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July 13-14, 2006
Senator John Barrasso, Co-Chairman (second
day)
Senator Gerald Geis, Acting Co-Chairman
Representative Dave Edwards, Co-Chairman
Senator Ray Peterson
Senator Michael Von Flatern
Representative Floyd Esquibel
Representative Gerald Gay
Representative Mary Meyer Gilmore
Representative Mick Powers
Representative Jim Slater
Representative Tom Walsh
Representative Dan Zwonitzer
Representative Dave Zwonitzer
Senator John Barrasso, Co-Chairman (first
day)
Gerald W. Laska, Staff Attorney
Please refer to Appendix 1 to review the
Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
The Committee met for two days in
The Committee heard testimony on the second
day concerning military issues, including the Camp Guernsey Master Plan. The Committee voted to consider draft
legislation on service member protection amendments, criminal history check
authorization, preclusion of state contribution for federal torts, federal
procurement procedures on state military property, authorization of honorary
enlisted National Guardsman, veterans commission amendments and an
appropriation for military employee state retirement credits.
The next meeting will be October 2-3, 2006 in
Co-Chairman Edwards
called the meeting to order at 8:30 a.m.
The following sections summarize the Committee proceedings by
topic. Please refer to Appendix 2 to
review the Committee Meeting Agenda.
John Cox, Director,
and Jim O’Connor, Support Services Division Administrator, addressed the
Committee and distributed an information sheet.
Appendix 3. Mr. Cox
advised the Committee that WyDoT redesigned its drivers licenses two years ago,
using standards of American Association of Motor Vehicle Administrators. They are currently the Most secure in the
country, but the federal REAL ID requirements will make the current licenses
obsolete.
The REAL ID
requirements become effective May 11, 2008.
Requirements that will necessitate changes include: no mail in renewals; birth certificated, SSN,
marriage license and name change documentation will be required; license
issuance must be supervised by Homeland Security; photos must be digitized; and
licenses must be manufactured from a special plastic material.
According to Mr.
Cox, WyDoT does not currently have the access to verify required documents or
the technology to produce licenses on the required polycarbonate material. The estimated changeover costs, excluding
machinery, is $4.2 Million. The new
licenses will be required to pass airport screening or enter any federal
building. Mr. Cox stated that implementation
difficulties are being discussed by the National Governors' Conference, but so
far Congress is not considering a bill to make any changes.
Director Cox
addressed the Committee and distributed a summary of WyDoT budgetary considerations. Appendix 4. According to Director Cox, WyDoT perceived
several years ago that the department needs to do better job of education and
communication regarding its budget because there are many misperceptions about
the size and flexibility of the department's funding sources. He made the following additional points:
- Spending power is declining.
Adjusted for inflation, current funds are $500 Million less than in 1998
for all areas, not just highway construction and maintenance;
- The cost of drivers licenses is $5 Million more than the $20/license
fee generates. Other fees are also short
of program costs;
- Wages for department employees are approximately $118 million/year,
of which 33% comes from federal funds.
The recent 3.5% increase and market adjustments applicable to WyDoT will
cost $4.5 Million per year, not
including x-band employees. However, no
general funds were provided, so $3.1
Million will have to come from the highway fund for wage increases;
- The contracted maintenance fund balance has been shrinking and is now
at zero;
- In comparison to other states,
According to
Director Cox, WyDoT has met with Wyoming Association of Municipalities and the
Wyoming Association of County Officers recently and is working on a proposal
for comprehensive road/highway building/maintenance plan. Mr. Cox stated that the current road
situation cannot continue and is heading for a disaster.
The Committee
discussed WyDoT's 2006 funding request for $150 Million for road maintenance,
which was reduced to $75 Million by the legislature. Members noted that
Delbert McOmie,
WyDoT Chief Engineer, advised the Committee that inflation in highway
construction costs has been 150% since 1998, when $210 Million was funded, and
that approximately $500 Million per biennium is needed to catch up with
deferred needs. He stated that a ten
cent increase in the fuel tax would generate approximately $42 Million per year. According to Mr. McOmie, there needs to be a
review of all possible revenue sources, including fees, mineral royalties,
general fund and fuel taxes.
Historically, highways were built with a mix of funding sources.
Senator Geis,
seconded by Representative Gay, moved that the Department be requested to make
a presentation at the next meeting on the details of all departmental fees,
especially those where there is the greatest difference between fee income and
program cost. The motion passed on a voice
vote.
