Committee Meeting Information

July 15 & 16, 2010

Days Inn

Thermopolis, Wyoming

 

committee Members Present

Senator Bruce Burns, Chairman (7/15)

Senator Hank Coe (7/16)

Senator Kit Jennings

Senator Sandra Meyer

Representative Pat Childers, Chairman

Representative Kermit Brown

Representative Cathy Connolly

 Representative Lori Millin

Representative Lisa Shepperson

 

Committee Members Not Present

Senator Bruce Burns, Chairman (7/16)

Senator Hank Coe (7/15)

Senator Dan Dockstader

Representative Dave Bonner

Representative Allen Jaggi

Representative Kathy Davison

Representative Bill Thompson

 

 

Legislative Service Office Staff

Lynda Cook, Staff Attorney

 

Others Present at Meeting

Representative Sue Wallis

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 (July 15 & 16, 2010)

 

The Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee met in Sundance to consider issues relating to the department of state parks and cultural resources, including electronic records management and storage, supplemental funding and off road vehicles.  The committee considered the regulation of poker under Wyoming statutes, and issues concerning the Pari-Mutuel Commission. 

 

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 May, 2010 Committee meeting were approved.

 

Wyoming Travel & Tourism

 

Diane Shober, Director, discussed the meetings and interviews the department has held in developing the master plan.  They are scheduled to receive the report in September.   She noted that raw data is posted online at www.frontdoor.com.  Some legislation may be requested but they do not have an idea on what that would be right now. 

 

Film Industry Financial Incentive Program

 

Ms. Shober discussed the use of the FIFA program.  (Appendix 3).  The program sunsets on June 30, 2011.  The department has allowed some monies to revert in response to the statewide 10% cut in expenditures. 

 

Ms. Shober noted certain challenges with the program.  The majority of the requests are for filming on public lands.   The permitting requirements vary from agency to agency and there are problems with timing of approval of those permits.  She also noted the lack of infrastructure with both physical buildings and phone and internet access.  Finally, the lack of local skilled crews is a problem.

 

The department is looking at developing a crew base through the northwestern community college.  They are also working with workforce services.

 

The committee discussed the documentation of Wyoming expenditures and the types of projects that are funded through the program.

 

Senator Jennings moved to eliminate the sunset and let the funds revert.  The motion was withdrawn.

 

Rep. Brown moved for a bill to extend the sunset to 2016 and to clarify the language of the appropriation to ensure it does not revert until 2016.  The committee approved.

 

Chairman Childers ask Ms. Shober to bring the committee statistics on what other states are doing, how much funding they have and what projects they have landed.  She will also bring statistics on what these projects have brought into Wyoming.  Additionally, Rep. Connolly asked for some evidence of whether the projects would have come to Wyoming anyway.

 

 

State Parks & Cultural Resources

 

Milward Simpson introduced his staff and board in attendance.

 

Electronic Records Management.

 

Sara Needles provided an Archives Information Management Plan.  (Appendix 4).  Roger Joyce, State Archivist, explained what the department is statutorily required to maintain.  He explained the need for additional storage.  There was discussion about the purchase of the Unicover building and how that has turned out to be a mistake.

 

Rep. Brown moved to have a bill drafted to fund $153,000 for shelving and expanded space remodeling within the existing building.  The committee approved.

 

The committee discussed the proper methodology for receiving electronic records and the limitations of technology on storing those records.  The department would like to hire a consultant to advise them on the best methodology and standards for such storage.  Ms. Needles offered to bring the committee a plan for a scope of work for a consultant in this regard.

 

The next step would include a pilot project to implement the policies developed.

 

The committee asked LSO to work with Ms. Needles to develop a bill to handle initial statutory changes they feel are needed for acceptance of digital records.  

 

The committee requested another bill to hire a consultant with details about scope of work.

 

The committee requested another bill to build a new building, including archives and state museum.

 

11LSO 0075.W1 – State parks-vehicle registration fees.

