Committee Meeting Information

October 10-11, 2007

WyDoT Auditorium

Cheyenne, Wyoming

 

Committee Members Present

Senator Michael Von Flatern, Co-Chairman

Representative Dave Edwards, Co-Chairman

Senator Gerry Geis

Senator John Hastert

Senator Wayne Johnson

Senator Bill Landen

Representative Stan Blake

Representative Floyd Esquibel

Representative Timothy Hallinan

Representative Mike Madden

Representative Jim Slater

Representative Dave Zwonitzer

 

Committee Members Absent

Representative Debbie Hammons

Representative Kevin White

 

Legislative Service Office Staff

Matthew D. Obrecht, Staff Attorney

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Executive Summary

 

The Committee met for two days in Cheyenne.   The Committee spent the first day discussing transportation related topics including tolling, federal funding for Wyoming highways, the bridge inspection program, the WyoLink statewide radio network, web-based insurance verification, driver services issues, aeronautics, Wyoming Highway Patrol, and towing issues.

 

The Committee voted to sponsor bills on the following transportation topics:

 

 

October 11th  was spent primarily discussing military issues including the Camp Guernsey airfield upgrade, mental and physical health advocacy for returning veterans, Military Department capital construction projects, current deployments of Wyoming National Guard soldiers and airmen and Veterans Commission issues.

 

The Committee voted to sponsor, as amended, a bill to allow the National Guard members the option to be reimbursed for the cost of one of two federal life insurance premiums.  The Committee voted to have LSO staff draft proposed legislation to create a Veterans Home Down Payment Program to be voted on by mail ballot.

 

No future meeting was scheduled for this interim.

 

Call To Order (October 10, 2007)

Co-Chairman Von Flatern called the meeting to order at 8:20 am.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee Meeting Agenda.

 

Approval of Minutes

Minutes from the July 12-13, 2007 Committee meeting in Douglas were approved.

 

Transportation issues

 

Tolling

Del McOmie, Chief Engineer, WyDoT, discussed tolling with the Committee.  Mr. McOmie told the Committee that Wyoming was not currently authorized by the federal government to toll I-80. If tolling were allowed in Wyoming, Mr. McOmie believed I-80 west of Green River or the Elk Mountain/Walcott Junction area would be the likely areas to toll.  Committee members expressed the opinion that the Committee had time to consider the tolling option before the next federal highway reauthorization bill.  Mr. McOmie stated that WyDoT could compile a study of the benefits/costs of tolling in Wyoming for the Committee, using predominately federal dollars for the study.

 

Federal Funding

Mr. McOmie stated that Wyoming was receiving roughly an eight million dollar ($8,000,000.00) increase in funding this year.  Mr. McOmie reiterated the fact that Wyoming receives 85% of it highway funding from the federal government and any reductions in federal highway funds to Wyoming would have dire consequences for the State's transportation infrastructure as well as its traveling public.  Mr. McOmie finished up by telling the Committee that Senator John Barrasso was meeting with the Secretary of Transportation's Office to discuss designation of I-80 as a "special freight corridor" which would allow for even greater federal funding.

 

Kevin Hibbard, Budget Officer, WyDoT, and Mr. McOmie discussed WyDoT's budget request. WyDoT is asking for a total of $320 million for this fiscal year.  Mr. Kevin Hibbard and Mr. McOmie discussed the inflation rate for construction/industrial materials, which was roughly 40% in 2006 and which has the possibility to increase at an even greater rate in the future.  The need for a continuing funding stream for construction projects so that WyDoT could take advantage of market conditions was reiterated.  While fuel tax is a continuing funding stream, it has already been allocated and cannot be spent on construction materials that may become available at below market price.  Mr. McOmie stressed the need for a reliable, continuing and flexible funding stream.

 

Bridge Inspection Program

B. Pat Collins, Assistant Chief Engineer, Engineering and Planning gave the Committee a presentation titled "National Bridge Inspection Program" (Appendix 3).  The presentation defined key terms used to determine whether a bridge needs to be replaced or repaired.  Mr. Collins pointed out that the terminology used to describe a bridge's condition does not correlate directly to the safety of a bridge.  As an example, Mr. Collins stated that a bridge rated "structurally deficient" is primarily a classification that allows federal funds to be expended on the repair or replacement of the bridge. Of the over 1900 bridges administered by WyDoT, 91 are deficient (80 – structurally deficient, 11 – functionally obsolete).  The presentation also contained graphs of the years the bridges were constructed and a breakdown of Wyoming bridges by age.