Jonathan Downing,
Wyoming Contractors Association, advised the Committee that, given the funding
situation and materials inflation, many heavy construction contractors are
getting out of highway construction. A
recent project was bid at $190/ton for asphalt, but the actual cost was $540/ton. According to Mr. Downing, the projected cost
of deferred road maintenance will make the school funding situation look small
in comparison.
Jim O’Connor,
Support Services Division Administrator, addressed the Committee and showed a
video on the many types of vehicles on
the market, including small hybrids, off-road vehicles, and neighborhood
electric vehicles, with various terminology, speeds and power. Appendix 5.
According to Mr.
O'Connor, the Department proposes the creation of a task force to work on
legislation providing for the registration and titling of all vehicles, with a
list of minimum required safety equipment.
The task force could include representatives from the Highway
Patrol, county clerks and treasurers, auto
dealers, and the Drivers Services Division.
Mr. O'Connor distributed a preliminary list of topics that would need to
be addressed by the task force, Appendix 6, and emphasized that the
Department is not proposing that WyDoT or treasurers would inspect or monitor
any vehicle's fitness for roadway use.
Senator Geis moved
that the Committee endorse an ad hoc committee to work on a bill, with the
stipulation that alternative vehicles could not be driven on roads with a speed
limit above 30 or 35 mph.
Joel Schell, Wyoming
County Treasurers Association, stated that his organization would be willing to
work on such a project, but the treasurers do not want to be assigned the task
of inspecting or approving the types of vehicles.
The Committee
suggested that the task force also consider liability insurance requirements
and "slow moving vehicle" signage.
Senator Geis moved
that a bill be drafted for the next meeting, incorporating the suggestions of
the WyDoT task force on the issue. The
motion passed on a voice vote.
Colonel Sam Powell,
Wyoming Highway Patrol, expressed surprise at the absence of any industry
representatives here today. According to
Colonel Powell, the Patrol receives at least one call per day regarding the
inability to license or drive alternative vehicles on state roads. He stated that the state must regulate
minimal safety equipment if such vehicles are to be allowed on roads.
Senator John Hines
addressed the Committee and distributed a copy of 2006 Senate File 75,
Recreational Vehicle Special Sales Permit.
Appendix 7. He advised
the Committee that there is an increasing number of events that include an RV
sales component, and that the area needs regulation.
Dan Barks,
representing RV dealers in Gillette and the Gillette CamPlex, stated that he
supports legislation if the temporary sales events will be open to
Senator Geis moved
for a draft bill with two additions as Mr. Barks suggested. Committee members added that the bill should
require out-of-state sellers to notify buyers if the manufacturer has no dealer
in the state for service, and to include a reciprocity requirement by state.
Senator Von Flatern
stated that he has already worked on several of the Committee's suggestions and
distributed proposed amendments to last year's bill. Appendix 8. The motion passed unanimously on a voice
vote.
Jim O’Connor,
distributed proposed related changes to W.S. 31-16-103(c). Appendix 9. Chairman Edwards ruled that, hearing no
objection, the Department's proposal would be added to the draft bill.
Delbert McOmie,
WyDoT Chief Engineer, distributed an outline of I-80 issues. Appendix 10. According to Mr. McOmie, the most significant
impact will be an increase in the truck traffic from an average of 5,000 trucks
and 10,000 vehicles per day today to an average of 12,000-17,000 trucks and
24,000 to 34,000 vehicles per day by the year 2020. He noted that each 100% increase in truck
traffic cuts the roadway life expectancy in half. According to Mr. McOmie, the current
"B" service level on I-80, using national standards, is projected to
decrease to a "C" level overall with a "D" level in the
western part of the state. He estimated
increased maintenance costs of $2 Billion over the next 20 years, and stated
that adding a third lane would cost $3.2 Billion in construction costs
exclusive of land acquisition.
The Committee
discussed generally the possibility of creating a new east-west multi-lane
highway across the center of the state.
Members also discussed with Mr. McOmie the process for closing the
highway during bad weather, the benefits of "intelligent transportation
systems" that monitor road conditions through automation, and the need for
legislative authority if WyDoT is to impose temporary speed reductions during
inclement weather.
According to Mr.
McOmie, WyDoT is installing changeable information signs and cable guard rails
as its budget allows, but would need legislative authority for chain
restrictions or reduced speed limits.
Senator Von Flatern
moved that the Committee authorize the Chairmen to write a letter to Management
Council, requesting the formation of a select committee on I-80 issues,
including highway expansion, an alternative highway corridor and toll roads as
study topics. Chairman Edwards agreed to
write such a letter.
Director Cox advised
that the Department will bring additional information to the Committee at its
next meeting on the issue of temporary speed limit reductions, possibly with
suggested statutory changes.
