Draft Only

Approval Pending

of SUMMARY

P ROCEEDINGS JOINT TRANSPORTATION, HIGHWAYS AND MILITARY AFFAIRS COMMITTEE

COMM ITTEE M EETING I NFORMATION September 8-9, 2014 Central Wyoming College ITECC, Room 116 Riverton, Wyoming

COMM ITTEE M EM BERS PRESENT Senator , CoChair Representative David Zwonitzer, CoChair Senator Senator Floyd Esquibel Senator Senator Representative Stan Blake Representative David Blevins Representative Rita Campbell Representative Representative Allen Jaggi Representative Bunky Loucks Representative Robert McKim Representative Tom Reeder

COMM ITTEE M EM BERS NOT PRESENT [None]

LEGISLATIVE SERVICE OFFICE STAFF Gerald W. Laska, Staff Attorney

OTHERS PRESENT AT M EETING Please refer to Appendix 1 to review the Subcommittee Sign-in Sheet for a list of other individuals who attended the meeting.

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 ’s website at www.wyoleg.gov. PAGE 2 OF 9

EXECUTIVE SUMMARY The Committee met over two days in Riverton, Wyoming. The Committee considered and voted to sponsor bills clarifying residency requirements for renewal of veterans' license plates and establishing a fund to receive and disburse grazing fee income from Military Department-owned lands. The Department of Transportation reported on: right-of-way upon entering a highway; authority for individuals to opt out of some Real ID requirements; CDL requirements and exemptions; the ignition interlock program; car dealer license requirements; and the status of current and projected WyDOT budgets. The Wyoming Transportation Safety Coalition reported on their continuing highway safety initiatives. The Committee requested bill drafts to clarify right-of-way upon entering a highway and to repeal the residential CDL license classification, and agreed to consider as a committee bill the draft offered by Representative Sommers to revise CDL exemptions. The next meeting of the Committee is scheduled for December 1 and 2 in Cheyenne.

CALL TO ORDER (MONDAY, SEPTEMBER 8) Co-Chair Zwonitzer called the meeting to order at 8:00 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.

APPROVAL OF MINUTES Minutes from the June 30, 2014 Committee meeting were approved without amendment.

WYOMING MILITARY DEPARTMENT

 Veterans License Plate Issue Larry Barttelbort, Wyoming Veterans Commission, Trudy Eisele, Laramie County Treasurer, addressed the Committee and distributed a handout on eligibility for disabled veteran license plates [Appendix 3] and a draft bill, 15LSO-0104 [Appendix 4]. They explained that W.S. 31-2-215(a) is clear that an applicant for a disabled veteran license plate must be a resident, but the same requirement is not stated for renewal licenses. Ms. Eisele testified that it is clear that some people, having obtained a Wyoming veterans license plate, continue to renew them even after moving out of state. The draft bill would clarify that residency is also required for license renewal. Ms. Eisele also distributed a list of items that could be amended into the bill as proof of residency [Appendix 5].

Senator Cooper, seconded by Representative Blake, moved that the Committee sponsor the bill. The motion carried on a vote of 13-1, with Representative McKim voting no.

 Range Management Fund General Luke Reiner and Colonel Tammy Maas addressed the Committee. They first reviewed the status of Camp Guernsey distributed copies of a PowerPoint presentation [Appendix 6] and reviewed the grazing income received for the last four years. General Reiner explained that the grazing lands at Camp Guernsey are state lands that are deeded to the Military Department, and that they command a premium lease rate of $11.84 to $23.52 per animal unit month because of the quality of the grazing and the maintenance services performed by the department. He also reviewed the improvement projects planned over the next five years, including some water development projects using both natural flow and well water.

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 3 OF 9

General Reiner explained that in the past, the grazing fee income was appropriated to the Military Department for the maintenance expenses. However, a similar provision in the 2014 budget bill was not passed, so the income currently goes into the general fund. Without the appropriation of the grazing income, the department must use general funds for the maintenance and improvement projects and is therefore asking that the continuous appropriation of grazing funds be restored. Without a source of funds for the program to pay its own way, there is little incentive for the Department to maintain the grazing program.

General Reiner explained a draft bill, 15LSO-0105.2, that would create a special account called the Wyoming military department range management operations fund. [Appendix 7] The bill would provide for all range management income from Camp Guernsey and other department-owned lands to be deposited into the account and continuously appropriate those funds to the Department for the sole purpose range management operations.

