May 21, 2008 Transportation Meeting

Joint Transportation, Highways & Military Affairs Committee

COMMITTEE MEETING INFORMATION

May 21 and 22, 2008

Campbell County Airport

Gillette, Wyoming

COMMITTEE MEMBERS PRESENT

Senator Michael Von Flatern, Co-Chairman

Representative Dave Edwards, Co-Chairman

Senator Gerry Geis

Senator John Hastert

Senator Bill Landen

Representative Stan Blake

Representative Floyd Esquibel

Representative Timothy Hallinan

Representative Debbie Hammons

Representative Mike Madden

Representative Jim Slater

Representative Kevin White

Representative Dan Zwonitzer

COMMITTEE MEMBERS ABSENT

Senator Wayne Johnson

Representative Mike Madden (May 22^nd only)

LEGISLATIVE SERVICE OFFICE STAFF

Ian D. Shaw, Staff Attorney

OTHERS PRESENT AT MEETING

Please refer to Appendix 1 to review the Committee Sign-In Sheet

EXECUTIVE SUMMARY

The Committee met for two days in Gillette, Wyoming. The meeting focused on transportation and highway issues and the Committee received reports from various Wyoming Department of Transportation (“Wyo.DOT”) personnel. The Committee considered several pieces of legislation from prior legislative sessions and asked LSO to prepare new drafts of this legislation. The Committee took a coal mine tour on the first day of the meeting.

The Committee will meet again in July, 2008.

CALL TO ORDER (May 21, 2008)

Co-Chair Von Flatern called the meeting to order at 8:30 a.m. Roll call was taken and a quorum was present.

The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda. At the meeting, Wyo.DOT provided a binder containing most of the materials discussed by its personnel at the meeting. The binder contains 10 tabs and is included as Appendix 3 to these minutes.

I-80 LARAMIE/CHEYENNE COMMUTING REPORT

Mr. Pat Collins, Assistant Chief Engineer with Wyo.DOT , provided a report on Laramie – Cheyenne commuter traffic studies. The specific points of his presentation are contained in Tab 1 to Appendix 3. Generally, Mr. Collins discussed specific studies done to measure commuter traffic and agreed that additional work needs to be done to refine the information. Mr. Collins discussed the Utah Department of Transportation and proposed studying its current commuter transportation system. There also is a system in place in Fort Collins, Colorado that might provide helpful information. Senator Geis suggested polling the general public to determine the level of interest in a commuter system and Co-Chair Von Flatern suggested a formal feasibility study. Mr. Collins did note that the existing numbers may indicate that the project is only marginally feasible because of the relatively low number of drivers involved. However, Mr. Collins warned that the numbers are not conclusive at this point. Mr. Collins agreed with observations by Committee members that the lack of private industry is an indication that the system is not economically feasible.

ROAD CLOSURE LEGISLATION

The Committee first heard from Representative Madden who co-sponsored House Bill 22 during the 2008 legislative session. HB 22 proposed increasing the fine for ignoring a road closure sign from $100 to $750. [Appendix 4.] Senator Hastert explained that the bill died upon concerns over allowing access to local citizens, who must drive a small distance past a closed sign. Colonel Powell from the Wyoming Highway Patrol reviewed a number of road closure considerations, as outlined in Tab 2 to Appendix 3. Col. Powell suggested that it might be necessary to amend the existing chain laws to address the real problems. The chain laws could be strengthened to allow traffic to keep moving and to avoid closing the roads. There was a bill offering such amendments approximately six years ago.

Col. Powell explained that there is a current system for granting closure exceptions to motorists, but that the system has been created out of necessity and with no specific authority and guidance. The Patrol and Wyo.DOT would like a formal system and formal guidance, both of which could be promoted through the amendment offered by Col. Powell. [Tab 2 to Appendix 3.] The amendment would allow the Patrol and Wyo.DOT to grant exceptions to road closures based on the specifically enumerated criteria. Co-Chair Von Flatern noted that the amendment does not allow local law enforcement to grant exceptions. Col. Powell explained that Wyo.DOT has a communications system sufficient to allow it to handle all requests and warned that local law enforcement may not have information about why a road is closed or the related risks.