Shelley Reams,
Wyoming Aeronautics Division Administrator, addressed the Committee concerning
a proposed $500,000 appropriation for aeronautics education and outreach. Appendices 11, 12. According to Ms. Reams, the requested
appropriation would be used to implement the current statutory obligation to
promote aviation via grants to public schools, flying schools and organizations
for training programs. The request
contemplates two new positions. She also
distributed a memo from Talbot Hauffe regarding existing aviation programs in
the community colleges, Appendix 13, and a graphic regarding the
decreased federal funds available for airport development, Appendix 14. Ms. Reams offered to make an additional
report at the next meeting, with proposed legislation, following further
consultation with affected agencies such as the
Community College Commission and Military Department.
Chairman Edwards
suggested that Ms. Reams also address at the next meeting why this request
should not be handled through the
regular budget process.
Pat Green and
Milward Simpson, Department of State Parks and Cultural Resources, addressed
the Committee concerning deferred maintenance needs on state park roads and
distributed a booklet on the topic. Appendix 14. According to Mr. Simpson, the deferred
maintenance has reached a critical stage.
According to the department's contracted study, there is a need for $13
Million to meet the most acute needs and $2 Million per biennium for continuing
maintenance. Suggested funding
possibilities include user fees,
registration fees on RV’s, increase in general fund appropriation, MV
registration fees, gasoline tax, and lottery proceeds.
Representative Walsh
moved for a bill draft for an appropriation to maintain state park roads, with
$15 Million one-time general funds for construction and $2 Million per biennium
for maintenance. The motion passed on a
voice vote.
Senator Geis advised
the Committee that some constituents have complained about the high cost for
attorney's fees when the survivor on a joint vehicle title seeks to have a new
sole title issued. He stated that he
would investigate the issue further, however, and bring an individual bill if
necessary.
Delbert McOmie
advised the Committee that construction cost inflation has been rampant for the
last four years, and that even longtime department employees don’t remember any
similar period. According to Mr. McOmie,
inflation has had a huge impact on contract bidding and the biennial road
condition survey. He stated that in the
year 2000, 65% of
Joel Schell,
Converse County Treasurer, asked the Committee to consider a bill to allow
transfer of license plates between an owner's vehicles at times other than
expiration, which he said is prohibited by an outdated statute. He distributed a memo on the subject. APPENDIX 16.
Senator Geis moved
that a bill be drafted to removed the outdated prohibition. The motion passed on a voice vote.
Delbert McOmie
distributed a summary of WyDoT's planned road construction expenditures using
the extra $75 Million appropriation received from the 2006 Legislature. Appendix 17.
Shelley Reams, WyDoT
Aeronautics Division, distributed copies of the Aeronautics Commission's 2006
Air Service Enhancement Report, Appendix 18, and an excerpt of a
PowerPoint presentation on the five-county Northwest Wyoming Helicopter
Initiative, for sharing a search and rescue helicopter, Appendix 19.
Lynn Berleffi,
Wyoming Outdoor Advertising Association, introduced Dave Butterfield of Lamar
Outdoor Advertising and the Wyoming Outdoor Advertising Association. He showed a video on modern changeable
electronic billboards and distributed a copy of the Association's code of
ethics. Appendix 20
In response to a
question from Representative Slater, Colonel Powell advised the Committee that
the Highway Patrol currently has 14 vacancies and the Department does not plan
to request additional trooper position until the 2008 session. He noted that last year the Highway Patrol
confiscated $19 Million in illegal drugs, including 2,000 grams of
methamphetamine.
The Committee
recessed at 3:35 p.m.
Co-Chairman Edwards
called the meeting to order at 8:30 a.m.
The following sections summarize the Committee proceedings by
topic. Please refer to Appendix 2 to
review the Committee Meeting Agenda.
Major General Wright
and Colonel Steve Mount made a presentation to the Committee regarding the
status of the master plan for expansion of
·
Department's
capital construction requests, Appendix 21, p. 35;
·
"Regional
Economic Impacts of
·
"
·
Map of
·
Memorandum
regarding cost estimate for airfield upgrade, Appendix 25.
General Wright and
Colonel Mount described
The Committee
discussed generally the impact of expansion plans on the Town of
Lieutenant Colonel
Chris Smith and Major Cisco Romero next addressed the Committee concerning
several legislative bills being proposed by the Military Department. Appendix 21, pp. 1-29.
·
Service
Member Protections. Major Romero
described a proposed bill to amend protections for service members, Appendix
21, pp. 5-8. The bill would: clarify that the current 15 days of paid
leave for state employees could be used for training, active federal service or
active state service; specify that the statute's protections apply to community
colleges; and extend the statute's protections from four years to five years of
active service. Representative Slater,
seconded by Representative Walsh, moved that the proposed bill be drafted by
staff for consideration at the Committee's next meeting. The motion carried on a voice vote.
·
Criminal
Background Information. Major Romero
explained that certain language is required in state law if the Military
Department is authorized to access FBI criminal background records for
investigation of prospective employees.
He proposed legislation, Appendix 21, p. 11, to authorize such
access. Senator Boggs, seconded by Senator
Geis, moved that the proposed bill be drafted by staff for consideration at the
Committee's next meeting. The motion
carried on a voice vote.
·
Federal
Tort Claims Act. Major Romero advised
the Committee that a federal court in Hawaii had allowed the joinder of the
State of Hawaii in a suit against a National Guardsman under the Federal Tort
Claims Act, and that conceivably the state could be made to contribute to a
judgment against the United States for National Guard activities. He described a proposed change to the Wyoming
Governmental Claims Act, Appendix 21, p. 15, that would clarify that the
State does not waive its sovereign immunity in any case covered by the Federal
Tort Claims Act. Senator Geis, seconded
by Representative Slater, moved that the proposed bill be drafted by staff for
consideration at the Committee's next meeting.
The motion carried on a voice vote.
·
Federal
or State Procurement Procedures.
Lieutenant Colonel Smith advised the Committee that the Military
Department is sometimes confronted with a confusing combination of state law
and federal law requirements when administering lands under the control of the
Military Department. The proposed bill, Appendix
21, p. 19, would amend the Adjutant General's powers under state law to
authorize the use of either state or federal contracting procedures for
agreements concerning lands and improvements under the Department's
control. Representative Dan Zwonitzer,
seconded by Representative Powers, moved that the proposed bill be drafted by
staff for consideration at the Committee's next meeting. The motion carried on a voice vote.
·
Honorary
Enlisted Personnel. Lieutenant Colonel
Smith advised the Committee that current law allows the Adjutant General to
designate honorary officers of the National Guard. The proposed bill, Appendix 21, pp. 23-24,
would authorize the additional designation of honorary enlisted members. Representative Slater, seconded by Senator
Von Flatern, moved that the proposed bill be drafted by staff for consideration
at the Committee's next meeting. The
motion carried on a voice vote.
·
Veterans
Commission Chairman. Major Romero
described proposed changes to the Veterans Commission statute, Appendix 21,
pp. 27-29, that would change the term of the chairman from two years to one
year and would create a director position that would be appointed by the
Governor from among nominees submitted by the commission. Representative Gilmore moved that the draft
be amended to permit a person to hold two consecutive one-year terms as
chairman. The motion passed on a voice
vote. Senator Geis, seconded by
Representative Walsh, moved that the proposed bill be drafted by staff for
consideration at the Committee's next meeting.
The motion carried on a voice vote.
·
Service
Member Retirement Appropriation. Tom
Mann, Wyoming State Retirement Director, advised the Committee that the 2006
Legislature had appropriated $106,000 to pay for the state retirement
contribution of state employees while they were away on active military service
with the National Guard, as provided by W.S. 9-3-417(c). According to Mr. Mann, that amount has been
exhausted because of the unanticipated number activations of employees and
employees serving extended tours of duty.
Mr. Mann offered a proposed bill, Appendix 21, page 33, that
would appropriate an additional $125,000 for fiscal years 2007 and 2008. Senator Geis moved that LSO draft a bill as
proposed for consideration at the Committee's next meeting. The motion carried on a voice vote.
General Wright distributed
a summary of other potential legislative initiatives concerning veterans, Appendix
26, but advised that the Department is not pursuing those before the
Committee at this time.
General Wright
advised the Committee that the Joint Revenue Committee has agreed to sponsor a
bill to increase the lifetime property tax exemption for veterans.
General Wright
advised the Committee that, following further study of these topics, the
Department has decided not to request legislation on these subjects for the
2007 Session.
Mark Hicks, Veterans
Commission, informed the Committee that the study of a possible additional
veterans nursing home is in phase two of the study, results and recommendations
are not expected until next spring or summer.
He further advised that Western Resource Management is the contractor for
the study, and that the Military Department transferred funds to the Department
of Health to award the contract and to monitor the contract.
There being no
further business, Co-Chairman Edwards adjourned the meeting at 1:35 p.m. The next meeting is scheduled for October 2nd
and 3rd in
Respectfully
submitted,
Representative Dave
Edwards, Co-Chairman