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October 24, 2005
Room 302, Capitol Building
Cheyenne, Wyoming
Senator Grant Larson, Chairman
Representative Randall Luthi, Vice Chairman
Senator Rae Lynn Job, Secretary
Senator Jim Anderson
Senator John Hines
Senator Mike Massie
Senator John Schiffer
Representative Roy Cohee
Representative Ross Diercks
Representative Tom Lockhart
Representative Wayne Reese
Representative Colin Simpson
Representative Ann Robinson
Dan J. Pauli, Director
Dave Gruver, Assistant Director
Mark Quiner, Assistant Director
Steve Sommers, Budget & Fiscal Section Manager
Don Richards, Senior Research Analyst
Please refer to
Appendix 1 to review the Council Sign-in Sheet
for a list of other individuals who attended the meeting.
Chairman Larson called the meeting to order at 9:00 a.m. The following sections summarize the Council proceedings by topic. Please refer to Appendix 2 to review the Council Meeting Agenda.
Minutes from the July 7, 2005 Council meeting were approved with no changes.
Representative Elaine Harvey, Chair of the Select Committee on Developmental Programs, provided extensive information on the "Report on Developmental Disabilities Programs" prepared by the Select Committee. Representative Harvey reviewed the charge of the Select Committee which was to study the state's programs for persons with developmental disabilities and other states' programs for the delivery of assistance to persons with developmental disabilities, identify system changes for improvement in the delivery of services to persons with developmental disabilities, and to sponsor any necessary legislation implementing the Committee's recommendations.
Concern was expressed over the lack of administrative rules from the Department of Health for Home and Community Based Service (HCBS) waivers. Representative Harvey reported that the promulgation of 5 of the 6 sets of required rules will begin in November of this year.
Representative Harvey reviewed the Select Committee's findings and recommendations. (See page 9 of Appendix 3).
Representative Harvey then provided information on the proposed bills to be sponsored by the Select Committee including:
A. Special education funding, 06LSO-0052.W2 – the bill amends the formula for distribution of federal funds for services to preschool children with disabilities;
B. Developmental preschool funding, 06LSO-0228.W2 – the bill requires payments to developmental disabilities preschool service providers to be sufficient for the providers to provide adequate services including compensation levels for special educators. The bill also requires providers to adopt evidence-based best practices and includes reporting requirements.
C. Select committee on developmental programs, 06LSO-0151.W1 – the bill amends the duties of the Select Committee, includes reports and a funding recommendation.
Chairman Harvey stated that the Select Committee has received and reviewed the report prepared by Dr. Linda Goetze, Utah State University, entitled "An Outcomes-Based Approach to Evaluating Preschool Services and Costs in Wyoming." The Select Committee has approved this report as the final work product of consultant in satisfaction of its contract and recommends that Council authorize payment to the consultant of the retainage withheld pursuant to the terms of the consultant contract approved by Council at its September 7, 2004, meeting. Following discussion, the Council unanimously approved payment of the retainage to the consultant.
Chairman Larson thanked Representative Harvey and the members of the Select Committee for their hard work on this important topic.
Mr. Steve Sommers of the Legislative Service Office and Cochairman of CREG explained the request to add another member to CREG. The Governor and others had received a request to add the chairman of the Natural Gas Pipeline Authority to the group. Mr. Sommers indicated no one on CREG had initially been informed of the request. The Governor indicated he felt the decision on whether to add the new member should be left up to the members of CREG. The members of CREG considered the request and decided it was unnecessary to add another member. He felt that CREG does the best it can with the best available information and did not see the benefit of adding an additional member at this time. He indicated that CREG does receive natural gas price information from the Pipeline Authority and the information is considered by CREG in making its projections.
Following discussion, Chairman Larson asked if any member of the Council would like to move to add the additional member. The issue died for the lack of a motion.
Mr. Gruver indicated the LSO staff will be making changes to administrative rule reviews in the future. He stated LSO rule reviews will provide more detailed information for the Council and will include a copy of the rules in strike and underscore format if provided by the agency when the rules are first proposed.
