![[Top]](/images/nav-top.gif){kind=small}
![[Back]](/images/nav-back.gif){kind=small}
![[Home]](/images/nav-home.gif){kind=small}
October 23 and 24, 2003
Room 302, State Capitol
Cheyenne, Wyoming
Representative Wayne Johnson, Cochairman;
Senator Dick Erb, Acting Cochairman.
Senators Larry Caller, Gerald Geis and Bill Vasey;
Representatives Bob Brechtel, Ross Diercks, David Edwards, Floyd Esquibel, Jene Jansen and Tom Walsh.
John Rivera, Senior Staff Attorney
Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
Senator Bill Barton;
Representatives Stan Cooper and Steve Harshman.
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists, and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.
After a morning tour of the Camp Guernsey facility, Chairman Johnson called the meeting to order at 1:30 p.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
In anticipation of the impending resignation of Senator Barton, Senator Vasey moved, seconded by Representative Esquibel, to appoint Senator Erb as acting cochairman. The motion carried unanimously. Senator Geis advised he would contact Senate President April Brimmer Kunz, to inform her of the Committee's action in this matter.
Proposed Draft Legislation
The Committee considered various draft bills relating to veterans and the Military Department.
Representative Walsh explained the bill was a clean up of a bill considered last year. Mr. Don Ewing, Director, Wyoming Veterans' Commission, explained the process applicable to local veteran burial teams.
Senator Vasey moved, seconded by Senator Geis, for the Committee to sponsor the bill as a Senate File. The motion carried unanimously on a roll call, with Senators Caller, Erb, Geis and Vasey and Representatives Brechtel, Diercks, Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Senator Barton and Representatives Cooper and Harshman were excused.
04LSO-0037.L2, Oregon Trail veteran's cemetery
Representative Walsh explained the bill. The bill would appropriate $19,450.00 for master planning for improvements to the Oregon Trail Veteran's Cemetery, which funds may ultimately be reimbursed by the federal government if the master plan is approved and the improvements made. Mr. Burt Widmer described the operation and staffing for the cemetery.
Senator Geis moved, seconded by Representative Jansen, for the Committee to sponsor the bill as a Senate File. The motion carried unanimously on a roll call, with Senators Caller, Erb, Geis and Vasey and Representatives Brechtel, Diercks, Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Senator Barton and Representatives Cooper and Harshman were excused.
04LSO-0073.C1, Soldiers and Sailors Civil Relief Act
Representative Walsh explained the bill. The bill is intended to provide the same protections to national guardsmen who are called to active duty by state officials as the guardsmen would receive if called to active duty by federal officials. The penalties differ from federal law because no imprisonment is authorized under the proposed state law if a creditor violates the law.
Representative Edwards moved, seconded by Representative Brechtel, for the Committee to sponsor the bill as a House Bill. The motion carried unanimously on a roll call, with Senators Caller, Erb, Geis and Vasey and Representatives Brechtel, Diercks, Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Senator Barton and Representatives Cooper and Harshman were excused.
04LSO-0132.C1, National guard educational assistance-training waivers
Representative Walsh explained the bill would incur no additional expenses. It would merely allow the Adjutant General to approve tuition assistance before basic training is completed in those instances where it is warranted. Major General Ed Wright, advised that tab B of Appendix 3 explained the program in detail.
Representative Esquibel moved, seconded by Senator Geis, for the Committee to sponsor the bill as a House Bill. The motion carried unanimously on a roll call, with Senators Caller, Erb, Geis and Vasey and Representatives Brechtel, Diercks, Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Senator Barton and Representatives Cooper and Harshman were excused.
04LSO-0137.W1, Civil air patrol
Chairman Johnson explained the civil air patrol had been created in 1941 and was placed under the Department of Transportation (WyDOT) many years ago. Since the terrorist attacks of September 11, 2001, and the enactment of homeland security measures, the placement of the civil air patrol within WyDOT should change. A better place for the civil air patrol would be within the Military Department as this bill proposes.
Colonel Bill Morton, Wing Commander for the Wyoming civil air patrol, expressed his support of the proposed move. Representative Edwards asked Colonel Morton to provide data with respect to civil air patrol structure in other states.
Representative Edwards moved, seconded by Senator Geis, for the Committee to sponsor the bill as a Senate File. The motion carried unanimously on a roll call, with Senators Caller, Erb, Geis and Vasey and Representatives Brechtel, Diercks, Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Senator Barton and Representatives Cooper and Harshman were excused.
