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September 29-30, 2005
Wyoming Oil and Gas Conservation Commission Building
Casper, Wyoming
Senator John Barrasso,
Cochairman
Representative Dave
Edwards, Cochairman
Senator Tex Boggs
Senator Gerald Geis
Senator Ray Peterson
Senator Michael Von
Flatern
Representative Floyd
Esquibel
Representative Gerald Gay
Representative Mary Meyer
Gilmore
Representative Bryan
Pedersen
Representative Mick Powers
Representative Jim Slater
Representative Tom Walsh
Representative Dan Zwonitzer
Gerald W. Laska, Staff Attorney
(None)
Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
Co-Chairman Barrasso 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.
Charles Pecchio and Skip Nielsen of Verifications Solutions, Inc. ("Verisol") addressed the Committee. Using a PowerPoint presentation (Appendix 3). They explained the web-based system offered by their company to conduct real-time insurance coverage verification. They offered the following advantages of their company's system:
· The software directly accesses the insurance companies' data, so there is no need for a state agency to create and maintain a new database or conduct large data transfers;
· The software is customizable for a particular state's needs;
· Queries can be one at a time or in batches;
· Increased insurance compliance reduces uninsured losses and UM premiums;
· Queries can be by name, license plate, vehicle identification number, policy number or a unique key number;
· The system can be accessed using the internet, telephone keypads, barcodes, magnetic stripes or smart cards;
· The system is secure, with access limited to authorized personnel and data transfers encrypted.
In response to questions from Committee members, Mr. Pecchio stated that he is not aware of any competitors currently using real-time direct access to insurance companies, that Utah experienced a 50% reduction in uninsured motorists after adopting a similar system and that Verisol offers a six-month free pilot program. Mr. Pecchio stated that the company charges one to three cents per query, so the maximum cost if all vehicles in Wyoming were checked monthly would be $270,000 per year. The American Association of Motor Vehicle Administrators is currently working on standards for insurance verification systems.
The following persons spoke in favor of the proposed system: Brent Kunz, on behalf of State Farm Insurance; Jim O'Connor, Department of Transportation; Dave Uchner, on behalf of the American Insurance Association; Dan Perdue, Wyoming Hospital Association; and Sherlyn Kaiser, Wyoming Medical Center.
Representative Walsh moved, seconded by Senator Von Flatern, that the Committee sponsor 06LSO-0149.W1 as a Senate File. The bill would require the Department of Transportation to establish an electronic system to access and verify motor vehicle insurance policies, specifies criteria for the system and requires motor vehicle insurers to provide necessary information for the system.
The Committee amended the bill to add a general fund appropriation of $250,000 and to authorize the Department of Transportation to designate persons authorized to access the verification system.
The motion to sponsor the bill passed on a vote of 14-0, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater, Walsh and Zwonitzer voting yes.
Senator Boggs, seconded by Senator Geis, moved that the committee sponsor 06LSO-0149.W1, "UW alumni specialty license plates."
The committee amended the bill as follows:
· to provide that the license plates would be referred to as "University of Wyoming specialty plates" and available to any resident rather than just alumni\
· to provide that the alumni association will notify the department instead of the county treasurer when an applicant has paid the required fee to the association;
· to make the law effective January 1, 2007.
The motion to sponsor the bill passed on a vote of 11-3, with Senators Barrasso, Boggs and Peterson and Representatives Edwards, Esquibel, Gay, Gilmore, Powers, Slater, Walsh and Zwonitzer voting yes and Senators Geis and Von Flatern and Representative Pedersen voting no.
The Committee recessed for lunch at 12:00 noon and reconvened at 1:30 p.m.
First Lady Nancy Freudenthal addressed the committee. She presented 06LSO-0152.W1 (Appendix 6), which would provide that alcohol exclusion clauses could not be asserted by an insurer to avoid the payment of medical benefits, and 06LSO-0152.W2 (Appendix 7), which goes further by prohibiting alcohol exclusion clauses in insurance policies entirely.
The following persons spoke in support of the bill: Berton Toews, M.D., Wyoming Recovery, LLC; Allison Minugh, Datacorp (Appendix 8); and Robert Bragg, Wyoming Recovery, LLC.