Mr. Gruver noted the request made by Council at its last meeting regarding the requirement for strike and underscore format of final rule changes. He explained that the Secretary of State was commencing rulemaking that would require agencies to provide final rules in strike and cap format except in cases of massive amendments in which case the agency could provide a detailed explanation of where changes are being made. Appendix 4.
Rules approved by postcard ballot
Appendix 4A lists the Council's action on rules taken by mail ballot since the last meeting at which rules were considered.
Mr. Gruver had previously provided the Council with information regarding the Attorney General's interpretation of permissible investments for statutorily created trust funds and which trust fund monies were "inviolate." Under article 16, section 6 of the Wyoming Constitution only retirement funds and permanent funds of the State may be invested in equities. The Attorney General had informally opined that permanent funds of the State include only the Permanent Wyoming Mineral Trust Fund, the Permanent Land funds and the Permanent Land Income funds. According to the Attorney General, the worker's compensation funds could be invested in equities under the worker's compensation provision of the Constitution, but current statute prohibited investing worker's compensation funds in equities. The Attorney General further opined that only the 1.5% severance tax required by the Constitution to be deposited within the Permanent Wyoming Mineral Trust Fund was inviolate; additional monies deposited to that Fund were not. Statutorily created trust funds were not inviolate and were not permanent funds which could be invested in equities, but the Legislature could create sub funds of the Permanent Wyoming Mineral Trust Fund and invest those sub fund monies in equities. The monies within those sub funds would not be inviolate. LSO staff noted, in the view of the LSO, there was room for differences of opinion on some of the issues addressed.
Staff had been directed to draft bills addressing the issues presented. Mr. Gruver reviewed the various bills drafted in response to that directive and explained how the various issues were also being addressed by other Committees this interim. A summary of those bills is attached as Appendix 5 . Mr. Gruver explained that each draft reflected only one means of addressing the particular issue and that it was not intended to necessarily reflect the "best" solution. The bills were drafted to present the issues raised by the Attorney General's opinion and which now present policy issues to the Legislature.
The Council discussed the issues presented, directed staff to separate the two alternatives presented in draft 06LSO-161.W1 and agreed to consider the drafts again at a later meeting.
Mr. Pauli noted that the Council at the last meeting had requested that a bill be drafted creating statutory language to address the confidentiality of legislative communications and reflecting the policy on legislative privilege previously adopted by the Council. Mr. Pauli explained draft bill 06LSO-0106.W1, entitled, "Privileged communications." Mr. Pauli noted that in the opinion of the LSO legal staff this privilege already exists, however, the bill merely codifies the privilege. Appendix 6.
Representative Luthi moved that the definition of "legislative staff" be expanded to include legislative aides. The motion passed.
Following discussion, Representative Luthi moved that the Council sponsor the bill as a Senate File. The motion passed with a roll call vote of 12 ayes, 1 absent. Appendix 7.
Mr. Pauli explained that the definition of "public records" is very broad under the Public Records Act and that the definition would likely cover emails that contain only temporary administrative information and that have no enduring value. Retaining emails of this type has proved to be problematic and provides little benefit to the public.
Mr. Pauli explained bill draft 06LSO-0121.W2, entitled "Public records – electronic mail," Appendix 8. This bill would govern the disposition of transitory electronic mail and provides that an official or employee of a public office who is the sender or recipient of such mail may delete those messages as soon as their purpose is served.
Following discussion, Representative Luthi moved the Council sponsor the bill as a Senate File. The motion passed with a roll call vote of 12 ayes, 1 absent. Appendix 9.
Mr. Quiner explained that at the last Council meeting, a policy was adopted similar to the executive branch policy of allowing the donation of sick leave between members of the LSO staff. Appendix 10. The Council requested a bill be drafted allowing the donation of sick leave between employees of different branches of government.
Mr. Quiner explained bill draft 06LSO-0098.W1, entitled "State employee benefits," Appendix 11. The bill provides that an employee of one branch of state government may donate sick leave to an employee of another branch of government if authorized by reciprocal personnel policies.
Following discussion, Representative Luthi moved the Council sponsor the bill as a Senate File. The motion passed with a roll call vote of 12 ayes, 1 absent. Appendix 12.