 

WyoLink

Tim Hibbard, Assistant Chief Engineer, Operations presented the Committee with an update on the WyoLink statewide public-safety interoperable radio communication system (Appendix 4).  Mr. Tim Hibbard stated that the WyoLink project was on track, with many of its functional tests passed and many system wide technical issues addressed and resolved.  The goal of completing the majority of the WyoLink core infrastructure by the end of 2007 is unchanged, with the most probable cause for delay being tower site acquisition on federal lands.  WyoLink is working with the United States Forest Service, the Bureau of Land Management and WyDoT Right of Way to reduce any possible delays to site acquisition.

 

Real ID

Jim O'Connor, Support Services Administrator, WyDoT, discussed the cost to the State if the federal "Real ID Act of 2005" is implemented. Mr. O'Connor stated that if Real ID is fully implemented, WyDoT Driver Services will need to hire 18 additional employees, purchase equipment to photocopy all documentation presented to verify citizenship for each applicant for a driver's license and expansion of WyDoT Driver Services' Cheyenne facility to accommodate the additional personnel, equipment and storage requirements.  Many questions concerning Real ID cannot be answered until states begin implementing the program. WyDoT is requesting $4.1 million in the next biennium to fund Real ID in the event that it is fully implemented.

 

Tom Loftin, Driver Services, WyDoT gave the Committee two schedules of proposed driver services fee increases, one reflecting an increase in fees to cover current operating costs and the other schedule to cover the costs if Real ID is implemented (Appendices 5 & 6).

 

Web Based Insurance Verification

Mr. O'Connor discussed the conversion to a web based insurance verification system.  The current vendor is "VeriSol". The fee to the State will be 3 cents per car per month, which should work out to roughly $183,000 a year.  Joe Schell, Converse County Treasurer, expressed the opinion that refusing to register an automobile for lack of insurance may become more difficult because the "VeriSol" systems responses to insurance verification queries are "confirmed", "unconfirmed", and "unknown".

 

Other Support Service Issues

Mr. O'Connor gave the Committee a letter dated August 20, 2007 from William H. Arlington, General Manager, Highway and Motor Carrier Program Office, Transportation Sector Network Management, Transportation Security Administration (TSA) (Appendix 7).  The letter requested that WyDoT hand over all information on all non-expired commercial driver's license (CDL) licensed in Wyoming to ensure that no CDL holder is on a terrorist watch list or immigration database, and also to supposedly assure that no CDL holder is incorrectly identified as a match to a name on the watch lists or databases.

 

Mr. O'Connor stated that a committee of county treasurers and clerks would begin meeting with the intent of rewriting/updating  Title 31, Article 2 (Title and Registration) of the Wyoming Statutes.

 

Aeronautics Division

Shelly Reams, Administrator, Aeronautics Division and Amber Schlabs,  Aviation Business and Marketing Program Manager, WyDoT, updated the Committee on the "Fly Wyoming" campaign and the Wyoming Air Service Enhancement Program, respectively.  Ms. Reams gave the Committee the latest Fly Wyoming brochure, which serves as an easy reference guide to Wyoming's 10 commercial airports (Appendix 8).  The advertising campaign has also placed signs in airports around the region to promote flying from a Wyoming airport.  Ms. Reams stated the website "flywyoming.org" has received over 500,000 hits to date.

 

Ms. Schlabs' presentation on Wyoming Air Service Enhancement Program touched upon the contracts the program has assisted in securing for Yellowstone, Natrona County International and Jackson Hole airports (Appendix 9).  Ms. Schlabs stated the Aeronautics Commission has committed roughly $5.46 million to the program, with $2.97 million dispersed so far, and $1.56 reallocated back into the program.

