Prepared By: Larry Kruckenberg
Key Contact: Larry Kruckenberg

Unlike previous increases granted by the legislature, however, this bill was amended during the final round of debate to include what lawmakers call a "sunset" provision. In layman's terms, that translates into temporary authorization for the fee increase ¾ one that has a time-certain expiration date. In this instance, the statutory language reads as follows: 23-2-108(a) -"Notwithstanding the provisions of W.S.23-2-101(b) for the period July 1, 1996 through December 31, 1999 and subject to W.S.23-2-101(f), the following hunting licenses may be purchased for the fee indicated and subject to the limitations provided." The same statutory restrictions were attached to other hunting licenses (23-2-108(b)), fishing licenses (23-2-108(c)) and miscellaneous licenses and tags (23-2-108(d)).

The legislation further specified that the sunset provisions not only be tied to the specific expiration date of December 31, 1999, but also a series of conditions that needed to be met and further, the legislature had to take specific action prior to that time or that section of Wyoming statute (the temporary license fee section) would have been repealed. No such actions had ever previously been taken by the legislature when addressing hunting and fishing license fees.

The legislature probably took this action on HEA 61 due to two factors: (1) several high-profile controversies involving the department and its constituents, in large part driven by deer and antelope numbers in southwest Wyoming, which attracted the attention of numerous legislators; and (2) general distrust by the legislature as to whether the department would actually follow through with promises made to them during consideration of the fee proposal, and their wanting some level of assurance that changes would be forthcoming.

Current Status:
The department underwent an independent review of the 12 goals and objectives that were legislatively mandated and completed all reporting requirements specified in HEA 61. The final report from the contractor was released in late October, 1998 and presented to the legislature's Management Audit Committee November 10, 1998, where it was accepted. During the 1999 legislative session, the sunset provision was removed and the license fees will remain as passed in 1996.

Commission/Department Position:
The Commission and department believed 11 of the 12 objectives had been achieved and significant progress had been made on the 12th objective (establishment of a foundation). As such, the Department expressed to the Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee at their October 7, 1998, meeting its desire to see the sunset provision removed. The Committee agreed to have a bill drafted to that effect and consider it at their December 8-9, 1998, meeting in Cheyenne, if the Management Audit Committee was satisfied the department has satisfied the 12 objectives, which it did. The Commission and department are grateful the legislature saw fit to remove the sunset provision.

Where Do We Propose To Go From Here:
With the recent legislative action, the question of "sunsetting" the license fee increases in 1996 is moot. The fees will remain in effect until such time as the Commission and department determine additional revenue is needed to carry out its statutory responsibilities.

Date Prepared 09/19/98
Last Modified 08/02/99