Senator Von Flatern, seconded by Senator Landen, moved that the Committee sponsor the bill. The Committee amended the bill to provide:  that income be credited to the account as it is received, rather than monthly  that funds be used at the training facility from which the grazing fees were received;  that the Department report to the Committee regarding the grazing program;  that the legislation be effective immediately upon passage; and  that the legislation sunset in six years.

The motion to sponsor the bill was adopted on a vote of 10-4, with Senator Kinskey and Representatives Jaggi, Loucks and Reeder voting no.

 Referrals to Wyoming Youth Challenge Program General Reiner, Colonel Chris Smith and Ruby Calvert (Wyoming PBS general manager) addressed the Committee. General Reiner distributed a chart comparing features of the Wyoming Cowboy Challenge Academy ("WCC") to other juvenile treatment facilities [Appendix 8].

Ms. Calvert stated that Wyoming PBS has been focusing on high school graduation rates for several years, and she would like to make a plug for the WCC. She presented a short video documentary about the program, which will be airing nationally on September 27 during a special programming session about innovative educational efforts.

General Reiner noted that the WCC was one of five programs chosen nationally to be featured in a special presentation at the National Guard offices in Washington, D.C. Referring to Appendix 8, he stated that the per student cost at WCC is much less than the four comparators of group homes, residential treatment facilities, the Girls' School and the Boys' School.

Committee members generally discussed how the program works, the general profile of students and the graduation rate. General Reiner distributed a PowerPoint summary of the program [Appendix 9]. He stated that the program works very well, but there is room for more students and the Department would like to have access to public school records for the purpose of identifying and approaching students who have or at risk of dropping out of high school. A bill to authorize that was defeated last year, due to concerns about the Federal Educational Records Protection Act. A similar proposal was prepared by the Department for the Committee's consideration [Appendix 10]. General Reiner requested that the Committee move forward with the bill, pending an opinion from the Attorney General about the federal law.

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 4 OF 9

Following discussion, Senator Esquibel, seconded by Representative Blake, moved that the Committee request a bill draft for the next meeting, as suggested by General Reiner. The motion failed on a voice vote.

WYOMING DEPARTMENT OF TRANSPORTATION

Drivers' License – CDL requirements / general weight restrictions – agriculture Tom Loftin, WyDOT Support Services Administrator, addressed the Committee. He reviewed the history of Commercial Drivers License statutory provisions in Wyoming, including the 1947 Chauffer's and Driver's License Act, the 1973 Drivers' License Act, the 1989 creation of the CDL program and the combination of CDL provisions with the non-commercial drivers' license chapter in 2003.

Representative Sommers advised the Committee that the current CDL provisions are very confusing and create great difficulty for farmers and ranchers. He explained a proposed bill that he had drafted by staff [Appendix 11]. He explained that the bill would create exemptions to residential and commercial CDL licenses, consistent with federal law and neighboring states. He also distributed handouts showing Wyoming CDL statutory provisions [Appendix 12], 49 CFR § 383.3 [Appendix 13], CDL statutes from selected neighboring statutes [Appendix 14], and a list of exemptions from federal CDL statutory provisions [Appendix 15].

Committee members generally discussed and sought clarification on why Wyoming has licenses that are classified as commercial CDL and residential CDL. Representative Sommers stated that the bill would make the same exemptions applicable to both. Mr. Loftin suggested that perhaps it was time to simply repeal the residential CDL license provision.

Co-Chair Zwonitzer, noting that the current statutes for CDL's are very confusing, suggested that matter would be appropriate for study during the next interim. Co-Chair Von Flatern, seconded by Senator Cooper, moved that the Committee consider the bill brought by Representative Sommers as a Committee bill. The motion carried on a voice vote.

Brett Moline, Wyoming Farm Bureau, stated that the bill would be a band aid on a large wound, but they would like to see the band aid first this year and an interim study next year on all of the drivers' license laws.

Colonel Butler, Wyoming Highway Patrol, agreed that the difference between a residential and a commercial CDL is very confusing. Following discussion, the Committee agreed to consider the Sommers bill at the next meeting, along with a separate bill to repeal the residential CDL provisions.

Vehicle Right of Way When Merging Onto Interstate Highways Col. John Butler, Highway Patrol Administrator, advised the Committee that the patrol is seeing an increasing problem with drivers who apparently don't know how to use highway entrance ramps appropriately and who use the acceleration lane to simply force their way onto the highway without regard to traffic already on the highway. He stated that there is already a provision that a person entering a highway shall yield the right-of-way to traffic on the highway, but he requested authorization to work with staff on drafting legislation to make it more clear.

