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SUMMARY OF PROCEEDINGS
and the combined
Joint Appropriations Committee
Joint Education Interim Committee
Joint Revenue Interim Committee
Proceedings Pertaining to the MAP School Finance Study
House Chambers October 25, 2001
Capitol Building Cheyenne, Wyoming
PRESENT: Management Council
Senator Henry "Hank" Coe, Chairman;
Representative Rick Tempest, Vice-Chairman;
Senator April Brimmer Kunz, Secretary;
Senators Rich Cathcart, Ken Decaria, Grant Larson and John Schiffer;
Representatives Chris Boswell, Randall Luthi, Mac McGraw, Pat Nagel, Fred Parady and Dick Sadler.
Joint Appropriations Committee
Senator Grant Larson, CoChair;
Representative Mike Baker, CoChair;
Senators Jim Anderson, Rich Cathcart, Mark Harris and Bruce Hinchey;
Representatives Bruce Burns, Alan Jones, Frank Philp, Wayne Reese, Dick Sadler and Harry Tipton.
Joint Education Interim Committee
Senator Irene Devin, CoChair;
Senators Keith Goodenough, Robert Peck, Charles Scott and Kathryn Sessions;
Representatives Tom Lockhart, Mac McGraw, Del McOmie, David Miller, Ann Robinson, Doug Samuelson and Bubba Shivler.
Joint Revenue Interim Committee
Senator Robert Peck, CoChair;
Representative Pat Nagel, CoChair;
Senators Dick Erb, Irene Devin, Rae Lynn Job and Jayne Mockler;
Representatives Pete Anderson, Chris Boswell, Roy Cohee, Nick Deegan, Roger Huckfeldt, Doug Osborn and Jane Wostenberg.
Other Legislators in Attendance: Representatives Jim Hageman and Tony Ross.
Legislative Service Office: Mary Byrnes and Dave Nelson.
Others: Please see Appendix A.
ABSENT: Representatives Phil Nicholas, Marlene Simons and Bill Stafford.
AGENDA: Please see Appendix B.
* * * * *
Call to Order
Senator Coe, Management Council Chairman, and Representative Rick Tempest, Management Council Vice-Chairman, called the meeting to order at 8:40 a.m.
NOTE: Please reference the transcripts for all motions and verbatim discussion of school finance and other issues referenced herein. The transcripts are on file with the Legislative Service Office under Appendix C attached to this report.
MAP School Finance Study
Dr. James R. Smith, MAP, provided a progress report on the MAP school finance study, as well as tentative study findings on certain study components. The study is undertaken pursuant to the February 23, 2001, Supreme Court decision, and has proceeded to date under the guidance of the Legislative Oversight Group. Preliminary findings were presented for vocational education, at-risk students, certified and classified compensation, regional cost adjustment and small schools/small district adjustments. A summary of the report and findings is attached under Appendix D.
Education Committee Report to Management Council
Senator Irene Devin, Education CoChair, provided a summary of action taken by the Joint Education Interim Committee in response to assigned recommendations within the July 2, 2001, MAP Report on Implementation Issues. A copy of the report, together with implementing legislation when appropriate, is attached under Appendix E.
School Capital Construction
Supreme Court Decision on Rehearing
Mr. Raymond B. Hunkins, State's Counsel for school finance litigation, summarized major findings contained within the October 2, 2001, Supreme Court decision on rehearing pertaining to school capital construction issues within State v Campbell County School District #1. Mr. Hunkins spoke on the degree of latitude provided by the Court to the legislature for addressing school building inadequacies, the time frame within which identified inadequacies must be addressed, the dollar amounts required to remediate inadequacies and criteria for determining inadequacies. It was noted the state is granted control of determining and addressing inadequacies, and is not responsible for district enhancements to buildings beyond state-established adequacy levels. Further, the state is not required to incorporate local enhancements into state adequacy levels.
Mr. Hunkins indicated questions pertaining to the status of district bond issues for projects currently before the legislature will be addressed in a forthcoming opinion from the Attorney General's Office.
Select School CapCon Committee Report
Senator Irene Devin and Representative Bubba Shivler, Select Committee CoChairs, summarized draft legislation under review by the Select Committee which establishes a structure and process for school capital construction in light of Supreme Court rulings. The Select Committee is also working on legislation addressing local bonding issues. Copies of draft proposals are on file with the Legislative Service Office, referenced as 02LSO-0159 and 02LSO-0207. The Select Committee anticipates finalization of draft legislation at a meeting tentatively scheduled for late November.