Representative Esquibel, seconded by Representative Walsh, moved that the Committee sponsor the .W1 version of the bill. The motion failed on a vote of 7-7, with Senators Barrasso and Von Flatern and Representatives Edwards, Esquibel, Gilmore, Slater and Walsh voting yes and Senators Boggs, Geis and Peterson and Representatives Gay, Pedersen, Powers and Zwonitzer voting no.
Representative Walsh, seconded by Senator Boggs, then moved that the Committee sponsor the .W2 version of the bill. The motion passed on a vote of 14-0, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater, Walsh and Zwonitzer voting yes.
Del McOmie, Department of Transportation, distributed a status report of multi-lane highway projects previously funded by the Legislature (Appendix 9). He also distributed a summary of a 20-year road widening initiative (Appendix 10). The Department has identified 490 miles of roads that should be widened. To complete the work within 20 years, approximately $75 Million per year would be necessary.
In response to questioning by Committee members, Mr. McOmie advised that the Joint Revenue Interim Committee is proposing a combination of general fund, severance tax and royalty appropriations totaling $120 Million for highway widening.
Senator Geis, seconded by Senator Barrasso, moved that 06LSO-0155.W1 (Appendix 11), which would appropriate $10 Million from the budget reserve account, be tabled. The motion carried on a voice vote.
Lorrie Pozarik, Facilitator of the Governor's Council on Impaired Driving, addressed the Committee. Ms. Pozarik advised the Committee that the Council reviews every national list of ideas for the reduction of impaired driving and selects the best three or four Wyoming solutions for submission to the Governor. The use of ignition interlock devices ("IIDs"), which prevent a car from starting unless the driver passes an automated breath analysis, was the Council's top recommendation two years ago.
Ms. Pozarik stated that 50%-70% of drivers whose licenses are suspended or revoked for alcohol-related offenses continue to drive out of necessity. An IID program should have the following features:
· a short, "hard" license suspension, with a restricted IID license for the balance of the full suspension/revocation period;
· professional installation of the IID, with verification by WyDOT;
· random re-testing of the driver while driving;
· failure of the random test while the vehicle is operating causes the horn and lights to flash until the engine is stopped
Ms. Pozarik distributed copies of draft legislation (Appendix 12) prepared by WyDOT staff that would authorize and IID program and require WyDOT to adopt rules implementing the program. She stated that other states' experience shows a 75% decline in subsequent driving while impaired among drivers using IIDs. She also distributed a fact sheet on ignition interlocks (Appendix 13).
Senator Geis, seconded by Representative Edwards, moved that the Committee sponsor the bill as prepared by WyDOT, with LSO staff to correct it as necessary.
The Committee amended the bill to have the IID program voluntary for the suspended driver instead of mandatory.
The motion to sponsor the bill passed on a vote of 14-0, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater, Walsh and Zwonitzer voting yes.
Leeds Pickering and Brad Howard, Department of Education, explained the draft bill (Appendix 14) to the Committee. The bill would require the Department, in consultation with WyDOT, to adopt rules and regulations for the certification of drivers education courses in high schools, private schools and commercial drivers education schools. The bill further provides that only certified schools could issue certificates of completion for purposes of a 16 ½ -year old driver being exempted from the new restricted drivers license requirement. He also distributed a chart showing drivers education courses offered by district and school (Appendix 15).
Senator Geis, seconded by Representative Pedersen, moved that the Committee sponsor the bill. The motion passed on a vote of 14-0, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater, Walsh and Zwonitzer voting yes.
John Cox, Director, WyDOT, advised the Committee that the Department is requesting 15 additional troopers in its budget, to be funded from the general fund. The Committee members discussed whether the five troopers approved last year were in the standard budget request, the total cost of 15 additional troopers, whether any federal funds would be available for that purpose and whether this Committee should sponsor a bill as a back-up or an addition to the budget process.
Senator Von Flatern, seconded by Representative Walsh, moved that the Committee sponsor the bill (Appendix 16).
The committee amended the bill to increase the appropriation to $3,734,000 for the biennium and to make the bill effective immediately.
The motion to sponsor the bill passed on a vote of 14-0, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater, Walsh and Zwonitzer voting yes.
Shelly Reams updated the Committee on the status of the Wyoming Aviation Enhancement Plan. The Commission intends to request additional funding for education support, but will seek an individual sponsor.
