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DRAFT ONLY - APPROVAL PENDING
Joint Corporations, Elections and Political Subdivisions Interim Committee
Wyoming State Fairgrounds Park November 6, 2001
Douglas, Wyoming
PRESENT: Senator Kinnison, Cochairman;
Representative Hines, Cochairman
Senators Case, Goodenough, Hanes and Harris.
Representatives Diercks, Edwards, Huckfeldt, Illoway, McGraw, McOmie, Petersen and Ross.
Legislative Service Office: Dan Pauli, Carol Norris, Emily Gardyasz and
Glenn Lang.
ABSENT: None
Appearance Record: See Appendix (A) 1.
AGENDA: See A 2.
* * * * * * * * * *
The meeting was called to order at 10:00 a.m. by Sen. Kinnison.
Rep. Hines moved approval of the minutes of the September 24 meeting without amendment. Sen. Harris 2d . Motion passed.
Senator Anderson and Rep. Hageman were in attendance.
All of the votes noted below relating to redistricting were by roll call. See A 3.
Regional Plans
1. Six Eastern Border Counties Regional Plan
Rep. Edwards presented the eastern border counties regional plan. He made the following comments:
· The plan is entirely within six counties, Platte, Goshen, Converse, Niobrara, Crook and Weston.
· Major towns had to be split in order to attain the population necessary for the districts in this region.
· The Converse County clerk was in attendance during the development of the regional plan.
· Sen. Barton’s current district was modified; less of the district is in Converse Co. under the regional plan.
· The regional plan affected all six of the county clerks in this region, thus no county clerk is unique in this regard.
· In response to inquiry to from Jim Willox of Douglas, Wyo. Republican Party, it was noted that if the regional plan were to go into Campbell Co., it would have to go all the way into the city of Gillette to obtain any of the population numbers necessary.
Other comments on this regional plan were as follows:
· Sen. Anderson noted that with the exception of Rep. Stafford, all members of the current districts in the region were in attendance during the development of the regional plan. From his perspective, all of those in attendance appeared satisfied with the regional plan. However, he was in favor of further review on the possibility of gaining population for the region by going into Campbell Co.
· Deborah Alden on behalf of the Platte Co. Republican Party and with permission of the Platte Co. Democratic Party expressed concern that Platte Co. would not have a representative who was a resident of the county.
· Cindy Hopfauf of the county clerk's office for Platte Co. on behalf of that office and the county commissioners stated that under the proposed regional plan many of the precincts would have to be changed, especially in the rural areas, and a number of VTDs would be split. Rep. Ross inquired about the cost of the changes. Ms. Hopfauf noted different ballot types would be required. She prefers the current north/south split of the county to the east/west in the regional plan. Rep. Ross noted he did not see that many VTDs/precincts that were different. Sen. Kinnison noted that precincts are county generated and that voter information dissemination is to a great extent a matter of county discretion.
· Rep. Huckfeldt noted that the majority of the population in house district 3 is in Platte Co. both as it is currently and in the regional plan.
· Rep. Diercks expressed that Platte Co. was the county most affected by the regional plan and the county preferred a north/south split to an east/west split.
· In response to inquiry from Sen. Harris, Lynn Fox, Unita county clerk noted that the cost of each ballot style was about $1,300, but the cost was dependent upon voting method a county used. She expressed the view that the major cost is in terms of voter confusion.
Rep. Hines moved to accept temporarily the regional plan. Sen. Harris 2d. Rep. McGraw stated he was voting against the motion, because he had not seen the other plans for this region, and he thought the regional plan protects incumbents. Motion passed.
Natrona Co.
Sen. Goodenough presented the Natrona Co. regional plan:
· It is a consensus plan based upon an 8 to 1 vote of Natrona Co. legislators.
· No major changes were needed in the current districts as the population in the districts had not changed greatly. However, some census blocks were shifted between districts.
· Under the regional plan, Lysite would no longer be part of a legislative district in Natrona Co. It was put back into a Fremont Co. district, thus Natrona Co. became whole.
· The Natrona Co. clerk provided input into the process and was in agreement with the product.
Rep. McOmie moved to accept temporarily the regional plan. Rep. Illoway 2d. Motion passed.
Laramie Co.
Sen. Hanes briefly summarized this regional plan which had been presented in Rock Springs. He noted there were some small changes to plan presented at that time. Motion Hanes/2d Ill. Case is the pie plan and not donut.
Sen. Hanes moved to accept temporarily the regional plan. Rep. Illoway 2d. Motion passed.
Albany Co.
This regional plan then was discussed. It was noted that under this plan, the Rock River community was placed in the district encompassing Carbon Co. Sen. Harris stated he had talked to Carbon Co. legislators who indicated they would like Rock River included in the legislative district covering Carbon Co. It was noted that whatever district included Rock River, Albany Co. or Carbon Co., would not put that district outside the +5 to –5 deviation range. Ed Risha, Carbon Co. attorney, spoke in favor of the regional plan and noted the co Clerk would like line to follow county line. Sen. Harris moved to accept temporarily the regional plan. Rep. Illoway 2d. Motion passed.
