64th Wyoming Legislative Session At the Capitol WAM Weekly Update Week of January 16-20, 2017

WAM Members,

The second week of the 2017 Session was very active with multiple bills from transportation, employment, liquor laws and other municipal concerns. Notably though, were the discussions in the Joint Revenue Committee (JAC) regarding budget cuts. The JAC did not fund many of the Governor's letter initiatives, including the $5M for the MRG fund for Local Government emergency grants.

Also, of big concern were cuts into the Wyoming Water Development Commission Fund I which supplies grant funding for many water projects. Many members of the JAC noted they had been contacted by WAM members with concerns of the funding cuts, which they did appreciate. Thank you for taking the time to let them know what projects are needed and how you use these funds. It is very important that you communicate with your legislators and they are listening!

We will be working on gaining sponsors for budget amendments. The supplemental budget is expected to hit the House and Senate floor January 30th. If anyone is able to join, a larger presence will be valuable.

Below are the bills that relate to municipal government and that were addressed during this past week. Next week we expect to see bills which are related to increasing tax on wind energy (HB0127), concealed gun control in government meetings (HB0137), and discrimination bills (HB0135, SJ0004).

For more bill detail, please select the bill link. You can add your comments or questions by selecting the 'Post Your Comment' and completing the form. These comments are NOT public but only visible by the staff. To follow along for daily legislative updates please go to WAM's website wyomuni.org. You can also provide comments or seek help on the website by contacting Laurie Heath (WAM's Legislative Manager; [email protected] or 307-632-0398) or Rick Kaysen (Interim Executive Director; [email protected]).

1. Week of Jan 16-20

HB 0003 Minerals, Business and Economic Development Landfill cease and transfer funding priority list 1/18/2017 - House - 3rd Reading:Passed 58-0-2-0-0 Comments:

This bill authorizes the expenditure of previously appropriated funds to pay for a select list of prioritized municipal solid waste facilities cease and transfer projects. The bill grants the WDEQ limited discretionary authority to modify the list.

HB 0012 Revenue Tax exemption repeals. 1/10/2017 - House - Introduced and Referred to H03 - Revenue Comments:

This bill removes the tax exemption currently on equipment related to lodging tax to outfitters, excise tax from transmitting radio waves, aircraft leases/repair, and coal gasification. WAM supports tax exemptions related to economic development.

WAM Action Taken: 1/16/17 Laurie Heath attended the subcommittee, bill failed in whole HB 0019 Revenue Sales from remote sellers. 1/17/2017 - House - 3rd Reading:Passed 45-14-1-0-0 Comments:

This bill supports the collection of internet sales and use tax and is part of WAM's 2017 legislative agenda.

WAM Action Taken: 1/13/17 Shelley Simonton testified in support

HB 0020 Honor and remember flag. 1/17/2017 - House - 3rd Reading:Passed 46-13-1-0-0 Comments: This bill clarifies local government's protocol when displaying the honor and remember flag.

HB 0028 Corporations, Elections and Political Subdivisions Approved depositories for public funds. 1/20/2017 - House - Placed on General File Comments:

This bill supports that state and national banks are able to accept state and other public deposits.

HB 0029 Corporations, Elections and Political Subdivisions Deposits by political subdivisions. 1/11/2017 - House - Introduced and Referred to H07 - Corporations Comments:

This bill supports more alternatives for depositories, particularly for rural areas. It allows communities like Shoshone and Wright who do not have state banks to deposit in a state approved credit union.

WAM Action Taken: 1/20/17 Laurie Heath testified in support and presented a letter from Mayor Peters (Shoshone).

HB 0032 Travel, Recreation, Wildlife and Cultural Resources Ski Safety Act. 1/18/2017 - House - Placed on General File Comments:

This bill, noted on the 2017 Legislative Agenda, supports the request from Casper and Jackson for a Wyoming ski area safety act. Comments regarding language that should be lobbied are requested to be submitted by WAM members.

