Council Meeting Information

January 24, 2008

Room 302 Wyoming State Capitol

Cheyenne, Wyoming

 

Council Members Present

Representative Roy Cohee, Chairman

Senator John Schiffer, Vice Chairman

Senator Jim Anderson

Senator Ken Decaria

Senator John Hines

Senator Jayne Mockler
Senator Tony Ross

Representative Tom Lockhart

Representative Tom Lubnau

Representative Marty Martin

Representative Colin Simpson
Representative Bill Thompson

 

Council Members Absent

Senator Mike Massie

 

Legislative Service Office Staff

Dan J. Pauli, Director

Mark Quiner, Assistant Director

Dave Gruver, Assistant Director

Wendy Madsen, Legislative Information Officer

 

Others Present at Meeting

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

Executive Summary

The Management Council met for one day on January 24, 2008 in Cheyenne.  The Council received the Annual Report on Administrative Rules and received an update on the recent Supreme Court ruling on the State’s school finance system.  Council voted to sponsor legislation related to school finance rebated recapture, legislative per diem, statutory reporting requirements, the revisor’s bill, the legislative branch appropriation, and board compensation.  Council adopted policies relating to legislator out-of-state travel, the artwork donation program, legislator compensation, and floor recognition ceremonies during the session.   The members also discussed promotion of the legislative institution, a potential partnership with Inner Mongolia, judicial salaries, timing of the budget bill, and personnel issues.  The Council plans to meet again at the end of the 2008 Budget Session. 

 

Call To Order

Chairman Cohee called the meeting to order at 9:05am.  The following sections summarize the Council proceedings by topic.  Please refer to Appendix 2 to review the Council Meeting Agenda.

 

Approval of Minutes

Minutes from the October 19, 2007 Council meeting were approved without changes.

 

Administrative Rules

Mr. Dan Pauli explained that there were no rules on the non-consent list for Council’s consideration.  He summarized the Annual Report on Administrative Rules, prepared by the LSO Legal Services Division for the Council.  This report describes the actions taken on administrative rules during the past year by the Management Council.  He noted that the Governor took all action on rules that the Council recommended. 

 

School Finance Litigation Update

Mr. Mike O’Donnell and Ms. Amy Pauli, of the Wyoming Attorney General’s Office, School Finance Litigation section, updated the Council on the recent Supreme Court ruling on the state’s school finance system. Mr. O’Donnell explained that after 35 years of litigation, the State has prevailed in the school finance case. He explained that the Court declared Wyoming’s school finance and school capital construction system constitutional and the Court has ended its active jurisdiction over school finance issues.  He noted that the state will continue to recalibrate the funding model every five years, as required by statute and will analyze the system to adjust for inflation based on historical average costs. 

 

Mr. O’Donnell provided the Council with a summary of the Court’s opinion (see Appendix 3) and responded to questions from members of Council regarding the Court’s findings. Representative Lockhart requested that Mr. O’Donnell provide a summary of the State’s response to the Supreme Court decision to Council members. 

 

Mr. O’Donnell noted that the Legislature has funded the most extensive school system in the world, and yet the State has not seen the same kind of gains in student achievement that would match that funding.  He explained that the funding resource allocation study should answer some of the questions about funding and student achievement. 

 

Draft Bills for 2008 Session

 

Rebated Recapture Bill

The Council resolved itself into executive session at 10:40 a.m. to hear additional information from Mr. O’Donnell regarding rebated recapture.  The Council resolved itself back into open session at 11:00 a.m. 

 

Mr. Dave Gruver provided an overview of draft legislation 08LSO-0073.C1, School Finance – Rebated Recapture.  He noted that the draft contains a statement of legislative intent and application.  He explained that a statement of legislative intent provides what was intended by the legislation at the time the body passed the bill.  Without an intent statement, the Court will try to figure out what was intended.  Mr. Gruver noted that the Wyoming Legislature typically does not use legislative intent statements, but he found at least 40 examples when the body did adopt intent statements. 