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 5 OF 9

On Co-Chair Zwonitzer's suggestion, the Committee approved a draft bill request for consideration at the December meeting, with Col. Butler to work with staff on the specific language.

REAL ID opt out options – Time periods for license renewals Tom Loftin reported that of the 415,495 driver's licenses issued by WyDOT, most have cycled through and obtained a Real ID compliant license, with 29,000 remaining. He stated that some states have allowed opt-out of the federal Real ID requirements, and perhaps it should be considered because there are annual bills to repeal the Real ID license law. An opt-out would allow a person to request a non- compliant license, which would still require that the person prove residency but the documents would be purged rather than scanned and kept on file. This would respect the wishes of those who do not like the Real ID, but prevent Wyoming from becoming a magnet for fraudulent applicants. He estimated that changes to implement an opt-out would cost approximately $30,000.

The Committee briefly discussed proof of residency requirements. In response to questioning, Mr. Loftin stated that he was not aware of any license applicants refusing to supply the requested residency documentation.

Representative Jaggi, seconded by Representative Hutchings, moved that the Committee request a bill draft to authorize individuals to opt out of the Real ID requirements. The motion failed on a voice vote.

Time Periods for License Renewals Mr. Loftin addressed the Committee regarding possible extension of the renewal period for drivers' licenses. He distributed a packet containing renewal requirements for other states' renewal provisions. [Appendix 16] He advised that many states, as a budget saving measure, have gone to six or eight-year license renewal cycles, and that the Department could work with those time periods if the Committee were interested in changing the applicable statutes.

Public Comment Tim Young, Executive Director of Wyoming Pathways, addressed the Committee regarding laws to protect bicyclists and pedestrians using the roadways. He distributed a letter, model "Vulnerable User" law and copies of news articles about recent fatal automobile-bicycle collisions. [Appendix 17] He explained that the vulnerable user law would protect not only bicyclists but also users such as pedestrians, motorcyclists, construction workers, persons in wheelchairs, operators of horse drawn carriages and users of other non-motorized devices.

Mr. Young suggested that the subject would be appropriate for next year's interim study topics. Director Cox agreed and stated that he believes the Department and Committee can come up with something that will be enforceable and more than a mere "billboard law."

MEETING RECESS The Committee recessed for the day at 3:30 p.m.

CALL TO ORDER (TUESDAY, SEPTEMBER 9) Co-Chair Von Flatern called the meeting to order at 8:00 a.m.

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 6 OF 9

Ignition Interlock Program Update Mr. Loftin provided an update regarding the ignition interlock program and distributed the report of an audit of the program conducted by the Traffic Injury Research Foundation. [Appendix 18] Mr. Loftin reviewed the history of the program in Wyoming, noting that it was created in 2006 as a voluntary program for repeat DWI offenders and made mandatory in 2009 for first offenders with a blood alcohol level above .15.

Mr. Loftin reviewed the strengths [App. 18, pp. 7-13] and weaknesses [App. 18, pp. 15-23] of the current program, then presented the recommendations of the auditors [App. 18, pp. 25-36]. Legislative changes include making the use of the interlock mandatory, rather than as an alternative to a period of license suspension, and allowing offenders to begin the interlock period as soon as charged with a driving-under-the-influence offense, rather than waiting until conviction and sentencing.

Following discussion, Co-Chair Von Flatern clarified that the Department is not requesting any statutory changes at this time. He recommended that the Department make the same presentation to the Judiciary Committee and that the matter be included in next interim's interim study topics for the Transportation Committee.

Car Dealer Qualifications Bob Stauffacher, Chief Investigator, WyDOT Vehicle Dealer Compliance addressed the Committee and distributed data on licensed and unlicensed dealers [Appendix 19] and a comparison of dealer licensing requirements in 22 states [Appendix 20]. He explained the Department's procedures, and the threshold of three vehicle sales per year before a dealer license is required.

Co-Chair Zwonitzer questioned whether the threshold should be increased, but the Committee declined to take any action.

WyDOT budget explanation Rodney Freier, WyDOT Budget Officer, and Director Cox explained the status of the Department budget to the Committee, referencing a PowerPoint presentation [Appendix 21].

Director Cox explained the federal funding situation, with the extension of the "MAP21" highway funding legislation, which would have expired on September 30 of this year, through May 31, 2015. He noted that federal funds comprise about 66% of the Wyoming road construction budget and that Wyoming receives back $1.60 for every dollar sent to Washington.