 

Domenic Bravo, State Parks administrator, presented the bill.  (Appendix 5)  The bill provides for an additional $5 fee on motor vehicle registrations.  People can opt out of paying the fee.  If the fee is paid, occupants in cars registered in Wyoming will be able to access state parks without paying the daily use fee.  Camping fees and daily use fees for other sites (historic sites etc) would still apply.   The fees would be distributed 50% to operation and maintenance and 50% to capital construction.  See Appendix 6.

 

The committee discussed the situation at Glendo with the flooding this year.

 

Senator Jennings moved to table the bill until changes can be made to make the program an opt in without waiver of state park entry fees.  Motion failed. 

 

Rep. Shepperson moved to make the decision an opt out without certification and delete daily use fees for residents.  The motion passed.

 

The committee discussed the bill and the need for the bill. 

 

LSO will make the changes and bring the bill back to the next meeting.

Volunteers

 

State parks volunteers are not covered under worker’s compensation.  W.S. 27-14-108(e) (x) covers Game & Fish volunteers and the department of state parks and cultural resources would like their volunteers to be covered as well. 

 

The committee asked LSO to draft a bill for consideration at the next meeting.

 

De Minimis Acquisitions of Land.

 

Joe Bonds discussed the department’s current land issues.  The department is currently developing rules for disposing of lands under last years de minimis bill.

 

Mr. Bonds provided a presentation regarding the site criteria process for acquisitions (Appendix 7).  He described several properties they are considering in the site criteria process:

- Douglas Officer’s Quarters, (former POW camp).

- LX Bar Ranch originally owned by Governor Kendrick.

- Section 16 Gowdy State Park to be purchased from State Lands.

- Historic Golf Course at Guernsey State Park – only two holes remain (on National Guard land and they are willing to give it to the state), the department wants to rebuild the entire 9 holes.

- 80 acres near Hot Springs Park which is part of the bison pasture and is owned by SLIB.

 

The committee asked LSO to draft bills to accept or purchase all these properties.

 

State Trails Program

 

Bill Westerfield provided a presentation regarding the trails program.  (Appendix 8).  The department would like some statutory clarification regarding snowmobile user fees.  The statute does not address what to do with a non-resident who cannot prove registration in their home state.  The department suggests charging a single fee for registration and user permit.  The committee asked LSO to draft a bill.

 

The department is concerned that part of the snowmobile application for registration requires them to show proof of payment of sales tax.  The selling agents are not government officials and they are not required to do it for ORVs.  The department would like to remove that requirement.  The requirement should now be that they have to show title for both snowmobiles and ORVs.  The committee asked LSO to draft a bill.

 

Selling agent fees are different between selling state park permits and snowmobile/ORV permits.  The department would like to allow them to retain the same percent for both.  The committee chose not to proceed with this issue.

 

The department is concerned that they have no authority to enforce state trails statutes off of state parks lands.  The department would like to amend peace officer authority to extend to enforcing snowmobile and ORV registration statutes state-wide.  The committee asked LSO to draft a bill.

 

The department is concerned that changes in the statutes have resulted in requirements for minors to wear helmets on motorcycles but not on ORVs.  The department would like the helmet requirement for all Multi-Purpose Vehicles.  The committee chose not to proceed with this issue.

 

The department is concerned about the definition of a trail.  The committee asked LSO to draft a bill.

 

Under-sheriff Adams, Crook County Sheriff’s office, expressed concern that insurance is not required for ORVs. 

 

ORV Definitions

 

Dave Picard, Polaris Industries, provided suggestions for changing the definition of Off Road vehicles.  (Appendix 9).  Mr. Picard suggested that statutory definitions throughout the United States are not consistent.  2009 HB 242 changed the definition to accommodate newer types of vehicles.  Mr. Picard suggested increasing the weight limit because more and more accessories are being added at the manufacturer level.  He suggested removing the wheel rim size as times have changed.  He suggested an additional type of ORV up to 2000 pounds and leave the authority to the department which types of ORVs may be operated on which trails.

