Access, caused stir among agriculture groups.
    The bill aimed to provide access for recreational purposes or economic values by acquiring corners of private land for federal or state land access. To accomplish its goals, the bill gave the power of eminent domain to the Game and Fish Commission and the State Board of Land Commissioners.
    Magagna comments, “The concern that it is really intended to address is growing elk populations, and one of the contributing factors are ranchers who don’t allow public access for harvesting elk.”
    “The problem is a genuine problem,” continues Magagna, “but infringing on private property rights is not the solution.”
    However, the bill failed introduction in the Senate with a 13 to 17 vote.
Livestock disease reporting
    SF 20, livestock disease reporting and liability, originated with the Wyoming Wool Growers Association (WWGA) out of concern for producers who may be substantially affected by the purchase of diseased livestock.
    “Brucella ovis is a venereal disease of rams, and it is extremely economically devastating,” explains WWGA Executive Vice President Bryce Reece. “If a ram tests positive, he has to be sold for slaughter only. We’ve taken a pretty aggressive stance.”
    Reece notes that B. ovis was nearly eradicated from Wyoming until a few years ago, when it reappeared, and with the Sheep Quality Assurance board, Reece decided something had to be done to curb the problem.
    “Statutes and regulations only affect the guys who do things right,” says Reece, who adds that the bill would impose a fine on anyone who knowingly sells diseased livestock.
    The bill, which is not limited to sheep, would make producers who sell diseased livestock without disclosing their status liable for damages caused to other producers, but Reece acknowledges that the bill isn’t ready to be introduced into Wyoming statute yet, and he plans to recommend that the bill not pass out of committee.
    “We have a draft bill that all ag groups can take to our members,” says Reece, “but it’s a new concept, and I want to make sure that it does only what we want it to do.”
    “I believe whole-heartedly that it has a lot of merit,” he adds.
    Magagna says his organization is fine with what the bill intents to accomplish. However, he is also worried about the language used in the bill and says he will take a closer look.  
Ethanol tax credit
    After moving out of the Transportation, Highways and Military Affairs committee, the ethanol tax credit bill, SF 8, was passed by the committee of the whole on Feb. 15 after discussion.
    “This bill eliminates the state subsidy,” explained Sen. John Schiffer of Kaycee in the Feb. 15 session. “This industry is a mature industry.”
    Schiffer also explained that, while at least 25 percent of corn utilized in the ethanol plant receiving the subsidy dollars must come from Wyoming, he wasn’t sure that the purpose of the subsidy should be to provide support for Nebraska corn growers, who are providing the remaining corn. Schiffer was also concerned with the seemingly non-existent sunset clause that was nullified with the plant’s expansion.
    Conversely, Sen. Marty Martin of Superior asserted that a sunset clause was in place, and it is the Legislature’s duty to essentially keep its word and extend the subsidy to the sunset date, rather than “pulling the rug out from underneath the company.”
    Hamilton expressed similar concerns, saying, “The state government said this was a deal they wanted to make, and they are trying to renege.”
SF 41: Wolf management
    “There has been a lot of attention to the wolf bill,” says Magagna of other prominent bills thus far.
    With the legislation the subject of an informational session on Feb. 14, and up for discussion in the Senate Travel, Recreation, Wildlife and Cultural Resources committee meeting on Feb. 16, the bill is one of interest to many groups.
    “I think with the passage of this bill, we would be well positioned for whatever comes,” comments Reece.  
    Mead also encouraged support of the bill in his State of the State address.
    To keep up on the progress of these bills and others, visit legisweb.state.wy.us, 2012 Bill Tracking Information. Saige Albert is editor of the Wyoming Livestock Roundup and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Get involved in Wyo. Legislature
    The Wyoming Legislative Service Office (LSO) has continued to offer a variety of services to Wyoming citizens to be continually involved in the legislative session from their website legisweb.state.wy.us.  
    An Online Hotline allows members of the public to recommend support or opposition of a bill, along with short comments, to members of the legislature. The information will them be available to all members of the Legislature.
    Also available is a live audio broadcast of each session in both the House and the Senate. Citizens will also be able to email, call or fax their legislator directly at the Capitol using information from the LSO website.
    Visit legisweb.state.wy.us to access bill tracking information, audio broadcasts, session activities, legislator information and the online hotline.

Ag bills make progress in legislature
    In the first week of the 2012 Budget Session, members of the Wyoming Legislature heard the introduction of a number of bills of interest to Wyoming’s agriculture community. Feb. 17 was the last day for introduction of bills for consideration this year.
    The following bills have been introduced and will be heard in committee:
Appropriations
HB0041 – Omnibus water bill – planning (re-referred from Agriculture committee)
Agriculture, Public Lands and Water Resources
HB0006 – Change of use for irrigation districts
HB0007 – Voluntary livestock identification program
HB0018 – Notification of public land tenants-water rights changes
HB0037 – Irrigation districts – power projects
SF0018 – Reimbursement for livestock
SF0020 – Livestock disease reporting and liability
SF0047 – Omnibus water bill – construction
SF0049 – Terms for youth board of agriculture members
SF0055 – Purchase of federal lands
SF0065 – Applied agricultural research funding program
SF0076 – Water – beneficial use
Travel, Recreation, Wildlife and Cultural Resources
SF0041 – Wolf management
SF0042 – Large project funding
SF0043 – State parks – acquisition of lands
SJ0001 – Wildlife – property of the state
    The following bills and resolutions failed introduction:
HJ0002 – Constitutional assignment of general fines and penalties
SF0053 – Public land access
    These bills have passed the Committee of the Whole in either the Senate or the House. The date passed is indicated in parentheses.
HB0010 – Game and Fish – additional elk licenses (2/16)
HB0012 – Marketable title act – conservation easements (2/16)
HB0013 – Wind estate disclosure (2/16)
HB0025 – Private transfer fee obligations  (2/16, with amendments)
HB0032 – Redistricting of the legislature (2/16, Second reading, with amendments)
SF0008 – Ethanol tax credit (2/15)
SF0017 – Game and Fish – authority revision (2/16)
SF0019 – Predator management districts – management (2/16, with amendments)











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