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December 16 and 17, 2004
Room 302, Capitol Building
Cheyenne, Wyoming
Senator Curt Meier, Cochairman
Representative Tony Ross, Cochairman
Senators Cale Case, Mike Massie (December 17th), and Kathryn Sessions
Representatives Jim Allen, Pete Illoway, Frank Latta, Tom Lubnau, Marty Martin, Del McOmie and Owen Petersen
Dave Gruver
Other legislators present
Senator John Hanes
Representative Wayne Johnson.
Please refer to Appendices 1 and 2 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
Senator Charlie Scott
Representative Lorna Johnson
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.
Cochairman Ross called the meeting to order at 8:00 a.m. The minutes from the October meeting were amended to reflect the attendance of Representative Lubnau and were approved as amended. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 3 to review the Committee Meeting Agenda.
Elections issues
Secretary of State Meyer introduced the topic of elections code amendments. Deputy Secretary of State Arp explained 05 LSO 188.W4. (Appendix 4). The draft bill amends registration requirements, registration forms and other forms related to elections to ensure compliance with the federal Help America Vote Act. Issues addressed in the bill include when registration is effective, electronic processing of information and separation of information on various elections lists. Secretary Meyer suggested an amendment to clarify that voter registration drives are not permitted. (Appendix 5).
Senator Case moved the Committee sponsor the bill in the upcoming session. The motion was seconded by Representative McOmie. Secretary Meyer explained the proposed amendment would clarify what he believes has always been Wyoming law in that voter registration drives are not permitted because the person registering must personally deliver or mail the registration to the county clerk. The amendment would clarify that the person administering an oath is not a registry agent for purposes of the election code. He emphasized that the oath taker only acknowledges the person signing the oath is who he purports to be.
Representative McOmie moved the proposed amendment. The amendment passed. The main motion passed as amended 11-0. Senators Massie and Scott and Representative Lorna Johnson were absent for all votes on December 16.
Secretary Meyer explained 05 LSO 209.C1 (Appendix 6). The draft bill establishes a trust fund to pay for future election requirements related to HAVA. The funds would not be used for ongoing elections costs, but for increased costs associated with HAVA. Representative McOmie moved the bill be sponsored by the Committee, the motion was seconded by Representative Martin and passed 11-0.
Secretary Meyer explained 05 LSO 210.W2. (Appendix 7) The bill would remove restriction on a person holding office or receiving nomination after winning a primary election if the person fails to file a report of receipts and expenditures. It would also impose a civil penalty for failing to file the same reports. Senator Case moved the bill be sponsored as a Committee bill. Representative Martin seconded.
Senator Case moved to remove the criminal misdemeanor penalty for failing to file and to insert a civil penalty of not more than one thousand dollars. Secretary Meyer suggested the inclusion of language that the penalty imposed shall be in such amount as will deter future actions of a similar nature. The Committee discussed the issue of the appropriate amount of the fee. Senator Case's motion was seconded by Representative Martin. The Committee discussed the issue of the appropriate amount of fees, including whether there should be a provision for attorney fees. The motion was restated to include a civil penalty of up to $1,000 and to remove the criminal misdemeanor for failure to file a receipt and expenditure report. The amendment was adopted. Senator Meier moved to change on page 4-line 6 "shall" to "may". The motion was withdrawn.
Senator Meier moved to amend the draft by inserting that a person will not be subject to any penalty if there were both no receipt nor expenditure of $1,000.00. The motion failed.
Representative Latta moved page 5-line 14 to insert attorney fees of up to $1,000 in place of reasonable attorney fees. The motion failed.
Representative Illoway moved to limit attorney fees to $500. The motion passed. The main motion passed 10-1. Representative Allen voted no.
Secretary of State Meyer explained that his office incurred significant costs related to publishing ballot propositions. (See appendix 8) Representative Ross suggested and the Committee agreed that staff should draft a letter supporting the Secretary's budget request for the Cochairmen's signature.
Corporate annual reports
Secretary Meyer presented a proposed bill allowing corporate annual reports to be filed electronically. (Appendix 8) Representative Illoway moved that the proposal by Secretary Meyer be sponsored as a Committee bill in the next session. The motion passed 11-0.