Sen. K. summarized this regional plan. He noted that Rep. Jones had requested some changes to the regional plan presented in Powell to get his district within the +5 to –5 deviation range. Rep. McOmie noted that all the districts in this area are close to the deviation limit so any change to one is quite likely to put another beyond the deviation range. Sen. Harris summarized the comment received from Chris Davidson of Burlington via the website. See A 4. Rep. Hines moved to accept temporarily the regional plan. Rep. Petersen 2d. Motion passed.
Sen. Kinnison summarized this regional plan. No changes were proposed to the existing districts covering these counties, although the county clerk may have some suggestions. Sen. Harris moved to accept temporarily the regional plan. Rep. McOmie 2d. Motion passed.
Rep. Hines summarized this regional plan. Both senate districts are within the deviation range. Some suggestions by the county clerk on the senate and house district boundaries have been incorporated. Rep. Hines moved to accept temporarily the regional plan. Sen. Case 2d. Motion passed.
Sen. Kinnison noted that since the discussion of the plan for this region at the last committee meeting in Rock Springs, Sen. Larson has proposed a new plan for the region,. Sen. Kinnison indicated he will be meeting with the senators in this region on Nov. 19 to reach a consensus on a plan for the region. After that meeting, Rep. Hines and Rep. McOmie will meet with the house members from the region to do the same for the house districts. Sen. Kinnison expressed his intention that assuming consensus is reached at that time on senate and house plans for this region, they then would be incorporated into the statewide plan as the other regional plans have been today. Rep. McOmie agreed with the process proposed by Sen. Kinnison. Sen. Harris noted that today's meeting is the fifth hearing on regional plans at which the senator from Jackson has had an opportunity to comment on the southwest regional plan. Nevertheless, if it is necessary, he is willing to discuss this region yet again.
Sen. Case moved the adoption of the southwest / west regional plan discussed in Rock Springs. Sen. Hanes 2d. Rep. Hines spoke against the motion, because all the interested parties have not been in the same location to discuss the plan for this region. Sen. Hanes spoke in favor of the motion; noting that its adoption would add urgency to the interested parties getting together. Sen. Harris spoke against the motion, noting that the process is one of consensus and the more the better and one more meeting would further that. Rep. McOmie spoke against the motion noting his agreement with Sen. Harris' statement. Rep. Ross spoke against the motion. Motion failed.
Rep. Hines clarified that all the regional plan adopted temporarily today include house district plans as well.
Sen. Kinnison called the public hearing to order at 11:30 a.m.
Jim Willox of Douglas, Wyo. Republican Party, spoke in favor of incorporating population from Campbell Co. into the legislative districts covering the six eastern border counties.
Cindy Hopfauf of the county clerk's office for Platte Co. reiterated her earlier comments urging the committee to consider a different configuration for the regional plan for the six eastern border counties.
Rep. Hageman: 1. Noted that the regional plan for the six eastern border counties would shift over one half of the voters in his district; 2. Inquired as to the structure of the bill and the opportunity to offer amendments. Sen. Kinnison offered his assurance that their would be ample opportunity for amendments.
Mike Gierau, Wyoming Democratic Party, complemented the committee on its approach. With respect to the regional plans involving Teton Co., he favored further discussion.
Sen. Goodenough briefly summarized his own regional plan for Natrona Co. The plan employed the "donut" theory and match city wards and senate districts. The plan would put the two senators in residing in the county in the same district.
Hearing no further comment, Sen. Kinnison closed the public hearing at 11:50 a.m.
Other redistricting issues
Immediately upon closing the public hearing, Sen. Kinnison reconvened the committee meeting. The committee addressed the following issues:
Numbering of senate districts
· Sen. Kinnison offered numbering senate districts using license plate numbers. If a district covered more than one county, the district would bear the license plate number of the county within the district with the largest population. Sen. Harris moved adoption of this numbering system. Rep. McOmie 2d. Sen. Case spoke against the motion because of small counties. Motion failed.
· Rep. Hines moved that senate district numbers remain as they are. The current senate numbering starts in the northeast corner of the state and moves clockwise around the border of the state with the remaining six numbers through the middle of the state. Nested house districts would use the senate district number followed by "A" or "B." Rep. Edwards 2d. Motion failed.
· Rep. McOmie moved that senate district numbers remain as they are. The nested house districts would be numbered by having those within senate district #1 numbered as house #1 and house #2, those within senate district #2 numbered as house #3 and house #4 and so on. Rep. McGraw 2d. Motion passed.
Senate terms of office
Sen. Goodenough favored holdover senators completing their term noting the state constitution provides senate terms are four years.
Sen. Hanes favored having holdover senators having to run only when their senate district was altered. Rep. Ross inquired regarding what criteria would be used to determine what senators had to run, thus he favored requiring all senators stand for election.
Sen. Harris favored having all senators stand for election. Rep. McGraw expressed his agreement with Sen. Harris that all senators stand for election. Which senators run for a two year term would be determined by drawing lots.