Senator Geis moved to prepare HB 22 for the Committee’s consideration with the amendments suggested by Col. Powell. The motion was seconded and passed unanimously. During discussion of the motion, Representative Hallinan and Senator Landen questioned whether requiring the four, specific criteria contained in Col. Powell’s proposed amendment would be too restrictive and not allow sufficient leeway for granting other necessary exceptions. Col. Powell explained that the specificity was proposed in response to the Senate’s prior criticism that the proposed law was too ambiguous. Co-Chair Von Flatern opined that the Senate would want the legislation to be specific about the grounds for exceptions so as to prevent any inconsistency or discrimination.

Co-Chair Von Flatern moved to strike the language “resides or is employed in” in proposed (b)(i) and replace it with “whose destination is”. The motion passed.

Public Comment was taken on the legislation and Delbert McOmie, chief engineer for Wyo.DOT, explained the specific process adopted by Wyo.DOT for local commercial operations during road closures. Col. Powell stated that the new amendments he proposed would not prevent the use of this process. John Cox, Director of Wyo.DOT spoke and encouraged the Committee to give them more definition and guidance on the granting of exceptions to drive on closed roads.

The Committee instructed LSO to place this issue on the agenda for its October meeting.

WYO-LINK

Kevin Hibbard of Wyo.DOT addressed the Committee regarding the Wyo-Link communications system. Mr. Hibbard presented and discussed the materials contained in Tab 3 to Appendix 3. With regard to the map contained in Tab 3, Mr. Hibbard stated that all the tower sites marked in yellow should be completed this summer. He explained that the towers marked in red should be done in 2009, but that the Forest Service has significantly slowed the process with their requirements for placement of the towers. Mr. Hibbard stated that there have not been significant changes since he last reported to the Committee, but that the recent appropriation of $12 million should solve the problem of local coverage and allow local entities to get their systems up and running. Mr. Hibbard stated that the Wyo-Link system is adequately funded at this point.

Mr. Hibbard stated that obtaining the necessary frequencies from the FCC is the biggest obstacle to completing the project. Once the frequency licenses are granted, Wyo.DOT will begin lighting up towers, communities will start purchasing consuls and system training will begin. Mr. Hibbard said the system should become operational in late fall, assuming frequency licenses are granted by the FCC. Operation of the system also will depend on local authorities purchasing their consuls and doing the necessary work.

Regarding the use of Wyo-Link towers by private companies, Mr. Hibbard indicated that, at present, no fee is being charged by Wyo.DOT, but that the companies must bear the costs of any such use and that often Wyo.DOT is using a portion of the company’s facilities. The Committee encouraged Wyo.DOT to consider charging for such use. Co-Chair Von Flatern asked that Wyo.DOT present the Committee with more information regarding shared tower use on the Wyo-Link system.

Mr. Hibbard stated that the system is nearing completion and that it will require approximately $500,000 per year in maintenance. It will not require ongoing construction appropriations. Local/portable coverage was not considered in the original cost estimates or appropriations and this portable coverage is what made the additional $12 million appropriation necessary.

BUS DRIVER HOURS AND DUTY

The Committee then turned its attention to the issue of the regulation of school bus driver hours and duty. The Committee considered SF15 from the 2008 legislative session, included as Appendix 5. Co-Chair Von Flatern explained the history of SF 15 and that it was defeated in the Senate upon the belief that its definition of what constitutes on duty and off duty was too ambiguous.

Leads Pickering, from the Department of Education, addressed the Committee. Mr. Pickering is the program manager for pupil transportation. To begin, Mr. Pickering reviewed 5 handouts. [Appendix 6.] Mr. Pickering advocates adopting rules that limit the number of hours a bus driver can be on duty. Mr. Pickering believes that hours of service regulations are necessary because bus drivers generally make such a low wage that they accept extra duty for extracurricular activities which require them to work for many hours. The Department of Education has done a survey and found that 35 of the 48 school districts in Wyoming have no formal hours of service policy.

