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October 2-3, 2006
University of
Senator John Barrasso, Co-Chairman
Representative Dave Edwards, Co-Chairman
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
Representative Dave Zwonitzer
Representative Dan Zwonitzer
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.
The Committee met for two days in
The Committee voted to sponsor bills on the
following transportation topics:
- Repeal of mandatory use of bicycle pathways
by bicyclists;
- Regulation of multi-purpose vehicles;
- Recreational vehicle temporary special
sales permit;
- Funding for state park road construction
and maintenance;
- Reassignment of license plates between an
owner's vehicles.
In addition, the
Committee requested that bills be drafted on the following topics, for
submission to the Committee for vote by mail ballot:
- Creation of a joint legislative/executive
committee on Interstate-80 issues;
- Additional funding for WyDoT;
- Interstate agreements for joint ports of
entry; and
- Federal compliance amendments regarding
security of commercial drivers licensees.
The Committee considered military related
legislation on the second day. A bill to
create an executive secretary position for the veterans commission was tabled. The Committee voted to sponsor bills on the
following military topics:
- Military Service Relief Act amendments;
- Criminal background checks for prospective
Military Department volunteers and employees;
- Expressly providing that the National Guard's
activities in state service come under the protection of the
- Authorizing federal procurement procedures
on Military Department contracts related to state lands;
- Authorization of honorary National Guard
enlisted members;
- Funding for state retirement system
contributions on behalf of state employees called to active duty.
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.
Representative
Slater, seconded by Representative Walsh, moved the approval of minutes from
the last meeting. The motion carried on
a voice vote.
Amber Travsky of
Cycle Wyoming, Dave Vandenberg of Friends of Pathways, Inc., and Jay Meyer,
WyDoT Planning Consultant, addressed the Committee regarding several items of
proposed legislation.
Mr. Vandenberg
distributed a letter to the Committee on behalf of Friends of Pathways in
Mr. Meyer and WyDoT
Director John Cox stated that WyDoT is in favor of the repeal, as the pathway
requirement was deleted from the Uniform Vehicle Code in 1976, most states have
repealed it and the law can create an unsafe mix of users and speeds on pathways.
Senator Boggs,
seconded by Representative Gay, moved that the Committee sponsor a bill to
repeal the statute requiring bicyclists to ride on designated bicycle
pathways. The motion carried on a vote
of 11-2. Senators Barrasso, Boggs,
Peterson and Von Flatern, and Representatives Edwards, Esquibel, Gay, Powers,
Slater, Walsh, Dave Zwonitzer voted aye;
Senator Geis and Representative Gilmore voted no.
Mr. Vandenberg and
Ms. Travsky discussed additional legislation requiring motor vehicles to pass bicyclists
at a minimum distance of four or five feet.
Director Cox and Colonel Sam Powell, Wyoming Highway Patrol, advised the
Committee that such a law would be very difficult to enforce but is being
debated nationally. They advised further
study of the idea.
Representative
Martin introduced Bruce Macy of Macy's Truck Repair in
Director Cox and
Colonel Powell advised the Committee that WyDoT is not prepared to support
emergency vehicle status for two trucks, as there are no training or operation
standards for two trucks. They also
noted that emergency vehicle status would not automatically grant tort
immunity.
WyDoT Director John
Cox distributed a binder, with tabbed sections for each of the Department's
planned presentation topics. (Appendix
4)
Jim O'Connor and Tom
Loftin, WyDoT, advised the Committee on the status of the federally-required
Real ID program. Since the last meeting,
the National Governor's Association has estimated the cost of compliance at $11
Billion nationally. That Association
recommended that: the program be fully
funded by Congress; that implementation be staged, with document verification
systems being the first stage; that re-enrollment of drivers be spread over a
ten-year period; that uniform naming conventions be adopted for documentation
and verification; that inter-state reciprocity be added to avoid redundant
identity verifications; and that states be allowed flexibility in the design of
id's and verification methods.
Bob Milburn, WyDoT
Engineering Manager, introduced Gary Schneider and Larry Redd of R&S
Consulting, Inc., who are performing a study of I-80 freight traffic issues for
WyDoT. They made a PowerPoint
presentation (Appendix 5) regarding the significant increases in truck
traffic on I-80 in the last five years, and the even greater increases expected
over the next ten years.
