Joint Travel Minutes

Committee Meeting Information

November 6, 2009

Platte Valley Community Center

Saratoga, Wyoming

committee Members Present

Senator Bruce Burns, Chairman

Senator Dan Dockstader

Senator Kit Jennings

Senator Sandra Meyer

Representative Dave Bonner

Representative Kermit Brown

Representative Cathy Connolly

Representative Allen Jaggi

Representative Lori Millin

Representative Lisa Shepperson

Committee Members Not Present

Representative Pat Childers, Chairman

Senator Hank Coe

Representative Kathy Davison

Representative Bill Thompson

Legislative Service Office Staff

Lynda Cook, Staff Attorney

Others Present at Meeting

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

Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee Meeting Summary (November 6, 2009)

The Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee met in Saratoga to consider issues and legislation relating to invasive aquatic species. The committee received reports from the Department of Tourism, Department of State Parks and Cultural Resources and the Wyoming Conservation Corps Program.

Call To Order

Chairman Bruce Burns 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 August, 2009 Committee meeting were approved.

Department of Tourism

Diane Shober, Director, Department of Tourism, gave the department’s annual update. (Appendix 3). Ms. Shober introduced members of the Tourism Board.

Ms. Shober testified that 2008 showed a 7% increase in direct tourist expenditures and 5.3% increase in local & state tax receipts to the state from tourism activities. She noted that international travel to Wyoming increased in 2008. She testified that over the last three years Wyoming’s tourism numbers have grown at twice the rate of the rest of the United States.

Ms. Shober testified that 2009 was unprecedented in that booking lead-time was very short. A lot more people were doing last minute travel. The use of the internet is the number one travel planning tool. Ms. Shober noted that the state is seeing shorter travel durations but with larger party sizes.

Ms. Shober updated the committee on the Film Industry Financial Incentives program. She testified that the program funded three projects this year. There are other projects approved by the board and they will have used the entire $900,000 appropriation. Ms. Shober showed the committee a clip from the winner of the Wyoming short film award. She noted that the film office does more than the film program, it also assists with documentaries, catalog shoots, welcome centers and other projects.

Ms. Shober updated the committee on the progress on welcome centers in the northeast and southeast. She noted that they are accepting donations of artifacts for the centers. She also showed clips of news pieces featuring Wyoming.

Ms. Shober explained changes in the international markets visiting Wyoming. The numbers are holding steady with a slight downturn in English visitation. She noted that Yellowstone and the mythos of the cowboy serve the state well in international markets.

Ms. Shober explained the impact the national economic downturn had on the state. Gas prices were high in 2008 and inquiries to their office began dropping. The department did market research and found that people who had been here before still stayed strong but new markets would take more effort to get to. She noted that a $955,000 one time appropriation allowed the department to supplement their marketing plans. Ms. Shober showed the committee various advertisements they purchased. She also explained how the department is using social media to reach people.

Senator Jennings suggested the department should focus some more on the business traveler. Ms Shober noted that the state department is focused on leisure travel but local entities focus a bit more on business travelers.

There was discussion regarding the return on the department’s investment and the investment of individual businesses throughout the state. There was also discussion about how the economy is helping the department get more for their advertising dollar.

Susan Menghini, Wyoming Lodging and Restaurant Association, provided a handout regarding the lodging and tourism tax. (Appendix 4)

Ken Patel, Laramie LRA, testified that there are decreases in local taxes and it is seriously affecting the ability of local tourism entities to stay afloat. He testified in support of increased support of local entities from the state level and continued support of the state office.

Mark Barron, Mayor of Jackson, testified that Jackson doesn’t have a lodging tax. He discussed how they have been trying to bring it back but the question has consistently failed. Instead they created a resort fee to handle the needs for marketing. He testified how this money is being used effectively.

Bruce Grosbety, Terra Work Group, discussed the use of the resort tax revenues in Jackson. He provided written testimony. (Appendix 5)

Kari Cooper, Jackson Hole Air, discussed the use of private funds to encourage air travel into Jackson Hole. She provided written testimony. (Appendix 6)

Doug Campbell, Wolf Hotel in Saratoga, testified in support of the department. He noted that his business relies heavily on the state department to get visitors into Wyoming.

David Hanks, Rock Springs Chamber of Commerce, testified in support of the department’s assistance to local communities. He discussed how the department assisted them when lodging business exploded during the energy boom and they are now helping them with the decreased energy business and its affects on lodging occupancy rates.

