COMMITTEE MEETING INFORMATION

October 15-16, 2008

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

Representative Stan Blake

Representative Floyd Esquibel

Representative Timothy Hallinan

Representative Debbie Hammons

Representative Jim Slater

Representative Dan Zwonitzer

 

COMMITTEE MEMBERS ABSENT

Senator Bill Landen

Representative Mike Madden

Representative Kevin White

 

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 Cheyenne, Wyoming.  The first day focused on transportation and highway issues.  In addition to receiving reports from Wyoming Department of Transportation (Wy.DOT) personnel and the public, the Committee considered 5 pieces of draft legislation.  The second day of the meeting concentrated on issues related to the Military Department.  The Committee received reports from the Military Department and persons interested in the relationship between Camp Guernsey and the surrounding towns and counties.  The Committee also considered 3 pieces of draft legislation related to the Military Department.

 

CALL TO ORDER (October 15, 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 Committee then voted to approve and adopt the minutes of the July Joint Transportation, Highways and Military Affairs Committee meeting without change.

 

The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee meeting agenda.

 

VAN POOLING LEGISLATION    

Nancy Olson of the Cheyenne MPO and Aaron Fodge of the North Front Range MPO discussed House Bill 150 from the 2008 Legislative Session and its proposed grant of immunity for drivers.  Currently, Wyoming needs to set up van pooling organizations, staffed mostly with volunteer drivers.  However, these drivers are unable to get insurance at a cost which makes the pooling organizations viable.  Granting immunity to these drivers would allow them to obtain affordable insurance and would promote the industry.  The MPOs are working with individual legislators to revive HB150, to have it broadened to include a broader range of drivers and to have it introduced at this year's session.  Representative Mary Throne explained that this is an important workforce development issue.  After asking questions, Co-Chairmen Edwards and Von Flatern were told that immunity would apply only to cross-border traffic and would not apply to for-profit, private transportation providers.

 

PUBLIC TRANSIT

Sean Solan  of the Wyoming Transit System addressed the Committee.  He explained that Wy.DOT currently administers approximately $1.5 million to provide public transit in Wyoming.  Mr. Solan explained that the transit system provided more than 2 million rides last year in Wyoming and is an important service.  However, costs are skyrocketing and the system needs to replace aging equipment.  Mr. Solan seeks additional funding in the amount of $1 million for operating expenses and $2.5 for a bus replacement fund.  Mr. Solan wanted to make clear that all additional funding would continue to be administered by Wy.DOT.   Co-Chair Von Flatern explained that the Committee has not been authorized to study this issue, but that a supplemental budget request through the Governor's office would be appropriate.

 

COMMUTER RAIL STUDY

Pat Collins of Wy.DOT introduced David Simpson from TranSystems Corporation, an expert who has completed the first phase of Wyoming's commuter rail study.  Mr. Simpson explained that the initial report was given to the Committee in June and then summarized during the Committee's July meeting.  Mr. Simpson explained the various types of "high speed" rail and explained what types of high speed rail might be available between Fort Collins, Colorado and Casper, Wyoming.  The route has been divided into four parts and each part represents different challenges.  Currently, the most economical portion to develop would be between Fort Collins and Cheyenne, with portions north of Cheyenne being more expensive both because of engineering concerns and the existence of coal trains occupying the track.  Given current conditions, development of high speed rail north of Fort Collins to Cheyenne would cost between $1.0 and $1.5 million per mile.   Mr. Simpson explained that this study is related to Colorado's consideration of a $10 billion rail system.  Mr. Simpson believes that, if Colorado does pursue its system, Wyoming would be foolish not to take advantage of this huge investment and extend the system at least from Fort Collins to Cheyenne.  Colorado, however, has only begun considering the issue and Wyoming must wait to pursue a second phase of its study until Colorado has more information.  Any system that is installed should be competitive with interstate travel to provide an incentive to ride the rail rather than take a vehicle.   Mr. Simpson warned that the $1 to $1.5 million per mile estimate will not deliver a high speed rail system that will be competitive with interstate travel times.  In response to questioning by Co-Chair Von Flatern, Pat Collins stated that the first phase of the study provides approximately one-half of the information initially requested by the Legislature.  Mr. Collins asked that this issue be included as an interim topic again next interim so that a second phase study can be completed.