 

Mr. Dave Nelson explained that the bill was brought to Council at its October meeting and Council requested that the legislation be tabled for this meeting. He explained the legislation to the Council and provided background on the rebated recapture issue. 

 

Representative Simpson moved to sponsor the bill (08LSO-0073.C1) as a Senate File.  The motion passed with a roll call vote of 10 ayes (Cohee, Schiffer, Anderson, Decaria, Mockler, Ross, Lockhart, Martin, Simpson, Thompson), two noes (Hines, Lubnau) and one absent (Massie.)  (See Appendix 4, 08LSO-0073.C1, and roll call vote form at Appendix 5.)

 

Legislative Per Diem Bill

Mr. Pauli explained the bill (08LSO-0155.W2) and its associated fiscal impact.  He explained the difference between legislative compensation and reimbursement for expenses.  He noted that the Constitution provides that salary and mileage cannot be increased during a legislator’s term, but that
case law provides that per diem is a reimbursement for expenses and can be changed for the current Legislature.  He also explained that this legislation would impact other agencies that tie their reimbursement rates to legislative per diem rates.  He noted that an appropriation of $68,000 to the State Auditor would address these impacts. 

 

Representative Illoway addressed the Council regarding rising costs for hotel rooms in Wyoming and the inadequacy of the current per diem rate to cover these costs, noting that the per diem rate is to cover both hotel and meal expenses and that the current rate often does not even cover the cost of the hotel room.  Representative Cohee noted that the reimbursement rate of $109 provided in the legislation is based on federal guidelines. 

 

The Council raised questions about administration of actual expenses in lieu of per diem.  Mr. Pauli noted that he would envision that Council would adopt policies to administer that provision, if it passes.  Senator Schiffer moved to amend the legislation by inserting the word “policy” on line 17, page 2, after “Council” and on line 14, page 3, after “Council.” The amendment carried. 

 

Mr. Pauli noted that the Council may wish to include the necessary appropriation for the increased per diem in the legislation for both the LSO and the State Auditor.  Representative Simpson moved to amend the legislation to include an appropriation of $402,688.36 to the LSO and $68,000 to the State Auditor. 

 

Senator Schiffer moved that Council sponsor the legislation (08LSO-0155.W2) as a House Bill.  The motion passed with a roll call vote of 12 ayes and one absent (Massie.)  (See Appendix 6, 08LSO-0155.W2, and roll call vote form at Appendix 7.)

 

Bill on Reports Due to the Legislature

Mr. Gruver explained actions taken by legislative committees directed by Council at its October meeting to review and make recommendations regarding continuation of reports required in statute.  He explained the bill that staff drafted based on these recommendations for Council’s consideration (08LSO-0139.C1). Senator Ross moved to include amendments to the bill from the Joint Judiciary Committee (see Appendix 8).  The amendment carried. 

 

Mr. Gruver noted that at the October meeting, two reporting provisions were included for Management Council review, which included W.S. 16-4-104(j) and W.S. 28-1-116(a)(b).  Senator Schiffer moved to repeal these two provisions as an amendment to the bill.  The motion carried. 

 

Senator Schiffer moved to sponsor the bill (08LSO-0139.C1) as a Senate File and the motion carried on a roll call vote with 11 ayes and two absent (Massie, Mockler.)  (See Appendix 9, 08LSO-0139.C1, and roll call vote form at Appendix 10.)

 

Mr. Gruver noted that a committee may wish to look at obsolete provisions that are referenced after a requirement has been deleted.  He noted that this could be included in a broader review of obsolete provisions in statute.  Representative Lockhart noted that he would be willing to serve on a sub-committee to look at this issue and moved that Management Council appoint a sub-committee to review obsolete provisions.  Representative Martin suggested that this work could be assigned to the Select Committee on Legislative Process.  Mr. Gruver noted that the work would likely be a two- to three-year process.  Representative Cohee suggested that this issue be considered when Council assigns interim topics at the end of the session. 

