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June 30-July 1, 2005
Wyoming State Fairgrounds
Douglas, Wyoming
Senator John Barrasso,
Cochairman
Representative Dave
Edwards, Cochairman
Senator Gerald Geis
Senator Ray Peterson
Senator Michael Von
Flatern
Representative Floyd
Esquibel
Representative Gerald
Gay
Representative Mary
Meyer Gilmore
Representative Mick Powers
Representative Jim
Slater
Representative Tom Walsh
Gerald W. Laska, Staff
Attorney
Please refer to Appendix 1 to review the Committee
Sign-in Sheet for a list of other individuals who attended the meeting.
Senator Tex Boggs
Representative Bryan Pedersen
All meeting materials and handouts provided to the
Committee by the Legislative Service Office (LSO), public officials, lobbyists,
and the public are referenced in the Meeting Materials Index, attached to the
minutes. These materials are on file at the LSO and are part of the
official record of the meeting.
Chairman Edwards called the meeting to order at 8:30
a.m. The following sections summarize
the Committee proceedings by topic.
Please refer to Appendix 2 to review the Committee Meeting Agenda.
First Lady Nancy Freudenthal addressed the committee
regarding her Initiative to Reduce Underage Drinking. Using a PowerPoint presentation (Appendix 3), she advised the
committee that:
·
In
terms of potential years of life lost, the effect of trauma is greater than
that of heart disease, stroke and cancer combined;
·
Alcohol
is involved in most trauma cases, including 49% of motor vehicle accidents, 54%
of pedestrian accidents, 65% of gun shot wounds, 70% of domestic violence
and 85% of stabbings;
·
Brief
alcohol intervention as a routine component of trauma care is effective in
reducing alcohol intake and repeat trauma incidents;
·
Trauma
is the leading cause of death among 18-25 year olds.
Mrs. Freudenthal advised the committee that alcohol
abuse also causes trauma to innocent victims and is a leading cause of
uncompensated trauma care. However,
insurance policies frequently exclude compensation for any loss or claim caused
by the consumption of alcohol. She
stated that the alcohol exclusion clause discourages trauma care providers from
testing for alcohol level, prevents effective alcohol intervention in the
trauma setting, and deprives innocent victims and health care providers of a
source of compensation for their loss or cost of care.
According to Mrs. Freudenthal, the National
Association of Insurance Commissioners previously endorsed an alcohol exclusion
clause in the Uniform Accident and Sickness Policy Provision Law (UPPL), which
Wyoming adopted. However, the
Association has reversed that position and several states have adopted the
revised UPPL, which prohibits use of an alcohol exclusion clause with respect
to a medical expense policy. Mrs.
Freudenthal distributed a handout to the committee, containing the original and
revised UPPL language as well as the alcohol exclusion clause currently required
by W.S. 26-18-126 for disability insurance policies (Appendix 4). Mrs. Freudenthal requested that the
committee consider sponsoring legislation to prohibit alcohol exclusion
clauses, at least as applied to liability portions of such policies.
The Committee discussed the proposal generally,
whether it would remove a disincentive to driving under the influence, whether
the alcohol exclusion clause could be made to apply to the insured only and not
to his victims and whether other statutory changes would be necessary in
addition to the repeal of the original UPPL language or the adoption of the
revised UPPL language.
Senator Barrasso moved that draft legislation on
alcohol exclusion clauses be drafted for the next meeting. The motion was approved on a voice vote.
Sherlyn Kaiser, Wyoming Medical Society, addressed
the Committee regarding the problem of uncompensated trauma care caused by
uninsured and underinsured motorists.
Ms. Kaiser stated that those cases accounted for 32% of all trauma care
write-offs in 2003 and 68% in 2004. She
distributed a table showing WMC trauma write-offs greater than $10,000
(Appendix 5). She noted that most
states require insurance companies to report cancellations to the state's DMV,
and that some do spot checks to verify compliance with mandatory insurance
laws. She requested that the Committee
sponsor legislation to improve compliance with Wyoming's financial
responsibility law.
Dan Lex, on behalf of AIG Insurance Company,
reminded the Committee that in 2004 they had considered a real-time database
solution that would be very expensive to implement. He suggested that random spot checks or targeted checks of up to
10% of licensed drivers would be a cheaper and effective alternative. Mr. Lex distributed a copy of Montana
legislation that would create such a random program (Appendix 6).
