HB0060 • 2024

Excess wildlife population damage amendments.

AN ACT relating to game and fish; authorizing the game and fish department to compensate landowners, lessees and agents for extraordinary damage to rangeland as specified; providing a definition; requiring rulemaking; requiring Wyoming game and fish to develop an elk management plan as specified; requiring a report; providing a sunset date; and providing for effective dates.

Agriculture Budget Land

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Agriculture
Last action: 2024-03-05
Official status: inactive
Effective date: 3/1/2024

Plain English Breakdown

The bill did not pass in its current session, so the exact rules and requirements are uncertain until it is reintroduced or passed in a future session.

Amendments to Wildlife Damage Compensation

This act allows the game and fish department to compensate landowners for damage caused by wildlife on their rangeland, requires reporting on elk management plans, and sets rules for compensation claims.

What This Bill Does

Allows the Wyoming Game and Fish Department to pay landowners who suffer unusual harm from big game animals like elk on their property.
Requires the department to make rules about how much money should be paid out for damage to rangeland.
Needs the department to report yearly on plans to manage elk herds that cause problems.

Who It Names or Affects

Landowners, lessees, and agents whose property is damaged by wildlife.
The Wyoming Game and Fish Department.

Terms To Know

Extraordinary damage to rangeland: Loss of forage normally available for livestock that is lost to any big game species on private land.
Elk herd management plan: A strategy by the Game and Fish Department to control elk populations and reduce damage to rangeland.

Limits and Unknowns

The bill did not pass in its current session.
Compensation for damages is only available until July 1, 2030.
Landowners must allow hunting on their property during authorized seasons to be eligible for compensation.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0060H2001

2nd reading • Representative Davis

Adopted

Plain English: The amendment adds a definition to specify that rangeland includes certain areas designated as areas of concern by the Wyoming Game and Fish Department.

Adds language after 'species' on page 3, line 15 to include a new definition for rangeland.

The amendment does not provide details about how or when these areas of concern are designated by the department.

HB0060H2002

2nd reading • Representative Sommers

Failed

Plain English: The amendment removes requirements for reporting and certain sections of the bill related to elk management, changing how some parts are numbered.

Removes the requirement for a report on damage compensation from landowners.
Deletes specific lines in the bill that deal with developing an elk management plan.
Changes section numbers where references were made to deleted sections.

The amendment text does not explain what content was removed, only which parts of the bill are affected.

HB0060H2003

2nd reading • Representative Western

Failed

Plain English: The amendment changes the bill to prevent landowners from claiming hunting kills for financial compensation if they have any business ties with the hunters.

Adds a new rule that stops landowners who are connected to hunters through business relationships from getting paid for damage caused by animals hunted on their property.

The amendment text does not specify what constitutes a 'pecuniary relationship' or how it will be enforced, which could lead to unclear implementation.

HB0060H2004

2nd reading • Representative Sommers

Withdrawn

Plain English: The amendment removes certain provisions related to landowner compensation for wildlife damage, modifies language about presumptions of damage occurrence, and adjusts requirements for claiming damages.

Removes specific wording that was previously added by the House standing committee regarding when claims can be made.
Eliminates two lines detailing conditions under which a claim can be filed.
Modifies the text to remove 'claimed or' before mentioning damage occurrence, changing how damages are presumed.
Alters language about presumptions of damage to specify that it shall be presumed if certain population thresholds are exceeded.

The amendment's removal and modification of specific lines may affect the overall clarity and applicability of the bill's provisions regarding compensation for wildlife damage, but without additional context, the full impact is unclear.

HB0060H2005

2nd reading • Representative Sommers

Withdrawn

Plain English: The amendment modifies language in HB0060 to clarify that hunting must be reasonable and as determined by commission rules, and specifies that compensation is only for damage related to the specific wildlife species claimed.

Adds 'reasonable' after 'permitted' to ensure hunting activities are within acceptable limits.
Inserts ', as determined by commission rule and regulation,' after 'hunting' to provide clarity on what constitutes reasonable hunting.
Includes 'for the species for which the claim has been made' after 'property' to specify that compensation is only applicable to damage caused by the specific wildlife species.

