![[Top]](/images/nav-top.gif)
![[Back]](/images/nav-back.gif)
![[Home]](/images/nav-home.gif)
December 13, 2005
Legislative Conference Room
Cheyenne, Wyoming
Senator Grant Larson, Chairman
Representative Randall Luthi, Vice Chairman
Senator Jim Anderson
Senator John Hines
Senator Rae Lynn Job
Senator Mike Massie
Senator John Schiffer
Representative Roy Cohee
Representative Ross Diercks
Representative Tom Lockhart
Representative Wayne Reese
Representative Ann Robinson
Representative Colin Simpson
None
Dan J. Pauli, Director
Mark Quiner, Assistant Director
Dave Gruver, Assistant Director
Lynda Cook, Staff Attorney
Dave Nelson, School Finance Manager
Wendy Madsen, Legislative Information Officer
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 3:00pm. The following sections summarize the Council proceedings by topic. Please refer to Appendix 2 to review the Council Meeting Agenda.
Minutes from the October 24, 2005 Council meeting were approved without changes.
Mr. Dave Gruver explained that rules promulgated by the Game and Fish Department on Private Fish Stocking and rules from the Wildlife and Natural Resource Trust Account Board did not receive a majority vote for approval from members of the Council, which was taken by mail ballot, and that LSO staff had recommended that the Council consider the rules at this meeting. Mr. Gruver requested that Ms. Lynda Cook explain the LSO rule reviews and LSO’s concerns regarding the proposed rules.
Ms. Cook presented information to the Council regarding rules promulgated by the Wyoming Game and Fish Department regarding private fish stocking and fish hatcheries. Ms. Cook summarized the proposed rules, which establish license and permit requirements for private fish stocking, regulate fishing preserves in the state, and establishes regulations for private fish hatcheries. She explained several provisions within the proposed rules for which the LSO found statutory authority somewhat questionable. (See Appendix 3.)
Ms. Cook explained that by requiring that the licensee pay the costs of removal of fish that must be disposed of, the Department has exceeded it authority by establishing an additional fee for the removal of species. She noted that, while an agency may establish rules necessary to carry out statutes, they may not require the payment of fees unless specifically authorized to do so in statute. She noted that the rule review suggested that the Council may wish to consider recommending that the Governor use his line item veto authority to address the concerns raised in the rule review repot to eliminate the need to repromulgate the rules to address the concerns raised or for the Governor to direct the agency to rescind the rules and address the concerns raised.
Mr. Mike Stone, from the Wyoming Game and Fish Department, and the Department’s Attorney General representative, Mr. Levi Martin, addressed the Council regarding the Department’s justification for the rules and answered questions from Council members about the rules.
Representative Simpson moved that the Council adopt LSO’s staff recommendation and convey the staff’s recommendation to the Governor. The motion carried.
Ms. Cook explained that the Wildlife and Natural Resource Trust Account Board promulgated rules to implement the Wyoming Wildlife and Natural Resources Funding Act adopted during the 2005 legislative session. She summarized provisions in the rules, which establish the protocol for the Trust Account Board meetings, internal administrative procedures, and criteria for receiving monies from the trust income account to fund authorized projects. The rules require matching contributions either in cash or in-kind and provide for a preliminary screening of grant applications and then a final application and site visit process. Ms. Cook noted that the rules primarily reiterate statutory provisions. She explained to the Council that LSO’s main concern raised in the rule review is a provision to address the purchase of real property, which may exceed statutory authority. She also noted that the rules provide very general guidelines for acting on grant applications, but that the draft grant application packet is much more specific about how grant applications will be ranked. (See Appendix 4.)
Mr. Pat Crank, Wyoming Attorney General, and Mr. Bob Budd, the Executive Director of the Wildlife and Natural Resource Trust Account Board, met with the Council to explain the Board’s rules. Mr. Crank believed that the Board does not need to adopt rules regarding funding grant applications and that the Board should be commended for creating funding application guidelines. Mr. Budd noted that the process the Board has adopted is very transparent. Mr. Gruver stressed that it is a legislative intent call, and although he agrees that the Board would not need to include the guidelines in rule, it is something the Council may wish to consider.
Representative Simpson moved that the Council recommend the Governor adopt the LSO suggestion on the rule at Chapter 6, Section 1, to delete the first reference of “to be held by the state of Wyoming,” and that the Board cross reference the dollar amounts that affect the small projects and large projects stated in rules with the exact language provided in statute. The motion carried.