 

PROJECTS TO REDUCE ACCIDENTS ON I-80

Delbert McOmie, Chief Engineer with Wy.DOT, presented information on Wy.DOT's efforts to reduce accidents on I-80. Mr. McOmie provided a bound booklet which is included as Appendix 3.  Mr. McOmie went over the nature of accidents on I-80 during various seasons and outlined the statistical information included in his handout.   He then outlined the short-term safety projects that Wy.DOT would like to pursue. They include new snow fence, replacing snow fence, new climbing lanes and new left-lane guard rail in locations with small medians.  Mr. McOmie suggested strengthening Wyoming's chain laws as a means of improving safety and allowing roads to stay open.  The total cost of all the work contemplated by Wy.DOT is $320 million.  Mr. McOmie directly addressed new speed limits applicable to I-80 during the winter months and the impacts those limits will have on safety.  Wy.DOT will be approaching the Joint Appropriations Committee to fund these safety projects.

 

09LSO-0122.w1, ADEQUATE FUNDING FOR I-80 AS A CRITICAL FREIGHT ROUTE

The Committee discussed the need to find the funding necessary to maintain I-80.  The Committee agreed that the proposed resolution should be sent to other states through which I-80 runs to gain support for proper funding.  Senator Johnson moved, seconded by Representative Hammons, that the Committee sponsor the resolution.  After adopting amendments to the resolution, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 7 ayes and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Senator Landen and Representatives Madden and White were excused.

 

The following amendment to the bill was adopted:

Page 3-line 16              Strike "current condition" insert "best physical and safest condition."

 

I-80 TOLLING

Pat Collins of Wy.DOT introduced Jason Longsdorf and Nicholas Amrein of Parsons, Brinkerhoff, Inc., the company who has completed a tolling study for Interstate 80.   A copy of the Interstate 80 Tolling Feasibility Study, Final Report, was presented to the Committee and is included as Appendix 4.  Mr. Longsdorf and Mr. Amrein explained the statistical and scientific methods used to generate the study.  The study concludes that there are three options for tolling on Wyoming's portion of I-80: 1) create new toll roadways for trucks on I-80, 2)  create new lanes for trucks on I-80 or 3) create no new roadway on I-80, but charge a toll to trucks traveling I-80.  The only expansions that are economically feasible are options 2 and 3.  Option 2, the addition of one extra lane on both the east and west-bound lanes of I-80, would cost approximately $3 billion.  This cost would include the infrastructure and equipment necessary to collect a toll on these lanes.

 

A $20 toll for commercial trucks on I-80 would raise approximately $55 million per year.  The revenue maximizing toll would be $115 and would raise $180 million per year.  A $20 toll would be $.05 per mile and a $115 toll would be $.30 per mile.  These rates are less than the amount charged on most other tollways in the U.S.  These rates would be sufficient to service necessary project debt and pay for necessary maintenance.

 

The study prepared for Wyoming is a feasibility study and is not a study that can be used to attract investment for the project.  If Wyoming chooses to move forward with tolling, additional studies will be needed.

 

The Committee considered how to proceed and asked Wy.DOT to approach the Federal Highway Administration ("FHWA") to determine whether  FHWA will give its consent to allow Wyoming to toll I-80.  Other options may include Wyoming participating in a pilot program with FHWA.   Mr. McOmie confirmed that no legislative changes are needed to allow Wy.DOT to proceed with talking to the FHWA.  The Committee will ask that this issue be placed on the interim topics for the next interim and will consider draft enabling legislation.

 

09LSO-0129.w1, RENTAL VEHICLES

Bob Stauffacher, Wy.DOT Compliance Division, addressed the Committee and introduced draft legislation amending rental vehicle laws in Wyoming.  The Committee was  provided supplemental information on rental vehicles and additional index tabs for the Wy.DOT notebook provided to the Committee at its first interim committee meeting.  The original binder was divided into tabs and the supplemental packet is arranged to include supplements to the original tabs as well as two new tabs.  The new material is included as Appendix 5.  The draft legislation provided to the Committee contained bolded portions representing substantive changes to existing law.  Mr. Stauffacher reviewed the bolded portions and explained the changes.  Appendix 5 includes a sheet explaining each change.  Co-chair Von Flatern questioned how a non-resident driver, who rents a car for business purposes and drives it into our state for a meeting, would know that they have violated the proposed law by not having paid the required surcharge or purchasing a temporary worker decal.  Co-Chair Von Flatern noted that it would be impossible to require out-of-state rental companies to charge the Wyoming surcharge and that it would be difficult to educate out-of-state renters that they need to pay the surcharge if driving into Wyoming for business purposes.  Joel Shell, Wyoming County Treasurers' Association, spoke in favor of the bill and explained that it will end the problem of charging those workers who rent their vehicles differently from those workers who choose to drive their own vehicles to work.