Sen. Harris moved for inclusion in the bill that all senators must stand for election. Rep. McGraw 2d. Motion failed.
Election bills from the elections subcommittee
Senator Case addressed each of the ten (10) bills presented to the full Committee. LSO staff addressed the legal issues. Public comment was received. The Committee took action on eight (8) of the bills and laid back two (2) of the bills. Additionally, the Committee voted to have LSO staff draft changes to three (3) areas of the certified public accountants' act. See Appendix A for a record of roll-call votes. A summary of the action taken in regard to each draft follows:
69.W2 (Appendix B) New political party petition signatures. Senator Harris moved the bill. Motion passed twelve (12) to two (2). This will be a senate bill.
75.W1 (Appendix C) Constitutional initiative. The Committee discussed the two-thirds (2/3) requirement for an amendment by initiative. Linda Stoval, chair, democratic party spoke in favor of the draft. Senator Case made the motion. Passed ten (10) to four (4). This will be a house bill.
74.W1 (Appendix D) Initiative and referendum signatures requirements. LSO staff discussed the one-man, one-vote argument as related to the two-thirds (2/3) signature requirement. Linda Stoval, chair, democratic party spoke in favor of the bill. Senator Case made the motion. Passed eight (8) to six (6). This will be a house bill.
73.W1 (Appendix E) County sheriffs--appointment option. The Committee discussed the bill draft. Motion made by Senators Case and Goodenough. Failed three (3) to eleven (11).
70.W3 (Appendix F) Contesting presidential elections. LSO staff addressed the Legislature's authority to hear contested presidential elections. Senator Case moved the bill. Passed eleven (11) to three (3). This will be a senate bill.
72.W4 (Appendix G) Campaign finance reporting. Deputy Secretary of State, Pat Arp responded to the Committee's questions about the bill. Tom Throop, Equality State Policy Center, told the Committee that Wyoming is the only state that does not have pre-filing requirements. Phoebe Bolin, democratic party, had questions about fax and electronic filings. Senator Case moved the bill. Passed eight (8) to six (6). This will be a senate bill.
71.W4 (Appendix H) Election code revisions-2. Rep. McOmie moved the bill. Passed eight (8) to six (6). This will be a house bill.
76.W8 (Appendix J) Election revisions. Deputy Secretary of State, Pat Arp explained the various changes to the Committee, including the amendments contained in a letter dated November 1st. (Appendix K) The amendments discussed included registration requirements. Lynne Fox, Uinta County Clerk, stated that the clerks supported the draft bill and amendments. Questions were raised by the Committee regarding the amendments. Senator Case moved the bill. Co-chairs Kinnison and Hines suggested that the bill be laid back along with the proposed amendments. Senator Case agreed. LSO staff is directed to draft the amendments as a list of proposed amendments to indicate that they have not been approved by the Elections Subcommittee. The proposed amendments will be considered at the next meeting of the Committee in December.
97.W6 (Appendix L) Elections registration equipment. Deputy Secretary of State, Pat Arp and Uinta County Clerk, Lynne Fox, presented the provisions of this draft bill, specifically addressing the need for uniformity in elections; adequate registration equipment; and, the need for another elections person. The Committee had various questions about the bill. Rep. Illoway moved that the Committee lay the bill back. Passed on a hand vote, eleven (11) to three (3).
133.W3 (Appendix M) Vacancies in office. Rep. Edwards moved the bill and also moved an amendment which would allow members of the political party elected by precinct people to participate in the selection process to fill vacancies. The amendment passed. The Committee discussed the bill draft. LSO staff addressed the two (2) legal issues involved: unlawful delegation of legislative authority to the political parties, which was discussed at the last subcommittee meeting, and the equal protection issue of one-man, one-vote. (See Appendix N) Tom Throop, Equality State Policy Center, urged the Committee to vote against the bill. Becky Costantino and Jim Willox, republican party, each spoke in favor of the bill as a good "grass roots" measure. Linda Stoval, democratic party, spoke against the bill in light of the legal issues involved. Julie Freese, as a citizen, spoke against the bill. The motion on the bill failed six (6) to eight (8).
Certified public accountants' act. Rep. McOmie addressed the Committee about revising the CPA act. Dan Sullivan, representing the certified public accountants, spoke in favor of revising the act. Tom Jones, representing public accountants, informed the Committee that certain language needs to be included in the bill to exclude PAs from the act. Senator Harris moved to revise three (3) areas of the CPA act. Passed eight (8) to six (6). LSO staff is directed to draft language for three areas: 1) Reciprocity; 2) Ownership; and 3) Experience requirements. Any draft prepared must contain language to the effect that the act applies to CPAs and CPA firms and those who hold themselves out to be CPAs and CPA firms. The draft will be presented at the Committee's next meeting.
The next meeting of the committee was set for 9:00 a.m., Wed., Dec. 5 in Casper.
The committee meeting was adjourned at 3:00 p.m..
Respectfully submitted,
Sen. Tom Kinnison
Cochairman
All appendices referenced are on file at the Legislative Service Office.