Upon questioning by Co-Chair Von Flatern, Officer Vernon Poage of the Wyoming Highway Patrol spoke to the Committee and explained the operation of 49 CFR 395. He stated that school bus drivers are not subject to these federal regulations and the idea is to adopt a portion of the hours of operation regulations stated in 49 CFR 395. Copies of 49 CFR 395 were distributed to the Committee and are included as Appendix 7.

Lori Thornburg of Sheridan, Dennis Zezas of Buffalo and Keith Chrans of Gillette all spoke to the Committee and explained how bus driver hours are handled in each of their districts. Each explained that the number of hours required of a bus driver depends on the location of the event to which students are taken. They explained that celebration dinners often run the drivers past their regular hours. Both the Sheridan and Gillette school districts, however, have formal rules limiting hours of service which require those districts to stage drivers or provide multiple drivers for certain trips.

There was considerable discussion about the merits of limiting the distances schools travel, rather than limiting bus driver hours. Co-Chair Von Flatern noted that limiting schools’ activities would be an issue for the Education Committee. Co-Chair Von Flatern explained that the cost of adopting hours of duty legislation will be born by the state, since the state reimburses school districts 100% for their bus driver pay.

Senator Geis then moved the Committee’s consideration of 2008 Senate File 15, a bill considered during the 2008 budget session. The motion failed on a vote of 6 to 7.

I-80 TOLLING REPORT

Delbert McOmie, Chief Engineer with Wyo.DOT, addressed the Committee. He explained the tolling study, detailed in Tab 4 of Appendix 3, which is due to be complete by October of 2008. He will have a draft of the study available at the Committee’s October meeting. Mr. McOmie explained that before I-80 could be converted to a toll road current federal law would require Wyoming to be granted an exception and would require Wyoming to reimburse the federal government for all federal funds spent on I-80. However, significant federal budget shortfalls in the near future may cause the federal government to adopt state-friendly alternatives to encourage states to take over the maintenance and operation of federal highways. These types of changes are being considered in the upcoming federal highway bill and may be necessitated by a 50-60% reduction in Federal Highway Trust Fund monies by 2010. Conversely, Mr. McOmie stated that new federal monies may become available for very large-scale projects and that Wyoming will need to monitor the development of such funding sources over the next 3-4 years.

Mr. McOmie stated that any tolling project, under the best circumstances, would begin construction 3 years from now. The projected revenues from charging each commercial truck load would be approximately $91 million per year. This amount would grow to $209-$340 million as truck traffic continues to grow. Bonding would allow the entire length to be built with the construction costs paid off as the traffic counts grow. Using this method, the project might be complete in 10 years. The project would cost approximately $2.4 billion, which would require a $90 million per year payment. The project could cost $3.39 billion if it is built in stages and paid off over a longer period of time. Mr. McOmie explained that he is not in favor of a public/private partnership to operate a toll road.

Co-Chair Von Flatern stated that the Committee likely will not move on this issue until it receives the feasibility study. Co-Chair Von Flatern also asked that the consultant doing the study consider whether Article 3 §27 of the Wyoming Constitution might prohibit tolling I-80 on the basis that tolling would constitute a special or local law. The Co-Chair then directed the Committee’s attention to the Pennsylvania Statutes. The relevant Pennsylvania statutes and a summary prepared by LSO are included as Appendix 8.

Director Cox spoke and agreed that it may be best to not adopt a specific position on the necessity for converting I-80 to a toll way until the consultants have issued their feasibility study.

The Committee then took public comment on the issue. Sheila Foertsch from the Wyoming Trucking Association stated her organization’s opposition to imposing tolls on existing highways.

