67th Legislative Summary (2023) on Animal Welfare Bills

Copies of legislation can be accessed at https://wyoleg.gov/Legislation/2023

HB60 - Excess Wildlife Population Change Amendments -
FAILED

This bill, proposing a change to landowner compensation regulations, generated vigorous discussion from many perspectives. Created in the Agriculture Committee, HB60 was an attempt by some ranchers to focus attention on damage caused by overpopulation of elk and other wildlife in some areas of the state. Although the Wyoming Game and Fish Department already manages a program for damage that game species cause to cropland, livestock, and rangeland, HB 60 suggested that landowners in overpopulated elk areas, for example, should be eligible for 150% of market payments for extraordinary damage to rangeland. Speaking against HB60, the Wyoming Game and Fish Department expressed concern that the proposed bill would rapidly demolish the department’s damage fund and impact their self-sustaining budget funded by hunter and angler license fees. The Department also explained it was already working on a plan to deal with wildlife overpopulation concerns. HB60 died when it was not considered before the cutoff deadline. Placed on the bottom of the pile, Senator Larry Hicks, Senate Majority Floor Leader, explained the bill presented too many unanswered questions and required more deliberation at another time. Senator Hicks stated a problem with elk in a few areas of the state does not justify the creation of a statewide program. The data does not substantiate it. WGFD said if it became that beneficial to have elk on ranchland, why wouldn't ranchers just keep elk rather than cattle.

HB93 - Animal Reimbursement Program Account -
PASSED

This bill related to agriculture, livestock, and other animals increased the amount the Wyoming Livestock Board may reimburse for any single quarantine of livestock. The bill received affirmative votes at introduction and throughout the committee hearings. HB93 passed unanimously.

HB116 - Sage Grouse Implementation – Notice to Landowners -
PASSED

This bill was an effort to require written notice mailed to landowners 45 days ahead of a final recommendation made to the governor that impacts their property. The Wyoming’s Sage Grouse Implementation Team (SGI) made a recommendation to include some new land areas in the “sage grouse core area”. Some landowners without social media were not advised of the proposed changes to their land. The recommendations limit development, energy production, and general disturbance. HB116 passed with unanimous support.

HB95 - The Working Animal Protection Act -
FAILED (with 30 ayes and 32 nays)

Sponsored by Representatives Rodriguez-Williams, Neiman, and Penn, and Senators French and Laursen, HB95 was resurrected from the 2022 session. It was again lobbied for by out-of-state groups such as the Calvary Group. This organization is funded by the wealthy Missouri owner of Lucas Oil Products, Forrest Lucas. It lobbies against animal protection laws in general, and in the past fought Proposition B in Missouri, which was an effort to rein in the rampant puppy mills in that state. The goal of HB95 this year was spun as a preemptive measure to ‘protect’ rodeo, horse sales, youth animal shows, fairs, and other working animal commerce and enterprises, from animal activists.

HB95 would have stopped cities, towns, and counties from implementing ordinances and policies that “terminates, bans or unduly restricts a person from using a working animal in lawful commerce or an animal enterprise.” Rep. Rachel Rodriguez-Williams, R-Cody, testified that “animal rights activists target municipalities to enact new municipal codes to prohibit these events,” While she was unaware of any such instances in Wyoming, Rep. Rodriguez-Williams said, “it’s happening all around our country. So essentially what this bill does is it protects agritourism in the state of Wyoming, which we value so much.”

As originally drafted, this remarkable bill would have supplanted existing policies and ordinances and said municipalities and counties could continue to implement restrictions related to “public health or public safety.” However, as the Calvary Group is known for fighting any attempt to control the puppy mill business, amendments were added in committee and on the House floor to allow local governments to implement restrictions to “reasonably protect the health and safety of working animals” and to target “puppy mills and animal hoarders.” This largely defanged the original intent of the bill.

During the Committee-of-the-Whole debate, the necessity for a bill like HB95 “to protect Wyoming rodeo and working animal commerce” was questioned. The sponsors argued that “a lot of out-of-state individuals that come in don’t share the values and concern for our Western heritage and our way of life. And they want to change things that don’t matter to them”.

Opponents of HB95 expressed concerns that ordinances designed to give animals some protections locally would be harmed or over-ridden. Exceptions to the bill’s provisions were sparce. Government that is closest to the people, local decision making in Wyoming towns, is valued and allows local animal welfare issues to be addressed as needed without overreach of state government.

The boogeyman outsider concept was rejected. Overreach by state government and concern about keeping local controls in place won out in the final vote. But it was close. The bill was perceived as unnecessary. Even some of more conservative legislators preferred that local officers, such as municipal government officials, animal control administrators and shelter personnel, make decisions on local issues regarding working animals, given their practical experience.

HB104 - Hunting of Predatory Animals –
PASSED

This passed both House and Senate with little opposition. It was sponsored by Representative Haroldson and co-sponsored by Representatives Allemand, Angelos, Hornok, Jennings, Knapp, Locke, Niemiec, Pendergraft, Rodriguez-Williams, Slagle, Strock, Tarver, Ward, Western, Winter, Wylie, Dn. Zwonitzer, and Senators Boner, Driskill, Ellis, Ide, Landen, D. Laursen, Salazar, and Steinmetz.