Jim O'Connor, Department of Transportation,
distributed copies of the current mandatory insurance statute (Appendix 7) and
told the committee that the Department estimates the rate of uninsured vehicles
at 7% to 16%, and that the usual practice in the courts is to drop the
uninsured charge if the offender buys insurance before the court date. He stated the current system and random sampling
are not timely enough in enforcing compliance.
Mr. O'Connor recommended the Committee consider a real-time system and
offered to arrange for a presentation at the next meeting of an on-line system
offered by a vendor called Verisol. He
distributed a copy of a sales brochure from Verisol (Appendix 8).
The Committee discussed generally the cost of an
on-line system, whether verification should be random or only when a driver is
stopped for other violations, whether law enforcement agencies have sufficient
computer capability to use the system.
Dave Uchner, on behalf of the American Insurance
Association, advised the committee that Wyoming could be in the forefront of
solving a very old problem, and that web-based systems are now available. He distributed copies of a report on online
verification by the Insurance Industry Committee on Motor Vehicle
Administration (Appendix 9) and a copy of his written comments (Appendix 10).
Kevin Bohnenblust and Donald Coy, State Farm
Insurance, supported an on-line system and distributed copies of a State Farm
study called "Wyoming Insurance Reporting: Effects and Consequences of
Initiating a Program" (Appendix 11).
Joel Schell, Wyoming County Treasurers Association,
advised against any system that would require treasurers employees to verify
insurance before issuing tags and registration. He stated that the data reporting system is too slow and has too
many errors, and that treasurers are not law enforcement officials.
Senator Geis moved that a bill authorizing a
real-time verification system be drafted for consideration at the next
meeting. The motion was approved on a
voice vote.
Joe Moore, Director, Office of Homeland Security,
reported to the Committee that his office is required to report to the
Committee by Laws 2003, Chapter 88. He
distributed copies of the written report that was also presented to the
Legislature (Appendix 12).
Representative Slater addressed the Committee
regarding a special University of Wyoming license plate and distributed
proposed bill language (Appendix 13).
Robbie Darnall, Wyoming Alumni Association, described the proposal to
charge an additional $100 per plate, with the funds used by the Alumni Association
for all association activities, including scholarships.
Representative Esquibel moved that a bill be drafted
by LSO staff for the next meeting. The
motion carried on a voice vote.
Earl DeGroot, Western Management Services, LLC,
reported to the Committee on the results of a public survey commissioned by
WyDOT to assess support for new multi-lane highway construction. He distributed copies of his written survey
report (Appendix 14). Approximately 80%
of respondents supported increased highway funding, and 51% supported
additional taxes for highway construction.
Only 12% opposed increased funding, and 42% opposed increased taxes for
highways.
Del McOmie, Department of Transportation, presented
a status report on multilane projects (Appendix 15). He described current construction projects, the priorities for
construction as determined by the Department and the criteria the department
uses to select roads for widening to three or four lanes.
Senator Von Flatern distributed copies of a
statistical analysis of accident and fatality rates on Wyoming highways and the
number of lives that could be saved by improving roads to four-lane status
(Appendix 16). He also distributed a
proposed resolution from the Committee to the Joint Revenue Committee in
support of full funding for four-lane highways and a continuing revenue source
for highways (Appendix 17).
The Committee discussed whether the matter of
four-lane roads falls within the Committee's assigned topics for the interim
and whether a stand-alone bill for an appropriation would be advisable. Senator Geis moved that a bill be drafted
directing the Department of Transportation to continue improving two-lane roads
in the order of its established priorities and providing an appropriation. The motion passed on a voice vote.
Eric Decker, Resource Conservation and Development
Council, spoke in support of the multi-lane proposal and distributed the
Council's position paper (Appendix 18).
Leeds Pickering, Program Manager for Traffic Safety
and Pupil Transportation at the Department of Education, addressed the
Committee. He distributed a packet
containing frequently asked questions about drivers' education, a chart of
classes by school district, W.S. 21-7-303(c) regarding certification of
driver's ed teachers and relevant standards of the Professional Teaching
Standards Board (Appendix 19). Mr.