RENTAL VEHICLES

Jim O’Connor, Wyo.DOT Support Services Administrator, addressed the Committee concerning rental vehicle registration issues. Mr. O’Connor explained that an honor system currently exists regarding rental companies’ payment of registration fees to Wyoming. The 81 companies and 4 self-haul companies self report their revenues and pay Wyoming 4% of that revenue. Wyo.DOT is currently working to propose changes to Wyoming law which would require quarterly or semi-annual reporting. Mr. O’Connor referred to Tab 5 in Appendix 3. Lacy Bruckner, Senior Compliance Investigator, addressed the Committee and explained that amounts paid as a result of the 4% surcharge can be deducted from Wyoming registration fees. In this way, companies are encouraged to register their vehicles in Wyoming and to pay the 4% surcharge. Ms. Bruckner stated that the industry supports more strict surcharge legislation because it places companies on a level playing field. One current issue is a rising number of reports of rental vehicles not being registered in Wyoming and decreasing surcharge revenues. The Department of Audit discovered underpayment of the surcharge by approximately $13,000 when studying a sample of only 3 companies. Wyo.DOT has formed a committee which intends to do a study and accomplish the goals stated in Tab 5. The newly formed committee already has some language drafted and will come back to this Committee in July with suggestions for amending the Wyoming statutes.

ABANDON VEHICLES

Jim O’Connor addressed the Committee on this subject. A one page summary of the issue is contained in Tab 6 of Appendix 3. The issue is defining what is an abandoned vehicle. At this time, each county treats it differently and there needs to be uniformity so that companies know how to handle abandoned vehicles. Head of the Wyo.DOT motor vehicle division, Debbie Lopez, addressed the Committee. She explained that Wyo.DOT will be forming a committee to address this issue. Mr. O’Connor stated that the committee hopes to have something to the Committee by the October meeting.

Col. Powell reminded the Committee that salvage yard operations are not regulated by Title 31, as are abandoned vehicles, and that they are regulated by the DEQ. He explained that most towing companies do not want to be involved in the salvage business. Upon questioning by Senator Landen, Col. Powell explained that the proceeds of the sale of an abandoned vehicle are supposed to go to the county to fund the abandoned vehicle program, but that, first, the funds must be applied to pay for the towing and storage fees. Representative Madden explained that a portion of all registration fees go to the fund, but that it operates at a low margin and does not pay for itself.

VEHICLE REGISTRATION

Bob Stauffacher of Wyo.DOT addressed this issue and provided information to the Committee. [Tab 7 of Appendix 3.] One of the hardest subjects being considered by the Wyo.DOT committee is the value of the vehicle, i.e. the “factory price.” The factory price determines the registration fee. There are significant inconsistencies within the state which result in inconsistent registration fees for identical vehicles. The Wyo.DOT committee try to present a draft bill at this Committee’s July meeting.

REAL ID

Tom Loftin, from Wyo.DOT’s Driver Services Program, distributed a time line for compliance with the Real ID program, a program being promulgated by the federal government. [Appendix 9.] Wyoming has received an extension until January 1, 2010 to comply with the Real ID requirements. Wyoming is 75% compliant at this time.

Mr. O’Connor discussed those action items which will require a statutory change. The Committee directed LSO to work with Wyo.DOT to draft the necessary legislation before the Committee’s October meeting.

The Committee engaged in a lengthy discussion about the Real ID program and the significant opposition the program has received from the public and various states. Mr. O’Connor explained that Wyo.DOT has written letters to Wyoming’s congressional delegation expressing concern about the program and its burdens. Some states have refused to comply and, at this point, the federal government has taken no action against them. Rather, the federal government has granted them extensions of time to comply.

FEDERAL MOTOR CARRIER SAFETY REGULATIONS

Wyo.DOT provided a handout to the Committee detailing new, proposed rules, published in the federal register on April 9, 2008, which would add requirements for commercial driver’s license testing and commercial learner’s permit standards. [Appendix 10.] The proposed rules require all commercial drivers to go through a certified, accredited driving school before being issued a CDL. Bus drivers are not exempt and such a requirement would harshly impact Wyoming’s school districts, who would then have to get their training programs certified and accredited. Wyo.DOT has submitted comments opposing the rule on the basis that it should not be applied to rural states.

Representative Hammons moved to make a formal objection to the proposed rules during the comment period. The Committee voted in favor of the motion.

