The Wyoming legislative interim committees are grinding to an unceremonious conclusion in October and November. The Joint Interim Committees have examined a plethora of issues of concern to them as well as Wyoming citizens. Unfortunately, only the low hanging fruit has been harvested thus far. The tone of anti-tax conservatives in a time when the budget has little more room before cuts filter down to damaging quality of life and chances for the vision of diversifying the state's revenue streams is at the tipping point.
Joint Transportation Highways and Military Affairs Committee - The Committee met at the Casper International Airport in the Observation Deck to discuss bills previously requested. Sen. Stephan Pappas (R) Cheyenne introduced 20LSO-0177, "Highway Infrastructure Funding Task Force" bill that sought to form a Task Force combined of legislators, agencies and stakeholders to explore all options available to fund the states deteriorating highways. Readers may remember that the Association testified against two funding methods proposed in the legislature....indexing of fuel tax and tolling of Interstate 80. The indexing concept failed to consider that indexing is unconstitutional in that it allows the administration to determine and raise fuel taxes based on a consumer price index calculation. The rub in this concept is that the constitution prohibits anyone raising taxes except the legislature. The tolling of I-80 allowed through the creation of a tolling authority, 20LSO-0139 "Tolling authority for I-80", was tabled while the Committee examined Sen. Pappas's bill. At the meeting in Cheyenne in August, the Committee heard substantial testimony against the tolling concept for a number of reasons. The Committee was convinced to table the bill while Sen. Pappas worked in the Task Force bill. The Committee anguished over nuances with the Task Force from funding of the Task Force and who should be paid per diem and who should not, to who should participate in the Task Force (Sen. Hutchings believing private industry does not need to participate!), to what options the Task Force should examine...which incidentally was the rationale behind the Task Force to examine ALL options), the Committee was not convinced and defeated the bill on a 5 "Yes' and 8 "No" vote. This means that the only funding mechanism on the table legislatively is the WPMA supported $.03 per gallon fuel tax increase. WPMA proposed this idea in lieu of the indexing measure. WPMA believes that there is room for a tax increase without putting the state lower than surrounding states. The concept of keeping up with inflation was not lost on the Trustees who forwarded the fuel tax increase to supplant the indexing concept, this bill being a substitute to address the "keeping up with inflation" mindset. As of this Newsletter, the $.03 per gallon fuel tax increase bill is the ONLY measure on the table to address the $135 million shortfall of annual highway maintenance and upkeep. Obviously, the legislature has, yet again, kicked the can down the road on how Wyoming will address rapidly deteriorating highways.
The Joint Travel, Recreation, Wildlife and Natural Resources Committee met in Dubois on October 2-3, 2019, to address interim study bills, including this bill that has been resuscitated several times. 20LSO-0217, "Wyoming Gaming Commission", is the most recent attempt (having been rejected at the previous hearing) by the legislature to reign in the very loose and unclear industry oversight...particularly on the enforcement side (who has statutory authority...local, county or Attorney General?). The Committee heard testimony that the current Parimutuel Commission should be transformed into a "Gaming Commission" that would regulate bingo, raffles, skilled games, poker and a host of other gambling issues, including staffing. The majority of Committee testimony was either against or "had concerns" with the bill. Several witnesses took umbrage with the bill primarily regarding the horse racing staff and management becoming the oversight and regulations and enforcement entity for all Wyoming gambling. At issue is the concern that the new agency could potentially have a penchant for horse racing/gambling issues, and potentially not be unbiased or neutral in the regulation of gambling in Wyoming. Of importance in this discussion it that WyoLotto will not be under that new Gaming Commission's oversight. That responsibility remains with the legislature, who has done a commendable job in ferreting out critical operational issues, including the WPMA driven issue of assurance that Executive Sessions have sideboards similar to all other state agencies and instrumentalities of the state that will require legislative and proposed-legislation discussions to be transparent and open .
The Joint Judiciary Committee will be meeting in Cheyenne on Halloween at the Wyoming Liquor Commission building in east Cheyenne. This timely alignment of spirits and spirits will conjure up discussions on the evil theft of motor fuel, still a pervasive problem in Wyoming. WPMA polled Wyoming members on the continued need of the suspension penalties in Wyoming statute. Several members responded that they continue to support inside sales driven by customer convenience and not by pre-pay requirements forced on them by miscreant perpetrators who, for whatever reason believe that "pump and run" is a good practice. The poll demonstrated the rural retailers are experiencing heightened levels of fuel theft that, by and large, seldom gets reimbursed. WPMA wrote and lengthy letter to the Committee educating them on the nuances surrounding pre-pay and inside sales. Indeed, a new pump decal campaign is in the works to reinvigorate the "Anti-Pump-and-Run" campaign. A sample decal...only one option of many...is referenced at the end of the document. WPMA will fight to keep the program alive given the deterrent impact of the potential sever consequences of a second fuel theft....suspension of driving privileges in Wyoming. Marketers and retailers already know the realities of ever being compensated fully for an offense. It seldom happens.
The remaining bills of interest on tobacco/nicotine products of raising the age to 21 years old, requiring age verification on internet sale deliveries and taxing vaping products will not be hear until the final Joint Revenue Committee on November 11-12, 2019.
Final reminder....the next session is the Biennium Budget Session where 2/3rds vote is required for a bill to be introduced. All bills...committee or individual, must pass this vote at introduction. Accordingly, all the work of interim committees ultimately face scrutiny of the full body and many times, their work is deemed insufficient. And of course, any topic that is rejected by interim committees can be turned into an individual bill and attempt introduction. There are lots of procedural avenues available is a legislator has the determination...and the votes, to forward an measure.