Mr. Schneider and
Mr. Redd identified the following possibilities to deal with the increased
traffic:
·
Re-construct
all of I-80, which is currently 70% asphalt, with a concrete roadway that will
have a 20-year service life;
·
Add a
third lane in both directions for the entire length of the I-80;
·
Build alternate
highway routes across central
·
Increase
the use of computerized "intelligent transportation systems" to
facilitate traffic flow;
·
Promote
a private railroad initiative that would build a "land ferry" system
to carry trucks across
·
Enter
into an coalition with neighboring states to address transportation problems
regionally.
Committee members
generally discussed the identified possibilities, as well as toll roads, the
sale or lease of the highway, materials cost inflation, concrete and asphalt
recycling and the severity of funding shortages to meeting the increased
construction and maintenance costs.
Senator Geis,
seconded by Representative Dave Zwonitzer, moved that the Committee request a
bill to create a joint legislative-executive committee to study I-80 issues, to
be submitted to the Committee for vote by mail ballot. The bill should provide for a study of I-80
traffic handling enhancement, contain a $100,000 appropriation, create a
committee having two senators, two representatives and six governor's
appointees. The motion carried on a
voice vote.
Kevin Hibbard, WyDoT
budget officer, provided the Committee with a summary of the Department's
budget and funding sources. He distributed
a booklet entitled "Operating Budget Presentation." (Appendix 6) According to Mr. Hibbard, the
Department's funding sources are 53.9% federal, 14.7% fuel taxes, 14%
royalties, 10.7% registration fees, 1.3% vehicle fees, 1.4% severance taxes and
1% general funds.
Mr. Hibbard reported
that federal highway funds have been cut this year by approximately $225
Million, or $500 Million for the biennium.
In summary, Mr. Hibbard stated that, adjusted for inflation, the
Department's available revenue for highway construction and maintenance is 30%
of what it was in 1987 and that the Department would need an additional $253
Million to meet construction and maintenance commitments through the current
biennium.
Committee members
generally discussed with Mr. Hibbard and Director Cox the causes of the revenue
shortfall, possible sources of additional revenue and how much of the shortfall
will be in the Governor's budget recommendation.
Representative Walsh
moved that the Committee request a bill to fully fund the shortfall by
appropriating $253 Million for highway construction and maintenance, less
whatever portion of that figure is in the Governor's supplemental budget
proposal, to be submitted to the Committee for vote by mail ballot. The motion carried on a voice vote.
Jim O'Connor, WyDoT
Support Services Division Administrator, and Colonel Sam Powell, Wyoming
Highway Patrol, explained that the bill is the product of a department task
force. It is an effort to regulate
alternative or multi-purpose vehicles, as requested by the Committee at its
previous meeting, in response to the proliferation of newly-designed small
vehicles being used on the roads. Colonel
Powell also stated that the task force
has continued to work on the bill since the LSO draft was prepared and that
several amendments to the bill would be appropriate.
In response to WyDoT
recommendations, the Committee amended the bill as follows:
- Page 5-line 10 After "for" insert "state
or federal official forestry vehicles,".
- Amendments proposed and
distributed by Colonel Powell to reference equipment requirements for
multi-purpose vehicles (Appendix 8);
- Page 5-line 16 After "light trailer” insert
"under one thousand (1,000) pounds".
Senator Von Flatern,
seconded by Senator Geis, moved that the Committee sponsor 07LSO-0099.W1, as
amended. The motion carried 12-1. Senators Barrasso, Geis, Peterson, Von Flatern
and Representatives Edwards, Esquibel, Gay, Gilmore, Powers, Slater, Walsh and
Dave Zwonitzer voted aye; Senator Boggs voted no.
Senator Von Flatern
explained the bill to the Committee.
According to Senator Von Flatern, the bill is an improved version of a
bill introduced during the 2006 budget session to require permitting of
out-of-state recreational vehicle dealers when they attend and sell vehicles at
an RV rally or show in
Senator Von Flatern,
seconded by Senator Geis, moved that the Committee sponsor the bill. The Committee discussed and amended the bill
as follows:
- Page 1-catch title. "Recreational vehicle special sales
permit."
- Page 2-line 20 Delete "each"
insert "its".
- Page 2-line 24 Delete "each
of".
- Page 3-line 1 Delete "officers and
directors" insert "officer".
- Page 3-line 3 Delete "members and
managers" insert "managing member".