Mr. Freier discussed budget details, including anticipated revenues, funding to cities and towns, motor fuel tax collections, allocation of revenues, historical funding trends since 1988, the impact of construction inflation, the condition of Wyoming roads and three possible funding scenarios. He summarized the scenarios as follows:  At current funding levels, the condition of the roads will continue to decline;  With an additional $64.5 Million/year in current dollars, the Department could maintain the roads and bridges in their current condition;  With an additional $287.2 Million/year in current dollars, the Department could improve the highway system for needed safety and capacity improvements.

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 7 OF 9

The Committee generally discussed the effect of the ten cent fuel tax increase, the cost of maintenance and deferred maintenance, the additional costs of increased interstate truck traffic and the Department's cost-saving strategies.

Mr. Freier agreed to make the Department's full budget presentation for the Governor and Joint Appropriations Committee available to the members of this committee.

WYOMING TRANSPORTATION SAFETY COALITION Sheila Foertsch reported on the safety improvement efforts of a coalition that includes many industries, the Governor's office, the seat belt coalition, the impaired driving coalition, the state epidemiologist, the Wyoming Mining Association, the railroads, the Federal Highway Administration and the National Highway Traffic Safety Administration.

Dave Schofield reviewed the safety improvements made with the coalition's input to Teton Pass and Powder River Pass. The number of truck crashes has been reduced. The next priority of the coalition is Highway 14 into Sheridan.

Vince Garcia, WyDOT, explained the Department's progress in disseminating time critical road information through its Geographic Information Systems and Intelligent Transportation Systems. He described the low-cost internet-based notification system to disseminate real time information about road conditions directly to trucking company dispatchers and other subscribers, the 511 road condition information system, email and text subscription services for road conditions and smart TV installations at high-usage venues such as the Casper Events Center, UW Arena, truck stops and hotel lobbies.

MEETING ADJOURNMENT There being no further business, Co-Chair Von Flatern adjourned the meeting at 12:07 p.m.

Respectfully submitted,

Senator Michael Von Flatern, Co-Chair

Representative David Zwonitzer, Co-Chair

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 8 OF 9

Committee Meeting

Materials Index

Appendix Agenda Item Appendix Description Appendix Provider

1 Committee Sign-In Sheet Lists meeting attendees Legislative Service Office

2 Committee Meeting Provides an outline of the topics the Legislative Service Office Agenda Committee planned to address at meeting

3 Veterans License Plates Summary of statutory provisions Veterans Commission / Barttelbort

4 Veterans License Plates 15LSO-0104.1 Veterans license plates. LSO staff

5 Veterans' License Plates Suggested amendments to bill Trudy Eisele

6 Range Management Fund PowerPoint: Ranges Management at Camp Military Dept. / Reiner Guernsey Update

7 Range Management Fund 15LSO-0105.2 Camp Guernsey-range LSO staff management fund

8 Youth Challenge Program 2013 Comparison of Services through the Military Dept. / Reiner referrals Continuum of Care/Services

9 Youth Challenge Program PowerPoint: Student Data to Wyoming Military Dept. / Reiner referrals Cowboy Challenge

10 Youth Challenge Program Suggested bill: Education-release of student Military Dept. / Reiner referrals information

11 Drives' licenses – CDL 15LSO-0060.5 Motor vehicle drivers LSO Staff, Rep. Sommers requirements / weight license classifications restrictions

12 Drives' licenses – CDL CDL statutory provisions Rep. Sommers requirements / weight restrictions

13 Drives' licenses – CDL 49 CFR § 383.3 Rep. Sommers requirements / weight restrictions

14 Drives' licenses – CDL CDL – selected state statutes Rep. Sommers requirements / weight restrictions

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 9 OF 9

15 Drives' licenses – CDL Federal Exemptions from CDL Rep. Sommers requirements / weight restrictions

16 Wyoming Dept. of State Driver License Renewal Information WyDOT / Cox Transportation

17 Ignition Interlock Program Alcohol Interlock Program Technical WyDOT / Loftin Update Assistance and Training

18 Car Dealer Qualifications Number of Licensed Dealers within WyDOT / Stauffacher Wyoming

19 Car Dealer Qualifications Dealer License Requirements – 22 State WyDOT / Stauffacher Comparison

20 WyDOT Budget WyDOT Budget Explanation WyDOT / Pryor Explanation

21 Public Comment Letter , proposed legislation, etc. Wyoming Pathways / Young

JOINT TRANSPORTATION, HIGHWAYS, AND MILITARY AFFAIRS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov