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Meeting Minutes) Is Prepared by the Legislative Service Office (LSO) and Is the Official Record of the Proceedings of a Legislative Committee Meeting D r a f t O n l y A p p r o v a l P e n d i n g SUMMARY of PROCEEDINGS J O I N T T R A N S P O R T A T I O N , H I G H W A Y S & M I L I T A R Y A F F A I R S C O M M I T T E E COMMITTEE MEETING INFORMATION November 30-December 1, 2020 | 8:30 AM Online only This meeting was held remotely due to the COVID-19 health emergency. COMMITTEE MEMBERS PRESENT Senator Michael Von Flatern, Co-Chairman Representative John Eklund, Co-Chairman Senator Jim Anderson Senator Lynn Hutchings Senator Stephan Pappas Senator Cheri Steinmetz Representative Stan Blake (excused 11/30/2020 a.m.) Representative Landon Brown Representative Tom Crank Representative Carl Loucks Representative Joe MacGuire Representative Sandy Newsome Representative Jerry Obermueller Representative Kevin O'Hearn Representative Cyrus Western LEGISLATIVE SERVICE OFFICE STAFF Heather Jarvis, Staff Attorney MaryBeth Oatsvall, Legislative Editor The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected]. The Summary of Proceedings for each legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 11 EXECUTIVE SUMMARY The Joint Transportation, Highways and Military Affairs Interim Committee met for two days remotely to finalize its interim work. The Committee received information regarding military matters, including updating the State military code, progress on construction of state veterans' facilities and siting of wind facilities with respect to missile facilities. The Committee received information on transportation and highway matters, including developments regarding a state road usage charge to replace the fuel tax, a WYDOT needs study report, using driver's license applications to register for Selective Service, creating airport districts, concerns with recognizing farm trucks and public safety communications systems. The Committee received testimony and voted to sponsor bill drafts regarding State military code revisions, traumatic brain injury and post-traumatic stress disorder treatments, Selective Service registration via driver's license applications, abandoned vehicles towing and liens, airport districts, autonomous vehicles and antique motor vehicles. CALL TO ORDER (MONDAY, NOVEMBER 30, 2020) Co-Chairman Von Flatern called the meeting to order at 8:30 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting Agenda and Appendix 1-03 to review public comment requests and comments. Video of the meeting is available on the Wyoming Legislature's YouTube page. MILITARY DEPARTMENT OPENING REMARKS General Gregory C. Porter, Director, Adjutant General, Wyoming Military Department (WYMD), provided updates on air and army guard deployments, the universal occupational licensure bill draft sponsored by the Joint Corporation, Elections and Political Subdivisions Interim Committee, a new connector path in Guernsey, a delayed start for the Wyoming Cowboy Challenge Academy, COVID-19 response and impacts of State budget reductions on personnel and facilities (Appendix 2-01). MILITARY CODE REVISIONS Major Karen Hinkle, Staff Judge Advocate, WYMD, provided an overview of military code revisions and discussed the current State military code as out of date, inadequate and unusable. Major Hinkle also stated that failure to fix the outdated language will result in WYMD continuing to be unable to appropriately discipline forces (Appendix 3-01). Introduction of bill draft Heather Jarvis, LSO Staff Attorney, provided an overview of draft bill 21LSO-0015, Wyoming military code (Appendix 3-02), which amends and updates the state military code and repeals certain provisions. Committee Action Senator Pappas moved the Committee sponsor 21LSO-0015 v0.5, Wyoming military code. The motion passed by roll call, with Representatives Blake and MacGuire excused. TRAUMATIC BRAIN INJURY (TBI) TREATMENT Major Jeremy Anderson, Staff Judge Advocate, WYMD, discussed seeking approval by the Veteran’s Administration for treatment options that include hyperbaric oxygen treatment for traumatic brain injuries (TBI) suffered by current and former military members and benefits (Appendix 4-01). Public Comment