FIFTY-SEVENTH WYOMING LEGISLATURE

APPROVED INTERIM COMMITTEE STUDIES

2004 INTERIM

JOINT JUDICIARY INTERIM COMMITTEE

Initial Budget Approved: $25,000

Topic #1: Split Estates

Note: Management Council has delayed assigning this study topic to any interim committee until the joint executive/legislative committee on split estates created by 2004 HB0001 has completed its work.

Topic #2: Medical Review Panel/Insurance Reform

Tort reform was considered by the Legislature in the 2003 General Session and again in the current Budget Session, with few proposals being enacted into law. The Committee will give further consideration to amending the Medical Review Panel and various approaches to addressing the medical malpractice insurance issue, including self-insurance, re-insurance, rate regulation and funding of damage awards.

Topic #3: Children's Legal Representation

In 2002, a Title 14 Review Committee made comprehensive recommendations for legislative changes to Title 14 of the Wyoming Statutes, the only portion of which enacted into law in 2003 was the Wyoming Parentage Act. Last interim, the Select Committee on Juveniles was created and considered remaining issues, including creation of an Office of Children Representation. (OCR). The bill establishing the OCR failed, but the Committee believes the issue deserves continued study with increased participation by the Judiciary and the State Bar.

Topic #4: Title 25, Involuntary Commitments

The Committee has heard testimony that counties are experiencing major impacts to their budgets as a result of involuntary commitment procedures. The Committee will study those procedures to determine if the procedures can be amended to provide relief to the counties.

Topic #5: Miscellaneous

(a) Additional issues the Committee will study include:

(i) 04 HB 88, Child protection amendments

(ii) Uniform Child Custody Jurisdiction Enforcement Act

(iii) Uniform Interstate Family Support Act

(iv) 03 HB 214, Sex offender registry

(v) National Crime Prevention and Privacy Compact

(vi) Receipt of a report on the Children and Families Initiative

(vii) Update on progress of prison construction projects required under 03 SF 16

Topic #6: Child Support Guidelines. (Topic Assigned by Management Council)

Originally requested by the Joint Labor Committee, this topic was reassigned to the Joint Judiciary Interim Committee by the Management Council. The committee will conduct the mandated 5-year review of the statutory child support guidelines as requested by the child support enforcement division.

JOINT APPROPRIATIONS INTERIM COMMITTEE

Initial Budget Approved: $25,000

Topic #1: Revenue Flows

Create a method by which to evaluate flows to city/town/county governments. Set a floor they could count upon. Coordinate this study with Revenue.

Topic #2: Information to be requested from selected state agencies:

(a) What percent of standard budget has been spent at a selected date , e.g., half way through or at the end of a FY.

(b) What is the balance in particular categories?

(d) Compare to Chapter 17 Report data.

Topic #3: Improving the Budget Process

Topic #4: Refine rules for killing a bill

(a) Strip funding and Do Pass.

(b) Do Not Pass (Leave bill in committee.)

Topic #5: Costs for Consultants studies

Evaluate reasonable costs for consultant's studies in particular areas. Studies done by others, possibly doctoral students at UW?

Topic #6: Public Service Commission (PSC) Resources. (Topic Assigned by Management Council)

Originally requested by the Joint Corporations Committee, this topic was reassigned to the Joint Appropriations Interim Committee by the Management Council.

Recent statutory changes and developments have necessitated examining PSC resources and the use of "concurrent permitting" to streamline the permitting process.

Topic #7: Additional Topics Assigned by Management Council

(a) Conversion of State employee sick leave at retirement.

(b) State retiree health care benefits.

JOINT REVENUE INTERIM COMMITTEE

Initial Budget Approved: $20,000

Topic #1: Distribution formula review for de-earmarking.

(a) Review the distribution formula for FMRs, severance taxes and fuel taxes required by W.S. 28-12-301 for de-earmarking purposes.