The committee discussed whether the other members of the lodging association are comfortable with the state department focusing on travel to Jackson while Jackson does not implement a lodging tax. The members testified that they are comfortable with the mix of promotion and the effect that promotion has on communities throughout the state. Mr. Barron suggested that the department gets money from state sales tax and much of that comes from the Jackson area. He also testified that Jackson does a great deal of advertising and promotion using local funds that in turn benefits communities throughout the state as people travel through those communities.

Senator Jennings discussed the resort fee in Jackson. He stated that the fee is being represented as a tax when it is not.

State Parks & Cultural Resources

Milward Simpson, Director, updated the committee on concessionaire contract negotiations. The department created a proposed contract and discussed negotiable terms with the board. The department met with the Hot Springs State Park concessionaires in October. The concessionaires provided a counter offer of the previous contract the department had sent over a year ago. The contract provided for increasing returns to the state over time. The department has sent a counter counter offer to the concessionaires. Mr. Simpson stated that he believes the negotiations are going forward in good faith and they are progressing toward a resolution. The biggest sticking point has been the request to have the state provide insurance coverage. Mr. Simpson noted that the latest offer is for a 20 year lease with an extension upon presentation and approval of a master plan for improvements. The percentage return would be 3% to the state. This is triple what they have been receiving in the past. They are also asking for a fee for reinvestment in improvements. The contract requires compliance with department rules and regulations. It also provides a penalty provision that explains a process for complaints and fines. The contract provides for CPA review and approval of annual financial reports rather than auditing.

The committee discussed whether the department should be looking at increasing returns from all the other businesses in the park as well.

Aquatic Invasive Species

Steve Farrell, Director, Game & Fish Department, introduced staff available for presenting the bills.

10 LSO 0032.L1 – Illegal stocking of fish.

Mike Stone, Fisheries Division Chief, testified that the bill increases the penalties for illegal stocking of fish. (Appendix 7). The bill increases the penalty to a high misdemeanor, provides for suspension of all licenses and provides for civil penalties.

The committee discussed the need for the bill. Mr. Stone noted the severe damage caused by introducing fish species into waters. The problems caused by such introduction last forever. Mark Nelson, Game Warden, testified that the department would like to see potential lifetime revocation at the discretion of the judge. There was discussion about whether this bill would apply to all waters of the state, including stocking of private ponds. Mr. Nelson noted that it would apply but the judge would have the discretion as to the penalties.

Milward Simpson testified that the department of state parks & cultural resources is also very concerned about the introduction of walleye in Buffalo Bill reservoir.

The bill was moved and seconded.

The committee amended the bill to provide for potential lifetime revocation of licenses in the judges' discretion and to strike “knowingly or willingly” from the bill.

The bill passed as amended (Shepperson opposed).

10 LSO 0152.W1 – Aquatic Invasive Species-2.

Mike Stone provided a presentation regarding the issues involved in aquatic invasive species regulation. He noted that 10 LSO 0152.W1 (Appendix 8) is the more comprehensive bill while 10 LSO 0037.W2 (Appendix 9) is the more basic bill.

Both bills allow the department to regulate the introduction of species, but the more comprehensive bill requires the department to promulgate rules regarding launching of conveyances and prohibits launching of conveyances without compliance with those regulations. The more comprehensive bill also requires consultation and coordination with the departments of transportation and state parks for creating check stations.

Colonel Powell, Wyoming Highway Patrol, testified regarding the department of transportation’s views on the bill. He provided an estimate of the costs to enforce this bill at differing levels. (Appendix 10) The estimates are based on the salaries of port of entry inspectors only for six months and do not include infrastructure. He expressed concerns about requiring these inspections at ports of entry because they are extremely congested already with commercial truck traffic. The costs range from $15 million to man all access points in the state to $1.5 million to man only ports of entry. Col. Powell also expressed concern that ports of entry are federally funded and the congestion could cause a concern over interstate commerce.

Mr. Stone provided a proposed budget for starting the program. (Appendix 11) The program would require $4.4 million for the first biennium, with an additional $1.3 million for state parks participation. The committee discussed whether the decontamination could be done by private businesses. There was also discussion of how Idaho is handling this funding. Mr. Stone noted that Idaho has a boat fee but they have many times as many boats so they bring in more funds.

There was discussion about whether inspection fees need to be collected every time the boat is launched or an annual fee is better.

John Deacon, Trout Unlimited, testified in support of the bill and provided written testimony from other Trout Unlimited members. (Appendix 12).

Jeff Streeter, Trout Unlimited, testified in support of the bill. He noted that he believes people will begin to police themselves if there is some threat in statute for failure to do so.