WAM Action Taken: 1/18/17 Laurie Heath testified in support. After much debate from support and opposition, the bill moved with an amendment to remove Section 7 and add general language referring to current laws on liability. This seemed supportive by the ski areas but anticipate further discussion as goes to floor. 1/20/17 Passed General File by 1 vote

HB 0052 Transportation, Highways and Military Affairs Governmental immunity-cooperative public transportation. 1/11/2017 - House - Introduced and Referred to H08 - Transportation Comments:

This bill resolves a resolution presented at the 2016 WAM annual convention and was an issue noted in the 2017 Legislative Agenda. WAM will submit the bill to Cheyenne, Jackson and other applicable WAM members that may participate in cross-state transportation agreements to request comments to determine if this meets the needs to reduce liabilities and increase intra-state agreements.

HB 0055 Spending policy amendments-2. 1/10/2017 - House - Introduced and Referred to H02 - Appropriations Comments:

This bill (sponsored by Capital Finance and Investment) identifies changes to revenue streams/percentages over the next five years. WAM will monitor as a priority bill to ensure no changes or amendments are introduced that would impact local government's current allocations.

HB 0065 Transportation, Highways and Military Affairs Public safety communications reorganization. 1/20/2017 - House - Placed on General File Comments: This bill alters the make up of the public safety commission to include WAM or other LG organizations as members of the commission.

HB 0071 Eric Barlow Unemployment insurance-electronic communications. 1/17/2017 - House - 3rd Reading:Passed 58-1-1-0-0 Comments: This bill provides for electronic communications to and from the state for unemployment issues. Streamlining unemployment laws is on WAM's 2017 legislative agenda. HB 0073 Cheri Steinmetz Interference with a person providing emergency services. 1/19/2017 - House - Placed on General File Comments: Bill establishes that a person who impedes an emergency service could be convicted of a misdemeanor and fined.

HB 0080 Transportation network companies. 1/19/2017 - House - COW:Passed Comments:

This model bill establishes statewide rules for transportation services like UBER and LYFT. WAM met with UBER representatives to discuss concerns and to promote local revenue generation options.

WAM Action: 1/17/17--Rick Kaysen testified, bill passed Committee as amended. WAM was ensured per current statute that state sales tax at 4% would be collected as it is with taxi and limousine services.

HB 0082 Revenue Local optional sales and use taxes. 1/16/2017 - House - 3rd Reading:Passed 54-5-1-0-0 Comments: This bill provides that the local option taxes may be imposed through separate propositions up to the specified limitations. It provides the local government the authority to impose flexibility on the increments and use of the general and special purpose (5th and 6th penny). WAM action: 1/11/17 Rick Kaysen testified in support

HB 0084 Eric Barlow Worker's compensation-delinquent employers. 1/12/2017 - House - Introduced and Referred to H10 - Labor Comments:

This bill provides for recovery of delinquent workers compensation payments from employers through installment plans and modified interest if needed. There is an allowance of one year to recover payments from the employer. Streamlining employment bills is a priority on WAM's 2017 Legislative Agenda.

HB 0085 Eric Barlow Unemployment compensation-delinquent employers. 1/12/2017 - House - Introduced and Referred to H10 - Labor Comments:

This bill provides for recovery of delinquent and unpaid employment wage contributions from employers through installment plans and modified interest if needed. There is an allowance of one year to recover payments from the employer.

HB 0086 Select Water Omnibus water bill-construction. 1/19/2017 - :Rerefer to H02 - Appropriations Comments:

This bill identifies State funding for water projects with some being municipal projects. WAM members with water projects in this bill are Cody, Cowley, Gillette, Glenrock, Opal, Thayne, Wheatland, Casper, Deaver, Thermopolis, Riverton, Green River/Rock Springs, Laramie, and multiple irrigation districts.

HB 0092 Payment of wages upon termination-time limits. 1/20/2017 - House - 2nd Reading:Passed Comments: Bill adds language for compliance in employment contracts; permitting the time period for payment of wages upon termination of employment to be specified in a collective bargaining agreement.

HB 0096 Microbrewery permits. 1/20/2017 - House - 2nd Reading:Passed Comments: This bill increases flexibility for a micro brewery's business operations in Wyoming. WAM supports since promotes economic development of Wyoming based breweries.