Mr. Pauli explained that a potential problem may arise if a legislator receives full per diem for attending a meeting or conference when expenses for a meal or lodging have been paid directly by the state, e.g., as part of the registration fee. In this event a portion of the per diem might be treated as "income" by the IRS.
As directed at the last meeting, Mr. Pauli provided a draft policy which would allow a legislator to waive a portion of the per diem in this event.. Appendix 12.
Senator Schiffer moved that the Council adopt the policy as drafted. The motion passed.
Mr. Pauli explained interim committee budget requests received from the following Committees:
Travel - $9,500
Select Water - $11,000
Corporations - $4,000
Labor - $4,000
Following discussion, the budget requests were approved by the Council.
At the request of Representative Luthi, Appendix 14 was prepared by LSO staff which indicates the number of meetings planned for the remainder of the interim, the number of approved bills and the number of bills still under consideration.
There was general concern expressed that the number of Committee bills under consideration by some of the Committees, although perhaps addressing legitimate issues, seemed excessive both in terms of staff workload as well as the practical time limitations faced during a budget session. The number of committee meetings still to be held this late in the interim was also of concern.
Following discussion, the Council requested Chairman Larson to send a memo to the interim committee chairmen reminding them that the upcoming session will be a shortened budget session and there will be insufficient time to properly consider a large number of bills. Interim committees should therefore sponsor only those bills that are truly of an urgent nature. Committees should also be asked to make every effort to provide the public with advance opportunity to review and comment on proposed legislation prior to final committee consideration.
The Council reviewed a memo submitted by Representative Pete Illoway requesting the Council consider sponsoring legislation increasing the salaries of the state-wide elected officials. The Council discussed the matter and concern was expressed over the amount of salaries received by the state-wide elected officials compared to salaries received by other government officials.
Following discussion, Senator Schiffer moved that a bill be drafted for Council consideration increasing the salaries of the elected officials. To begin the discussion, the initial draft will provide for a salary increase of $10,000 each, which amount will be subject to modification at the next meeting. The motion passed.
Mr. Pauli provided information requested by Representative Luthi on the status of the budget for out-of-state travel. Mr. Pauli indicated that at the current rate of expenditure, the budget for out-of-state travel will be short around $75,000. He indicated that there will likely be sufficient funds elsewhere in the legislative budget to cover the shortage if transfer of those funds is authorized by the Council.
Representative Luthi moved that funds from other expense categories in the legislative feed bill be "flexed" to cover any shortfall in out-of-state travel. The motion passed.
Chairman Larson expressed concern over the disparity in travel expenses for legislators attending the same meeting. He asked that Director Pauli provide some additional clarification prior to the next meeting.
Senator Job expressed concern over increased energy costs for the upcoming winter which will have a severe impact on the elderly, retired and low income citizens. Since the increase in utility costs will result in hardship prior to the Budget Session, Senator Job urged the Council to consider a special session to address the needs of those most impacted by high utility, gasoline and other rising costs. She noted that the state's budget is currently sufficient to provide some measure of relief to Wyoming citizens.
The Council discussed the proposal extensively. Concern was expressed over the lack of sufficient time to adequately consider proposals for relief prior to a special session being held.
Following discussion, Representative Luthi moved that the Council authorize the Speaker of the House and the President of the Senate to appoint a task force to begin gathering ideas and legislative solutions to grant relief to Wyoming citizens. The solutions should include options to address the high cost of utilities, gasoline and property taxes among others. Any legislative solutions proposed by the task force could then be presented to the Legislature for the upcoming Budget Session. Funding for the expenses of the task force would be paid from the remaining "Management Council reserve" available for interim committee work . The motion passed.
The Council briefly resolved into executive session for the purpose of considering an issue relating to education finance. Following a briefing by LSO staff, Chairman Larson noted that this matter need not be the subject of an executive session. Details of the LSO staff briefing are set out in Appendix 15.
Chairman Larson announced the next meeting of the Council will be in the first part of December.
There being no further business, Chairman Larson adjourned the meeting at 4:15 pm.
Respectfully submitted,
Senator Rae Lynn Job, Secretary