Ms. Shelly Reams, Administrator, Aeronautics Division, asked the Committee to include a transfer of the civil air patrol's search and rescue administration from WyDOT to the Military Department. Senator Geis moved, seconded by Senator Vasey, to include the amendment within the bill, if possible. The motion carried unanimously on a voice vote.
Land Acquisition at Camp Guernsey
Major General Wright distributed Appendix 4 to be incorporated into Appendix 5, both relating to a proposed land acquisition at Camp Guernsey. He explained the need to increase the size of the facility because of the impact area necessary for the effective operation of the facility. Three parcels of land have become available for purchase from the owners of the Osburn Ranch. The Military Department will present the proposed land acquisition opportunities to the State Building Commission, which would then have to request an appropriation before the Joint Appropriations Interim Committee.
The Committee expressed its support for the proposed land acquisition.
After Mr. Dick Hartman distributed a map of the Union Pacific Railroad's headquarters, where Committee members would assemble for a tour the following morning, the Committee recessed at 3:50 p.m.
Cochairman Erb called the meeting to order at 9:15 a.m., after the tour of the Union Pacific Railroad's facility in Cheyenne.
Department of Transportation Issues
Statewide public safety communications system
Mr. Sleeter Dover, Director, WyDOT, requested the Committee consider reintroducing 2003 Senate File 18, Public safety communications, which failed in the Senate last year. He asked that the bill include the Senate amendments that were also considered.
Mr. Robert Wilson, Communications Director, distributed Appendix 6, an executive summary explaining the need for development of a statewide communications system and the changes proposed to the system from recommendations previously made, including using a system employing VHF, rather than an 800MHz system. This change could affect plans made by some cities and towns that already are using the latter system. Mr. Dover distributed a copy of the bill, as introduced last year, Appendix 7.
Senator Geis moved, seconded by Representative Edwards, to direct Legislative Service Office staff to draft a Senate File incorporating 2003 Senate File 18 and related amendments. The motion carried unanimously on a voice vote. After the bill is drafted, staff will send the bill with mail ballot for the Committee to vote for or against introduction of the bill in the 2004 Budget Session.
Oversize loads subcommittee report
Representative Walsh, Chairman of the Oversize Loads Subcommittee, reported no legislation would be required to address issues considered by the Subcommittee. Mr. Dover added that the issues are being resolved administratively, but he wants the Committee to give approval for WyDOT to proceed with the efforts. He distributed Appendix 8, containing information about the Subcommittee and the issues considered. Various members of the Committee expressed their support for continuing efforts to resolve the issues administratively.
Tow truck subcommittee report
Mr. Dover explained that he initially believed that issues relating to towing of overweight vehicles and vehicle combinations could be handled administratively, but later determined that the issues need to be addressed by statute. He distributed Appendix 9, which includes a proposed statutory change to allow WyDOT to issue an annual permit and charge a fee for the permit.
After public comment on the proposed language, Cochairman Johnson moved, seconded by Senator Geis, to direct Legislative Service Office staff to draft a House Bill similar to the language proposed by Mr. Dover, except that the permit fee is to be set at $200.00 and issued to a towing company, not for individual tow trucks. The motion carried unanimously on a voice vote. After the bill is drafted, staff will send the bill with mail ballot for the Committee to vote for or against introduction of the bill in the 2004 Budget Session.
Homeland Security and Defense
Mr. Joe Moore, Director Office of Homeland Security, distributed Appendix 10, a description of the activities his office has undertaken since its creation and the funding provided for various projects.
Proposed Draft Legislation
04LSO-0044.W2, Commercial driver's license-changes.
Mr. Tom Loftin, WyDOT, explained the bill was necessary to address requirements imposed by the federal government and glitches that have occurred over the years. He explained the bill page by page.
Senator Geis moved, seconded by Representative Edwards, for the Committee to sponsor the bill as a House Bill. After amendments to the bill were moved and adopted by the Committee, the motion carried with 9 ayes, 2 nays and 3 excused on a roll call vote, with Senators Caller, Erb, Geis and Vasey and Representatives Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Representatives Brechtel and Diercks voted no. Senator Barton and Representatives Cooper and Harshman were excused.
