WRA Final Legislative Update March 5, 2009
The 2009 Wyoming legislative session has ended.
Priority Legislation:
• Your association declares victory on Archaic Price Regulation Repeal after a hard fought battle - Prohibited below-cost sale of goods with the intent to limit or eliminate competition. You received alerts on this bill asking you to contact legislators to kill the version of the bill that came out of the Senate. The Senate version too strictly restricted normal business practices such as two for one sales, below cost specials and customer loyalty programs. On the House side, your work paid off and several legislators spent considerable time amending the bill into a workable version. Your association then supported Senate File 112. The Senate, however, did not concur with the house amendments and a conference committee was appointed between the House and the Senate. After more work visiting with legislators on the conference committee, the committee stayed with the amended House version. The Senate then concurred and the bill is now on its way to the Governor for signature. SF 112 was certainly high drama at every turn but in the end, a win for WRA.
• Workers Compensation Amendments - Your association successfully prevented required coverage for retail by the state of Wyoming workers compensation program. As the bill progressed through 2 committee meetings last summer and fall, your association fought any proposals that would drastically raise costs and brought up concerns about the financial health of the $1 billion reserve fund. The Workers Compensation Division announced the reserve fund value has decreased $100 million as a result of investment losses. The bill now has additional benefits for injured workers totaling $12 million a year. It was argued that since employers had a 15% base rate decrease in 2008 (worth $40 million), employees deserved a benefits increase to meet cost of living since adjustments had not been made in over 10 years. An annual cost of living adjustment is included in the bill for disability although it is capped at 3% or the annual cost of living, whichever is lower. (the same as social security). Senate File 18, Mental Injury, which would have allowed compensation for first responders for mental illness unrelated to physical illness was passed by the Senate but not heard in the House Health and Labor Committee and is therefore dead for this session. This bill had unknown cost implications so the association opposed it. ?
• Excise Tax-Vendor's Compensation – A vendors allowance for businesses that collect sales tax. The bill passed the House at 1% with a $1,000 cap. The debate centered primarily around the fiscal situation of the state and the $6 million price tag, split between the state and local governments. An amendment passed to have the state fund the entire allowance. The vendors allowance passed the revenue committee but when it hit the Senate Floor, concern for the state budget overtook the benefits of the bill and it failed on 1st reading in the Senate.
• Prescription Drug Database – Requires the State Board of Pharmacy to create a pilot project for the real-time access to data for physicians in regard to the controlled substance prescription tracking program. The bill was sponsored by the Speaker of the House who reported there had been 10 deaths in northeastern Wyoming from overuse of drugs. The purpose of the data base is to be able to pinpoint possible abuse of prescription drugs. At first the bill required real time reporting for pharmacies but after discussions with the bill sponsor about the impossibility of real time reporting at this time, he agreed to amend it to require weekly reporting by pharmacies. The Board of Pharmacy will issue rules in June to require weekly reporting but your association was able to prevent the real-time reporting which would have been costly if not impossible.
• Immigration Reform - Legislation filed before the session could have turned this debate into an ugly, name-calling debate over who is responsible for illegal immigration with fingers pointed right at employers. It was called the worst immigration legislation in the country. The Wyoming Lodging and Restaurant Association and the Wyoming Travel Industry Coalition led an effort to form a working group of employer organizations. The group met with the bill sponsor of the legislation but at the same time sought an alternative solution. The alternative came from a suggestion from Speaker of the House Colin Simpson to offer a Joint Resolution to Congress from the Legislature. Lynn Birleffi and Jim Magagna, Wyoming Stockgrowers Association, with the help of IMMIGRATIONWORKS (a national employers group) drafted a resolution and it passed the House and a Senate Committee until it ran out of time for final passage on the Senate Floor. Defeated the issue.
Other issues:
• Budget Boosts Wyoming Travel and Tourism!
The legislature graciously provided Travel and Tourism with over $2 million in this off-budget year, an amount greater than most state agencies received. $955,000 of that goes into an advertising campaign that will penetrate the existing markets more deeply than in the past, says T&T Director Diane Shober. The rest of the money goes into continuing planning and site design for a new travel center/tourism offices on I-25 South of Cheyenne. Thanks to all who called, talked in person or emailed their local legislators—without them we never would have accomplished this!
House Bills:
• HB 16 Cottage Food Industry - Exempts licensing for non-hazardous home food preparation to be used in catering, farmer's markets, etc. (Monitor) Signed into law by Governor.
• HB 97 Weights and Measures - Provides for laboratory accreditation or recognition of physical standards; providing for modifications to comply with federal standard requirements; establishing labeling requirements; providing for field standards; providing for training; providing for fees; modifying requirements on delivery tickets for bulk sales repealing certain provisions for fees. (Monitor) Passed House, passed Senate, in conference committee.