 

Revisor’s Bill

Mr. Gruver presented the revisor’s bill (08LSO-0039.C1) for the 2008 Budget Session, which is sponsored each year by the Management Council to correct inadvertent errors in the statutes from previous legislative sessions.  He noted that the bill is longer this year to address some additional provisions listed in the publisher’s brackets. He also noted that LSO legal staff have been reviewing other “clean-up” issues that likely have policy implications and that should be reviewed by a committee in the future, combined with the committee discussed above. 

 

Representative Simpson moved the Council sponsor the bill as a House Bill.  The motion passed with a roll call vote of nine ayes and four absent (Schiffer, Massie, Ross, Lubnau).  (See Appendix 11, 08LSO-0039.C1, and roll call at Appendix 12.)

 

Bill Modifying Statues that Tie Board Members’ Compensation to Legislative Rates

Mr. Pauli explained that the LSO brought this bill (08LSO-0256.W2) to the Council because a number of boards and commissions tie their compensation to the Legislature’s compensation, which will be increasing in 2009.  He noted that the 2005 legislation includes a half-day of salary for travel to and from committee meetings and includes salary for committee preparation.  The draft legislation provides that references to legislative compensation in other statutes refer to the amount of per diem or amount of salary and do not include compensation for preparation or travel days. Senator Schiffer moved to sponsor the bill as a Senate File and the motion carried on a roll call vote of 11 ayes and two absent (Massie, Lubnau.)  (See Appendix 13, 08LSO-0039.C1, and roll call at Appendix 14.)

 

Management Council Policies

 

Council Approval for Third Out-of-State Trips

Chairman Cohee explained that Council requested that staff draft language for Council’s consideration modifying the current policy for out-of-state travel for legislators.  He noted that the current policy allows members to attend two out-of-state meetings each year without prior approval.  Additional travel requires the advance authorization of the presiding officer.  Representative Cohee explained that some members seek authorization at the last minute and after they have already initiated travel arrangements and that members should make these requests well in advance.  Mr. Pauli explained that the proposed changes would require Management Council approval for additional travel beyond the two out-of-state trips.  He noted that Council could provide approval through postcard ballot between meetings.  Senator Schiffer moved to adopt the revisions to the travel regulations.  The motion carried. 

 

Amendments to Artwork Donation Policy

Ms. Liliane Francuz of the Wyoming State Museum and Ms. Madsen addressed the Council regarding modifications to the Council’s artwork donation program policy.  Ms. Madsen explained that the LSO has entered into a MOU with the State Museum regarding administration of the artwork donation program and that the proposed changes clarify responsibilities and make minor administrative changes to the policy regarding the administration of the program.  Senator Schiffer moved to adopt the changes to the Management Council policy.  The motion carried.  Senator Schiffer asked for clarification about who is responsible for the maintenance of the artwork.  Ms. Madsen explained that there is currently $7,500 appropriated for the administration of the program.  Ms. Francuz noted that future conservation of the artwork would be the responsibility of both the Museum and the LSO.  The Co-Chairs of the Select Committee on Legislative Facilities also provided a letter to the Senate President and House Speaker requesting that they make legislative appointments to the Artwork Donation Committee (see Appendix 15).   

 

Legislator Compensation Changes

Mr. Pauli explained the compensation changes that will take effect in 2009, as a result of legislation that passed in 2005 (Wyoming Session Laws, Chapter 217).  He noted that a number of policy questions have arisen that have budget implications and that the legislation needs to be clarified in policy.  Mr. Pauli explained the draft policy that staff developed for Council’s consideration to address these issues (see Appendix 16).  Representative Simpson moved to adopt the draft policy.  The motion carried.  Senator Ross moved to strike the Select Natural Resource Funding Committee in Section (b)(ii).  Representative Thompson explained the role of the Committee and Senator Ross withdrew the amendment. 

 

Floor Recognition Ceremonies

Ms. Madsen provided the Council with background information on special events that are held on the floor of the House and Senate during legislative sessions.  She explained that more and more of these events are being requested and that these events have been increasing in duration each year.  She also explained that although legislative rules prohibit lobbying on the Chamber floors, some special floor recognition ceremonies could be construed as attempting to influence public policy.  She explained that the LSO staff have prepared a draft policy for Council’s review (see Appendix 17) to address protocols related to the floor ceremonies.  Ms. Madsen noted that the presiding officers have the ultimate decision-making authority regarding approval of ceremonies, but that guidance would help the LSO in appropriately handling requests for ceremonies.  Representative Simpson moved to adopt the policy.  The motion carried.  Council requested that the policy be circulated to members and to provide the policy and protocols to individuals and organizations approved to participate in floor ceremonies. 