HB 0102 William Henderson Lodging tax rate. 1/16/2017 - House - Introduced and Referred to H03 - Revenue Comments:

This bill increases the lodging taxation rate allowable from 4% to 6% along with other provisions that would provide potential local government funding.

WAM Action Taken: 1/18/17 Laurie Heath testified that WAM was monitoring the bill. As the bill was reviewed and compared, there was opposition from retailing and tourism industry. This lodging tax bill failed but it was added to the Corporation list for an interim committee topic. HB 0104 Timothy Hallinan Severance tax on coal. 1/16/2017 - House - Introduced and Referred to H03 - Revenue Comments:

This bill redirects severance taxes from PWMTF to General Fund and reduces severance tax on surface coal from 7% to 6%. WAM will watch to see if sets precedence with PWMTF allocations.

This bill is not brought forth by the WY Mining Assoc nor the mining industry. They are not speaking against a tax reduction, but neither is addressing. WAM will remain neutral as well and monitor.

HB 0112 Labor, Health and Social Services EMS licensure-interstate compact. 1/17/2017 - Rerefer to H02 - Appropriations Comments: This bill recognizes EMS Licensure from other states.

HB 0131 Patrick Sweeney Disposition of lottery proceeds. 1/19/2017 - House - COW:Passed Comments:

This bill removes the sunset and amount limitations on Wyoming lottery proceeds to local government. It also provides for a once per year distribution of revenues.

WAM Action Taken: 1/18/17 Laurie Heath testified in support and alignment with WCCA, bill was moved to floor with an amendment that changed distribution formulas from sales tax base to point of sale of the lottery tickets. The intent is to increase engagement in the county or municipalities if revenue was directed back to them.

HB 0134 Scott Clem Taxable value of industrial property. 1/16/2017 - House - Introduced and Referred to H03 - Revenue Comments: This bill provides for a stepped increase of the property tax on new industrial property for the purpose of economic development incentives. The property tax for the first three years of use would be 5.75%, the fourth year of use would be 9.5%, and five years plus would be the current property tax rate of 11.5%.

HB 0149 Timothy Hallinan Lodging tax distribution. 1/17/2017 - House - Introduced and Referred to H03 - Revenue Comments:

This bill allows up to 50% of the 4% lodging tax receipts that are voted by local election. The funds could be split between tourism and the other for other local government general fund activities.

1/20/17 This bill failed in committee

SF 0011 Revenue License revocation process. 1/20/2017 - House - Received for Introduction Comments:

This bill adds steps to the process of revoking a sales tax or liquor license by requiring approval by the Board of Equalization. WAM will work to maintain local government authority.

SF 0013 Corporations, Elections and Political Subdivisions Manufactured alcoholic beverages. 1/16/2017 - House - Received for Introduction Comments:

This bill specifies liquor license criteria for manufacturing, sample amount for dispensing, and manufacturing site compliance.

WAM Action Taken: 1/12/17 Rick Kaysen testified in support, bill passed

SF 0014 Corporations, Elections and Political Subdivisions Inoperative liquor licenses. 1/20/2017 - Senate - 3rd Reading:Passed 27-1-1-0-1 Comments:

This bill will apply stricter compliance to liquor license holders that are inoperative or 'parked'. The license holder will need to have an operational business within one year of issuance, with a grace period of a second year if local authority approves. The bill does not return the license to the licensing authority but can be sold and transferred on the open market. WAM generally supports the revisions to free up licenses for economic development. SF 0015 Corporations, Elections and Political Subdivisions Special district budget requirements. 1/10/2017 - Senate - Introduced and Referred to S07 - Corporations Comments: This bill defines a transparent budget process for special districts. If approved, it may effect local governments that have relationships with special districts.

SF 0019 Fred Emerich Snow plow lights. 1/19/2017 - Senate - COW:Passed Comments:

This bill identifies emergency light rules for municipal and county snow plows in order to keep within WDOT requirements. The lights are to be installed on the back of the snow plow with preferred color of blue.