(b) Statutory law requires the Revenue Committee to review the current distribution formula for de-earmarking purposes. The study will also include a review of CREG estimates, sales/use tax distribution and optional procedures for specific purpose excise taxes.

(c) Anticipated committee activity: Four 2-day meetings needed to study this topic and all other topics; legislation may result.

Topic #2: Department of Revenue issues.

(a) Study the issues raised for Committee consideration by the Department of Revenue.

(b) The Committee will study issues raised by the Department of Revenue including the definition of intangibles; tobacco issues (including internet sales, contraband/counterfeit sale of tobacco products, equity fee assessment on cigarettes and the 6% tobacco stamp discount); mineral tax issues (including notice of valuation changes, finality of audit, oil/gas well services); and review of railroad car repair taxation issues.

Topic #3: Streamlined sales tax project.

(a) Study the streamlined sales tax project and receive an update on the status of the project and related issues.

(b) The Committee would like to receive an update on the streamlined sales tax project. The topic will also include review of the vendor compensation model and the study of a blended sales/use tax rate for in-state vendors.

Topic #4: Receipt of statutorily required reports.

(a) Receive the statutorily required reports to be made to Revenue Committee.

(b) The Committee will be receiving required reports including reports on property tax relief, manufacturing equipment sales tax exemption, tertiary production of oil and gas, as well as various annual reports on other mineral production.

Topic #5: Mineral tax incentive econometric model.

(a) Study the use and effectiveness of the mineral tax incentive econometric model.

(b) The Management Council requested the Committee to study the effectiveness and the current use of the mineral tax incentive econometric model.

Topic #6: Local Finance Options. (Topic Assigned by Management Council)

Originally requested by the Joint Corporations Committee, this topic was reassigned to the Joint Revenue Interim Committee by the Management Council.

Concerns have been expressed regarding local finance options and the possible need for statutory changes. The Committee will examine the "demand side" of the equation, including the various options currently available and direct and indirect taxation.

JOINT EDUCATION INTERIM COMMITTEE

Initial Budget Approved: $35,000

Topic #1: School Finance Studies.

(a) Cost-based model recalibration plan. (HB0093);

(b) Study of cost differentials associated with providing educational programs in smalls schools in small districts and small schools in large districts. (HB0093)

(c) Consideration of findings and development of recommendations for treatment of collocated schools under the small school adjustment and under school building and facility adequacy standards. (HB0093)

(d) Review of school level utility costs. (HB0093)

(e) Review of intervention programs addressing proficiency of limited English speaking children and program expenditures. (HB0093)

(f) State Superintendent and State Board of Education recommendations on the adequacy of the statewide educational program. (HB0093) [Note: underscored language added by Management Council]

Topic #2: Student Assessment & Accountability.

Student assessment and accountability report, including pilot assessment for SY04-05 and accountability transitional plan for SY04-05. (HB0126)

Topic #3: Juvenile Placements.

Review of information on programs and services provided children placed by the court in residential treatment facilities, group homes, day treatment and juvenile detention facilities. (SF0080)

Topic #4: Duties and responsibilities of the State Superintendent and the State Board of Education. (Management Audit Review)

Topic #5: School Finance/Education Reports.

(a) Implementation and administration of mobility component within the at-risk adjustment. (HB0093)

(b) Policies and procedures governing alternative schools for purposes of small school adjustment eligibility. (HB0093)

(d) Foreign language instruction through grade six pilot project development and implementation, findings and expenditures, together with recommendations for project continuation. (HB0170)

(e) Review of special education staffing and student identification practices, and on regionalized approach to special education programs.

(f) Consideration and review of vocational education best practices report and regionalized approach to vocational education programs.

(g) Review of three-tier endorsements on high school graduation diplomas, including general educational development and adult basic education programs.

(h) Review of extent gifted programs are incorporated within statewide education program.

