![[Top]](/images/nav-top.gif){kind=small}
![[Back]](/images/nav-back.gif){kind=small}
![[Home]](/images/nav-home.gif){kind=small}
SUMMARY OF PROCEEDINGS
Rochelle Athletics Center June 25 and 26, 2002
Laramie, Wyoming
PRESENT: Senator Carroll Miller, Cochairman;
Representative Teense Willford, Cochairman
Senators Ken Decaria, Mike Massie, Delaine Roberts
Representatives Gerald Gay, Jerry Iekel, Larry Meuli, Bud Nelson, Phil Nicholas (June 25), Bubba Shivler and Louie Tomassi;
Other Legislators – Representative Jim Slater
Legislative Service Office: Dave Gruver
Others Present: See Appendix 1(a) and (b).
ABSENT: Senator Steve Youngbauer
Representative Bill Thompson
AGENDA: See Appendix 2.
* * * * *
Cochairman Willford called the Committee to order at 1:00 p.m. Tom Thorne, interim director of the Game and Fish Department (G&F) and G&F Commissioners Hale Kreycik and Kerry Powers were introduced.
Game and fish issues
An update on forage compensation issues was presented by Terry Cleveland, G&F Assistant Wildlife Division Chief. Under the common law, the state owns wildlife but is not responsible for compensating private landowners for damages caused by wildlife unless the state has assumed the responsibility. Wyoming has done so in limited fashion. One of the items for which the Legislature has authorized damage payments is extraordinary damage to grass. The G&F Commission has adopted a rule regarding what constitutes such damage. As elk numbers have increased, the statute and rule have been subject to review and currently a committee comprised of department members, representatives of agricultural interests and sportsmen interests is attempting to resolve the issues involved. The items being considered are compensation for forage damage on private land, refinement of the definition of "extraordinary damage" to grass and possible landowner compensation for providing forage for wildlife on private land. Mr. Cleveland noted that the exact damage issue being discussed is actually only a very small part of overall damage claims. Material provided by Mr. Cleveland which outline and summarize his testimony is attached as appendix 3.
Preference point system
Jay Lawson, G&F Wildlife Division Chief addressed the current preference point system and possible expansion to species other than moose and big horn sheep. The current system, established in 1995, is working well and the department has received requests from non-resident hunters to expand the system to deer, elk and antelope.
Mr. Lawson presented a summary of a survey conducted to gather hunter's opinions on the allocation of limited quota deer, elk and antelope licenses. (Appendix 4). Highlights of that survey show 65% of non-resident hunters favor changing the current system, while 46% of residents did so. Nonresidents would support a $10 application fee to support a preference point system for deer, elk and antelope, while only 42% of residents were in favor. Fifty-seven percent of resident hunters and 49% of nonresident hunters supported a program under which hunters could purchase preference points to increase the chance of drawing a license. Sixty-eight percent of hunters (with little variation between residents and nonresidents) favored placing a quarter of limited quota elk, deer and antelope licenses in a separate pool for first time applicants and others not successful in the preference point draw. Regarding "premium hunt" areas, 73% were not in favor of establishing such areas.
Mr. Lawson emphasized that to expand a preference point system to these additional species would entail a large increase in computer costs. The number of licenses under a preference point system is now few comparatively speaking.
Larry Gabriel, G&F Fiscal Division Chief, testified that the Department would strongly encourage on-line applications in order to minimize inputting costs. Even so, the system will still be much more complex. The Department was seeking general enabling legislation allowing for the establishment of a preference point system for other species with the Commission being authorized to establish a fee of up to $50 for the preference point application. Proposed language for a bill was submitted and is attached as appendix 5.
Committee members expressed support for a bill to be drafted based upon the language submitted. Senator Massie requested that alternative language, restricting the system to specified species of deer, elk and antelope for nonresidents be drafted.
Game and Fish fiscal issues
Kathy Frank, G&F assistant fiscal division chief, addressed accounting practices and the budgeting process of the G&F in comparison to general fund agencies. Ms. Frank also addressed the current G&F budget and projected revenues/expenditures. An outline of her testimony and a chart showing all G&F funds by balance, revenue stream and authorized expenditures are attached as appendices 6 and 7.