 

Representative Zwonitzer moved, seconded by Senator Geis, that the Committee sponsor the bill.  After discussing, but not adopting amendments to the bill, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 7 ayes and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Senator Landen and Representatives Madden and White were excused.

 

09LSO-0121.w1, VEHICLE TITLE AND REGISTRATION

 Bob Stauffacher, Wy.DOT Compliance Division, reviewed the substantive changes to Wyoming's title and registration statutes, as outlined in 09LSO-0121.w1.  Mr. Stauffacher referenced Appendix 5, insert behind Tab 7, including the sheet explaining the changes contemplated by the proposed legislation.

 

Senator Geis moved, seconded by Senator Hastert, that the Committee sponsor the bill.  After adopting amendments to the bill, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 7 ayes and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Senator Landen and Representatives Madden and White were excused.

 

The following amendments to the bill were adopted:

Page 33-line 19                        Strike "is twenty-five (25)" insert "has a value".

Page 33-lines 20                      Strike "years old or older or if the value of the vehicle is".

Page 37-line 13                        After "salvaged" add "or "rebuilt", as applicable."

Page 40-lines 14                      Strike "irregardless" insert "regardless".

Page 59-lines 22 and 23           Strike.

Page 60-lines 1 and 2               Strike.

 

09LSO-0224.w1, ROAD CLOSURE

Colonel Sam Powell of the Wyoming Highway Patrol reviewed draft legislation to amend Wyoming road closure laws.  In addition to increasing the fine for traveling upon a closed road, the draft legislation provides exceptions that allow travel upon a closed road.  Wy.DOT and the Highway Patrol support the legislation because it formalizes a process that they have had to implement in the absence of statutory direction.

 

Representative Blake moved, seconded by Senator Johnson, that the Committee sponsor the bill.  The motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 7 ayes and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Senator Landen and Representatives Madden and White were excused.

 

09LSO-0219.w1, REAL ID

Tom Loftin, Support Services Division Administrator, reviewed the current requirements under the federal Real ID statute and explained that new versions of the law are less demanding than older versions.  He explained that 09 LSO-219 represents his suggestions for changes that need to be made to Wyoming's law to allow Wyoming to be compliant with Real ID.  He, however, stressed that this proposed legislation is not an effort to adopt Real ID.  Instead, it simply makes necessary statutory changes that would allow Wyoming to become compliant should it wish to do so.  Mr. Loftin explained that most of the proposed changes would be desirable in Wyoming even absent the federal Real ID program.   Mr. Loftin provided a handout describing the budgetary impacts of the proposed legislation, attached as Exhibit 5, Tab 13.  Co-Chair Von Flatern confirmed that this legislation does not ask the Committee to vote to adopt Real ID.

 

Representative Hammons moved, seconded by Senator Johnson, that the Committee sponsor the bill.  After adopting amendments to the bill, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 6 ayes, 1 no and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Representative Esquibel voted no.  Senator Landen and Representatives Madden and White were excused.

 

The following amendments to the bill were adopted:

Page 3-line 9 and 10    Delete "source documents" insert "those documents listed in W.S. 31-7-111(a)".

Page 3-line 17              After (i) insert "Notify the issuing jurisdiction that the licensee is now licensed in Wyoming and, if requested,".

Page 3-line 19              Unstrike "or." and insert original language.

Page 3-line 21 through 23  Strike.

Page 4-line 2 and 3      Strike.

Page 6-line 3                Delete "when such" insert ", where applicable law or regulation requires that limited information be provided."

Page 6-line 4 and 5      Strike.

Page 10-line 4              Strike "an original source document" insert "one of the documents listed in W.S. 31-7-111(a)."

Page 10-lines 19 through 23  Unstrike and restore original language.

Page 11-line 10            Strike "correct age" insert "date of birth".

Page 12-line 7 and 8    Strike "when possible" insert "unless the registrant is unable to make a signature".

Page 14-line 10            Delete "2005" insert "2009".