JOINT AGRICULTURE, PUBLIC LANDS AND WATER RESOURCES INTERIM COMMITTEE

Initial Approved Budget: $20,000

Topic #1: Agriculture issues including:

(a) Animal Diseases;

1. Arthropod-borne animal disease research laboratory;

2. Long term quarantines;

3. Livestock board's structure;

(b) Predators;

(d) Private property access;

(e) Veterinary technicians.

The department of agriculture is asking for support for a new $100 million arthropod-borne animal disease research laboratory for researching and dealing with diseases such as West Nile, Brucellosis, Bovine Spongiform Encephalopathy (BSE), chronic wasting and potential bio-terrorism. The livestock board wants the committee to address costs associated with long term quarantines relating to some of these diseases, such as feed costs. The committee has been asked to look at the livestock board structure and the efficiency of its staff.

The Wyoming Wool Growers Association has concerns about the current situation of predators in the state and the effects predators have on the livestock industry, the wildlife resources and the state's economy and they will provide the committee with completed research regarding current statutes. The livestock board has concerns about proposed national animal identification systems, including control and misuse of various systems. The Wyoming Stock Growers Association has concerns about increasingly sophisticated technologies allowing both governmental and non-governmental entities to gather information about private property without securing access permission from the private property owner. The committee was asked to review the statutes and consider providing for licensing of veterinary technicians who demonstrate competency to work under the supervision of veterinarians. The committee will review or request any information necessary to its discussions and will determine if any possible solutions are available or if potential legislative changes are required.

Topic #2: Public Lands issues including:

(a) Self-funded Trust for Management of State Lands;

(b) Statewide Land Use Management Plan.

The board of land commissioners and the office of state lands and investments have asked the committee to consider 1) the idea that management of the state trust assets should be based, at least in part, on a "cost based management" analysis; and 2) administration of the trust assets, by and through the office of state lands and investments, could be "self-funded." The Wyoming Stock Growers Association has concerns regarding the federal land use planning and its effect on Wyoming resources, including water rights, timber and grazing. The committee will review or request any information necessary to its discussions and will determine if any possible solutions are available or if potential legislative changes are required.

Topic #3: Water Resources issues including:

(a) Electronic permitting;

(b) Health of Watersheds;

The state engineer's office has asked the committee to consider any necessary statutory changes to allow the state engineer's office to handle electronic permitting. The state forester has concerns that with the dramatic increase of insects throughout the state coupled with continued drought and the potential for large scale fires, that many watersheds in the state are at risk. The committee will ask the US Forest Service to expand its annual forest health report to include a discussion on the health of the forests and watersheds. The Wyoming Wool Growers Association has concerns about the construction of multiple dam structures built in the same drainages and the potential for catastrophic events causing failure of these multiple structures. The state engineer's office will provide information as necessary to the committee. The committee will review or request any information necessary to its discussions and will determine if any possible solutions are available or if potential legislative changes are required.

JOINT TRAVEL, RECREATION, WILDLIFE AND CULTURAL RESOURCES INTERIM COMMITTEE

Initial Approved Budget: $20,000

Topic #1: Alternative funding

(a) Alternative funding for game and fish. The department depends heavily on revenues generated from license and permit sales to fund its operations. The Committee will review the possibility of alternative funding mechanisms to fund game and fish operations.

(b) Alternative funding for state parks and cultural resources. Again, the funding of department operations will be studied. The Committee will review possible funding mechanisms including fees collected for admissions to and activities at state parks and sites.

Topic #2: Recreational opportunities-increasing game populations

Concerns have been raised that lack of habitat and management of habitat areas have resulted in a decrease in recreational opportunities, especially with regard to hunting and fishing. The Committee will study the issue of increasing game population through a variety of ways, including predator control and better management of habitat.

Topic #3: Care and maintenance of state collections

The department of state parks and cultural resources, through the state museum and archives and the historical sites division, is in possession of millions of artifacts, documents and the like. In addition, the department serves as a repository for federal documents and other collections. The Committee will examine the possibility of expanding the facilities designed to house these items and the catalog process not only to protect the items but also to allow for public access to these important parts of Wyoming history.