The amendment does not explain how 'reasonable' will be defined or what criteria the commission will use in its rulemaking process.

HB0060H2006

2nd reading • Representative Sherwood

Failed

Plain English: The amendment adds a requirement that landowners, lessees, or agents must be enrolled in the department's Access Yes program to receive compensation for extraordinary damage caused by trophy game animals.

Adds a new clause (iv) requiring landowners, lessees, and agents to participate in the Access Yes program to qualify for compensation.

The amendment does not specify what the Access Yes program entails or how it operates.

HB0060H3001

3rd reading • Representative Crago

Adopted

Plain English: This amendment removes certain phrases and words from the bill text to clarify compensation rules for landowners affected by wildlife damage.

Removed 'of state or private' and 'land' to narrow the scope of land types covered.
Added 'reasonable' after 'permitted' to specify that actions must be reasonable.
Inserted 'on private land' after 'species' to clarify where species are considered.
Deleted several lines to remove specific presumptions, references, and requirements.

The amendment text is technical and may require further context to understand all implications fully.

HB0060H3002

3rd reading • Representative Zwonitzer, Dn

Withdrawn

Plain English: The amendment changes the bill to require multiple reports on elk damage compensation and adds a specific appropriation of $1.7 million for this purpose.

Changes 'a report' to 'reports' in the original bill text.
Adds a new requirement for the Wyoming Game and Fish Department to provide a detailed report by October 15, 2026, on compensation given to landowners for damage to rangeland.
Inserts an appropriation of $1.7 million from the general fund to be used specifically for compensating landowners, lessees, and agents for extraordinary damages to rangeland.

The amendment text does not specify how the reports will differ or what specific information they must contain.
It is unclear if there are any other changes beyond those explicitly mentioned in the amendment text.

HB0060HW001

Committee of the Whole • Representative Walters

Corrected, Failed

Plain English: The amendment adds a requirement that landowners, lessees, and agents must allow unrestricted hunting on their property to be eligible for compensation for damage caused by wildlife.

Adds a new clause (iv) requiring those claiming damages from wildlife to permit unrestricted hunting on their property for the species causing the damage.

The amendment does not specify what 'unrestricted hunting' means in detail, which could lead to ambiguity about how this requirement will be implemented.

HB0060HW002

Committee of the Whole • Representative Oakley

Adopted

Plain English: The amendment changes the compensation rate for landowners, lessees, and agents from one hundred fifty percent to one hundred percent of the damage caused by wildlife.

Reduces the compensation rate for extraordinary damage to rangeland from 150% to 100%.

HB0060HS001

Standing Committee • House Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment changes the wording in the bill from 'consumption' to 'loss' and from 'consumed by' to 'lost to', making it clearer that the focus is on damage or loss rather than just consumption.

Changes 'consumption' to 'loss' at two places in the text.
Replaces 'consumed by' with 'lost to'.

The amendment does not provide additional context about what specific types of loss it refers to, beyond changing terminology.

HB0060SS001

Standing Committee • Senate Travel, Recreation, Wildlife and Cultural R

Corrected

Plain English: The amendment adds a provision for a $5 million appropriation from the general fund to the game and fish department to compensate landowners, lessees, and agents for extraordinary damage to rangeland.

Adds an appropriation of five million dollars ($5,000,000.00) from the general fund to the Wyoming Game and Fish Department for compensating damages to rangeland.
Removes language about a presumption that extraordinary damage has occurred and replaces it with requirements for claims based on specific criteria.

The amendment does not specify how the compensation will be calculated or what qualifies as 'extraordinary damage'.

HB0060SS002

Standing Committee • Senate Appropriations Committee

Filed

Plain English: The amendment removes specific changes made by a previous Senate standing committee amendment to the bill.

Removes a section from page 1 that was previously added by another amendment.
Removes sections from pages 4 and 5 that were also previously added by another amendment.