Highlights of that testimony include:
Bill Wichers, G&F deputy director, addressed possible alternative funding sources and proposed license fee adjustments. An outline of his testimony is attached as appendix 8. Mr. Wichers noted that next fiscal year's budget will have no increase. The G&F operating balance is nearing its minimum operating level of $10 million. Without substantial revenue increases within the next year or two the G&F will need to cut entire programs or substantial parts of programs. The reason for the current situation is inflation, expanded responsibilities and reduced income. Currently, over 70% of G&F funding is from hunting and fishing licenses, over 20% is from federal sources and the remainder from private funds. No general fund dollars are appropriated to the G&F.
Because G&F conducts many activities for the benefit of the public other than those who purchase hunting and fishing licenses, a new substantial source of revenue should be found to fund these programs. With the failure of the wildlife trust fund bill last session, the G&F is proposing a new approach by identifying highest priority funding needs with the legislature to determine funding sources. Those needs are identified in appendix 9. Mr. Wichers identified possible sources of revenue such as a lodging tax, an excise tax on outdoor items, a portion of the state sales tax, mineral revenues and removal of the sales tax exemption from outfitter and guide services. Committee members questioned why there had been a decrease in hunting licenses for deer and antelope. Members also questioned the feasibility of using the revenue sources noted and suggested that the department should bring forth a more specific plan identifying historic revenues and expenditures, showing the past use and future need for revenues, and establishing that non-hunters are not paying "their fair share". Then the Committee could act as a sounding board for the Department.
Jim Schwartz, Department of Agriculture, presented a letter from the director of the department of agriculture, Ron Micheli. (Appendix 10). Mr. Micheli supported additional funding for the G&F, from general funds. The extra resources should be a direct appropriation made on a biennial basis, subject to the legislative process for items other than the "normal and historical" functions of the G&F.
Committee members discussed the issue of providing general funds for game and fish activities. Included within that discussion was the feasibility of segregating game and non-game expenditures of the G&F and separately appropriating funds for those non-game functions.
Mr. Wichers next addressed license fee adjustments. He provided suggested modifications and a comparison of Wyoming fees to surrounding states. (Appendices 11 and 12). Generally a 20% increase in most license fees is being proposed. Most of the fees had not been increased since 1997. A survey of hunters showed that increases on a 4 to 5 year scheduled was preferred over larger, less frequent or smaller, more frequent increase. In addition to the proposed increases, G&F was suggesting an increase in non-resident limited quota application fees from $10 to something in the $12 to $15 range; a doubling of the application fees for the "set-aside" limited quota non-resident licenses; a change to the "set-aside" license pool to 40% for each species. (Currently 40% of elk, 20% of deer and 30% of antelope are in the higher priced pool). Pioneer license fees were suggested to be increased from the present $2 fee to a fee set by the G&F commission at not less than 80% of the normal fee. Lifetime conservation stamp fees were proposed to go from $75 to $150. License agent commissions were proposed to double, if the agent wished to charge any fee at all. The fee would also be in addition to the license fee as opposed to being paid from the license fee. Legislation authorizing the establishment of an expanded preference point system and fees was also proposed. (See appendices 13 and 14 for proposed language on license selling agents and pioneer licenses). Landowner coupons were proposed to be increased from $11 to $13.
Steve Scheaffer and Paul Gilroy, Wyoming Outfitter's Association, both opined that the state was "giving its resources away". The nonresident fees could be increased and all would still be sold. The increase in the higher priced limited quota pool should be 50% for all species. Both would result in much increased revenue for the G&F.
Mr. Wichers outlined a public hearing process for the license fee proposals. (See appendix 8). A compilation from those hearings would be available for the Committee in October. Committee members asked that questions concerning alternative funding be included in those public hearings.
Commissioner Powers testified concerning the need for increased funding and noted he was encouraged by the support from the Agriculture Department. Commissioner Kreycik noted that he would not personally support asking for G&F funding on a biennial basis, but did support the one-time trust fund proposal.
The Committee recessed from 5:00 to 6:30 p.m. The Committee reconvened to hear public testimony concerning the proposed fee increases. Few members of the public attended and the Committee adjourned for the day at 7:00 p.m.
Wednesday, June 26.
Game and Fish restitution payments.