Select Capital Finance & Investments Committee Report
Representative Fred Parady, Select Committee Chair, reported the Select Capital Finance Committee is charged with investigating financing options to comply with Court ordered school capcon funding. To date, the Select Committee has developed several legislative alternatives for financing future school capcon, including:
· 02LSO-0200: A proposal imposing a five cent fuel tax increase with highway federal mineral royalties diverted to the school capcon account to fund school capital construction bonding;
· 02LSO-0199: A proposal establishing a state capital construction authority, consolidating state capcon programs including school capcon, and providing financing similar to 02LSO-0200 whereby an additional five cent fuel tax is imposed with federal mineral royalties diverted for purposes of funding capcon financing;
· 02LSO-0190: A proposal imposing a four mill property tax, with revenue collections diverted to the foundation program account, with foundation federal mineral royalties diverted to the school capcon account to finance capital construction.
Copies of draft legislation are on file with the Legislative Service Office. Draft proposals are scheduled to be finalized at a meeting tentatively scheduled for mid-December.
MAP Study Education Advisory Group
Mr. Mark Higdon, Chairman of the Advisory Group, provided an update on group activities.
Adjournment
Chairman Coe indicated future MAP school finance study schedules would be announced at a later date. The meeting was adjourned at 3:15 p.m.
M I N U T E S
Management Council
October 25, 2001
Room 302
State Capitol
Cheyenne, Wyoming
PRESENT: Senator Henry "Hank" Coe, Chairman;
Representative Rick Tempest, Vice-Chairman;
Senator April Brimmer Kunz, Secretary;
Senators Rich Cathcart, Ken Decaria, Grant Larson and John Schiffer;
Representatives Chris Boswell, Randall Luthi, Pat Nagel, Fred Parady and Dick Sadler.
Legislative Service Office: Dan J. Pauli, Director; Mark Quiner, Assistant Director; John Rivera, Senior Staff Attorney; Glenn Lang, Staff Attorney; Karen Byrne, Staff Attorney.
OTHERS: See Attachment "A".
ABSENT: Representative Mac McGraw
* * * * *
Senator Coe called the meeting to order at 3:30 p.m.
Approval of Minutes
Minutes of the July 10 and 11, 2001, Management Council meeting were approved with no corrections.
Interim Committee Requests
The Council received a memo from Representative Pete Anderson, Chairman of the Select Water Committee, requesting $5,300 for an additional 1-day meeting. Senator Schiffer moved that the request be approved. The motion passed.
The Council also received a memo from Senator Bill Hawks and Representative Clarene Law, Co-chairmen of the Joint Minerals, Business and Economic Development Interim Committee requesting approval to study the additional topic of the sunsetting of the Wyoming Business Council. Vice Chairman Tempest moved that the Council approve the request. The motion passed.
Representative Parady requested that the Council authorize an additional $3,000 for the Select Committee on Capital Financing and Investments to complete its work. Senator Larson moved that the request be approved. The motion passed.
Administrative Rule Reviews
AR01-035:
Senator Cathcart removed Administrative Rule Review Report #AR01-035 regarding the Department of Family Service's rules governing the regulation of day care providers from the Consent List for discussion. A major concern involved the amended ratios of children to staff particularly in regard to school age children. Several letters from child care providers as well as the Child Care Certification Board were provided to the Council. (See Attachments B, C, D and E.)
Susan Lehman, Director of the Department of Family Services, addressed the concerns of Senator Cathcart. She indicated that the rules had been promulgated with input from day care providers and parents through a year long process. The department held several town meetings regarding the rules. She also stated that the department was granting variances on complying with the rules in order that children's day care would not be interrupted. She stated that the department was conducting an economic study to determine the effect of the rules and was also offering technical assistance for day care providers.
Following discussion, Senator Kunz requested that the director not enforce the ratio rule until July, 2002 in order for the department to determine if the ratios would create an unnecessary hardship on day care providers. Ms. Lehman agreed to take that action. Ms. Lehman stated that a letter to the governor was not necessary. Thus, the council decided that no further action would be taken.
AR01-042:
Representative Parady removed from the Consent List Administrative Rule Review Report #AR01-042 regarding the Department of Environmental Quality rules governing Class V Injection Wells. He had four questions: 1) Do the rules sustain Wyoming's primacy?; 2) Were the rule changes mandated by the federal government?; 3) Do the rules alter DEQ and EPA jurisdiction?; and 4) Why were coal bed methane injection wells moved from the beneficial use category to the commercial and industrial facilities category?
Dennis Hemmer, DEQ Director, responded to Representative Parady's questions. With respect to the first three questions, Mr. Hemmer indicated that the rules do not alter Wyoming's primacy, were not mandated by the federal government to maintain the state's primacy and do not alter state and federal jurisdiction. Mr. Hemmer stated one major reason for the rule changes was to allow injection of coal bed methane produced water into porous sandstone. However, he noted there are few such sandstone formations in Wyoming. The general permit provisions and the change in category from beneficial use to commercial and industrial are intended to encourage re-injection of produced water from coal bed methane wells.