The exact content of what is being removed cannot be specified without the original amendments (HB0060SS001/AEC) for reference.

Bill History

2024-03-05 Senate
S COW:S Did not consider for COW
2024-03-05 Senate
S Placed on General File
2024-03-05 Senate
S02 - Appropriations:Recommend Amend and Do Pass 4-0-1-0-0
2024-03-04 Senate
S06 - Travel:Rerefer to S02 - Appropriations
2024-03-04 Senate
S06 - Travel:Recommend Amend and Do Pass 4-1-0-0-0
2024-02-29 Senate
S Introduced and Referred to S06 - Travel
2024-02-28 Senate
S Received for Introduction
2024-02-27 House
H 3rd Reading:Passed 43-18-1-0-0
2024-02-26 House
H 2nd Reading:Passed
2024-02-23 House
H COW:Passed
2024-02-21 House
H Placed on General File
2024-02-21 House
H02 - Appropriations:Recommend Do Pass 4-3-0-0-0
2024-02-16 House
:Rerefer to H02 - Appropriations
2024-02-16 House
H05 - Agriculture:Recommend Amend and Do Pass 9-0-0-0-0
2024-02-12 House
H Introduced and Referred to H05 - Agriculture 54-6-2-0-0
2024-01-24 House
H Received for Introduction
2024-01-11 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

24LSO-0114
2024
STATE OF WYOMING
24LSO-0114
ENGROSSED
3.0

HOUSE BILL NO. HB0060

Excess wildlife population damage amendments.

Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee

A BILL

for

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 23
‑
1
‑
901(c) is amended to read:

23
‑
1
‑
901.

Owner of damaged property to report damage; claims for damages; time for filing; determination; appeal; arbitration.

(c)

The department shall consider the claims based upon a description of the livestock or bees damaged or killed by a trophy game animal, the damaged land, growing cultivated crops, stored crops including honey and hives, seed crops, improvements
,

and
extraordinary damage to grass

and, until July 1, 2030, extraordinary damage to rangeland
. The commission is authorized to establish by rule, methods, factors and formulas to be used for determining the amount to compensate any landowner, lessee or agent for livestock damaged as a result of, missing as a result of, or killed by trophy game animals
and, until July 1, 2030, the amount to compensate any landowner, lessee or agent for extraordinary damage to rangeland
. Claims shall be investigated by the department and rejected or allowed within ninety (90) days after submission, and paid in the amount determined to be due. In the event the department fails to act within ninety (90) days, the claim, including interest based on local bank preferred rates, shall be deemed to have been allowed.

No award shall be allowed to any landowner who has not permitted
reasonable
hunting on his property during authorized hunting seasons. Any person failing to comply with any provision of this section is barred from making any claim against the department for damages. Any claimant aggrieved by the decision of the department may appeal to the commission within thirty (30) days after receipt of the decision of the department as provided by rules of practice and procedure promulgated by the commission. The commission shall review the department decision at its next meeting following receipt of notice of request for review. The commission shall review the investigative report of the department, and it may approve, modify or reverse the decision of the department.
Until July 1, 2030, for purposes of this subsection:

(i)

"Extraordinary damage to rangeland" means the loss of forage normally available for livestock that is lost to any big game species on private land;

(ii)

It shall be presumed that extraordinary damage to rangeland has occurred if the population estimate of any big game herd on the rangeland for which damage is claimed exceeds the population objective established by the commission for two (2) or more consecutive years. The department may rebut this presumption based on the facts of an individual claim;

(iii)

Amounts to compensate a landowner, lessee or agent for extraordinary damage to rangeland shall be based on the private land lease rate for the affected area as established by the United States department of agriculture for private land.

Section 2.

The game and fish department shall annually report to the joint travel, recreation, wildlife & cultural resources interim committee and the joint agriculture, state and public lands & water resources interim committee regarding elk herd management efforts and plans.

Section 3.

The game and fish department shall promulgate all rules necessary to implement this act.

Section 4.

(a)

Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2024.

(b)

Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0060