 

REVENUE GENERATION FROM INTERSTATE SIGNEAGE

Delbert McOmie, Wy.DOT Chief Engineer, provided three handouts to the Committee, included as Appendix 6.   Mr. McOmie discussed the handouts and the income generated by commercial enterprises advertising on interstate highway signs in other states.  It is a significant source of income in some other states.  Last year, South Carolina generated approximately $1 million in revenue by allowing a private company to administer a highway sign advertising program and requiring a percentage of all generated income to be given to the state.  Current Wyoming law only allows the state to recoup its costs and would not allow revenue generation.  Mr. McOmie believes it could be a source of income for Wyoming.  The Committee asked Wy.DOT to identify changes to the law that need to be made to allow Wyoming to generate revenue from charging for interstate signage and to work with the LSO to draft a bill on this subject.  The bill should be distributed to the Committee for a vote pursuant to postcard. 

 

OVERSIZE LOADS

 Colonel Sam Powell discussed fees paid by oversize/overweight loads on Wyoming highways.  He provided the Committee with the handouts included in Appendix 5, supplement to Tab 15.  The handouts provide a more clear explanation of the comparison scenarios presented to the Committee during its July meeting.   Generally, the studies show that Wyoming is in the middle of fees charged by surrounding states and likely has an appropriate fee structure.  Commercial users in Wyoming are paying their share.  Col. Powell specifically discussed the part property tax plays in the calculation. Only Utah and Montana charge an additional property beyond the registration fee for overweight/oversize loads.

 

After business was concluded for the day, Chief Engineer Delbert McOmie presented Co-Chairman Edwards with a painting to thank him for his years of service to the Wyoming Legislature and the Wyoming Department of Transportation.

 

CALL TO ORDER (October 16, 2008)

Co-Chair Edwards called the meeting to order at 8:30 a.m.  The following sections summarize the Committee’s proceedings by topic.  Refer to Appendix 2 to review the Committee meeting agenda.  .

 

09LSO-0119.w1, NATIONAL GUARD MEDICAL PROFESSIONAL RETENTION PROGRAM

 

Major General Ed Wright introduced Dr. W. Joseph Horam to discuss his experience serving as a doctor in the National Guard and the importance of recruiting and retaining medical personnel into the Guard.  Representative Hallinan then introduced 09LSO-0119.w1 and explained its provisions.

 

Senator Geis moved, seconded by Senator Johnson, that the Committee sponsor the bill.  After adopting amendments to the bill, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 7 ayes and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Senator Landen and Representatives Madden and White were excused.

 

The following amendments to the bill were adopted:

Page 4-line 16              After "years" insert "after first receiving reimbursement benefits under the program".

Page 5-line 7                After "waiving" add "or suspending".

Page 5-line 9                After "section" delete "for cases where the debt is not collectible".

Page 6-line 18              Strike "This".

Page 6-lines 19 and 20 Strike.

 

CAMP GUERNSEY REVENUE AND COMMUNITY IMPACT

General Wright introduced the topic and gave the committee a binder of information on the various topics discussed by the Military Department, included as Appendix 7.  Tab 1 of Appendix 7 includes all the information concerning Camp Guernsey revenue and community impacts.  General Wright summarized and discussed  the topics contained in Tab 1 to Appendix 7.

 

Dick O'Gara, a consulting economist with the Wyoming Center for Business and Economic Analysis, LLC, spoke to the Committee about the economic impacts and benefits of Camp Guernsey to nearby cities and counties.  The information he presented also is included in Tab 3 to Appendix 7.  He concluded that Camp Guernsey offers a significant economic benefit to the surrounding towns and counties.

 

General Wright discussed land use in and around Guernsey and Camp Guernsey and the cooperation that exists between the two.  Both the Camp and town are attempting to attract investors to build housing in the vacant area between the town and Camp.  General Wright also discussed the non-military uses of the Camp.

 

