2007 Interim Committee Studies

FIFTY-NINTH WYOMING LEGISLATURE

APPROVED INTERIM COMMITTEE STUDIES

2007 INTERIM

JOINT JUDICIARY INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 Juvenile Probation Services

Juveniles entering the justice system receive disparate treatment, depending on the court in which the juvenile appears and the location of the court. While juvenile courts have access to a wide array of services to treat a juvenile offender, other courts, including district, circuit and municipal courts may, or may not, be able to access services for the juvenile, depending on the location of the court. Early intervention and diversion services for juveniles are often successful in avoiding future involvement with the justice system. The Committee will conduct a comprehensive review of juvenile services that are available to courts at the various jurisdictional levels throughout the state. After the review is complete, the Committee will consider approaches to ensure access to early intervention services for juveniles, regardless of the jurisdictional level or location of the court. This study may extend into the 2008 interim to ensure draft legislation is comprehensive in addressing the availability of services to juveniles involved with the justice system in Wyoming.

Priority 2 DNA post-conviction appeals process

The accuracy of DNA evidence and testing procedures has resulted in a recent increasein the exoneration of persons erroneously convicted of crimes after having spent, in some cases, many years incarcerated. Currently, 41 states have developed some procedures for persons convicted of crimes to appeal their convictions based on DNA evidence, after the normal time periods for appeals have been exhausted. Wyoming is one of 9 states that does not have procedures in place to allow such appeals. The Committee will explore the need for establishing such procedures in Wyoming.

Priority 3 Criminal sentencing review

Wyoming is ranked eighth in the nation in the number of persons incarcerated per capita. Many recent legislative proposals have included establishing increased minimum mandatory sentences and increased maximum sentences. Such sentencing proposals place increased pressure on the corrections system to meet the demands of prisoners remaining within the corrections system for longer periods. Several recent studies, and the experience in Colorado and other states, suggest that ever increasing rates of incarceration and their subsequent budgetary costs are subject to diminishing returns in effectiveness of impact upon crime rates. Some states have conducted reviews of their sentencing procedures and priorities, and have restructured their systems to reduce sentencing and maximize the efficiencies of their corrections system without increasing, and in some cases reducing, the level of crime in the state. The Committee will conduct a comprehensive review of the available data, along with a review of sentencing laws, the application of those laws by the courts, andhow other states have addressed the stresses on the corrections system caused by the sentencing policies of the state. This study may be extended into the 2008 interim to ensure a rational approach to criminal sentencing is proposed, if necessary.

Priority 4 Lien Statutes Study

Last interim, the Committee was charged with reviewing lien statutes and proposing recommended legislative changes. After consideration of proposed legislation based on the work of a group of attorneys appointed by the Wyoming State Bar, the Committee determined that a significantly more comprehensive review of lien statutes was necessary and subsequently proposed legislation to create a lien study task force. That legislation, 07SF0037, failed. The Committee believes a comprehensive study of the lien laws of Wyoming should be conducted, but believes this study may take 2 years to ensure the laws are reviewed thoroughly before proposing legislation. The Committee therefore proposes to begin this study during the 2007 interim, with possible completion of the study, including proposed legislation, during the 2008 interim.

Tentative Meeting Schedule

The Committee anticipates a 1-day meeting in May or June; a 2-day meeting in July; and a 2-day meeting in September.

JOINT APPROPRIATIONS INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 Reports From Agencies

Review reports due from agencies to JAC.

Priority 2 Budget Process

Study potential improvements to the budget process.

~~Priority~~ 3 ~~Game & Fish and DOT Budgets~~ [Note: Study Topic 3 was not approved by Management Council]

Priority 4 Review of Selected Budgets

Study various agency budgets including: livestock board; court ordered placements; and large, multiple agency programs.

Priority 5 AML Funds

Monitor AML funds issues including establishing an AML budget account. [Note: underscored language added by Management Council]

Tentative Schedule

The Committee anticipates two meetings during the interim to be scheduled for late summer and late fall.