Amendments to the bill adopted by the Committee include:
Page 5-line 22 Delete "pre-primary, primary" insert "preschool, elementary".
Page 8-line 17 After "offense" insert "under this subsection".
Page 8-line 18 After "of" insert "a".
04LSO-0045.C1, Radioactive materials transportation-amendments.
Senator Vasey advised he had asked this bill to be drafted for Committee consideration.
Mr. Moore explained the current program. He stated that if the fee is increased, the Western Governors' Association, which currently provides the federal funds under a grant, may withdraw that funding. About $200,000.00 has been collected under the existing fee of $200.00 per radioactive package, which is being used to fund the positions necessary to administer the program.
After hearing public comment on the bill, Senator Vasey moved, seconded by Representative Esquibel, for the Committee to sponsor the bill as a House Bill. The motion carried with 6 ayes, 5 nays and 3 excused on a roll call vote, with Senators Caller and Vasey and Representatives Brechtel, Diercks, Esquibel and Johnson, W. voting aye. Senators Erb and Geis and Representatives Edwards, Jansen and Walsh voted no. Senator Barton and Representatives Cooper and Harshman were excused.
04LSO-0046.W2, Child restraints-amendments.
Sargent Troy McLees, Wyoming Highway Patrol, explained the bill. He recommended excluding what the Department of Education regulations refer to as multi-purpose vehicles (MPVs) that are used in some circumstances to transport students. Mr. Leeds Pickering, Department of Education, advised that the Department encourages school districts to use booster seats, where appropriate, when using the MPVs.
After hearing further public comment, Representative Walsh moved, seconded by Representative Jansen for the Committee to sponsor the bill as a House Bill. After an amendment to the bill was moved and adopted by the Committee, the motion carried with 8 ayes, 3 nays and 3 excused on a roll call vote, with Senators Caller and Vasey and Representatives Brechtel, Edwards, Esquibel, Jansen, Johnson, W. and Walsh voting aye. Senators Erb and Geis and Representative Diercks voted no. Senator Barton and Representatives Cooper and Harshman were excused.
Representative Jansen moved to amend the bill on page 2-line 15 by deleting ", vans and other" and inserting language in that subparagraph exempting other vehicles designed and used for public transportation that are "not equipped with safety belts". The motion carried on a voice vote.
04LSO-0171.W3, Emergency Response Act.
Chairman Johnson stated that he had requested staff to work with the State Fire Marshall to prepare the bill for Committee consideration. He also advised that the State Emergency Response Commission (SERC) already exists and he is recommending that perhaps that entity should replace the advisory board that is proposed in the draft bill. The current, federally required, membership of SERC could be included in the draft bill, along with any other members the Legislature wants on the Commission.
Mr. Hartman thinks SERC should include members representing railroads. Mr. Marion Loomis, Wyoming Mining Council, stated he would recommend expanded representation of mining interests on SERC. Ms. Sheila Foertsch, Wyoming Trucking Association, stated the table of materials on pages 17 through 19 do not reflect the amounts specified under the federal Motor Carrier Safety Act. Mr. Hartman added that the railroads are also subject to separate requirements with respect to materials and quantities.
Senator Vasey moved to work the bill. Representative Walsh moved Chairman Johnson's proposal to incorporate SERC into the bill in place of the advisory board. The motion carried on a voice vote. Representative Walsh moved to delete "satisfactory to the local response authority" from page 16-lines 22 and 23. The motion carried on a voice vote. Senator Vasey moved to delete W.S. 35-9-159(b), including the table on pages 17-19 from the bill. The motion carried on a hand vote with 6 ayes and 4 nays. Senator Geis moved to amend Page 9-line 13 to require the rules and regulations have the approval of SERC before being adopted. The motion carried on a voice vote. The Committee also discussed placing the primary responsibility for implementation of the Act with the Office of Homeland Security. Senator Vasey's motion on the bill, as amended, carried on a voice vote, with directions for staff to prepare a revised draft bill for further consideration by the Committee.
Trucking 101
Mr. Brent Taylor, Wyoming Trucking Association, presented a PowerPoint presentation explaining how tractors are designed, how trailer combinations can be configured and the types of loads those tractor-trailer combinations may carry, based on the configuration of the units.
There being no further business, Chairman Johnson adjourned the meeting at 4:15 p.m..
Respectfully submitted,
Representative Wayne Johnson, Chairman