JOINT TRANSPORTATION, HIGHWAYS & MILITARY AFFAIRS COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 3 OF 11 Denny Sedlack, war veteran and counselor to veterans, expressed support for the joint resolution. Grady Birdsong, veteran and veteran advocate, expressed support for the joint resolution and discussed treating veterans with hyperbaric oxygen and success rates. Discussion of bill draft Ms. Jarvis provided an overview of the joint resolution 21LSO-0017, Traumatic brain injury treatments (Appendix 4-02), which requests Congress to enact legislation and requests that the Veteran’s Administration work to expand and improve effort to treat TBI and post-traumatic stress disorder. Committee Action Senator Steinmetz moved the Committee sponsor 21LSO-0017 v0.4, Traumatic brain injury treatments. The motion passed by roll call, with Representatives Blake and MacGuire excused. The Committee made the following amendment: Page 1-above line 1 LSO will incorporate post-traumatic stress disorder into the catch title. VETERAN'S FACILITIES REPORTS Tim Sheppard, Executive Director, Wyoming Veteran’s Commission discussed the progress and timeline for the Veterans Skilled Nursing Facility (Appendix 5-01, p. 16). Ryan Scranton, State Construction Department, described and showed photos of construction progress at the Veterans Skilled Nursing Facility (Id., at 17-20). Regarding the Veterans Home, he explained that there does not appear to be an appetite to move forward with a bill to authorize level III study and design. General public comment on military matters David Salazar, Deputy Director, Wyoming Cowboy Challenge Academy (WCCA), and Martin Gubbels, Torrington resident, spoke in opposition to closing the WCCA. They discussed the history, purposes and successes of the WCCA, state and federal funding, budget cuts, challenges and the future of the program (Appendices 1-03, p. 8-9 and 2-02). SITING WIND FACILITIES NEAR MILITARY FACILITIES Senator Brian Boner discussed 2020 SF0036, "Large scale solar and wind energy facilities" negotiations with the federal government intended to balance landowners rights with wind siting restrictions and reported an update that the Air Force subsequently obtained a rule for no construction within two miles of certain military facilities. He also explained how existing wind facilities within the two miles would be affected. Co-Chairman Eklund discussed protecting property owners and property rights and expressed support for the bill draft. Senator Tara Nethercott discussed airman safety and national security and expressed opposition to the bill draft. Senator Bill Landen discussed tension points and the need to have more conversations regarding policy. Public Comment JOINT TRANSPORTATION, HIGHWAYS & MILITARY AFFAIRS COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 4 OF 11 Colonel Deane Konowicz, Vice Commander, 90th Missile Wing, F.E. Warren Air Force Base, discussed military readiness, wind turbines, hazards and risks and stated any security issues are national security issues. Dale Steenbergen, CEO, Greater Cheyenne Chamber of Commerce, discussed balancing landowner concerns with safety issues for local airmen and supporting the military. He expressed opposition to the bill draft. Committee Action Senator Anderson moved to table the draft bill 21LSO-0249 v0.5, Wind and solar facilities-siting near military facilities. The motion passed by show of hands. WYOMING DEPARTMENT OF TRANSPORTATION OPENING REMARKS AND FY21 BUDGET K. Luke Reiner, Director, Wyoming Department of Transportation (WYDOT), provided opening remarks and 2020 highlights. Director Reiner also discussed employee achievements, Wyoming Transportation Authorization Program (W-TAP), which expands and streamlines WYDOT authorized travel. The program permits motorists to drive on sections of closed roads when authorities deem it safe to do so. He explained budget cut impacts and construction projects delayed (Appendix 9-01). Dennis Byrne, CFO, WYDOT, gave a WYDOT FY2021 budget presentation (Appendix 9-02). The presentation included the operating budget, revenue, funding ratios with federal and state monies, buying power, and de-earmarking trends. CFO Byrne also discussed anticipated
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