JOINT REVENUE INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 Valuation of producer-processed natural gas.

Review the commodity pricing, income estimating and valuation of producer-processed natural gas. The Wyoming Supreme Court recently decided an important case (RME case) regarding the valuation of producer-processed natural gas. The Committee will study how producer processed natural gas is priced and valued in the state including the review of Wyoming Supreme Court decisions on the issue. The Committee may appoint a Subcommittee to study this topic and make recommendations.

Anticipated outcome: Potential legislation modifying the valuation of producer-processed natural gas.

Priority 2 Excise tax collection and distribution.

Study the issue of excise tax collection and distribution with an emphasis on the cost of enacting the sales and use tax exemption on food and the cost to the state and to local governments. 2007 House Bill 93 makes the sales and use tax exemption for food permanent. The Committee will study the overall cost of the exemption to the state and to local governments.

Anticipated outcome: Potential legislation providing political subdivisions with "backfill" revenue or a mechanism to generate additional revenue foregone by the exemption of food for domestic consumption from sales and use tax.

Priority 3 Overview of Title 39.

Study and provide orientation and an overview to the Committee on the structure of Title 39. The Committee will receive training and orientation on Title 39 including imposition, collection and distribution of taxes in this state.

Anticipated outcome: (a) Education of committee members and (b) potential legislation relating to imposition, collection and distribution of various taxes.

Priority 4 Motor vehicle transfer: collection of sales/use tax.

Review the current law with regard to the collection of sales and use taxes on the transfer (sale) of motor vehicles. County clerks are in possession of many motor vehicle titles that have not been delivered to motor vehicle owners pending the payment of sales and use taxes.

Anticipated outcome: Potential legislation that would revise the collection and potential payment structure of sales and use taxes on the transfer of motor vehicles.

Priority 5 Property tax relief

At its October 2007 meeting, the Management Council requested/authorized the Committee to address the topic of property tax relief, and tax relief in general. Governor Freudenthal has proposed a constitutional amendment for the consideration of the Legislature. More information can be found at the Governor's website, http://wyoming.gov/governor

Tentative meeting schedule

Committee anticipates one 2-day meeting in May or June and one 2-day meeting in late summer/early fall. A Subcommittee may need 2 1-day meetings for the purposes of Topic #1.

JOINT EDUCATION INTERIM COMMITTEE

Standard Budget: $40,000

Priority 1 Statutory Studies

(a) Allocation/Use Study: 2006 Laws, Chapter 37, Section 8, directed study of school district use of resources paid under the recalibrated block grant model. Final report due in sufficient time to submit recommendations to the 2008 budget session.

(b) School Configuration Guidelines: 2006 Laws, Chapter 37, Section7(a) requires development of statewide guidelines on configuration of schools for computations under the recalibrated block grant model.

(c) At-Risk: 2007 HB0115 requires review of at-risk resources provided under block grant model and district at-risk strategies and effectiveness, with recommendations on refinement of at-risk model components. Study to include alternative schools and Committee added review of coordinated school health/welfare programs.

(d) Summer School-Extended Day/Instructional Facilitators: 2007 HB0115 requires recommendations on future funding of these components, to continue off-model/categorical or to include as a component within block grant.

(e) Food Services: 2006 Laws, Chapter 37, Section 7(e) requires review of district revenues/expenditures for food service programs and recommendations on addressing program revenue shortfalls.

(f) Student Activities: 2006 Laws, Chapter 37, Section 7(f) requires review of district student activity program expenditures and based on expenditure data, to develop necessary model refinements.

(g) Distance (Virtual) Education: 2007 HB0115 requires development of recommendations on state governance, operation and funding of school district distance education programs.

(h) Hathaway Program: 2007 HB0099 requires analysis and recommendations on the feasibility of expanding Hathaway Student Scholarship Program to other institutions and student groups.

(i) Community Colleges: Review funding, structure and governance of community college system following receipt of executive branch report. [Note: Underscored language added by Management Council]

(j) Library report: 2006 Laws, Chapter 35, Section 321(c), requires a report on the use of funds appropriated to the Wyoming State Library, University of Wyoming and each community college for library materials and fund effectiveness in enhancing library services, and University efforts to reapply for Greater Western Library Alliance and Association of Research Libraries membership. [Note: Underscored language added by Management Council]

Priority 2 Career-Technical Education Study.

Developing state policy on career-technical programs through the preparation of highschool students for a full range of post-secondary options, including two and four yearcollege, apprenticeship, military and formal employment training, connection of academic and technical curriculum grounded in academic and industry standards, institution of innovative strategies for ensuring student access to career choices as wellas opportunities for work-based learning, dual enrollment in related post-secondary education and a seamless transition to career-technical programs or other post-secondary options. The goal is to provide students with career options in the highschool curriculum for developing career pathways , inter-connecting academic and career course work, to address high school drop-outs and to connect high school exit requirements with post-secondary/career technical program entry requirements. [Note: This topic was designated by Management Council as "2009 legislation". This indicates that the study was authorized by the Council with the understanding that background work on the topic may commence in the 2007 interim, but with the further expectation that any major legislation on the issue will be developed by the Committee during the 2008 interim for introduction in the 2009 General Session.]

Priority 3 ~~School District Health Insurance.~~ [Note: Study Topic 3 was not approved by Management Council]

Priority 4 Higher Education Quality Improvement Initiatives.

Meet with representatives of the University of Wyoming and the community colleges to review their programs and long range plans, including the University's academic plan. Examine the overall quality of education at the institutions and how excellence can be achieved through the excellence in higher education endowment and other means. [Note: Underscored language added by Management Council]

Priority 5 School District Local Resources.

Review school district cash flow requirements and develop recommendations and policy on school revenues and revenue distributions. In light of passage of Amendment B to the Wyoming Constitution, the study would investigate the feasibility of redirecting revenue flows currently flowing through counties to school districts to the state in computing distributions to school districts through the school foundation program account. The intent is to simplify the process and ease the burdens imposed upon school districts by protested tax payments, etc.

Tentative Meeting Schedule: Council approved the following meeting schedule: 1 day meeting in May; 2 day meeting in August; 1 day meeting in October; 2 day meeting in December.

JOINT AGRICULTURE, STATE AND PUBLIC LANDS AND WATER RESOURCES INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 Water and Water Management.

Study state water issues and address the need for water management. The committee will consider state water resources, management of streams and rivers, conditions of irrigation systems, water conservation measures, weather modification and instream flows. The Committee would like to include a field trip with one meeting to look at various water issues.

Priority 2 State Lands.

Study issues relating to management of state lands, including forest health management, growth pressures on state lands, conflicts in leasing of state lands and implementation of recommendations from the task force. The Committee would like to include a field trip with one meeting to look at various state lands issues. The tour may include the Duncan Ranch, the BB Brooks Ranch, and lands within the Town of Glenrock.

Priority 3 Department of Agriculture and Other Agencies.

Review the current law with regard to several areas in the department, including weights and measures, fuel quality and blends, pesticides, fertilizers, and damage from prairie dogs. The Committee will consider what changes are necessary to protect agricultural producers and to update the current laws. The Committee will address as necessary issues from other agencies that routinely come before the Committee, such as the Livestock Board and the State Engineer. [Note: This topic was designated by Management Council as "2009 legislation". This indicates that the study was authorized by the Council with the understanding that background work on the topic may commence in the 2007 interim, but with the further expectation that any major legislation on the issue will be developed by the Committee during the 2008 interim for introduction in the 2009 General Session.]

Priority 4 State Fair Facilities.

Review the current use of the state fair facilities and consider the possibility of expanding the use of the facilities. The Committee would like to include a field trip of the state fair facilities with one meeting.

Tentative Meeting Schedule.