• HB 138 Property Tax Refund Program – Provides for property tax refunds for low-income Wyoming residents. (Monitor) Signed into law by Governor.
• HB 164 Prescription Drug Fraud-Felony – Establishes penalties for altering prescription drug orders. (Monitor) On Governor’s desk for signature.
• HB 191 Motor Carrier Transportation Contracts - Relates to motor carrier transportation contracts; declaring specified indemnification provisions unenforceable against negligent or intentional acts. (monitor) On Governor’s desk for signature.
Senate Files:
• SF 53 Property tax-deferral program - Allows “limited income” (250% of the federal poverty level) persons and others to apply for a deferral of their property taxes. (Monitor) Passed Senate, passed House and is now in a Senate/House conference committee.
• SF 57 Rental Vehicles – Sets up licensing requirements for vehicle rental agencies. (Monitor) Signed into law by Governor.
• SF 106 Medication Disposal Program – Creates a drug donation and redispensing program under the Department of Health and funds the program. (Monitor) Passed Senate Labor Committee and Appropriations Committee, passed Senate, passed House and now in conference committee.
• SF 144 Property Tax – Assessment Rules – Would require County Assessors to use standardized rules in applying property taxes using procedures reported to the State Board of Equalization. (monitor) Signed into law by Governor.
BILLS WHICH HAVE FAILED AND WILL NOT BE RECONSIDERED THIS SESSION:
• HB 31 Smoking In Enclosed Public Places - A statewide smoking ban. Due to the diversity of our membership, we are neutral on this issue. (Monitor) Passed House 31-29 but died in Senate without being heard.
• HB 47 Commercial Signage - Expands the current highway signage program to include “specific purpose” signage along highways to advertise businesses. Also allows the transportation department to bid out logo signs for higher prices. (Monitor) Passed House Transportation Committee, passed House 59-1, passed Senate Transportation Committee and Senate Appropriations Committee. Failed 3rd reading Senate.
• HB 68 Property tax—Homestead Exemption - Supported by the Governor, this bill would give property tax relief to homeowners statewide, which would cost approximately $40 million. (Monitor) Passed House, died on General File in Senate.
• HB 112 Workforce Housing - $40m to allow for rental housing, create loan-to-grant convertible program. (Support) Passed House Minerals Committee with $10 million appropriation, stripped of all money by House Appropriations. Passed House with no money attached, passed Senate Minerals Committee, still with no money attached. Failed on 3rd reading in Senate.
• HB 234 Property Tax – Assessed Value – Property tax exemption on the assessed value of all other property which exceeds the average assessed value for the current year and the 2 calendar years immediately preceding. $23 million a year impact as amended. (monitor) Died in Senate Revenue Committee.
• HJR 16 Immigration Reform – A joint resolution calling on congress to enact sensible immigration reform (an alternative bill to HB 103, which is now dead) (support) Passed House Agriculture Committee, passed House, died on Senate General File.
• HB 84 Economic development-property tax exemption (Industrial Park Incentive Program)
• HB 170 Wyoming Lottery for Education
• HB 232 Fair Employment – revisions
• HB 238 Tax Refund to the elderly and disabled
• HB 254 Curriculum choice
• HB 277 Homestead Exemption-County Option
• HB 53 Unfair employment Practices
• HB 64 Co-Employee Immunity
• HB 87 Property tax-assessment rate 2
• HB 89 Sales Tax Holiday
• HB 103 Illegal Immigration
• HB 109 Wyoming Community Facilities Program
• HB 175 Property tax-assessment rate-3
• HB 181 Unfair Employment Practices
• HB 189 Property tax-assessed valuation
• HB 202 Homestead Exemption – 3
• HB 214 Property Tax Assessment Rate
• HB 224 Cigarette Tax
• HB 273 Duty Owed to Employees of Independent Contractors
• HB 305 Reduced cigarette Ignition
• HB 311 County Smoking Regulation
• HJR 06 Non economic damages-constitutional amendment
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• SF 63 Text Messages while driving prohibited – (monitor) Passed Senate, died in House Judiciary Committee.
• SF 99 Career and Technical Training Grants - Fund would provide Hathaway-like scholarships for students entering technical training in community colleges or private technical schools. (Support) Passed Senate Minerals Committee with $1 million general fund appropriation and $1 million from the Hathaway Scholarship Program funds within the Department of Education. Senate Appropriations Committee cut funding to $1 million general fund and tightened requirements, passed Senate, died on General File in House.
• SF 15 Cultural Heritage and Tourism Areas
• SF 27 Outdoor Lighting
• SF 30 Bar and Grill liquor licenses
• SF 55 Property tax-assessment rate
• SF 64 Use of mobile communications while driving
• SF 65 Cellular phone use while driving prohibited
• SF 81 Homestead Exemption-2
• SJR 03 Freedom of choice in health care
• SJR 06 Residential Property – Uniform Appraisal
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