Conservation districts
Bobbie Frank, Wyoming Association of Conservation Districts, explained 05 LSO 104.W3. (Appendix 9) The bill draft allows for special project areas within conservation districts and modifies conservation district powers. Ms. Frank stated that another point of the bill is to allow the special project area to seek access to certain state loan programs. She provided three written documents which further explains the changes in the bill regarding issues other than special project areas, a paper explaining the draft, and proposed amendments. (Appendices 10a, b and c) She provided a letter of support for the bill from the Wyoming Stockgrower's Association. (Appendix 11).
Joe Evans, Wyoming County Commissioners Association, expressed the Association's support for the bill. He provided a letter from the Association. (Appendix 12).
Scott Zimmerman, Rocky Mountain Farmers Union, supported the bill. He noted the local conservation districts offer support for individual farmers and the federal government. Larry Hicks, natural resource coordinator for a conservation district, supported the bill and noted that the language needs to be updated to recognize the increased activities of conservation districts since the language was initially adopted.
Bruce Hinchey, Petroleum Association of Wyoming, stated that his Association was concerned with more regulation based upon the proposed bill. He supported adopting language proposed by Ms. Frank which states that the conservation district act is not intended to regulate facilities or operations holding a state or federal permit. Marion Loomis, Wyoming Mining Association, expressed the same concerns as Mr. Hinchey. He noted the further concern that the bill provides a perpetual lien on property if an assessment went unpaid.
The Committee discussed the concerns raised at the last meeting regarding an individual landowner's ability to opt out of the special project area and to make the inclusion completely voluntary. Ms. Frank stated the process could not be made completely voluntary since one or two landowners could then stop the construction of a ditch or other project or receive the benefits for free.
Olin Simms, Board of directors, Wyoming Association of Conservation Districts, addressed the issue. The bill would allow for ditch lining and other conservation actions which are necessary due to restrictions on water rights.
Ken Hamilton, Wyoming Farm Bureau, stated that his organization is attempting to address some of the concerns they have with the bill and unless those are addressed his organization will either be presenting amendments to the bill or will be opposing passage of the bill. In its present format the Farm Bureau would oppose the bill.
Representative Illoway moved the Committee adopt the proposed amendments offered by Ms. Frank. Representative Lubnau moved that the amendment to page 33 be amended to read: "No special district formed under this act shall regulate any activity which is subject to regulation under any issued state or federal permit." Representative Lubnau's motion passed. Representative Illoway's motion passed.
Representative Allen proposed an amendment regarding dissolution. (Appendix 13) The motion was amended to include the deletion of the dissolution procedure in the previously adopted amendment proposed by Ms. Frank. The amendment passed.
Representative Allen moved an amendment to limit employment of persons by the district for special project areas. (Appendix 14). The motion failed.
Senator Meier moved page 42-line 10 to insert "up to ten percent (10%) of the assessments" after "Utilize". The motion failed.
Senator Case moved page 30-line 14 After "habitat," insert "enhance stream flows,". The motion failed.
The main motion passed 7-3. Senator Case and Representatives Allen and Latta voted "no".
Contractor licensing
Cochairman Ross explained 05 LSO 171.W5, Contractor Licensing. (Appendix 15) The draft would require contractors and subcontractors to be licensed by the state. If they were licensed by a county or city, the person could work within that jurisdiction.
George Parks, WAM, stated that the issue was not a priority of the municipalities. They appreciated the ability to continue licensing contractors. There was concern as to whether a person with a state license would be authorized to act in a municipality without a municipal license.
Jim Narva, State Fire Marshal, stated that he was most interested in following the bill at this point. He was unsure as to the number of licenses that would be issued.
Bruce Wilson, Wyoming Construction Contractors, opposed the bill. Laurie Urbigkit, Wyoming Association of Realtors, opposed the bill; she suggested tiers of licensing, lower license fees, and that there should be equivalent requirements for local licensing and state licensing. Jonathan Downing, Associated General Contractors, took a neutral stance on the bill. Tim Sommers, AARP, supported the concept of the bill.