FEES FOR TRUCKS

Jim O’Connor spoke to the Committee on this issue. The issue involves the fees charged to commercial carriers for various over-size / over-weight loads. Wyo.DOT is conducting studies to determine if Wyoming’s fee and permit structure is adequate and consistent with surrounding states. Wyo.DOT has formed a committee for the purpose of studying this issue. Mr. O’Connor presented a power point to the Committee which is included as Tab 8 in Appendix 3.

Arlene Weaver, Motor Vehicle Services, spoke to the Committee. She discussed the information contained in Tab 8, including the process for collecting information on the fees paid by motor carriers and the ways in which carriers pay their fees (including self-filing or stopping at a Wyo.DOT facility). She discussed the fees paid by carriers in Wyoming and the surrounding states and compared fuel tax rates. Col. Powell discussed over-size permits and the $25 per trip fee, becoming effective in July. He compared Wyoming’s over-weight permits with the surrounding states, as contained in Tab 8. He explained that an annual permit is available for a carrier who carries the same load, multiple times. There is no annual permit for loads that change from trip to trip. Col. Powell expressed his opinion that the annual permit fee likely does not cover the costs of damage done by repeat over-weight loads.

In response to questions from Representative Madden, both Col. Powell and Sheila Foertsch stated that it has been very difficult to determine the exact fees paid in other states for over-weight / over-size loads. Ms. Foertsch has obtained some data from a private carrier, but is in the process of verifying that information. Col. Powell said that we do know that Nebraska does not charge a significant amount, but that the other surrounding states apply very complicated formula. Col. Powell indicated that he attempted to estimate the costs of a 150,000 pound load in each state and that, by his calculations, Wyoming appeared to be close to other states.

Vern Poage for the Wyoming Highway Patrol also addressed the Committee and explained the formula used for allowable weights. He explained that there is no maximum allowable weight because there is no limit on the number of axels.

Wyoming’s is the 8^th highest registration fee in the U.S. Ms. Foertsch explained that, when adjusted for Wyoming’s low gas tax, Wyoming’s registration fee is 38^th highest in the country.

Co-Chair Von Flatern asked that Wyo.DOT present a useable comparison of fees between surrounding states during the July meeting.

Col. Powell then explained that carriers must have trip permits if they are not registered in Wyoming and are not members of IRP. IRP membership allows a carrier to operate in several states and pay a proportion of registration fees in each state depending on their percentage of operation in each state. Col. Powell also explained that carriers must pay a $15 fuel permit charge, unless they are members of the International Fuel Tax Association (IFTA), in which event no fee is charged.

The Committee then heard testimony about the monies generated by the various fees charged to carriers.

The Committee then considered whether there is adequate staffing for the over-size / over-weight permitting system. Col. Powell described the process which allows trucks to not stop at the border by giving advanced notice of their arrival. 85-90% of all over-size/over-weight loads are handled very efficiently. It is the very large loads, constituting approximately 10% of the over-size/over-weight traffic, which experiences a bottleneck. Col. Powell thought it might be beneficial to develop some sort of electronic database that would allow Wyo.DOT to evaluate those loads. The same information is likely submitted to each state and could be submitted to Wyoming, well in advance of the load’s arrival.

Representative Hammons questioned whether states could work together to permit super-loads so that each state would not have to duplicate work. Col. Powell cautioned that these loads require a specific analysis of state-specific conditions, such as the width and/or weight capacity of bridges and other local conditions. Col. Powell indicated that Wyoming does already use information from other states when appropriate.

Representative Madden asked whether violations of the weight and size permit requirements are a problem. Col. Powell and Mr. Poage gave their opinions that, while it surely does occur, it is not a big problem and that the current fines likely are adequate.

Before leaving the topic, the Committee briefly discussed a past bill by Representative Edwards which would have raised the fine for speeding by a commercial driver. The fine was to be increased by $100. Representative Edwards stated that he believes there should be a $300 surcharge for commercial driver speeding. He thinks there needs to be a very firm deterrent in Wyoming so that all drivers will know that you do not speed in Wyoming. Representative Edwards indicated that he will consider the bill again and asked that LSO have the bill available during the next meeting.