 

Brad Hills, Trails Manager testified that the statute currently covers the new type suggested as type 3.  He also noted that it is becoming increasing difficult to maintain trails and bridges as vehicle weights become heavier.

 

The committee asked Mr. Picard to work with the state trails people and LSO to bring a bill to the next meeting.

 

11 LSO 0066.W1 – Gambling-definitions.  (Appendix 10)

 

Mike Moser, Association & Advocacy Group, and Tom Montoya, Department of Revenue, presented the bill.  The bill offers two options.  The first removes card games from the requirement for a social relationship but still requires no direct profit for the business owner.  The second puts in statute the Colorado courts’ analysis for definition of bona fide social relationship. 

 

The committee amended the bill as follows:  Delete lines 1-4 page 3.

 

The bill passed (Jennings, Meyer, Brown opposed). 

 

Chairman Burns recessed the meeting at 5:15 p.m.

 

Chairman Childers reconvened the meeting at 8:00 a.m., July 16, 2010

 

Pari-mutuel commission.

 

Charles Moore, Director of the Pari-Mutuel Commission, addressed the committee. 

 

11 LSO 0067.W1 – Pari-mutuel commission – purses. (Appendix 11).

 

Mr. Moore presented the bill.  The bill sets aside 5% of the total handle wagered to be paid in purses.  The bill specifically states that the contributions shall be derived from the net proceeds of the race meet revenues, other than the permittee’s share of the pari-mutuel wagering handle.  Lee Eisenberger, Pari-mutuel commissioner, testified that the 2010 House Bill 46 should help.  The committee tabled the bill until the next meeting.

 

11 LSO 0068.W1 – Pari-mutuel commission – amendments.  (Appendix 12)

 

The bill limits who is required to be licensed by the commission.  The bill also increases the fining authority of stewards.

 

Representative Sue Wallis testified in favor of the bill.  She is looking to strengthen the horse racing industry.  She invited the legislators to join her this summer to find other alternatives with all the stakeholders.

 

The committee discussed the propriety of increasing the fining ability of the stewards.

 

The bill passed unanimously.

 

Advanced Deposit Wagering

 

Mr. Moore explained that advance deposit wagering is the ability to bet from your own home.  (Appendix 13).  The practice is legal in Wyoming but is not a source of income for the pari-mutuel commission.  The commission would like the authority to charge a source market fee.  Mr. Moore provided a copy of the language of a Colorado bill allowing them to do this.  The committee asked that the tabled bill, 11 LSO 0067.W1, be brought back with this concept in order to enhance purses.

 

The committee announced that the next meeting will be in November 18 & 19 and possibly the morning of the 20^th  in Laramie.

 

Upon adjournment the committee took a tour of Keyhole State Park and Vore Buffalo Jump and then attended the grand opening of the northwest visitor's center.

 

 

Meeting Adjournment

 

There being no further business, Chairman Childers adjourned the meeting at 9:00 a.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		Travel & Tourism		FIFI Sunset		Diane Shober
4		State Parks		State Archives Information Management Plan		State Parks & Cultural Resources
5		State Parks		11 LSO 0075.W1 – State parks-vehicle registration fees		Legislative Service Office
6		State Parks		Vehicle Registration Fees		State Parks & Cultural Resources
7		State Parks		Potential Land Acquisition Projects		State Parks & Cultural Resources
8		State Parks		Snowmobile Registration PowerPoint		State Parks & Cultural Resources
9		State Parks		Off Road Vehicle Definitions		Dave Picard
10		Poker		11 LSO 0066.W1  - Gambling-definitions		Legislative Service Office
11		Pari-mutuel Commission		11 LSO – 0067.W1 – Pari-Mutuel Commission – purses.		Legislative Service Office
12		Pari-mutuel Commission		11 LSO – 0068.W1 – Pari-Mutuel Commission – amendments.		Legislative Service Office
13		Pari-mutuel Commission		Advance Deposit Wagering		Charles Moore