 

POW/MIA Flag Display in Chambers

Representative Cohee explained that Council received a letter from the Veteran’s Commission with an offer from a veteran to place a POW/MIA flag in the House and Senate Chambers (see Appendix 18).  The Council discussed what types of displays are appropriate in legislative chambers and requested that staff contact the Veteran’s Commission and let them know that the Council would welcome presentation of the flag at the February 12, 2008 Military Day in the Legislature recognition ceremony and  Council will work with the Veteran’s Commission on the appropriate place to display the flag in the Capitol. 

 

Capitol-Herschler Building Walkway Project

Mr. Rich Cathcart, of the Department of Administration and Information Construction Management Division, addressed the Council regarding the renovation of the Herschler plaza, which includes a proposed connecting walkway between the Capitol and the Herschler Building.  He explained that during last summer’s videoconference between Management Council and the State Building Commission (SBC) there was discussion about the potential for including the first floor of the Herschler Building as an extension of the Capitol and of providing a walkway between the two buildings. 

 

Mr. Cathcart explained that design work to construct a covered walkway has been included in the project to renovate the plaza (see Appendix 19.)  He noted that the State Historic Preservation Office (SHPO) has raised concerns about this project (see Appendix 20) and that the Select Committee on Legislative Facilities also raised questions about this proposal at its November meeting.  He noted that the SBC approved the project, but that there has been enough discussion and concern that SBC wanted to get Management Council’s opinion whether there was legislative support for this proposal.  He explained that A&I needs to put the project out to bid as soon as possible and would appreciate legislative direction on the matter.  He noted that A&I has drafted a “base bid” that does not include the walkway, as well as an alternative bid that would include the walkway. 

 

Members of Council discussed the proposal and raised concerns about how the walkway would affect the historic look of the Capitol, the fact that the walkway would not provide useable space without rooms or heat, and the fact that the tunnel already provides a covered access between the two buildings. Representative Simpson moved that Council support the base bid only to repair the plaza itself and not include a covered walkway in the bid.  The motion carried with a roll call vote of 10 ayes (Cohee, Schiffer, Anderson, Decaria, Mockler, Ross, Lockhart, Martin, Simpson, Thompson), one no (Hines) and two absent (Massie, Lubnau.)  (See roll call vote form at Appendix 21.)

 

As a legislative liaison to the SBC, Senator Anderson addressed the importance of improving communications between the legislative branch, specifically the Management Council, and the SBC. 

 

Legislative Budget for FY09-10

 

Select Committee on Legislative Facilities Budget

Representative Illoway, Co-Chair of the Select Committee on Legislative Facilities, presented the Select Committee’s budget request for Management Council’s consideration for possible inclusion in the legislative appropriations bill during the 2008 Budget Session (see Appendix 22).  The request included funding for leadership office furnishings, committee secretary desks, additional funds for the Governor’s Portrait project, additional funds for remodeling in Room 302, architectural and interior design consulting fees, and miscellaneous project funds.  Senator Schiffer moved to include the Committee’s requests in the legislative appropriation bill.  The motion carried.  The Council also accepted the Committee’s proposal for the fixed hearing table design and sounds system in Room 302 (see Appendix 23).   

 

Legislative Budget

Mr. Pauli presented the legislative budget request for FY09-10 (08LSO-0292.W1) and explained areas that staff would like Council direction on.  Senator Ross, moved to delete Footnote 1 on p. 2, lines 22 through 30 to provide per diem for a mid-session recess during the 2009 General Session.  The motion to delete carried.  Representative Lockhart moved to approve the increased pay bands for session staff presented in the budget bill. The motion carried. The Council discussed whether paying dues to the Energy Council was a wise investment, but took no action.  

 

Representative Lockhart moved to sponsor the legislative appropriations bill for FY09-10 as a Senate File.  The motion carried on a roll call vote with eight ayes and five absent (Schiffer, Decaria, Massie, Lubnau, Simpson).  (See Appendix 24 for 08LSO-0292.W1 and Appendix 25 for roll call vote form.)

 

Discussion Items

 

Judicial Salaries

Mr. Pauli explained that at the request of the Council at its October meeting, the LSO prepared information about judicial salaries and how they compare to other states.  He explained that the LSO contacted the Wyoming Supreme Court Coordinator, who recommended the National Center for State Courts as a resource for comparative information.  He noted that the information is provided for informational purposes based on the Council’s discussion at the last meeting of statewide official and judicial salaries.  Senator Ross addressed the issues of inadequacies in judicial salaries and noted that this is something the Legislature should consider.  The Council tabled the topic. 

 

Legislative Promotional Activities

Representative Lubnau addressed the Council regarding the $10,000 appropriation provided to the LSO in 2007 for institutional promotion of the Legislature.  He explained that, based on discussions with Ms. Madsen, he would like Council to develop a protocol for the LSO to gain legislative approval for promotional activities.  He also presented the Council with two public service announcements (PSAs) that he developed to help the public participate in the legislative process (see Appendix 26). 

 

Ms. Madsen noted that generic promotion of the institution and providing information to the public about how to participate in the legislative process is a non-partisan activity, but that involvement in promotion by specific legislators or about specific legislative achievements could become a politically sensitive issue.  She recommended that a bi-partisan sub-committee of Council be created to advise the LSO on how to effectively promote the institution.  The Council recommended that LSO distribute the PSAs to the media for the upcoming Budget Session and for LSO to work with the Select Committee on Legislative Technology regarding public relations issues. 

 

Role of Select Committee on Legislative Facilities

Senator Mockler explained activities of the Select Committee on Legislative Facilities and noted that the Committee needs direction from Council regarding the role of the Committee in the future, especially regarding space issues.  Due to time constraints, the Council tabled the discussion for a future meeting. 

 

Relationship with Chinese Provincial Legislature

Senator Schiffer provided an update to the Council about his exploration of a relationship between the Wyoming Legislature and Inner Mongolia, as requested at the Council’s October meeting.  After Council discussion, Senator Schiffer stated that he would contact the Wyoming congressional delegation for a State Department contact to determine protocol issues regarding the establishment of such a relationship, including the impact on Wyoming’s current sister-state relationship with Taiwan.  Senator Schiffer noted that the Legislature may also need to consider the issue of travel costs in the legislative budget, if such a relationship is established. 

 

Miscellaneous Items

 

Chinese Language Curriculum

Senator Schiffer explained a proposal to provide Chinese language instruction through Brigham Young University based on general discussions at the Council’s October meeting (see Appendix 27).  Superintendent of Public Instruction, Jim McBride, recommended a $100,000 amendment to the Department of Education’s budget to implement this program.  Senator Anderson recommended that the Joint Education Committee address this issue at their meeting, which will be held next week.

 

Timing of Floor Action on Budget Bill

Mr. Pauli explained that the Select Committee on Legislative Process discussed a number of possible changes to enhance the budget process at its January 9, 2008 meeting.  The Committee recommended that Management Council consider introducing and working the budget bill as early in the session as feasible to emphasize the importance of that legislation (see Appendix 28). The Council weighed the benefits and challenges of when to introduce the budget bill. Senator Nicholas, JAC Co-Chair, addressed the Council regarding the issue and noted that one option may be to present information about the budget bill earlier in the session, but delay actual consideration of the bill.  Mr. Steve Sommers noted that in the past, JAC and the LSO have provided a briefing to legislators before the beginning of the session about the JAC recommendations. Representative Cohee thanked the members for their thoughts and noted that leadership will discuss the timing of the budget bill further. 

 

Senator Hines brought up the issue of how bills will be considered on General File the following day in the Senate, noting that the bills are written on a board in the Chamber.  He noted that the House has a written list, but that can change, as well.  Senate leadership will discuss this item further.