HB104 makes it legal to use thermal and infrared technology to hunt species in Wyoming that are classified as predators on public land such as red fox, grey wolves (as allowed by law), skunks, stray domestic cats, raccoons, porcupines and jackrabbits. The reason HB104 was introduced was to clarify whether night hunters of predators could use spotlights, infrared scopes or night vision to kill such animals on public land. On private land light-amplifying technologies have been legal for predator hunting before HB104 was considered. Also, in Wyoming, hunting predators by moonlight on public land has been legal. The passage of HB104 requires the Wyoming Game and Fish Commission to establish rules and regulations specific to this new legal hunting activity on public land at night.

During testimony in the legislature, opponents of HB104 questioned how predator hunting after dark on public land could be safe and asked who would be responsible for property damage or accidental shooting of humans. Game and Fish wardens spoke against the bill leery of the prospect of monitoring a sporting pursuit in the dead of night. A surge in night hunting would be a dangerous nightmare to patrol.

Proponents of HB104 indicated that this practice is already legal on public land in 34 states. Including all states bordering Wyoming.

Closing statements suggested passage of HB104 which opens up public land may raise safety concerns and backfire on hunters of predators. If there is a mishap – where someone gets shot, the wrong species is killed, or property damage occurs – there may be a public outcry. We’ll see.

HJ003 - Wild Horse and Burros Best Management Practices -
FAILED

Sponsored by Representative John Winter (R. Thermopolis), this bipartisan resolution was introduced in Wyoming to highlight the dire situation for wild horses in Wyoming. Co-sponsors included Representatives Banks, Davis, Neiman, and Sommers, and Senators Driskill and Laursen. During testimony Rep. Winter was quoted as saying “this resolution is to get the attention of our Congressional delegation and whoever else is in power to recognize that wild horses are a problem in the western United States. We need to do something to have better management of these animals.”

The resolution sponsors achieved their goal of eliciting a public response from ranchers, wild horse advocates, and other Wyoming perspectives. There is a longstanding heated discussion about how the U.S. Bureau of Land Management manages free-roaming horses and burros under federal law mandates, including roundups and housing animals on 16 herd management areas (HMAs). HJ003 sponsors concede that the BLM has a tough job trying to balance the use of natural resources between feral horses, livestock, and native wildlife. With forage resources becoming increasingly sparse in the arid West driven by climate change and ongoing drought, current practices are not working. Without predators, the wild horse and burro populations continue to increase. HJ003 sponsors shared concerns about the difficulty of adopting or selling wild horses, lack of effective birth control, and lawsuits blocking removal.

Testimony included concerns about how to destroy old, sick, or lame animals in a more humane, cost-efficient manner. Since 2007 horse slaughter for human consumption has been effectively banned in the US. Horses have been transported to neighboring countries since 2007, but the closure of facilities is limiting those options.

Wild horse advocates argued that proven safe birth control methods make wild horse and burro management less costly. In addition, animal welfare groups argued that domesticated horse meat in the U.S. is potentially toxic. Many drugs regulated by the federal government are used to treat wild horses and they should not be consumed by people. Countering statements by livestock ranchers that wild horses damage riparian areas and overgraze the limited forage, recent findings released by Chandra Rosenthal, Rocky Mountain Director of Public Employees for Environmental Responsibility (PEER), in a 14-year study, questioned the BLM’s choice of removing wild horses from public lands when science clearly shows significant cause of habitat degradation by livestock grazing – including on critical sage grouse habitat. PEER states that removal of wild horses as a way to compensate for damage done by livestock demonstrates BLM has scientific blinders on when it comes to public lands grazing (Casper Star, Nov. 20, 2022, pg A3).

HJ003, Wild Horse and Burros Best Management Practices, continues the discussion about wild horses and burros and cattle grazing on Wyoming public lands. Part of the solution from some perspectives, and touched on in public comment about the bill, is reestablishing horse slaughter plants in the US, with possibly one in Wyoming (Riverton area). This is likely to be contentious, and a national discussion.

SF178 - Mountain Lion Pursuit Season - 
PASSED

SF178 was introduced by Senator Brian Boner with Representatives Jeremy Haroldson and Cyrus Western. Senate File 178 will allow houndsmen to pursue mountain lions even after the puma bag limit is reached. It will permit hunters to continue unleashing their hounds to trail pumas – provided pumas are not killed – until the last day of hunting season as set by the Wyoming Game & Fish to shoot a lion.

The bill proponents said this change will allow houndsmen much needed practice to tree mountain lions. Generally, the hunting season is usually over quickly. Senator Boner explained houndsmen did not get enough training with their dogs. In addition to keeping the dogs sharp, the new regulation would “train” mountain lions to avoid people and livestock.

People giving testimony against SF178 argued that the bill could amount to harassing mountain lions. Others said it would “train” the cats to be more wary of humans.

SF178s new regulations will allow for special management pursuit permits for hounds to chase and tree mountain lions during a special Mountain Lion Pursuit Season. Once treed, hunters will have to gather their hounds and depart, leaving the cats unharmed. Killing a lion outside the designated hunting season will result in a $5,000 fine. SF178 does not change the current regulation that mountain lions be hunted and killed in the current designated hunting season.

One of life’s small ironies that resolution HJ003 on the one hand, and HB104 and SF178 on the other are effectively at odds. Restoring better ecological balance between predators and natural prey would reduce the pressure that feral horses place on native landscapes.

Keep the conversation going about your concerns with animal welfare issues in Wyoming. Maintain contact with your legislators throughout the year. You can find your legislators’ contact information at:

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