Jim O'Connor distributed a map showing the location of current CDL examination sites (Appendix 17) and a chart showing numbers of examinations given by site and sites which WyDOT proposes to close (Appendix 18).
The Committee recessed for the day at 5:00 p.m.
Co-Chairman Edwards called the meeting to order at 8:00 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
Adjutant General Wright distributed a Military Department report to the Committee (Appendix 19), a report on the maintenance status and needs of the state's armories (Appendix 20) and a packet containing "An Examination of the Long-Term Care Infrastructure for Veterans in Wyoming," and an economic impact analysis of Camp Guernsey (Appendix 21).
General Wright and Lt. Col. Kevin Ciepley advised the Committee that the Department was requesting legislation to correct a problem in the Emergency Management Assistance Compact. The Compact as enacted authorizes the Governor to activate the National Guard for service in other states, but prohibits the members being "under arms" during that service. General Wright noted that the recent experience in the Gulf states following Hurricane Katrina shows that sometimes it is necessary for the Guard members to carry weapons. Lt. Col. Ciepley referenced W.S. 19-13-402 and 19-9-209, copies of which are contained in Appendix 21, which would require amendment to allow the carrying of weapons while serving in other states.
Senator Geis moved that LSO staff be directed to prepare legislation as described and that, following approval of the draft by the Chairmen, that a motion to sponsor the bill be put to the Committee members on a mail ballot. The Senator's motion was approved on a voice vote.
Lt. Col. Ciepley explained the bill (Appendix 22), which would authorize the Military Department to reimburse members for the Servicemembers Group Life Insurance premium offered by the federal government. The purpose of the bill is to encourage enlistments and encourage full use of the federal government's life insurance program. Reimbursements would be limited to those members in good standing who are serving under an enlistment agreement of at least six years.
Representative Edwards, seconded by Representative Walsh, moved that the Committee sponsor the bill.
The Committee amended the bill to make it immediately effective. The motion to sponsor the bill passed on a vote of 13-1, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater and Walsh voting yes, and Representative Zwonitzer voting no.
Lt. Col. Ciepley explained the bill, which would authorize a $500 referral bonus for a member who refers for enlistment a person who subsequently enlists and completes any necessary basic training.
Representative Walsh, seconded by Representative Pedersen, moved that the Committee sponsor the bill.
The Committee amended the bill to revise the definition of "eligible enlistee" to mean any recruit who has not been a member of the Wyoming National Guard for at least six months and to allow sharing of the bonus in accord with the Department's regulations.
The motion to sponsor the bill passed on a vote of 14-0, with Senators Barrasso, Boggs, Geis, Peterson and Von Flatern and Representatives Edwards, Esquibel, Gay, Gilmore, Pedersen, Powers, Slater, Walsh and Zwonitzer voting yes.
Don Ewing and Jana Ginter, Wyoming Veterans Commission, reported to the Committee. They distributed a handout (Appendix 22) containing a summary of disability pension amounts paid to Wyoming veterans, a summary of the state veterans nursing home study, plans for expansion of the Veterans Cemetery Chapel, proposed legislation to increase the property tax exemption for veterans, proposed legislation to authorize a free lifetime conservation stamp for disabled veterans and the commission's exception budget request. General Wright informed the Committee that no legislation is being requested of the Committee, as all of the items in Appendix 22 are either in the budget request or will be brought by individual sponsors.
Sarah Hine, Torrington, addressed the Committee to urge an amendment to the motor vehicle registration statutes so that all terrain utility vehicles could be licensed. She stated that the existing definitions of motorcycles and 4-wheelers, which can be registered, do not cover all terrain utility vehicles. She distributed a packet (Appendix 23) including her written comments, applicable statutes, photos of a small electric car, letters from two other Torrington residents and sales brochures for the types of vehicles at issue.
Senator Geis and Chairman Barrasso advised Ms. Hine that the Committee intends to investigate the definitions and registration of all small vehicles as an interim study topic before the 2007 General Session.
There being no further business, Co-Chairman Edwards adjourned the meeting at 11:50 a.m.
Respectfully submitted,
Senator John Barrasso, Co-Chairman
Representative David R. Edwards, Co-Chairman