The Committee then took public comment.  The mayor of Heartville, Darrell Offe, discussed his safety concerns regarding two intersections in Heartville that are dangerous and congested when used by military personnel.  Mr. Offe provided a letter to the Committee, included as Appendix 8.  Leroy Schaefer, the mayor of Torrington, explained Torrington's partnerships with Camp Guernsey and the benefits of the Camp.  Mr. Schaefer reports no negative impacts from Camp Guernsey.  The mayor of Guernsey, Michael Pettigrew, then addressed the Committee and detailed several road projects that are being coordinated with the military.   Bruce Heimbuck, Guernsey's community development coordinator, explained some of the logistical issues that Guernsey faces and the issues that the town must address as a result of having Camp Guernsey on its borders.  Housing and a joint water system are two of the issues that are currently being considered.  Dan Kirkbride, Joe Reichert and Jane Carlson spoke as representatives from Platte County.  Jane Carlson is in charge of emergency response in Platte County and explained the county's cooperation with Camp Guernsey and various expenses incurred on behalf of Camp Guernsey.  She expressed some concern because of the increasing activity at Camp Guernsey and the resulting demand for additional funding.  Platte County does loose property tax revenue because the Camp's lands are not taxed.  Portions of the Camp's lands are scenic and have recreational value that would lead to higher property taxes.  The Platte County representatives asked that the Committee consider an annual payment in lieu of taxes.  Upon questioning by Representative Zwonitzer, the county representatives indicated that they do not know what amount of a payment would be appropriate.  Joe Dunn, the garrison operations manager at Camp Guernsey, explained that the Camp does maintain its own fire equipment, but has mutual aid agreements with Guernsey and the county where each help each other when necessary.

 

Richard Monger, the mayor of Fort Laramie, stated that he supports Camp Guernsey and that his town benefits from its existence.  Eric Kurtz, the Fort Laramie assistant fire chief, discussed fire response costs related to Camp Guernsey, the impact of military convoys and limited medical response activities related to Camp.  Finally, Mark Nickerbacher, president of the Wheatland Chamber of Commerce, spoke in favor of the Camp and, particularly, in favor of the National Guard's Youth Challenge Program. 

 

09LSO-0115.w1, Youth Challenge Program Funding

General Wright summarized the program and its importance as an alternative for troubled youth in Wyoming.   General Wright generally summarized 09LSO-0115.w1.  Representative Hammons discussed the lower-than-expected graduation numbers and explained that, while she believes the program is very good and beneficial, she does not believe it is attracting Wyoming kids.

 

Senator Geis moved, seconded by Senator Hastert, that the Committee sponsor the bill.  After adopting amendments to the resolution, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 6 ayes, 1 no and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Slater and Zwonitzer voted aye.  Representative Hammons voted no.  Senator Landen and Representatives Madden and White were excused.

 

The following amendments to the bill were adopted:

Page 3-line 5                Strike "thirty-three cents ($.33)" insert "forty cents ($.40)".

Page 4-line 9                Insert "(iv)  A report on the status of program graduates for the preceding four (4) years, to the extent available."

Page 4-line 13              Delete "20XX" insert "2012".

 

 09LSO-0124.w1, CAMP GUERNSEY GRAZING FEES

General Wright explained the draft legislation and the benefits of allowing the Military Department to keep grazing fees generated on land it owns. 

 

Representative Hammons moved, seconded by Representative Edwards, that the Committee sponsor the bill.  After adopting amendments to the bill, the motion carried on a roll call vote of 4 ayes and 1 excused by the Senate Transportation, Highways and Military Affairs Committee and 7 ayes and 2 excused by the House Transportation, Highways and Military Affairs Committee.  Senators Von Flatern, Geis, Hastert and Johnson and Representatives Edwards, Blake, Esquibel, Hallinan, Hammons, Slater and Zwonitzer voted aye.  Senator Landen and Representatives Madden and White were excused.

 

The following amendments to the bill were adopted:

Page 2-line 2                After "lands."  insert "Excess revenue may be utilized for the department's general operations."

 

After the conclusion of regular business, Co-Chair Von Flatern thanked Co-Chair Edwards and Representative Slater for their years of service to the Wyoming Legislature and to the Transportation, Highways and Military Affairs Committee. 

 

 

MEETING ADJOURNMENT

There being no further business, Co-Chairman Von Flatern adjourned the meeting at 12:15 p.m.

 

 

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		Projects to Reduce Accidents on I-80		Wy.DOT booklet summarizing projects to reduce accidents on I-80		Wy.DOT
4		I-80 Tolling		I-80 Tolling Feasibility Study – Final Report		Wy.DOT
5		All Topics		Information packet containing supplements to the Wy.DOT notebook binder given to the Committee during its May meeting		Wy.DOT
6		Revenue Generation from Interstate Signage		Information concerning revenue generation from commercial interstate signage		Wy.DOT
7		All issues related to the Military Department		Information packet, divided into tabs, related to issues presented by the Military Department		Military Department
8		Camp Guernsey Revenue and Community Impact		Letter from Hartville Mayor, Darrell Offe		Darrell Offe