CALL TO ORDER (May 22, 2008)

Co-Chair Edwards called the meeting to order at 8:00 a.m. The following sections summarize the Committee’s proceedings by topic. Refer to Appendix 2 to review the Committee Meeting Agenda.

NON-HIGHWAY CONSTRUCTION UPDATE

Delbert McOmie, Wyo.DOT Chief Engineer, updated the Committee on Wyo.DOT’s activities outside of highway construction. Mr. McOmie summarized the programs and tasks detailed in Tab 9 of Appendix 3. Mr. McOmie discussed projects involving 4 general areas: 1) traveler information, 2) quality of life, 3) transportation for all and 4) government outreach. The substance of Mr. McOmie’s presentation is contained in Tab 9.

When discussing traveler information, Co-Chair Edwards led a discussion concerning restaurant signage on the interstate. The Committee asked Wyo.DOT to consider whether a fee should be charged for the privilege of advertising on these signs. Mr. McOmie suggested that state law might need to be changed to allow charging a fee for such advertising. At present, advertisers are simply responsible for reimbursing all costs for producing the signs. Mr. McOmie agreed to determine what other states are charging for this advertising and/or whether states are allowing private vendors to handle the issue. Mr. McOmie spent considerable time talking about a new traffic management center which will operate 24 hours per day and which will have the capability of controlling all information systems in the state from a single point. Mr. McOmie also discussed the various types of information that will soon be available to all motorists (e.g. wind speed, roadway temperatures, etc.). Mr. McOmie reported that Wyoming has more information available to its drivers during the winter months than any other state in the U.S.

The Committee engaged in a lengthy discussion about junk yard regulation by Wyo.DOT. Mr. O’Connor explained that federal law (Junk Yard Control Act) required Wyoming to change its statutes in the past, but that the federal government failed to permanently fund the new program that was generated. Wyoming’s laws were changed, but the new program was never implemented. Currently, regulation of junk yards is often assumed by county attorneys through public nuisance litigation.

During the presentation, Mr. McOmie also mentioned Wyo.DOT's good relationship with the Indian tribes on the Wind River Indian Reservation. Mr. McOmie mentioned that the Tribes contribute significant sums for the construction and maintenance of roadways within the Reservation. They also have a very good traffic control training program on the Reservation and maintain their own aggregate services.

Approximately $62 million of the Wyo.DOT budget is spent on entities outside of Wyo.DOT.

MULTI-LANE ACCOUNT AND POSSIBLE FUNDING

Director John Cox and Mr. McOmie addressed the Committee on the issue of funding the multi-lane account. A law passed in the 2006 budget session was delivered to the Committee and is included as Appendix 11. The multi-lane account was created by this act but the account was never funded. Director Cox explained that there is a back-log of projects for Wyo.DOT to complete and that one way to promote the completion of multi-lane projects would be to fund the multi-lane account. Mr. McOmie reviewed the contents of Tab 10 to Appendix 3 and detailed the specific locations where multi-lane highways are needed. In 2005, Wyo.DOT received $11.1 million for the design of multilane highways. Wyo.DOT has spent $7.5 million of that appropriation and significant design work has been done or will be completed soon. However, there is no construction budget to complete these highways. Mr. McOmie noted that it would be much less costly to construct these highways soon in order to avoid the harsh inflation that will make them much more expensive to construct in the future. Specifically targeted funding could move these projects forward 3-5 years. Mr. McOmie estimated that it would take $30-40 million per year to move the projects up in time. Upon questioning by Co-Chair Edwards, Mr. McOmie stated that the Wyoming construction industry could handle as much as an additional $100 million of construction each year.

Representative Hammons asked what impact the $200 million appropriation has had on multi-lane construction. Mr. McOmie explained that the projects on highways 220 and 287 would not have been possible without the appropriation. Representative Hallinan noted his belief that the Legislature believed their $200 million appropriation was intended to address all purposes.