Pickering suggested to the Committee that a small statutory change authorizing
the Department of Education to certify all driver's education programs would
allow the department to adopt appropriate curriculum and behind-the-wheel
requirements for all public and private driving schools.
Brad Howard, Department of Education, described to
the Committee a department program called "Drive Free," an impaired
driving prevention program for families, schools and communities. He distributed a program brochure (Appendix
20) and study entitled "Efficacy of current driver's education
programs" (Appendix 21).
Senator Geis moved that LSO staff draft a bill for
the next meeting that would authorize the Department of Education to prescribe
minimum standards for drivers' education that would apply to public schools, private
schools, community colleges and home schools for purposes of obtaining an
exemption from the new restricted drivers license. The motion passed on a voice vote.
John Cox, Director, Department of Transportation,
advised the Committee that the Highway Patrol is still in dire need of
additional troopers. Committee members
discussed whether the appropriation for additional troopers should be through
the budget process or by separate bill.
Senator Geis moved that a bill be drafted for the next meeting as a
back-up to the budget process, if necessary.
The motion was approved on a voice vote.
The Committee recessed at 4:45 p.m.
Chairman Edwards called the meeting to order at 8:00
a.m.
General
Wright, Adjutant General, addressed the Committee generally regarding the
status of the Military Department. He
advised the Committee that the heavy use of National Guard troops in the
current Iraq war is in keeping with the Guard's historic role, that fighting a
major war without the Guard is the exception, and that the Abrams Doctrine
provides that there will be no protracted wars in the future without heavy
reliance on the National Guard. As an
example, he noted that 70% of all artillery capacity is in the National Guard
and not the standing army.
General Wright proceeded to identify recent
significant changes affecting the Wyoming Air and Army National Guard:
-
Wyoming has done very well under the latest round of the Base Realignment and
Closure Commission (BRAC) recommendations.
New facilities such as the new National Guard headquarters and
helicopter maintenance facility, which had been slated for construction partly
with state funds, will be paid for entirely under BRAC and Wyoming will acquire
four new C130's, a new hanger and 400 new active air force troops;
-
The Air Force has designated Camp Guernsey as the site for active duty Air
Force security training;
-
Camp Guernsey has been designated one of twelve "heavy" training
sites in the country, so the number of training days at the camp is expected to
triple over the next ten years;
-
There is a severe shortage of military equipment of all kinds because of its
consumption in the Iraq war. Training
sites such as Guernsey will therefore maintain their own inventory of equipment
to be used by visiting training units, as there is not enough to be
commissioned to individual units.
General Wright distributed a written presentation of
subjects that may have legislative or budget impact (Appendix 22). The Department will work with the budget
process concerning additional funding for the education assistance plan,
capital construction needs for the armories, the military assistance trust fund, possible purchase of the Gray Rocks Ranch
near Camp Guernsey and $12 Million in capital needs for Camp Guernsey
necessitated by its expanded training roles.
General
Wright requested Committee support for two bills, both related to recruiting
and retention. The "fill
rate" of positions is close to its lowest historical rate at 81.6%, so the
Department is asking for statutory authority to pay a $500 referral bonus to
members who successfully refer a prospective member, and for authority to
reimburse members for the cost of the federal Servicemembers' Group Life
Insurance (SGLI).
Senator Geis moved that LSO staff be directed to
prepare legislation authorizing reimbursement of SGLI premium, as proposed by
the Department. The motion passed on a
voice vote.
Representative Gay moved that LSO staff be directed
to prepare legislation authorizing a $500 recruitment bonus, as proposed by the
Department. The motion carried on a
voice vote.
Don Ewing, Wyoming Veterans Commission, advised the
Committee that the Commission is currently studying the need for a new veterans
nursing home. An entirely new facility
would cost $12-15 Million, of which the federal Veterans Administration would
pay 65%. Additional items being addressed
through the budget process are an increase in the veteran's property tax
exemption to $5,000, and free conservation stamps for veterans having more than
a 50% service-connected disability.
There being no further business, Chairman Edwards
adjourned the meeting at 9:00 a.m., following which some of the members
participated in a helicopter tour of Camp Guernsey.
Respectfully submitted,
Representative David R. Edwards, Chairman