Rob Sgroi, Teton Soil & Water Conservation District, speaking on behalf of conservation districts, testified in support of the bill.

Craig Sax, Game Wardens Association, testified in support of the bill. He noted that while there are concerns about certain aspects of the bill, he does not want to see it get torpedoed because of those concerns. He also noted that the funding should come from a broader base. Representative Jaggi suggested that the committee should look to the omnibus water bill to help fund this.

10 LSO 0152.W1 was moved and seconded.

The bill was amended as provided in Appendix 8.

The bill passed as amended unanimously.

Update on Natural Resource litigation.

Jay Jerde, Deputy Attorney General testified about the 16 cases currently pending.

Wyoming filed suit to overturn the United States Fish & Wildlife Service decision that Wyoming’s statutes do not provide adequate regulatory mechanisms to manage wolves. The state asserts that wolves do not need to be trophy game statewide, they argue that the emergency rules were good enough and they argue that the FWS cannot force the state to manage for 7 breeding pairs. This case is different from the case in Montana which asserts that Wyoming’s wolves should not be classified as a non-essential experimental population. The state is only monitoring the case in Montana.

There is a federal case in DC regarding how elk and bison are being managed on the National Elk Refuge.

The state has filed an amicus brief in a case involving forest plan amendments.

Mr. Jerde described the roadless rule litigation, filed in 2002, which was deemed moot. The 9^th circuit ruled differently and put the rule back in place so the state filed again. Federal District Court Judge Brimmer held that it does not apply in Wyoming.

The state is involved in a suit supporting the BLM development plan. The state argues that BLM has done enough to protect sage grouse.

Mr. Jerde testified about a new lawsuit arguing that a new snowmobile rule limiting access in Yellowstone does not protect human access.

Mr. Jerde described four appeals before the Dept of Interior board of land appeals dealing with leases that were sold but then revoked due to the Wyoming Range Legacy Act. The state is supporting the decision to revoke those leases.

Mr. Jerde described three grizzly bear cases. One in Montana where the judge has enjoined the delisting rule and two in Idaho which have not been decided.

Mr. Jerde described litigation involving the Prebbles Meadow jumping mouse. The FWS removed them from the endangered species list in Wyoming but left them listed in Colorado. The state is involved supporting the decision to delist.

Mr. Jerde described litigation involving resource management plans done by BLM. He noted there is a case in Idaho suggesting that BLM hasn’t done enough to protect sage grouse.

Mr. Jerde mentioned several additional cases involving natural resource issues.

Wyoming Conservation Corps

Tess McGinty, director of the WCC provided a presentation regarding the successes of the corps since its inception three years ago. (Appendix 13). She noted that Wyoming has a very high retention rate compared to other states. She testified that Wyoming students have earned scholarships through the program. Almost 100% students expressed intent to continue donating time on natural resource projects in the future. She described projects expected in 2010 and coordination with Wyoming’s energy industry. She noted that state funding expires June 30, 2010. This currently makes up 15% of their budget. State contracts, where agencies pay the corps for work done, will have to increase in order to make up for this. They are also looking at further grants and furthering the endowment opportunities. The corps is housed at the University of Wyoming and is provided office space and office supplies from UW.

Ms. McGinty testified that in 2010 they expect 48 students to complete the program. Their goal is to provide 31,000 hours of service over the year.

Ms. McGinty introduced Ben Bump who will be taking over the directorship of the program.

The committee congratulated the corps on doing exactly what they were told in becoming self-supporting in three years.

Meeting Adjournment

There being no further business, Chairman Bruce Burns adjourned the meeting at 3:45 p.m..

Respectfully submitted,

Bruce Burns, Co-Chairman Pat Childers, Co-Chairman

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	Tourism	2008 Wyoming Travel & Tourism Key Results	Dept. of Tourism
4	Tourism	Local Lodging Taxes	Wyo. Lodging and Restaurant Assoc.
5	Tourism	Written Testimony	Teton Village Resort District
6	Tourism	Jackson Hole Airport Emplanements	Jackson Hole Air
7	Game & Fish	10 LSO 0032.L1-Illegal stocking of fish.	Legislative Service Office
8	Game & Fish	10 LSO 0152.W1-Aquatic invasive species-2	Legislative Service Office
9	Game & Fish	10 LSO 0037.W2-Aquatic invasive species.	Legislative Service Office
10	Game & Fish	Written budget	Wyoming Highway Patrol
11	Game & Fish	Written budget	Game & Fish
12	Game & Fish	Written testimony	Trout Unlimited
13	Wyoming Conservation Corps	Annual report	Wyoming Conservation Corps