 

Ms. Reams discussed the Airport Improvement Program Budget Request with the Committee (Appendix 10). The Aeronautics Commission has identified $99 million in unfunded airport improvement projects for the next five years (requesting $39.6 million for this biennium), with an additional $7.4 million needed to fully complete projects identified in fiscal year 2009-10 for the Airport Capital Improvement Program.  Ms. Reams stressed the need for long-term, predictable airport funding.

 

Ms. Reams finally introduced the "Wyoming Intra-State Air service Concept Report" to the Committee (Appendix 11).  The report was prepared at the request of the Joint Mineral, Business and Economic Development Interim Committee.  The report was not meant to be a proposal to begin air service, but was merely a concept of how intrastate air service may look in Wyoming, and what initial hurdles would need to be overcome before implementation.  The report concluded that intrastate air service in Wyoming would have to be highly subsidized, and viewed as a mode of public transportation. The concept found to be most favorable would be a 9 city air service (Cheyenne, Laramie, Casper, Riverton, Rock Springs, Jackson, Cody, Sheridan and Gillette) with Casper serving as a hub.  A 5 city pattern and a pattern of service using Cheyenne as a hub were also considered.

 

Wyoming Airport Operators Association

Dave Haring, Vice President Wyoming Airport Operators Association (WAOA), discussed the outreach program being implemented by his association.  The program involves a legislative handbook for Wyoming airports and also tours for legislators.  Mr. Haring encouraged all Committee members to visit their airports for a tour.

 

Wyoming Highway Patrol

Colonel Sam Powell of the Wyoming Highway Patrol advised the Committee that WHP believes a slight increase in the cost of "special" overweight truck permits is necessary. Col. Powell only wants an increase in the cents per mile permit authorized by W.S. 31-18-804.  Col. Powell stated that there were hundreds of oversize/overweight trucks on Wyoming highways at any one time.

 

Wyoming Professional Towing Association

Junior Elmore and Tom Hansen from the Wyoming Professional Towing Association spoke to the Committee  (Appendix 12).  Mr. Elmore and Mr. Hansen expressed their concerns about the rotation policy employed by the WHP and road closure policy.  The Association would also like to have tow truck operators classified as "first responders".  Mr. Elmore and Mr. Hansen told the Committee that they want a better relationship with WHP to develop further standards.

 

Division of Tourism Tour

The Committee toured the current Welcome Center/Division of Tourism offices and proposed locations for a new Welcome Center/Division of Tourism offices.

 

Proposed Legislation

 

Drivers Service Fees (08LSO–59.C1) (Appendix  13)

Jim O'Connor and Tom Loftin explained that the increase in fees was to cover current operating costs, but did not take into account the costs associated with full implementation of the Real ID program.  Rep. Madden, seconded by Sen. Geis, moved that the Committee sponsor the bill.  The motion passed with 12 "ayes" and 2 "excused" (Representatives Hammons and White).

 

Oversize and Overweight Vehicle per Mile Fees

Sen. Geis, seconded by Sen. Hastert, moved to have LSO (at the direction of WHP) draft proposed legislation to increase the fees charged per mile traveled for oversized or overweight trucks.  The motion passed with 11 "aye" and 3 "excused" (Representatives Esquibel, Hammons and White).

 

Fuel Tax-2 (08LSO-92.W2) (Appendix 14)

This bill was drafted at the request of Rep. Hallinan. Rep. Hallinan explained to the Committee that the Fuel Tax-2 bill would increase fuel tax by 5 cents a gallon over 3 years, while a matching stream of revenue would come from the severance tax distribution to the general fund (W.S. 39-14-801).  Rep. Hallinan expressed his belief that the State should use a portion of revenues generated by mineral extraction to compliment a fuel tax increase.  Kevin Hibbard presented the Committee with information on the revenues that would be generated by the proposed legislation (Appendix 15).

 

The Committee had already voted to sponsor a 10 cent fuel tax increase at its July meeting (08LSO-58.C1).  Sen. Hastert, seconded by Sen. Landen, moved that the Committee sponsor 08LSO-92.W2.  The motion failed with 5 Committee members voting "aye" (Senators Landen and Hastert, Reps. Blake, Hallinan and Dave Zwonitzer), 7 voting "no" (Senators Von Flatern, Geis and Johnson; Representatives Edwards, Floyd Esquibel, Madden and Slater) and 2 "excused (Representatives Hammons and White).

 

Meeting Recess

The Committee recessed at 4:00 p.m.

 

Call To Order (October 11, 2007)

Co-Chairman Edwards called the meeting to order at 8:00 am.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee Meeting Agenda.

 

Military Issues

 

Wyoming Military Department

Major General Ed Wright, Wyoming Adjutant General gave the Committee a portfolio containing materials prepared by the Military Department for the meeting (Appendix 16).  All material referenced in this section are located within Appendix 16.

 

General Wright started his discussion by outlining the current deployment of Wyoming National Guard soldiers and Wyoming Air Guard airmen.  The current deployment is 51 soldiers and airmen (Afghanistan, Iraq, and other deployments) which is a surprising low number given the level of deployments since September 11, 2001.  General Wright believes another large deployment may begin soon.

 

The federal government has allocated $88.4 million to the Wyoming Military Department over the next 5 years.  The funds have been, or will be, expended on:

 

 

A document prepared by the Department of Administration and Information, Economic Division was introduced to the Committee.  General Wright explained the document was a best attempt to quantify the economic and population impact to Wyoming if the Camp Guernsey airfield upgrade is funded by the State. 

 

General Wright talked about his great concern that our returning veterans are suffering silently from Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) at a higher rate than in previous conflicts.  General Wright believes that the federal government has generally done an adequate job of addressing this issue, and are currently attempting to do more, but that the Wyoming Military has an obligation to address the needs of its returning soldiers and airmen.  To achieve a higher level of surveillance and advocacy of veterans suffering from PSDI and TBI the Military Department is requesting 2 additional personnel to talk to returning veterans, identify issues they may be dealing with, and refer them to the appropriate services.  General Wright strongly impressed upon the Committee his belief that this is an issue that is of the utmost importance, not only for military personnel, but for American society as a whole and must be dealt with immediately and proactively.

 

General Wright described the process of replacing the Oregon Trail Veterans Cemetery Chapel in Evansville.  Slightly less than $500,000 was appropriated to replace the chapel last legislative session, with the lone bid for the project coming in substantially higher. General Wright informed the Committee that the Military Department may need additional funds to build a new chapel.

 

General Wright discussed the Military Department budget requests.  The State Building Commission had authorized:

 

 

General Wright also expressed his desire to have the flexibility to spend budget allocations with greater latitude between programs.  Committee members opined that the Joint Appropriations Committee was the appropriate committee to hear such a request.

 

General Wright wrapped up his presentation by reiterating the need for the Camp Guernsey Airfield upgrades.  The need for the airfield upgrade does not hinge upon the wars in Iraq and Afghanistan continuing. In fact, if both wars were to end immediately, the number of units using Camp Guernsey would only increase because those units would not be deployed overseas and would have greater training needs.  The upgrades will increase the number of soldiers visiting the Camp, the economic impact to Platte County and the State, as well as the amount of federal dollars that will be spent at the Camp.  General Wright also described the "Camp Guernsey Airfield Upgrade Justification Matrix".  The $9.6 million state funds need for the project will be matched by $14 million from the federal government.  General Wright also supplied a letter from Colonel Robert S. Gissendanner, Commander, Aircraft Maintenance Group, complaining about the amount of air traffic being diverted from Guernsey to Cheyenne and the strain this additional traffic places on the Air Guard facilities in Cheyenne (Appendix 17).

 

Colonel W. Joseph Horam, MC, Wyoming Army National Guard State Surgeon, presented the Committee with proposed legislation for a National Guard Medical Professional Recruitment and Retention Program.  The loss of medical professionals in the National Guard is a nationwide problem.  In Wyoming, the Army National Guard is currently 3 physicians and 1 dentist below optimum numbers, while the Air National Guard is 2 physicians and 2 dentists below optimum numbers.  The retention portion of the proposed legislation creates a $15,000 subsidy per physician or dentist per year (with 20 dentists and physicians in both branches of the Guard the total cost per year would be $300,000).  The recruitment program would pay the out-of-pocket expenses for one WWAMI (the program the State of Wyoming has entered into with the University of Washington Medical School to admit students who agree to return to Wyoming to practice) medical student.  The medical student must agree to fulfill all WWAMI obligations to the State and enlist with appropriate obligations to the Wyoming National Guard.  The recruitment program would cost $12,000 per student per year (with a possible total of 4 medical students in the program per year for a total cost of $48,000 per year).  Colonel Horam believes the proposed legislation would benefit the state as a whole by encouraging more WWAMI graduates to stay in Wyoming after their WWAMI obligation is satisfied.