Co-Chair Von Flatern then lead the Committee in a discussion of sponsoring a new bill like 2008 Senate File 77, a bill which would fund the multi-lane account from severance taxes. [See Appendix 12.] Co-Chair Von Flatern provided a history of the legislation and explained that it failed on 3^rd reading on the worry that if caps are removed, then they need to be removed for many different things.

Co-Chair Von Flatern moved that the Committee revise and sponsor a new bill similar to SF 77. The motion included the revision of SF 77 to strike Section 2 on page 2 of the bill. The motion was seconded by Senator Geis. After a discussion of the existing division of monies between the budget reserve and other accounts, Co-Chair Von Flatern amended his original motion to include deleting paragraph (ii)(A) on page 2 and replacing the “One-third (1/3)” language in both paragraphs (B) and (C) with “One-half (1/2)”. Paragraph (B) and (C) would then be relettered to become (A) and (B). The revised motion also included replacing 2008 with 2009 in line 7 on page 2. Representative Hammons seconded the revised motion. After additional discussion on the revised motion, Director Cox advised that deleting Section 2 would change the original intent of the legislation by allowing the new income source for multi-lane highways to replace the existing general appropriation, rather than providing additional income. Mr. Hibbard then addressed the Committee from Wyo.DOT and advised that according to January 2008 CREG numbers, the funds generated would be approximately $128 million in 2010, $132 million in 2011, and $136 million in 2012. The Committee then engaged in additional discussion concerning the percentages that should be allocated and whether or not a nonfluctuating, certain figure should be inserted. Upon motion by Co-Chair Von Flatern and second by Senator Blake, an additional amendment was proposed and passed whereby a new (B)(i) is inserted to stated “of which 20% shall be appropriated to W.S. 39-17-211.” The Committee then recapped all the amendments and voted to have an amended version of SF 77 presented at the next meeting.

INDUSTRIAL ROAD PROGRAM

Mr. McOmie discussed the industrial road program with the Committee.[Appendix 13.] Mr. McOmie discussed the background of the program. He explained the amounts that currently are flowing into the fund. According to Mr. McOmie, counties are still having problems taking advantage of the 50-50 match which is available. Further, the current $1 million matching cap needs to be adjusted for the impact of very high inflation and he suggested a new $2 million cap. A letter was presented showing support for the increased cap from the Wyoming County Commissioners Association. [Appendix 13.] Representative Hammons moved to amend W.S. 24-5-119 to increase the matching maximum from $1 million to $2 million. The motion passed the Committee and the Committee asked that a bill be prepared by LSO.

MEETING ADJOURNMENT

There being no further business, Co-Chairman Edwards adjourned the meeting.

Respectfully submitted,

Senator Michael Von Flatern Representative Dave Edwards

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	Wyo.DOT Meeting Materials Notebook	Notebook with 10 tabs	Wyo. DOT
4	2008 House Bill 22	Legislation introduced in 2008 concerning road closures	Legislative Service Office
5	2008 Senate File 15	Legislation introduced in 2008 concerning bus driver hours of service and duty	Legislative Service Office
6	Driver hours/duty handouts	Information on minimizing driver duty and hours	Leads Pickering, Dep. of Education
7	49 C.F.R. 395	Code of Federal Regulations provisions dealing with driver hours and duty	Legislative Service Office
8	Pennsylvania Statutes and Statute Summary	Pennsylvania statutory sections and LSO summary of the same, concerning the conversion of roads to toll ways	Legislative Service Office
9	Real ID handout	Information on compliance with the federal Real ID Program	Tom Loftin, Wyo.DOT
10	CDL permit standards handout	Summary of proposed federal rules on CDL testing and permit standards	Tom Loftin, Wyo.DOT
11	2006 Enrolled Act 52	Legislation creating the multi-lane account	Legislative Service Office
12	2008 Senate File 77	Legislation introduced in 2008 which would have funded the multi-lane account with severance tax dollars	Legislative Service Office
13	Industrial road program handouts	Letter from the Wyo. County Commissioners Association and summary of relevant statutes	Delbert McOmie, Wyo.DOT