The Committee discussed the need for the bill. Following a straw poll the Committee determined not to work the bill. Senator Case noted a conflict and did not participate in the straw poll.
Telecommunications
Mark Stacy and Tim Gates, QSI, addressed the final report for the telecommunications universal service fund. The final report is attached as appendix 16. Mr. Stacy stated that the policy determinations were left for the Legislature, although as consultant they were making some recommendations.
Mr. Stacy outlined the final report. (Appendix 17 is an outline of his testimony). Each of the three models reviewed to determine costs have some deficiency. Thus the numbers in the report cannot be relied upon to make a final determination. The study recommends that the PSC be directed to open an investigatory proceeding to develop better statistics upon which a decision could be based. Regarding the subsidization of multiple lines, the report recommends that the status quo be maintained. The cost to subsidize those is less than $1 per year per subscriber, while the reduction in subsidy would be costly to the individual. Also the determination of the first single line would be costly, possibly using more than the savings in not subsidizing the additional lines. Mr. Stacy recommended additional study of possible new technology's impact on the need for the state USF.
The Committee discussed the report and possible new technologies being implemented in Wyoming. The Committee discussed the need for additional study of the issue. Senator Meier stated that the study would also need to identify the cost to implement the new technologies and to look at what other states have done along those lines. Committee members discussed the need to review current technology rather than study future technology. Mr. Stacy noted that it is not simply the availability of the services, but the cost is the issue to be reviewed.
Jim Woody, Union Telephone Company, stated the study does point out some ambiguities in the state USF. Regarding new technologies, he stated that there is no magic bullet currently. He opposed further study of the new technology issue. The effort would be better spent to adjust the telecommunications laws to increase competition in Wyoming and encourage further telecommunications deployment in Wyoming.
Jody Levine, QWEST, noted that the telecommunications council is studying where broadband service is not in place in Wyoming and why those areas are not served. She believed the study showed that there are inconsistencies in how companies are regulated in the State.
Larry Biggio, telecommunications council, confirmed that the council is reviewing where broadband is not being provided in Wyoming. The intent is to provide that information to industry to determine what incentives are needed to develop broadband in those areas.
Friday, December 17
State water and sewer program
LSO staff explained 05 LSO 208.C1. (Appendix 18) The bill would create a state grant program to provide for municipal sewer hook-ups to residential property for those properties which are served by private septic and which cannot be repaired or replaced because of state or federal law or an agreement entered into by the public entity with jurisdiction over the property. The property owner would be required to pay an amount which would be equal to the cost to repair or replace the septic tank.
Lynne Boomgaarden, Director of the Office of State Lands and Investments and Brad Miskimmins of that Office, addressed the Committee. Ms. Boomgaarden noted that she had only recently become aware of the bill draft. The draft would require additional staff in the Office. There is concern that the draft give enough Legislative direction to the State Loan and Investment Board to implement the program.
Brandon Camarratta, City of Cheyenne, stated that there were 165 residences identified in county pockets. In the last year only three parcels have had this problem in Cheyenne. He also noted that with increased rules for subdivisions the problem should not be as prevalent in the future.
George Parks, WAM, stated that the number of parcels qualifying under the bill for grants is unknown. He supported the general concept of the bill, but noted it was a policy decision for the Legislature.
Bret Jones, City Planner in Gillette, echoed Mr. Parks comments. There is a problem within counties. He noted there were come concerns with some of the language of the bill.
Patrick Collins, Cheyenne City Councilman, spoke in favor of the bill. He noted that as a City grows, a person may be brought into an area in which permission to replace a septic may not be granted, while that person was not under the same restrictions before the growth.
Barry Cook, Green River, stated that the issue is not a problem for the City now but is expected to be in the future with additional annexations. He provided a map illustrating the issue. (Appendix 19)
In response to Committee questions as to how prevalent the issue is throughout the State, Bill Luben, City Attorney in Casper, stated in Casper there are some issues that will be arising around Casper.
Representative Illoway asked that LSO staff research and provide the Committee information on what a 201 agreement is and how it operates.
The Committee took a straw poll on the draft bill and determined not to work the bill based on a 6-6 vote.