 

Veterans Commission

Chairman Lee Alley and Executive Director Larry Barttelbort of the Wyoming Veterans Commission presented the Committee a Veterans Commission agenda for the Committee meeting (Appendix 18).  Chairman Alley and Director Barttelbort described the new Wyoming Community Development Authority Returning Veterans Down Payment Program, which establishes a loan program for down payment assistance that matches a veteran's own funding up to $4,000.  The program effectively treats the qualifying veteran as first-time homebuyers even if they have previously owned a home.  The WCDA program is limited to $500,000 and will only be available for loans closed under bonds issued in 2007.  The Veterans Commission requested that the Committee sponsor a bill to permanently fund a veteran's matching down payment loan program and presented different forms that the proposed legislation could take.

 

Debbie Russell, Director, Wyoming National Guard Military Family Assistant Centers and Director Barttelbort described the "Indiana Military Family Leave Act". This act requires employers to allow leave for family members of military personnel who will or have been deployed overseas and to continue the family member's health care benefits at the expense of the excused family member.  Chairman Alley and Director Barttelbort believed that such a program may be beneficial to Wyoming and may come to the Committee in the future for such legislation.  Wyoming families who are effected by overseas deployments have been dealing with those issues and have been treated unevenly across the State. Ms. Russell also described the effects that deployments have on school age children of soldiers who miss school because of a deployment of their mother, father or guardian.

 

Chairman Alley and Director Barttelbort described the Wyoming Veterans Commission Initiatives as of October 2007, which included:

 

 

Issues related to the Wyoming Veterans Commission identified by Chairman Alley and Director Barttelbort:

 

 

 

Proposed Legislation

 

National Guard Life Insurance Contribution Option (08LSO-135.C1) (Appendix 19)

Lieutenant Colonel Shelley R. Fuerst, Wyoming Air National Guard, Commander, 243rd Air Traffic Control Squadron explained the bill to the Committee. The bill would allow reimbursement of the premiums paid by a qualified member of the Wyoming National Guard who chooses to participate in the State Sponsored Life Insurance Program sponsored by the federal government, as opposed to reimbursement for the Service Members Group Life Insurance premiums, which is already allowed in statute.  After discussion, the Committee amended the bill as follows:

 

            - Page 2-line 6  Delete all new language.

            - Page 3-line 10            Delete "premiums" insert "reimbursements".

            - Page 3-line 15            Delete all new language.

            - Page 3-line 20  Delete            ",".

            - Page 3-line 21  Delete "the premium payment of".

            - Page 4-line 2    Delete all new language.

            - Page 4-line 4-5  Delete entirely.

 

Sen. Johnson, seconded by Sen. Hastert, moved that the Committee sponsor 08LSO-135.C1, as amended. The motion carried with 12 Committee members voting "aye" and 2 "excused" (Representative Hammons and White).

 

 

National Guard Medical Professional Retention and Recruitment Program

This proposed legislation was explained by Colonel W. Joseph Horam, MC.  Rep. Hallinan, seconded by Sen. Hastert, moved that the Committee have LSO staff draft proposed legislation to create the program.  The motion failed with 6 Committee members voting "aye" (Senators Hastert and Landen; Representatives Blake, Esquibel, Hallinan and Slater), 6 members voting "no" (Senators Von Flatern, Geis and Johnson; Representatives Edwards, Madden and Zwonitzer), and 2 members excused (Representatives Hammons and White).

 

Veterans Down Payment Loan Program

Chairman Alley and Director Barttelbort explained a framework for the proposed legislation.  That framework would include a legislative appropriation to the Veterans Commission  who would then contract with WCDA to administer the program.  The specifics of the program have not been determined.