Mr. Gruver provided an update for the Council regarding the number of drafting folders that the LSO currently had open and provided a comparison to previous budget sessions. He noted that 334 drafting folders were open as of this meeting and 152 of those were for committee bills. He explained that historical trends confirm that there is an increasing amount of legislation sponsored by committees, because committee work is increasing overall.
Mr. Gruver updated the Council on issues related to the opinion issued by the Attorney General in January regarding the investment of state trust funds. He summarized legislation and action taken by other committees regarding trust fund bills. The Council took no additional action on this issue at the meeting.
Ms. Mary Meyer, of PIN-Wyo, addressed the Council regarding a request to create pins for the Wyoming Legislature using the legislative logo. She explained that PIN-Wyo has created pins using the Wyoming State Seal and would be willing to work with the Legislature to create similar pins using the legislative logo that PIN-Wyo could sell to legislators.
Mr. Dan Pauli explained that the logo is trademarked by the Wyoming Legislature and that Management Council policy requires the Council to provide written permission for commercial use of the legislative logo. He noted that Council may also wish to consider under what conditions to allow the production of pins using the logo.
The Council discussed options for production of pins and distribution. Senator Larson noted that he would like to see pins with the legislative logo be made available only to Wyoming legislators. The Council also discussed options to uniquely number pins and whether to restrict the quantities produced. Representative Robinson suggested that Council authorize distribution of a set number of pins at this time, allowing PIN-Wyo to request additional production runs from Council, as needed. Senator Hines noted that he would like to see uniquely numbered, high quality pins, even if the cost to legislators to purchase a pin would increase.
Representative Luthi moved that Council authorize PIN-Wyo to produce 300 pins, to be made available only to past, current, and future legislators. The motion carried. The Council also requested that the pins be individually numbered, if possible.
Mr. Mark Quiner explained the legislation LSO drafted at the Council’s direction at its last meeting to increase the salaries of the statewide elected officials. He reminded the Council that Representative Pete Illoway requested the Council consider such legislation. He explained that the legislation drafted would increase each elected official’s salary by $10,000, as requested by the Council at its October meeting. He noted that the legislation would not take affect until January 1, 2007 because the Wyoming Constitution prohibits enactment of salary increases while in officials are in office. He explained that the legislation also includes an appropriation to each office to cover salary and benefit expenses through June 30, 2008, after which time it would be included in each office’s budget. (See Appendix 5.)
The Council members discussed whether it was appropriate for the Management Council to sponsor a bill of this nature. Senator Massie questioned if the bill was within the purview of the Council. Representative Luthi noted that the House Chairman of the Corporations Committee requested that Management Council consider the bill, because of uncertainty whether the Corporations Committee has jurisdiction over this issue. Mr. Pauli noted that, although the Council traditionally sponsors bills related to the Legislature, there is nothing in statute that precludes the Council from sponsoring specific types of bills and that last year the Council did sponsor bills related to issues dealing with the five elected officials. Senator Job noted that the issue of what types of bills Council should sponsor should be reviewed by the Select Committee on Legislative Process.
Representative Luthi moved that the Management Council sponsor 06LSO-0254.W1, Statewide Elected Officials Salaries – Increase. The motion failed with a roll call vote of 6 ayes and 7 noes. (See Appendix 6).
Mr. Pauli explained that the Joint Corporations Interim Committee has requested a budget increase of $3,000 to allow for one more committee meeting to consider recommendations of a subcommittee, which has been tasked with reviewing the issue of telecommunications. (See Appendix 7.) He noted that there is $22,000 in the Management Council reserve, but that part of those funds will be used to cover the costs of the Utility and Tax Relief Task Force.
Representative Luthi moved to grant an additional $3,000 to the Joint Corporations Committee to discuss the topic of telecommunications. The motion carried.
Mr. Pauli presented four schedules for Council’s consideration regarding the alternatives for meeting during the 2006 Budget Session. He noted that the first schedule was based on meeting for 20 days, without convening on Saturdays. He clarified that this schedule assumes that the Legislature would convene on President’s Day. He explained that the 2005 General Session recessed after 37 days, so the Legislature could meet for a maximum of 23 days in the upcoming session. Senator Schiffer moved to adopt the first alternative, which would provide a 20-day schedule that does not include Saturday work, but would include working on President’s Day. The motion carried. (See Appendix 8.)