 

State Treasurer’s Advisory Committee

Mr. Pauli explained that the State Treasurer is developing a proposed advisory committee on state investment policy and has requested that LSO designate a staff member to serve on the committee.  Mr. Pauli noted that LSO staff would be willing to attend meetings of the committee, but that it would be unusual for staff to serve on such a committee.  He also noted that the committee would include at least two legislative members, but that Council would need to provide clarification about whether those members would be provided salary or reimbursed for expenses for attending meetings from the legislative budget.  Representative Simpson stated this may be a good avenue to build institutional knowledge about these issues and requested that the Treasurer attend a future Council meeting to provide more information about the proposed committee. 

 

Travel Request to California

Senator Schiffer addressed Council regarding the need to begin a dialogue between California and Wyoming on the carbon issue and how such discussions may benefit Wyoming.  He requested approval to send Wyoming officials on the state plane to meet with the California Public Service Commission.  Representative Lockhart moved to approve funding for the use of the state plane for this purpose.  The motion carried.   

 

Personnel Issues

The Council resolved itself into executive session to consider personnel issues at 6:10 p.m.  The Council resolved itself back into open session at 6:15 p.m.  Following the executive session, the Council approved the recommendations of the LSO relating to compensation adjustments.

 

Meeting Adjournment

There being no further business, Chairman Cohee adjourned the meeting at 6:15 p.m.

 

Respectfully submitted,

           

 

Senator Jayne Mockler, Secretary

 

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Council Sign-In Sheet		Lists meeting attendees		Legislative Service Office
2		Council Meeting Agenda		Topics to address at meeting		Legislative Service Office
3		School Finance Update		Summary of Supreme Court Opinion		Attorney General’s Office
4		Rebated Recapture Bill		08LSO-0073.C1		Legislative Service Office
5		Rebated Recapture Bill		08LSO-0073.C1 – Roll Call Form		Legislative Service Office
6		Legislative Per Diem Bill		08LSO-0155.W2		Legislative Service Office
7		Legislative Per Diem Bill		08LSO-0155.W2 – Roll Call Form		Legislative Service Office
8		Reports Due Bill		Judiciary Committee Amendments		Legislative Service Office
9		Reports Due Bill		08LSO-0139.C1		Legislative Service Office
10		Reports Due Bill		08LSO-0139.C1 – Roll Call Form		Legislative Service Office
11		Revisor’s Bill		08LSO-0039.C1		Legislative Service Office
12		Revisor’s Bill		08LSO-0039.C1 – Roll Call Form		Legislative Service Office
13		Board Compensation Bill		08LSO-0256.W2		Legislative Service Office
14		Board Compensation Bill		08LSO-0256.W2 – Roll Call Form		Legislative Service Office
15		Artwork Donation Program		Letter about Committee appointments		Select Committee on Legislative Facilities
16		Legislator Compensation		Draft policy		Legislative Service Office
17		Floor Recognition Ceremonies		Draft policy		Legislative Service Office
18		POW/MIA Flag		Letter from Veteran’s Commission		Veteran’s Commission
19		Herschler Walkway		Design of Herschler/Capitol Walkway		Department of A&I
20		Herschler Walkway		Letter from SHPO		State Historic Preservation Office – State Parks
21		Herschler Walkway		Roll Call Vote Form		Legislative Service Office

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
22		Legislative Budget		Select Committee on Legislative Facilities Budget Request		Select Committee on Legislative Facilities
23		Legislative Budget		Room 302 furniture layout		Select Committee on Legislative Facilities
24		Legislative Budget		08LSO-0292.W1		Legislative Service Office
25		Legislative Budget		08LSO-0292.W1 – Roll Call Form		Legislative Service Office
26		Legislative Promotion		Disk of PSAs		Representative Tom Lubnau
27		Chinese Language Curriculum		Letter from Wyoming Department of Education		Wyoming Department of Education
28		Budget Bill Timing		Letter from Select Committee on Legislative Process		Select Committee on Legislative Process