The Committee anticipates one 2-day meeting the end of April in Laramie and one 2-day meeting no later than September 15 in Douglas. Part of each meeting will include a field trip to acquaint the Committee with various issues the Committee is considering. [Note: Underscored language added by Management Council]

JOINT TRAVEL, RECREATION, WILDLIFE AND CULTURAL RESOURCES INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 State Historic Preservation Office

The state historic preservation office is the busiest office in all the western states due to the requirement to review every action on federal lands. The committee will study the resources available to the office and their needs. The committee will also review the historical context efforts of the office.

Priority 2 State Parks

The committee will review the fee structure for state parks and historic sites.The committee will look at funding models used in other states to determine if alternative funding methods would better serve the department.

Priority 3 Game and Fish department

As part of reviewing the game and fish department's comprehensive wildlife conservation strategies, the committee will look again at overall funding for non-game programs and management of sensitive species by the department. The review will focus on the comprehensive wildlife conservation strategies as the basis for determination of those funding needs.

Priority 4 Monitoring of Programs

The committee will receive reports required by statute and updates from various departments under their oversight.

Priority 5 Veteran's Museum.

The committee will study all funding and governance options. [Note: Underscored language added by Management Council]

Tentative Schedule

The committee plans to have a two-day meeting in April, a 1-day meeting in June, a two-day meeting in July and a final two-day meeting in September or October. [Note: Underscored language added by Management Council]

JOINT CORPORATIONS, ELECTIONS AND POLITICAL SUBDIVISIONS INTERIM COMMITTEE

Standard Budget: $30,000

Priority 3 1 Subdivisions

The committee will take a closer look at the subdivision laws as they relate to very large acre parcels. Specifically, the committee will look at optional acreage jurisdiction for counties and disclosure requirements under the subdivision laws.

Priority 1 2 Business friendly vs. Fraud friendly business entity

The federal government has targeted Wyoming as one of three states with business entity laws that have the most potential for fraudulent activities. The committee will work with the secretary of state's office to examine and address those business entity statutes that are causing alarm and anticipates that the secretary of state will assist the committee in drafting needed legislation.

Priority 2 3 Election laws

The committee will look at the statutes governing political action committees and campaign financing. Additionally, the secretary of state has indicated that they may have additional clean-up of the election laws based on new requirements under the Help America Vote Act. The committee will also review Special District election issues. [Note: Priorities changed and Underscored language added by Management Council]

Priority 4 GROUNDWORK FOR FUTURE STUDY: Model Corporation Act

The committee would like to lay the groundwork for review and amendment of the Wyoming corporations act to more closely follow the model corporation act. The committee anticipates that this will be a multi-year study, with the first year consisting of working with the Wyoming state bar to determine the areas where Wyoming law differs from the model act. [Note: This topic was designated by Management Council as "2009 legislation". This indicates that the study was authorized by the Council with the understanding that background work on the topic may commence in the 2007 interim, but with the further expectation that any major legislation on the issue will be developed by the Committee during the 2008 interim for introduction in the 2009 General Session.]

Priority 5 MONITORING: [Note: Council directed that no legislation will be drafted relating to any of the following issues without the prior approval of the Management Council]:

(a) Reports from the Public Service Commission. The committee anticipates receiving several reports from the public service commission regarding implementation of various laws passed this session, including telecommunications and legislation in the electric utility area. The committee does not expect any substantial legislation to be forthcoming from these reports.

(b) Agency reports. Every year there are various agency requests for small statutory changes to clean up their laws. The committee does not anticipate much time on these issues.

(c) Lobbyist disclosure. The committee would like to receive information from the League of Women Voters and the Equality State Policy Center regarding the additional legislation that may be considered regarding lobbyist disclosure. The committee does not anticipate large amounts of staff time to be spent on this topic, but will review proposals brought forth by those entities.