Topic #4: Enforcement of off-road recreational vehicle limitations

The Committee has been presented with testimony that the illegal use of off-road recreational vehicles has had a negative impact on land used for hunting and other recreational purposes. Currently, game and fish personnel do not have the authority to enforce certain regulations relating to the use of off-road recreational vehicles. The Committee will review the possibility of authorizing game and fish personnel to enforce these regulations while acting within the scope of their current duties and without expanding any authority to further regulate.

JOINT CORPORATIONS, ELECTIONS AND POLITICAL SUBDIVISIONS INTERIM COMMITTEE

Initial Approved Budget: $20,000

Topic #1: Telecommunications

The Committee has been presented with a variety of issues and testimony regarding telecommunications in Wyoming. Among these issues are possible changes in the universal service fund, a study of the use of broadband technology across Wyoming and deregulation of local access services. In addition to the telecommunications study in the budget bill, the Committee will examine these issues.

Topic #2: Local government issues

(a) Annexation. The Committee has heard of several concerns relating to development across Wyoming and a very recent Wyoming Supreme Court opinion concerning annexation. The Committee would like to examine the issue to determine if statutory changes may be needed.

(b) Local finance options. Note: This topic was reassigned to the Joint Revenue Interim Committee by the Management Council.

Topic #3: Elections issues

In addition to the ongoing process of revising statutes and complying with the federal Help America Vote Act (HAVA) and other federal election and campaign reform laws, the Secretary of State has testified that other revisions made be needed, in part to simplify and clarify the election code. The Committee will examine the need for further revision of the election code.

Topic #4: Departments, boards, districts and commissions-amendments.

The Committee has been presented with testimony regarding multiple smaller issues throughout the statutes. Included in this list of issues are:

(a) Insurance issues. The Committee has heard of several concerns relating to insurance from the Insurance Commissioner, including possibly entering into an interstate insurance product compact. The Committee will examine the issue to determine if statutory changes may be needed;

(b) Licensing issues. Several persons have testified regarding the need for changes to several licensure statutes. The list includes engineers, land surveyors, certified public accountants, cosmetologists and contractors;

(c) Public Service Commission (PSC) resources. Note: This topic was reassigned to the Joint Appropriations Interim Committee by the Management Council.

(d) Special districts. The Committee has heard testimony regarding special district laws, including but not limited to enhancing district authorities, amending water quality statutes and revising various statutes. The Committee will explore the need to amend the special district statutes;

(e) State Fire Marshal. The State Fire Marshal has indicated that both the state and local governments have concerns regarding jurisdiction and "home rule." The Committee will examine these issues to determine if statutory changes may be needed, especially in the area of local enforcement of public safety laws.

(f) Salaries for Members of State Boards and Commissions. (Note: This Topic was Assigned by Management Council.)

Topic #5: Cost of Insurance. (Topic Assigned by Management Council)

Originally requested by the Joint Labor Committee, this topic was reassigned to the Joint Corporations Interim Committee by the Management Council.

The committee will review cost problems for health and liability insurance in the public schools and community colleges.

JOINT TRANSPORTATION, HIGHWAYS AND MILITARY AFFAIRS INTERIM COMMITTEE

Initial Approved Budget: $20,000

Topic #1: WyDOT issues.

(a) Interstate-80. Traffic volume, especially truck traffic, has increased significantly and is projected to continue increasing rapidly. DOT may need additional statutory authority to regulate traffic during weather and other emergencies, in order to take full advantage of the new federally-funded information signs.

Note: As part of this study, Management Council directed that the Committee study lower speed limits for large motor vehicles for the purpose of improving public safety on Interstate 80.

(b) Graduated driver's licenses/driver's education. In light of legislator and public observation that 2004HB0195 was a worthy concept that needed improvement and coordination with driver's education, the committee will study an improved GDL bill and methods/funding to increase the availability of driver's education.