Annexation
Cochairman Ross explained the proposal under 103.W6. (Appendix 20) The bill draft was a proposed substitute for 103.W3. The committee discussed which of the two bills to work. Senator Meier moved that the Committee sponsor 103.W6 as a committee bill. The motion was seconded by Representative Martin.
LSO staff explained 103.W6 and the differences from the W3 version. George Parks, WAM, explained proposed amendments to W6. (Appendix 21)
Peter Froelicher, Laramie County Attorney, proposed a different substitute bill. (Appendix 22)
Senator Case moved to delete the concept of business parks from the bill and conform the remainder of the bill. The motion was seconded by Representative Allen. The motion failed.
Representative Lubnau moved to amend page 3-lines 1 through 6 to read:
"(ii) "Business park" means a defined set of parcels which are zoned for siting commercial and industrial businesses outside of a municipality's boundaries and which share a common covenant, development plan, infrastructure or management;". The motion passed.
Representative Illoway moved page 3-line 23 to substitute the definition of contiguous with the definition proposed by Mr. Froelicher on page 2, with the substitution of "touches" for "is contiguous with". Senator Case seconded. The motion failed.
Senator Massie moved to substitute on page 4-lines 11 through "purposes" on line 17, Mr. Froelicher's proposed amendment on landowner's on page 1 to the word "levy". The motion passed.
Senator Sessions moved on page 4-line 20 to strike "one-half mile" and insert "one mile". The motion passed.
Senator Case moved on page 4-lines 21 and 22 to strike the language after "city". The motion passed.
Senator Case moved on page 5-line 2 to delete "one-half mile" and insert "one mile". The motion passed.
Senator Meier moved on page 7-line 8 to strike "or adjacent", with conforming amendments throughout the bill. The motion passed.
Senator Massie moved on page 8-lines 12 through 15 to delete all new language after "way,". The motion failed.
Senator Case moved on page 8-line 12 to delete "including a railroad right-of way". The motion passed.
Representative Illoway moved page 8-lines 12 and 13 to delete "government property". Cochairman Ross ruled that the motion could be made after the remainder of the bill was reviewed.
Senator Meier moved on page 9-line 13 to strike "one-half mile" and insert "one mile" and on page 9-lines 14 and 15 to strike the language after "city". The motion passed.
Senator Case moved on page 16-line 20 to strike "one-half mile" and insert "one mile" and on page 16-lines 21 and 22 to strike the language after "city". The motion passed.
Senator Meier moved page 17 line 20 to delete "(g)" and insert "(c)".
Senator Meier moved on page 19-line 2 to strike "one-half mile" and insert "one mile" and on page 19-lines 3 through 5 to strike the language after "city". The motion passed.
Senator Case moved the amendment proposed by WAM to page 19-line 14. The motion passed.
Representative Illoway moved the amendment proposed by WAM to page 19-line 23, regarding special districts. The motion failed.
Senator Meier moved the amendment proposed by WAM to page 19-line 23 regarding the sketch map. The motion passed.
Representative Illoway moved page 24-line 2 to strike "without" and insert "with". The motion failed.
Senator Case moved to insert on page 24-line 7 the language from page 22-lines 10 to 18 as necessary to prohibit "leapfrogging" from city wholly owned property annexed without notice and a petition until the annexed property is contiguous with the city. The motion passed.
Cochairman Ross moved page 26-line 4 restore sixty days. The motion passed.
Senator Meier moved to change page 27-line 14 from 1 year to 5 years. The motion failed.
Representative Lubnau moved page 28-line 6 to insert the WAM proposed amendment, with the addition of "curb and gutter" after "power lines". The staff was to conform the language as necessary. The motion passed.
Senator Case moved page 28-lines 7 through 9 to delete the language after "15-1-404". The motion failed.
Representative Illoway moved page 8-lines 12 and 13 to delete "government property". The motion passed.
Representative Lubnau moved the WAM proposed amendment to page 53-line 21. The motion passed.
The main motion passed 9-2-3. With Senator Case and Representative Illoway voting no. Senator Scott and Representatives Johnson and Petersen were absent at this point.
The meeting was adjourned at approximately 2:45 p.m.
Respectfully submitted,
___________________________________
Tony Ross, Cochairman