WAM Action Taken: 1/19/17 Laurie Heath attended the committee meeting supporting the county and city public works departments.

SF 0027 Travel, Recreation, Wildlife and Cultural Resources State archives-amendments. 1/16/2017 - House - Received for Introduction Comments:

This bill modernizes the state archives system to include digital images. WAM will monitor this bill and work with the State archives staff to understand if this imposes an undue burden on digitizing records from municipalities to the state archives. Also WAM and WAMCAT members are evaluating the bill to determine if a certain type of software will be required and which impose additional costs.

SF 0032 Judiciary Peace officer recordings. 1/19/2017 - Senate - 3rd Reading:Passed 25-5-0-0-0 Comments:

This bill adds language exempting video/audio from release to the press or public unless directed by the courts. WAM supports the position of the Sheriff and Chiefs Association. This issue is on the 2017 WAM's Legislative agenda.

WAM Action Taken: 1/13/17 Rick Kaysen testified in support including two amendments; bill laid back until 1/16/17.

WAM Action Taken: 1/16/17 Rick Kaysen attended the subcommittee, bill passed as amended, on to House, amendment allows for more permissive language (may vs shall), WAM, Sheriff-Police Assocaition, WPA, ACLU all supported the amendment.

SF 0043 Corporations, Elections and Political Subdivisions Alcoholic beverages revisions. 1/17/2017 - Senate - 3rd Reading:Passed 26-0-2-0-2 Comments:

This bill updates antiquated liquor statutes in various situations. WAM met with the Wyoming Liquor Division in the interim session providing comment and support of this bill. It is noted on the 2017 WAM Legislative agenda.

WAM Action Taken: 1/12/17 Rick Kaysen testified in support, bill passed committee

SF 0045 Corporations, Elections and Political Subdivisions Liquor dispensing rooms. 1/19/2017 - Senate - 2nd Reading:Passed Comments:

This bill supports relaxing a number of liquor rules pertaining to the definition of dispensing rooms. WAM generally supports this bill since it helps bring the liquor laws to current times for certain license holders and opens flexibility for club venues. Although one amendment was approved to allow some variance for the restaurant dispensing "room" dimensions, the requirements to have a dispensing room were not removed .

WAM Action Taken: 1/12/17 WAM attended Corporations committee when bill was reviewed but it was laid back until 1/17/17. On 1/17/17, Laurie Heath testified in general support, stating WAM will seek continued collaboration with the liquor division and liquor association to update liquor laws with the goal to increase availability of licenses for economic development opportunities.

SF 0054 Transportation, Highways and Military Affairs Military spouse-hiring preference. 1/19/2017 - Senate - 2nd Reading:Passed Comments: This bill increases hiring preferences for military spouses, which could influence personnel decisions of WAM members.

SF 0056 Select Water Omnibus water bill-planning. 1/18/2017 - :Rerefer to S02 - Appropriations Comments: This bill provides the state funding allocations for various water development projects including many county or municipal projects. WAM considers this a priority bill to monitor not only to ensure the funding of important local water projects but also the outcome of the future un-obligated funding.

SF 0092 Stephan Pappas Local governments-plan review authority. 1/20/2017 - Senate - 2nd Reading:Passed Comments:

This bill allows for dissolving control from the State Fire Marshall to local governments following a state approved process while still providing assistance upon request.

WAM Action Taken: 1/18/17 Laurie Heath testified in support

SF 0101 Larry Hicks Unemployment compensation exemption-seasonal employment. 1/19/2017 - Senate - Introduced and Referred to S10 - Labor Comments:

This bill creates an exemption process for seasonal employees from the unemployment insurance system.

WAM Action Taken: 1/20/17 Laurie Heath testified in support. The committee laid back until 1/27/17 giving the Dept of Workforce Services time to determine if the bill conforms to federal law. The response was favorable and WAM will aim to testify again next week.

Disclaimer: The bill comments and positions are based on feedback from WAM members and may not be final or comprehensive. The legislative database is a communication tool that is subject to change based on the legislative decision making process.