(c) Highway Patrol. The committee will study the number of troopers required, in light of increased enforcement needs, and their geographical distribution.

(d) Uninsured motorists. Concerns have been raised about the number of people whose insurance is cancelled for non-payment of premium but who continue to drive. The committee will study methods to require insurers to report cancellations to WyDOT and county treasurers for the purpose of suspending vehicle registration.

Note: As part of this study, Management Council directed that the Committee include a review of minimum levels of insurance.

(e) Multi-lane highways. The committee will revisit recommendations and funding sources, in light of federal highway act reauthorization, for improving major two-lane highways in the state to multi-lane configuration.

Topic #2: Military Department.

This is a new assignment for this committee. The committee will conduct a general study of the status and concerns of the department, with particular focus on improving support for activated national guard members.

Note: As part of this study, Management Council directed that the Committee include the topic of federal funding and planning for homeland security and that the committee report its findings to the Joint Appropriations Interim Committee.

Topic #3: Veterans' Commission.

This is also a new subject area for the committee. The committee will conduct a general study of the status and concerns of the commission, including a complete review of Title 19, Chapter 14 and other veteran-specific statutes. Note: at the request of Management Council, the committee will consider the concerns of other veterans' groups.

JOINT MINERALS, BUSINESS AND ECONOMIC DEVELOPMENT INTERIM COMMITTEE

Initial Approved Budget: $20,000

Topic #1: Environmental Quality Issues including:

(a) Leaking underground storage tanks;

(b) Regional haze;

The director of the DEQ asked the Committee to consider the funding for the LUST program and the timeline and other criteria relating to the current program. He has also noted there is an advisory group studying local government landfills and noted that the group might recommend legislative changes to allow for regional landfills and to address other environmental quality issues relating to landfills. The Committee will also continue to monitor implementation of regional haze provisions.

Topic #2: Mortgage Brokers.

The state banking commissioner has received numerous complaints regarding practices by mortgage brokers and has suggested the Committee review regulation of mortgage brokers. Note: At the request of Management Council, the study will also include a review of achieving a "level playing field" for state chartered banks.

Topic #3: Reclamation Bonds for Mineral Production.

Industry has noted the cost of and difficulty in securing reclamation bonds. The Committee will study the issue and possible solutions such as self-bonding or other safeguards that might be appropriate.

Topic #4: Infrastructure Authority.

SF 52, infrastructure authority, establishes a new Authority. The Committee will follow the startup of the Authority and determine if any additional follow-up legislation would be necessary.

Topic #5: Alternative Construction Methods.

HB 186 provides for alternative delivery methods for construction on public works projects. With significant public capital construction occurring in the state over the next decade, the Committee will review the proposed alternative methods and criteria and selection standards that would be appropriate.

Topic #6: Royalties In Kind.

Review existing authority for governmental entities to take royalties in kind and review options for sale or other uses of production taken in kind, including use as a potential economic incentive.

Topic #7: Economic Development Options.

Meet with the Business Council and the State Treasurer to discuss venture capital financing and other potential economic development tools and determine if statutory changes would be appropriate.

JOINT LABOR, HEALTH AND SOCIAL SERVICES INTERIM COMMITTEE

Initial Approved Budget: $30,000

Topic #1: Health Care Issues.

The committee continues to hear testimony and comment about cost, accessibility and reimbursement problems in all government-related health programs. The committee will study the following subjects under this topic:

(a) Medicaid Coverage and reimbursement rates for child and adult dental care; cost shifting caused by reimbursement rates below providers' cost of delivery; coverage gap for Social Security Disability recipients; accuracy of the department's future needs model.

(b) Public Health Immunization rates; suicide prevention; environmental health; emergency medical services/trauma care.

(c) Long-term Care/Patient Care Role of senior centers; Alzheimer's early-stage care; workplace conditions; effect of Medicare drug benefit on the Prescription Drug Assistance Program; possible long-term care at state institutions.