Mark Nelson, G&F warden spoke in favor of last session's HB25, a bill amending the disposition of restitution payments for hunting violations from the general fund to the game and fish fund. The Committee was provided with copies of the bill. (Appendix 15). Representative Tomassi moved the bill be sponsored by the Committee in the upcoming session. Representative Nelson seconded the motion. The motion passed unanimously.
Wolf management
Mr. Wichers addressed the wolf management issue. The Fish and Wildlife Service will require the following before the delisting process under the Endangered Species Act can begin:
1. An approved state management plan; and
2. An adequate regulatory mechanism. This will require the removal of the wolf from the list of predatory animals under state law.
The reclassification of the wolf was discussed. Some members of the Committee expressed concerns with classifying the wolf as anything other than a predator. Mr. Wichers noted that legislation doing so would be required in order to have an approved management plan and the G&F department wanted to have a management plan so the wolf population could be controlled. The legislation reclassifying the wolf could be made effective upon the removal of the wolf from the endangered species list.
Game and Fish Commission compensation
Mr. Wichers addressed this issue and proposed legislation raising the compensation paid to the Commissioners. (Appendix 16). He compared the current rate of $20 per commission meeting to surrounding states and to other Wyoming boards' and commissions' salaries. Cochairman Miller moved to sponsor the proposed legislation as a Committee bill. Representative Tomassi seconded. Representative Massie moved to reinsert the stricken "commission" and after "meetings" insert "or other meetings related to department business". Representative Gay suggested "or" should be "and". Cochairman Willford instructed LSO staff to use whichever was correct. The amendment passed. The main motion then passed unanimously. Committee members emphasized that G&F commissioners needed to be actively supporting the proposed legislation.
Mr. Wichers noted the Commissioners were supportive of the bill and asked that a Committee representative attend the license fee hearings in their areas. A calendar of meetings will be sent to members.
LSO staff summarized the bills the Committee would like drafted for the G&F meetings:
1. Preference point expansion to other species with two alternatives – the first being the proposed general enabling language; the second specific to non-resident antelope, deer and elk. Included would be authority for the Commission to set a fee for preference point applications.
2. Pioneer license increase with two alternatives – the first as G&F submitted (a discount of up to 20%) with the qualifications moved from a certain year of birth to the age of 70; the second alternative would require a discount of at least 20% and not more than 25% to be set by the commission.
3. Selling agent license commission increases as proposed by the Game and Fish, doubling the maximum amount of commission, allowing the agent to charge or not charge the commission and making the commission an "add on" to the license rather than part of the license fee;
4. The approved commission salary increase as discussed above;
5. The approved restitution bill discussed above;
6. License fee increases as proposed including:
a. Generally a 20% increase in most fees;
b. An increase in lifetime conservation stamps from $75 to $150;
c. An increase in nonresident application fee from $10 to $15;
d. Increasing the "set aside" deer, elk and antelope limited quota pool to 40% for each species and doubling the fee for entry into the pools; (The Committee asked for this to be separated from the other license fee changes.)
7. Increasing landowner coupons from $11 to $13;
8. Alternate funding – committee members discussed the G&F receiving public input on the proposal and possible forms the bill could take, but no committee action was taken to have a bill drafted.
Wyoming territorial park and historic site
The Committee toured the Wyoming Territorial Park. Jennifer Goodman, executive director of the Wyoming Territorial Prison Corporation (a non-profit corporation which manages the park under contract with the state) provided written material concerning the park operations and funding. (Appendix 17). Cochairman Willford asked that Committee members wanting to review the lease agreement under which the park is operated be provided with a copy of the lease.
Key points of Ms. Goodman's presentation included functions of the Park, economic impact (estimated at $2.1 million annually in Albany County), use of revenues, and local support for the Park (over 200 volunteers in 2000 gave over 6,700 hours of service, $11.45 million contributed through a 1% sales tax in Albany County). State funding for the park was included in the presentation and appendix 17 (including a $10 million loan, now at 1.5% interest and $540,000 in direct appropriations in the last 3 years). Overall there is recognition by the WTP corporation that the Park will not be self sufficient on gate receipts. The business plan calls for the continued development of an endowment and state funding until self-sufficiency through the endowment, commercial development, private funding and other revenue streams is reached.