 

LSO Staff advised the Committee that the Returning Veteran Down Payment Loan Program proposed legislation raised substantial issues under the Wyoming Constitution and cautioned that any proposed legislation would need to be drafted extremely carefully to survive a constitutional challenge.

 

Rep. Slater, seconded by Sen. Hastert, moved that the Committee direct LSO staff to draft proposed legislation creating the program.  The motion carried with 7 Committee members voting "aye" (Senators Von Flatern, Landen and Hastert; Representatives Edwards, Blake, Madden and Slater), 4 members voting "no" (Senator Geis; Representative Esquibel, Hallinan and Zwonitzer), and 3 excused (Senator Johnson; Representative Hammons and White).

 

Meeting Adjournment

There being no further business, Co-Chairman Edwards adjourned the meeting at 1:30 p.m.

 

Respectfully submitted,

 

 

 

Representative Dave Edwards, Co-Chairman

 

 

 

 

 

 

 

 

 


Appendix

 

Appendix Topic

 

Appendix Description

 

Appendix Provider

1

 

Committee Sign-In Sheet

 

Lists meeting attendees

 

Legislative Service Office

2

 

Committee Meeting Agenda

 

Provides an outline of the topics the Committee planned to address at meeting

 

Legislative Service Office

3

 

National Bridge Inspection Program

 

Describes condition of Wyoming highway bridges

 

WyDoT/Collins

4

 

WyoLink Radio System

 

Updates the status of the WyoLink Statewide Public-Safety Interoperable Radio Communications System

 

WyDoT/T. Hibbard

5

 

Analysis of Drivers Services Fees Without Real ID & VeriSol

 

Lists proposed driver service fee increases without implementation of Real ID and web-based car insurance verification

 

WyDoT/Loftin

6

 

Analysis of Drivers Services Fees Including Reoccurring Real ID & VeriSol Expenditures

 

Lists proposed driver service fee increases with implementation of Real ID and web-based car insurance verification

 

WyDoT/Loftin

7

 

TSA CDL Holder Information Request

 

Request from TSA to WyDoT to turn over data on all Wyoming unexpired CDL holders

 

WyDoT/O'Connor

8

 

Fly Wyoming Brochure

 

Pamphlet guide to Wyoming's 10 commercial airports

 

WyDoT/Reams

9

 

Wyoming Air Service Enhancement Program

 

Update on active contracts under the Wyoming Air Service Enhancement Program

 

WyDoT/Schlabs

10

 

Airport Improvement Program Budget Request, October 10, 2007

 

Lists Aeronautics Commission/Division budget requests for the 2009-10 biennium.

 

WyDoT/Reams

11

 

Wyoming Intra-State Air Service Concept

 

Concept paper exploring the possible configuration and expenses of operating an intra-state air service in Wyoming

 

WyDoT/Reams

12

 

Wyoming Professional Towing Association

 

Presentation from WPTA to Committee

 

WPTA/Elmore

13

 

Driver Service Fees (08LSO-0059.C1)

 

Proposed legislation to increase driver service fees

 

Legislative Service Office

14

 

Fuel Tax-2 (08LSO-0092.W2)

 

Proposed legislation increase fuel tax by 5 cents a gallon over 3 years, while a matching stream of revenue would come from the severance tax distribution to the general fund (W.S. 39-14-801)

 

Legislative Service Office

15

 

08LSO-0092.W2 revenue projections

 

Projection of revenues generated by the implementation of 08LSO-0092.W2

 

WyDoT/K. Hibbard

16

 

Wyoming Military Dept.  presentation to the Committee

 

Military Dept. updates, budget exception request and backup bills.

 

Military Dept./Wright

17

 

Military Air Traffic in Cheyenne.

 

Letter from Commander of Aircraft Maintenance Group complaining of the increased air traffic in Cheyenne due to inadequate condition of Camp Guernsey airfield

 

Military Dept./Wright

18

 

Veterans Commission presentation to Committee

 

Veterans Commission updates, down payment program, military family leave, budget concerns

 

Veterans Commission/Barttelbort

19

 

National Guard Life Insurance Contribution Option (08LSO-0135.C1)

 

Proposed Legislation to allow qualified members of the Wyoming National Guard to be reimbursed for premiums paid for State Sponsored Life Insurance.

 

Legislative Service Office

 

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