- Page 5-line 5 Delete "permit" insert
"event".
- Page 5-after line 8 Insert and renumber:
"(vi)
- Page 9-line 9 Delete "wholesaler"
insert "
The motion to
sponsor 07LSO-0100.W1, as amended, carried on a vote of 13-0.
Milward Simpson and
Pat Green of the Department of State Parks and Cultural Resources, explained
the bill to the Committee. The bill would fund the cost of deferred maintenance
on state park roads.
The Committee
discussed the bill and made the following amendments:
- Page 1-line 2 Delete "construction"
insert "repair"; after "parks" insert "and historic
sites".
- Page 1-line 7 Delete "Nineteen million
dollars ($19,000,000.00)" insert "Seventeen million dollars
($17,000,000.00)".
- Page 1-line 11 Delete
"construction" insert "repair".
- Page 1-line 12 Delete "new";
after "parks" insert "and historic sites"; delete
"four million dollars" insert "two million dollars
($2,000,000.00)".
- Page 1-line 13 Delete
"($4,000,000.00)"; after "expended for" insert "repair
and".
- Page 1-line 14 Delete
"existing"; after "parks" insert "and historic
sites".
Senator Geis,
seconded by Senator Von Flatern, moved that the Committee sponsor
07LSO-0101.W1, as amended. The motion
carried on a vote of 13-0.
Jim O'Connor, WyDoT
Support Services Division Administrator, and Kim Lovett, Laramie County
Treasurer, explained the bill as a simple change to allow treasurers to
reassign a license plate from one vehicle to another vehicle owned by the same
owner. According to Ms. Lovett, the
change has been approved by the Wyoming Treasurers Association.
The Committee
amended the bill as follows:
- Page 1-catch title Delete "transfers" insert
"reassignment".
- Page 1-line 13 Delete
"transferred" insert "reassigned".
Representative
Edwards, seconded by Senator Von Flatern, moved that the Committee sponsor the
bill. The motion carried on a vote of
12-0, with Representatives Walsh and Dan Zwonitzer excused.
·
Secretary of State Joe Meyer addressed the
Committee to explain a proposal to authorize loans from the permanent mineral
trust fund to the state highway fund to construct and maintain state highways,
county roads and municipal streets. (Appendix
12) As proposed, transfers would be
approved by the State Loan and Investment Board and amounts transferred would
be repaid over 15 years with interest at 5%/year from federal mineral
royalties.
George Parks,
Wyoming Association of Municipalities, and Joe Evans, Wyoming County
Commissioners Association, spoke in favor of the proposal. Director John Cox approved of the concept but
stated that it would require a lot of additional work.
The Committee
discussed with the Secretary of State the proposal's cost, constitutionality
and various methods of amending the federal mineral royalties distribution
formula to obtain a revenue stream for repayment to the PMTF. Following the discussion, Senator Geis
volunteered to sponsor the proposal as an individually sponsored bill.
·
Colonel Powell advised the Committee that
WyDoT has agreed with the State of
·
Tom Loftin, WyDoT Drivers Services, advised
the Committee that, as a result of a federal Department of Transportation
audit, a few minor changes are required in the commercial drivers license
statutes for purposes of federal compliance.
He distributed the proposed changes (Appendix 14).
Senator Geis made a
motion that staff prepare the CDL federal compliance bill for the Committee's
consideration by mail ballot. The motion
carried on a voice vote.
·
Shelly Reams, WyDoT Aeronautics Division
Administrator, presented an update on the Aeronautics Commission's civil
aviation education program. According to
Ms. Reams, the Commission is sponsoring a statewide conference of pilots, with
the goals of establishing a website for Wyoming pilots, coordinating training
activities with the Federal Aviation Administration, verifying the identity of
all Wyoming pilots and coordinating with the Wyoming Pilots Association. The Division is not requesting any
legislation.
·
Director Cox expressed concern about the
eminent domain bill being considered by the Minerals Committee. According to Mr. Cox, the bill as drafted so
far would require a jury, rather than a judge, to decide both the necessity of
the public works project and the compensation level. The bill would also require compensation of
landowners at greater than market value.
Mr. Cox called the bill a serious threat to WyDoT's operations and
budget.
·
Pat Collins, WyDoT Engineering and Planning
Engineer, distributed an update on the Department's use of the special $75
Million appropriation for multi-lane highways. (Appendix 15)
The Committee
recessed at 3:35 p.m.