Tentative Meeting Schedule

The committee anticipates one 2-day meeting in the latter half of May, one 2-day meeting in the middle of July and one 2-day meeting in September to precede the council of government meetings in Jackson. The committee does not anticipate needing any other meetings.

JOINT TRANSPORTATION, HIGHWAYS AND MILITARY AFFAIRS INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 WyDoT Funding

Review the overall funding structure of the Department of Transportation, including: sources of funding; adequacy of funding; sufficiency of program user fees in relation to actual program costs; possible alternative funding sources for highway construction (privatization, tolls, new permanent fund); impact of changes in federal funding.

Priority 2 I-80 Issues

Investigate issues related to increasing traffic on I-80, especially truck traffic. The review will include: current and projected traffic levels; highway carrying capacity; widening all or part of the highway to six lanes; relative cost of different construction/reconstruction methods; advisability of a toll road, toll lanes or privatization; feasibility of additional rail lines to relieve highway truck traffic; analysis of potential funding sources for highway and rail improvements.

Priority 3 Military Department - Property Holdings

Review issues related to the Wyoming Military Department's property holdings, including: expansion/improvements at Camp Guernsey; a long-term plan to facilitate use of Camp Guernsey by active duty forces as well as National Guard; income from use of Camp Guernsey; condition of facilities, especially armories; acquisition of leased property at Cheyenne Airport. [Note: Management Council approved Study 3 in so far it relates to Camp Guernsey, with emphasis to be placed on seeking federal funding for Camp Guernsey]

Priority 4 ~~Veterans' Issues~~ [Note: Study Topic 4 was not approved by Management Council]

Priority 5 ~~WyDoT - Statutory Clean-Up~~ [Note: Study Topic 5 was not approved by Management Council]

Tentative Meeting Schedule

The Committee anticipates three 2-day meetings, including one meeting in late May to focus on I-80 issues, one meeting in mid-July to include a visit to selected military facilities and a final meeting in mid to late September to consider proposed legislation.

JOINT MINERALS, BUSINESS AND ECONOMIC DEVELOPMENT INTERIM COMMITTEE

Standard Budget: $25,000

Priority 1 Minerals Issues

(a) AML Issues. This committee will review the mitigation needs and funding necessary to address and mitigate the remaining abandoned mine lands in Wyoming and study and make recommendations on the distribution of funds received from the federal government, from the Surface Mining Control and Reclamation Act Amendments of 2006, Section 411(h), pursuant to 2007 H.R. 6111. Upon receipt, these funds will be deposited into the abandoned mine land funds reserve account.

(b) Coalbed Methane Issues - The Committee will review and consider various issues relating to coalbed methane development, including the use of water and watershed permitting. The Committee will work with the coalbed methane task force, the Wyoming Pipeline Authority, the Department of Environmental Quality and the State Engineer's Office in considering this issue.

(c) Energy Assets, Incentives and Barriers. With America’s drive to energy self-sufficiency and Wyoming’s abundance of energy resources, it is critical that the legislature create a plan for Wyoming’s Energy Portfolio. The Committee will review Wyoming’s energy assets, incentives and barriers for their development, including the involvement of the School of Energy Resources. [Note: Topic 1(c) was designated by Management Council as "2009 legislation". This indicates that the study was authorized by the Council with the understanding that background work on the topic may commence in the 2007 interim, but with the further expectation that any major legislation on the issue will be developed by the Committee during the 2008 interim for introduction in the 2009 General Session.]

Priority 2 Business Issues [Note: The following Issues were designated by Management Council as "2009 legislation". This indicates that the study was authorized by the Council with the understanding that background work on the topic may commence in the 2007 interim, but with the further expectation that any major legislation on the issue will be developed by the Committee during the 2008 interim for introduction in the 2009 General Session.]

(a) Economic Development Programs. Over the years, the Wyoming Business Council has been assigned the responsibility of implementing many new economic development programs. The Committee will review and evaluate the effectiveness and funding of these programs and make recommendations for any necessary statutory changes.