John Keck, director of the Department of State Parks and Cultural Resources, provided an explanation of how the Department would operate the site should the WTP corporation be dissolved. The Department would either lock the gates and conduct minimum maintenance necessary, or operate the 7.5 acres of historic site at a much lower staffing level. The Department would require additional biennial funding and authorization to charge entry fees should the state operate the site directly.
Numerous local citizens, including Laramie Mayor Joe Schumway, spoke in favor of the Park and operating it under current conditions. One point made throughout was that the volunteer efforts and private funding sources now being used would not be available should the state operate the Park directly.
Committee members noted the importance of supporters establishing exactly what was being sought in the future in way of state funding and when self-sufficiency was expected to be reached. Cochairman Miller suggested the Committee should support continued funding for the Park. Cochairman Willford directed staff to draft a resolution in support of continued full Park operations for the next Committee meeting.
State Parks and Cultural Resources funding of special events at state parks and historic sites
Director Keck and Deputy Director Bill Gentle addressed the issue of funding local events at state parks. Currently the Department has no authority to charge fees for such events and no budget to fund special events at state parks. When special events are held, a nonprofit organization is formed, entrance fees are waived and gate receipts are used to fund the event by the nonprofit organization. Often the Department has a large hand in establishing and running the organization. That causes the Department concern and if the Legislature supports such activities the Department would like enabling legislation, authorizing a waiver of the entrance fee, the establishment of a special event fee and deposit of the fees into an enterprise account to operate the event. A summary of this issue was provided. (Appendix 20) After discussion the LSO was directed to work with the Department to develop legislation as suggested for the next Committee meeting.
State museum permanent loans
Director Keck also discussed the state museum policy concerning permanent loans. There have been a few instances of confusion and concern between local museums and the state museum regarding the policy, which have or are being worked out.
Deputy director Gentle asked the Committee to consider removing the sunset from the motorboat gas tax which is set to expire next year. Mr. Gentle also provided the Committee with information concerning fireworks and firearms use in state parks. (Appendix 18) Current law prohibits the use of fireworks in state parks and the use of firearms unless authorized by the Game and Fish Commission. He requested the Committee to consider legislation modifying those provisions and authorizing the Parks and Cultural Resources Commission to allow the use of fireworks and firearms in state parks. Cochairman Willford suggested that this latter issue could be the subject of an individually sponsored bill.
Jurisdiction and enforcement of snowmobile, ATV and motorcycle use in Parks and crossing state lines
Mr. Kim Raap, of the Department of Parks and Cultural Resources, Ms. Jane Darnell and Mr. Tom Florek of the United States Forest Service, Mr. Mark Goldbach, of the Bureau of Land Management, and Mr. Tom Davidson, Deputy Attorney General, State of Wyoming appeared before the committee.
Mr. Raap testified about cooperative efforts between the State of Wyoming, the Forest Service and Bureau of Land Management on off-road vehicle use on state and federal lands and trails, including law enforcement partnerships. Ms. Darnell, Mr. Florek, and Mr. Goldbach testified about the mechanism of law enforcement on Forest Service and BLM lands. The federal entities use federal regulations requiring compliance with state motor vehicle laws as the enforcement mechanism on federal lands generally. At the request of the Committee, the BLM and Forest Service agreed to provide a copy of the regulations. Mr. Davidson explained the ongoing lawsuits by the state of Wyoming against several federal agencies over restrictions on roads and vehicles. He also provided background information on state and federal jurisdiction over their respective properties within Wyoming’s boundaries.
Mr. Rapp provided appendix 19, an explanation of the current snowmobile gas tax. The materials point out that the amount of tax distributed for snowmobiles (and motorboat) use underestimates the amount of actual usage, based upon a 2001 survey. The department was recommending an increase in the amount distributed for snowmobile trail grooming and perhaps basing the amount on a formula percentage use rather than dollar amount per registered snowmobile. The Committee took no action on the proposal. Senator Decaria questioned whether a reciprocal agreement could be reached on snowmobile use crossing state lines and Mr. Raap noted Wyoming has the statutory authority to waive registration fees, but Utah and Idaho do not and failing such action by their Legislatures, Wyoming would be losing that revenue.
There being no further business, the meeting was adjourned at approximately 4:15 p.m.
Respectfully submitted
____________________________
Cochairman Loren "Teense" Willford