Co-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.
General Ed Wright,
Wyoming Adjutant General, and Major Francisco Romero explained the bill to the
Committee. The bill would clarify that
the protections of the Military Service Relief Act would apply to National
Guard members when on any active duty, including active state service, and that
employees of the community colleges are treated the same as other state
employees for purposes of the act.
Senator Barrasso,
seconded by Representative Walsh, moved that the Committee sponsor
07LSO-0103.W1. The motion carried on a
vote of 13-0.
Major Romero
explained the bill, which would authorize the Military Department to have
criminal background checks performed on applicants for volunteer or employment
positions with the Department. According
to Major Romero, the major concern is with regard to those persons who have
access to minors participating in the Challenge Program at Camp Guernsey, but
that many positions should be screened in the interests of safety and security.
Representative
Walsh, seconded by Senator Barrasso, moved that the Committee sponsor
07LSO-0104.W1. The motion carried on a
vote of 13-0.
Major Romero
explained that the bill was drafted in response to a court case in Hawaii, and
to prevent a similar result in Wyoming.
He explained that if a person is injured as a result of National Guard
activities while in active federal service, the injured person's remedy is
against the United States under the federal Tort Claims Act and not against the
State of Wyoming or the guardsman. In
the Hawaii case, according to Major Romero, the United States as a defendant
was allowed to bring the State of Hawaii back into the case on a theory that
the injury was caused by the State's negligence and the State should therefore
contribute to the payment of the federal government's liability. The proposed bill would prevent that result
by clarifying that the National Guard and its members retain sovereign immunity
when in active federal service.
The Committee
amended the bill on page 2 so that the new paragraph would read as follows:
"(iv) Activities
of the Wyoming national guard members while engaged in training activities or
other duty pursuant to Title 32 of the United States Code, or while engaged in
active state service unless waived as provided in W.S. 1-39-106 through
1-39-112.".
Representative
Walsh, seconded by Senator Geis, moved that the Committee sponsor
07LSO-0104.W1. The motion carried on a
vote of 13-0.
Major Romero
explained the bill to the Committee as an effort to increase efficiency in
contracting procedures. According to
Major Romero, the Military Department frequently uses federal funds for
improvements or services regarding state-owned property, and it would be more
efficient to use either state or federal procurement procedures rather than try
to comply with both at the same time.
The proposed bill would allow the Department of Administration and
Information to authorize federal procurement procedures regarding state
property if it would be more efficient to do so.
Senator Barrasso,
seconded by Senator Geis, moved that the Committee sponsor 07LSO-0106.W1. The motion carried 13-0.
General Wright
explained the bill to the Committee.
Current law allows the designation of honorary commissioned officers of
the National Guard. According to General
Wright, the honorary status is usually conferred upon retirement, and the Guard
would like to have the authority to grant honorary status to enlisted members
as well as officers.
Senator Von Flatern,
seconded by Senator Geis, moved that the Committee sponsor 07LSO-0107.W1. The motion carried 13-0.
General Wright and
Doug Shope, Military Department Deputy Director, explained that current law at
W.S. 9-3-417(c) provides that the state will pay the retirement contributions
of state employees while away on active duty with the National Guard. There is a funding shortfall for this item
because of the unanticipated number and duration of call-ups for the wars in
Iraq and Afghanistan. This bill would
add $125,000 in funding for the balance of the biennium.
Senator Boggs,
seconded by Representative Walsh, moved that the Committee sponsor
07LSO-0194.W1. The motion carried 13-0.
Chairman Edwards
stated that it was his understanding, at the time the Committee requested this
bill at its last meeting, that this would be a fairly simple clarification
bill, but it obviously involved a somewhat controversial reorganization of the
Veterans Commission. He stated that,
absent objection from any of the members, this bill would be tabled for the
time being.
General Wright
provided the Committee with a copy of the Department's annual report on the
Military Assistance Trust Fund (Appendix 23), an overview of the
Department's National Guard armory stationing plan (Appendix 24) and a
summary of current Wyoming National Guard deployments (Appendix 25).
There being no
further business, Co-Chairman Barrasso adjourned the meeting at 9:30 a.m.
Respectfully
submitted,
Senator John
Barrasso, Co-Chairman
Representative Dave
Edwards, Co-Chairman