Following discussion, a motion was made that the Council recommend approval of the rules. The motion passed.
AR01-037:
Representative Nagel removed Administrative Rule Review Report #AR01-037 from the Consent List for discussion. The rule review covers rule amendments promulgated by the Department of Health on program administration of assisted living facilities.
Dr. Garry McKee and Mr. Jerry Bronnenberg of the Department of Health addressed Representative Nagel's concerns regarding the types of incidents that should be reported, who may complete the Department’s ALF 102 form and the purpose of the requirement for contracts with outside service providers. The constituent who had raised these concerns had been advised of the Department’s interpretation of these requirements. Representative Nagel also reiterated a need to allow the use of medication aides. Mr. Bronnenberg stated that the Department had supported legislation during the last session to allow the use of medication aides, but that legislation was not enacted into law.
Following discussion, no action was taken by the Council.
AR01-054:
Representative Sadler removed Administrative Rule Review Report #AR01-054 from the Consent List. The rule review covers rule amendments promulgated by the department of game and fish on lifetime licenses.
Larry Gabriele of the Department of Game and Fish addressed Representative Sadler's concerns regarding lifetime fishing or lifetime combination game bird/small game/fishing licenses. The rule was promulgated in response to a Montana agency's interpretation that a Wyoming lifetime license conferred residency and, thus, one could not then be a resident of Montana. Mr. Gabriele stated that a lifetime license was still valid even if the person moved out of state. The rule was necessary to indicate that the license did not confer resident status. It was decided that the language of the amendment did not clearly convey the agency's intent.
Following discussion, Representative Sadler moved that the council request the governor to direct the agency to amend the rules to clarify the language. The motion passed.
Miscellaneous
The Council received a copy of a letter from Senator Hawks to Steve Reynolds of the Wyoming Business Council regarding Wyoming's energy policy. No action was taken on the letter.
Completion of 2001 Interim Committee Work: Mr. Pauli provided the Council with an update of the expected completion of interim committee work. It was noted that for the most part, committees began their interim work earlier and are trying to complete their interim work in a timely fashion.
Out of state travel: Mr. Pauli indicated that if out of state travel continues at the current rate, the Legislature will have depleted the money budgeted for this purpose. Following discussion, Chairman Coe directed that money be transferred from other categories to cover any further out-of-state travel during this biennium.
The Council discussed the need for prior approval of out of state travel. Mr. Pauli related that the current policy is to allow up to 2 out of state trips if a legislator is appointed as a representative to certain organizations (NCSL, CSG, Energy Council, Education Commission of the States). Following discussion, Representative Parady moved that the policy be changed effective immediately that no legislator will be authorized reimbursement for out of state travel unless the requested trip is specifically approved in advance by the presiding officer of the house of which the legislator is a member. The motion passed.
Constituent services: Mr. Pauli explained that constituent service reimbursements for legislators has been averaging around $24,000 per quarter. There is currently approximately $15,000 left from the money appropriated for this purpose. This amount will have to be prorated among the legislators submitting claims for the next quarter as required by the appropriation. Mr. Pauli indicated this has been communicated to all legislators.
Streamlined sales tax project: Representative Nagel indicated Johnnie Burton, Director of the Department of Revenue, has invited Senator Peck, Representative Nagel and Representative Hines to attend the next meeting of the streamlined sales tax project in Salt Lake City on November 28 and 29, 2001. She would like Council approval for these legislator to attend. Representative Parady moved that the Council approve the travel. The motion passed.
Upcoming legislative session: Vice Chairman Tempest and Mr. Pauli provided information on the 1992 special session held to address redistricting. The Council discussed the potential need for additional days in the upcoming budget session to address redistricting as well as school finance and school capital construction issues. Concern was expressed over starting the session early since this may complicate the installation of the new legislator desks. Following discussion, Representative Parady moved that the 2001 budget and special session begin concurrently on February 11, 2002, and that the Council send a letter to all legislators informing them of the possibility that the session may be extended. The motion passed.
Security: Chairman Coe indicated he and Vice Chairman Tempest had met with the Governor regarding the concerns over security in the Capitol building. He related he is not sure what all this may entail, but there may be additional security measures in effect for the upcoming session.
Chairman Coe announced the next meeting of the Council will be in Casper on November 15, 2001.
Adjournment
The Council adjourned at approximately 5:45 p.m.
Respectfully submitted,
Sen. April Brimmer Kunz,
Secretary