Mr. Pauli provided the Council with a draft schedule for pre-session training on Saturday, February 11, 2006. (See Appendix 9.) He explained that legislators normally receive per diem and travel day on the Sunday before the Budget Session convenes and that funds are set aside for that purpose. He noted that sufficient funds are available to provide per diem on Friday and Saturday, if the Council elects to authorize legislators to attend the training. He noted that sufficient funds are also available to provide salary on Saturday for the training itself. He requested the Council consider whether to authorize all legislators or only freshman members to attend the training sessions.
Senator Larson noted that training was important for all legislators and encouraged all members to attend. Senator Schiffer requested that LSO offer additional computer training on Saturday, and consider offering additional computer training on Friday, February 10, 2006, if there was sufficient interest from legislators. Representative Simpson requested that the school finance briefing be scheduled late on Saturday afternoon to ensure that more legislators will be able to attend.
Representative Luthi moved to authorize per diem on Friday for legislators who travel to attend the Saturday training session and per diem and salary on Saturday, for all legislators who attend the Saturday, February 11, 2006 training sessions, and per diem for all legislators on Sunday, February 12, 2006. The motion carried.
Mr. Pauli explained that the contract for publication of the Wyoming Statutes with LexisNexis will expire following publication of the supplement after the 2006 Budget Session. He reminded the Council that at its June 2004 meeting, the Council voted to put the contract out for bid when it expired. He explained that the LSO prepared a draft request for proposal (RFP) for the Council’s consideration. (See Appendix 10.) He explained that LSO reviewed publication RFPs and contracts from a number of states and solicited comments on the draft from publishers who have expressed an interest in the contract. He noted that the RFP will also include some boilerplate language provided by the Department of Administration and Information’s Procurement section. He noted that, upon Council approval of the RFP, the LSO will begin publication of the RFP at the conclusion of the Budget Session, with the goal of Council selecting the publisher by June 1, 2006. He explained that the draft RFP includes a provision for bidders to travel at their own expense to make a presentation to the Council regarding their bid.
Representative Simpson moved to approve the RFP to rebid the contract for publication of the Wyoming Statutes. The motion carried. Representative Simpson also requested that all legislators receive a copy of the Wyoming Court Rules. Mr. Pauli noted that the Court Rules are published by the Supreme Court under a separate contract, but that Council may wish to consider including a line item in the legislative budget to purchase a copy of the Court Rules for all members.
Mr. Dave Nelson presented information to the Council regarding some model payment errors identified as part of the litigation process on the school finance model. He noted that the errors were due to data that was not properly captured under the existing model and resulted in a statewide overpayment of $695,091 involving roughly 11 districts. He explained that the Department of Education will rectify the overpayment in its February distributions of foundation payment to districts. (See Appendix 11.)
Mr. Nelson also conveyed that the Co-Chairs of the Joint Education Committee would like to request that Management Council authorize members of the Select School Finance Committee compensation to attend the remainder of the school finance model recalibration activities that will take place before the session. The Select Committee handed off its work to the Joint Education Committee at their October meeting. He explained that a public hearing is scheduled for January 10, 2006 on the recalibrated model and that a final Joint Education Committee will be held in early February. Senator Larson commended the Select Committee for the work it has done on the recalibration efforts.
Senator Anderson moved to authorize members of the Select Committee to receive compensation to attend the public hearing on the recalibrated school finance model on January 10, 2006 and to attend the final Joint Education Committee meeting in February. The motion carried.
Senator Larson addressed the Council regarding a question that has come up as to whether to continue the practice of employing weekend watchmen during the legislative sessions. He recommended that the House and Senate continue to employ weekend watchmen during legislative sessions.
Representative Luthi recommended that legislators be allowed per diem, if they elect to attend JAC budget hearings. Representative Reese agreed that exposure to the budget process is beneficial for members. Senator Hines clarified that members are welcome to observe the hearings, but that the JAC will not take legislator testimony during the hearings. Senator Larson recommended a cap on the amount of compensation that legislators could receive to attend the hearings. Senator Job recommended that legislators use their constituent service allowance to attend the hearings.
Representative Luthi moved to pay legislators up to three days of per diem and round-trip mileage to attend JAC budget hearings, but that the constituent service allowance must be exhausted before per diem will be paid. The motion carried.
The Council resolved into executive session for the purposes of considering school finance litigation. The Council reconvened in open session at 5:10pm.
The Council resolved
itself into executive session for discussion of personnel matters. Following
the executive session, the Council approved the recommendations of the LSO
compensation subcommittee in open session relating to staff promotions and
compensation adjustments.
There being no further business, Chairman Larson adjourned the meeting at 5:30 p.m.
Respectfully submitted,
Senator Rae Lynn Job, Secretary