(b) Reports. The Committee will place new emphasis on consideration of reports and updates, which are important to maintaining the integrity and accountability of various programs. The Committee will develop report guidelines for better understanding and presentation.

Priority 3 Economic Development Issues [Note: The following issues were designated by Management Council as "2009 legislation". This indicates that the study was authorized by the Council with the understanding that background work on the topic may commence in the 2007 interim, but with the further expectation that any major legislation on the issue will be developed by the Committee during the 2008 interim for introduction in the 2009 General Session.]

(a) Workforce:

(i) Housing - The Committee will closely monitor the development of the Workforce Housing Infrastructure Program, including development of rules and regulations.

(ii) Training, development and recruitment - Wyoming’s workforce continues to be inadequate to meet the demands of our current economy. The state does not have a well-defined plan for recruitment, development or training. The Committee will focus their efforts on recruitment by working with the Department of Workforce Services. The Committee will also work with the Joint Education Committee and the Department of Education to coordinate workforce training and development needs.

(b) Major industrial projects - The Committee will consider the state role in addressing development of new industrial projects, including potential value added programs and state supported infrastructure development.

(c) Technology-based Economic Development - Strengthening and diversifying Wyoming’s economy must become a priority, and technology-based economic development, broadly dispersed, is critical to that diversification. The Committee will identify and focus on the elements necessary to help create a climate in which the technology industry can thrive and be successful. This will include such topics as the proper role of government, public-private partnerships, and intellectual infrastructure.

Priority 4 Other Agency Issues

The Committee will consider regular agency topics and issues as time allows:

(a) Integrated Resource Planning - The Committee will consider this issue if appropriate draft legislation is presented to the Committee.

(b) Wyoming Residential Mortgages Practices Act - The Committee will consider amendments necessary to update the act. The Committee does not anticipate needing much time for this topic.

(c) Realtors - The Committee will consider dealing with the issue of designated real estate agents. The Committee does not anticipate needing much time for this topic.

(d) Aeronautics Commission - The Committee will consider funding scenarios for airport improvements in Wyoming and to consider infusing more funds into the Wyoming Aeronautics Commission Loan Program.

Tentative Meeting Schedule

The Committee anticipates three 2-day meetings - one in June, one in July and one in September or October.

JOINT LABOR, HEALTH AND SOCIAL SERVICES INTERIM COMMITTEE

Standard Budget: $30,000

Priority 1 Health Care Reform

The Committee will hold a two day meeting and invite the public, interest groups and the Health Care Commission to explain their perspectives on the health care system, its problems and to bring proposals to fix problems. The Committee has done this several times before and each time the result has been the enactment of major legislation, including small group insurance, the Pharmacist program and the intergovernmental transfer act. This meeting will have the additional benefit of educating the majority of the committee members who are new to the Committee on the intricacies of the health care system. The Health Care Commission work on ways to reduce the percentage of the population without insurance should be done by mid- Summer.

Priority 2 Workers' Compensation Update

The Committee will investigate problematic areas since the last major reform conducted in 1993-1995. The public, employees and the Workers' Compensation Division will be invited to a one-day meeting to present problems and opportunities that need legislative attention. This meeting is also intended to rebuild the Committee's expertise.

Priority 3 ~~Department of Family Services/Child Care Licensing~~ [Note: Study Topic 3 was not approved by Management Council]

Priority 4 Review of Reports

The Committee is required to receive numerous reports and will need at least one day to review the reports and hear from the departments concerning their contents. This will help educate new members on the Committee's subject matter jurisdiction and probably result in legislation to correct problems uncovered.

Tentative Meeting Schedule and Special Note:

· Meeting dates were approved as follows: 2-day meeting in August or early September; 2-day meeting in October; 1-day meeting in December.

· Council directed that no new legislation will be drafted for the December meeting without prior Management Council approval except for legislation dealing with reports relating to DD funding, physician assistant training program and EMT retirement.

MANAGEMENT COUNCIL

Standard Budget: $20,000