Topic #2: Worker's Compensation.

The fund is statutorily required to be fully reserved by 2008. The Director of the Department of Employment has informed the committee that a new actuarial review, combined with medical inflation and reduced investment income, indicate that the 2008 target will not be met. The committee will study possible legislative responses.

Note: As part of this study, Management Council directed that the committee review the department's claims process including recommendations in the Management Audit Committee study on worker's compensation.

Topic #3: Children and Families Initiative.

The legislature enacted HB33, which directs the Department of Family Services to contract for a broad study of current services and a needs assessment for programs that support children and families. The results of the study are to be reported to the LHSS committee, preliminarily on November 1, 2004, and in final on October 1, 2005. The committee will consider the preliminary report and possible legislation for 2005 general session.

Topic #4: Education Study.

The committee has been asked by the Wyoming Department of Education to conduct a study with the following elements:

(a) Billing of Medicaid for services now provided in the public schools, especially for special education and court ordered placements;

(b) Cost problems for health and liability insurance in the public schools and community colleges. [Note: This topic was reassigned to the Joint Corporations Interim Committee by the Management Council.]

Topic #5: Child Support Guidelines.

Note: This topic was reassigned to the Joint Judiciary Interim Committee by the Management Council.

SELECT COMMITTEE ON SCHOOL FACILITIES

Initial Approved Budget: $20,000

Topic #1: Collocation Study.

Assigned by HB0093, Section 402(c). Section 1101(a) appropriates $30,000 for consulting fees and other study expenses.

Topic #2: School Facilities Enhancements Study.

Assigned by SF0002, Section 6. Appropriates $15,000 for Committee expenses.

SELECT COMMITTEE ON TRIBAL RELATIONS

Initial Approved Budget: $5,000

Topic #1: Chief Washakie Statue Project

Consult with the University of Wyoming Board of Trustees on the Chief Washakie Statue Project. HB 1 authorized the amount of $150,000 for the sculpture.

Topic #2: Community Development Block Grants

Application for community development block grant projects.

Topic #3: Tribal Water Projects.

Study priorities for the federal match for Tribal water projects. The Wyoming Washington delegation asks to be contacted once all parties in Wyoming are in agreement on priorities. The Joint Business Council is being contacted for a possible joint trip to Washington D.C.

Topic #4: Tribal Taxation vs. Services Provided.

The Committee will ask the firm that made the study to present a report to the Tribal Relations Committee.

MANAGEMENT COUNCIL

Initial Authorized Budget: $25,000

Topic #1: Legislative Compensation.

The Council will study legislative compensation including constituent service allowance and electronic equipment for legislators.

MANAGEMENT AUDIT COMMITTEE

Initial Authorized Budget: $15,000

Topic #1: Court Ordered Placements.

The scope of this study will be crafted to complement work being undertaken in connection with provisions of SF 80 (concerning education costs of children in residential treatment) and of HB 33 (concerning the children and families initiative). The Management Audit Committee study will provide basic information about the history of efforts to fund and manage these placements. It will also review court ordered placement studies since 1979 and analyze several of the public policy options consistently identified in them.

SELECT WATER COMMITTEE

Initial Approved Budget: $17,500

The Select Water Committee is required by statute to monitor the water development program, review project contracts and prepare annual legislation. The Committee is also required by statute to review and make recommendations regarding the project funding list under the Safe Drinking Water Revolving Fund program.

SELECT COMMITTEE ON CAPITAL FINANCING AND INVESTMENTS

Initial Approved Budget: $15,000

The Select Committee on Capital Financing and Investments performs statutory duties under W.S. 28-11-210 and state investment statutes.

BUDGETS APPROVED FOR OTHER COMMITTEES

Select Committee on Legislative Technology	$ 2,500
Select Committee on Legislative Process	$ 2,500
Select Committee on Legislative Facilities	$ 1,500