Council Meeting Information

February 5, 2009

Room 302 Wyoming State Capitol

Cheyenne, Wyoming

 

Council Members Present

Senator John Hanes, Chairman

Representative Colin Simpson, Vice Chairman

Senator Jim Anderson

Senator John Hastert

Senator Curt Meier

Senator Tony Ross

Senator Kathryn Sessions
Representative Ed Buchanan

Representative Pete Jorgensen

Representative Erin Mercer

Representative Saundra Meyer
Representative Frank Philp

Representative Mary Throne

 

Council Members NOT PRESENT

None

 

Legislative Service Office Staff

Dan J. Pauli, Director

Mark Quiner, Assistant Director

Dave Gruver, Assistant Director

Wendy K. Madsen, Legislative Information Officer
Anthony Sara, Associate 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

 

Call To Order ()

Chairman Hines called the meeting to order at 4:38 p.m.  The following sections summarize the Council proceedings by topic.  Please refer to Appendix 2 to review the Council Meeting Agenda.

 

Organization and Election of Officers

Senator Hines explained that the first order of business is to elect Council leadership and the at-large position.  Representative Simpson moved that Senator Hines be elected the chairman of the Management Council.  The motion carried.  Representative Simpson moved to nominate Representative Throne to serve in the at-large position.  The motion carried.  Senator Anderson moved to nominate Representative Simpson as Vice Chairman.  The motion carried.  Representative Simpson moved to nominate Representative Meyer as secretary.  The motion carried. 

 

 

Designation of Select Committees and Liaisons

Chairman Hines explained the select committees that serve at the pleasure of the Management Council and that traditionally the presiding officers have made the appointments on the noted select committees. The presiding officers made the following appointments:

 

·         Select Committee on Legislative Process:  3 House; 3 Senate.  2:1 party split:  P. Anderson, Millin, Patton; Meyers, Martin, Johnson

·         Select Committee on Legislative Technology:  3 House; 3 Senate.  2:1 party split: Berger, Millin, Wallis;  Case, Decaria, Landen

·         Select Committee on Legislative Facilities:  3 House; 3 Senate.  2:1 party split: Illoway, Connolly, Edmonds; Ross, Von Flatern;

·         Archaic Laws:  Mercer, Connolly, Peasley; Schiffer, Sessions, Ross

·         Select Committee on Tribal Relations:  3 House; 3 Senate.  2:1 party split:  McOmie, Goggles, Steward;

·         Air Transportation Liaison Committee:  5 legislative members (At least 1 from Joint Transportation Committee) Gingery, Carson, Illoway: Von Flatern, Coe,

·         State Building Commission Liaison:  2 by President; 2 by Speaker (At least 1 from Joint Appropriations Committee):  Philp, Dan Zwonitzer, Anderson, Hines

·         State Retirement Board Liaison:  4 members: 2 by President; 2 by Speaker:  Pedersen, Madden; Meyer, Decaria

The Council also delegated the following statutory appointments to the President and Speaker:

·         State Employee Compensation Commission:  1 Senator; 1 Representative; 1 person from the private sector [W.S. 9-2-1019(e)] :  Madden; Peterson

·         Enhanced and Improved Oil Recovery Commission:  1 Ex-officio member [W.S. 30-8-101(a)]:  Townsend

 

Additional Discussion Items

 

Administrative Rules

Mr. Gruver provided a summary of the rule review process for newer members of Management Council.  He explained that generally LSO recdeives notice of all state agency rules.  Do not act on them until finally adopted.  We put a summary of all proposed rules on the Web site.  LSO does a recommendation for Management Council within 15 days of receiving the new rules and recommend that they be put on the consent list, but if we have any substantive or procedural concerns, we will put it on the non-consent list.  On the non-consent list, you have a few options.  Rules may be put on the non-consent list.  That may not mean we don’t have a problem with the rule, we may call the agency or the AG, and they will pull them.  Is it in the intent and scope of legislation?  Did they meet all of the procedural problems?  Your options are to make recommendations to the Governor, you can recommend that he not sign the rule, use his line item veto, or just note your objections.  We do a year-end summary of the rule review process and the non-consent rules.   Governor Freudenthal has gone along with almost all of your recommendations.  Motions when you get the non-consent, you can pull a rule off the consent list, you can move to approve the rules as submitted, move not to sign rules, repromulgate the rules, use your line-item veto authority.

 

The Governor can’t act until he gets your recommendation or 40 days have lapsted.  The problem is they are operating under ermergney rules and if those lapse, they will go back to permanent rules that they don’t want to operate under.  Emergency rules will lapse February 21^st.  You changed the law so that all of the rules that come in during session, you don’t review.  The law now provides that you don’t do a recommendation until 10 days after the session ends.  This is a strange situation because of the timing.  Is there any further review?  Dave:  no, that’s it.  Senator Anderson made a motion for the adoption of the permanent rules of the School Facilities Commission.  Simpson:  some legislation in the House that covers some areas that is in these rules.  HB 299.  Maybe it would be appropriate to table this for a week while we figure out what is going on in the House.  Jorgensen:  just in Appropriations, without knowledge of these rules.  Tabling for a week would allow us to understand that.  Throne:  have they reached the limit of both sets of emergency rules.  Dave:  these are the third set of emergency rules.  Anderson:  bill is not going to be law yet, regardless of the outcome.  Simpson:  understand how the bill relates to the emergency rules.  Don’t know enough about it right now.  Hines:  if we delay this a week, will that cause problems?  SOMEONE SPEAKING FROM COMMISSION:  two HB, 244 and 299.  No conflict with 299, 248 has one characteristic that is different from these rules.  Weighting.  Condition, suitability, capacity differences in weighting.  If the bill becomes law, we are prepared to draft emergency rules and then follow the regular rule promulgation process.  Hines:  if rules expire on February 21^st and Council wanted to delay this vote, is there a timeframe that we would have to meet and give you a definite answer.  Donna MURRAY:  I don’t believe there is a problem, on the 21^st the emergency rules will expire that we have been operating under.  We would go back to the old rules, which are significantly different than the rules we have in place now . Commission is meeting on 17^th and 18^th of this month.  We could do that then, if we needed to adopt any legislative changes.  HB 299 codifies the process we have in rule.  248 changes the weighting and dwould modify one chapter of our rules.  Anderson:  two moving vehicles.  Rules are in state of flux and bill in state of flux.  Anderson, renew motion to establish these rules at a fixed point.  Simpson:  okay with that after the explanation.  Motion carries.        

 

Room 302 Video Conferencing

 

Other Business

Representative Jorgensen asked whether Martin Luther King day should be a legisiatlive session break. 

 

Meeting Adjournment

The next meeting will be to consider interim committee topics.  Two day meeting.  There being no further business, Chairman Hines adjourned the meeting at 5:30pm.

 

 

Respectfully submitted,

 

 

 

Representative Meyer, Secretary

 

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Council Sign-In Sheet		Lists meeting attendees		Legislative Service Office
2		Council Meeting Agenda		Provides an outline of the topics the Council planned to address at meeting		Legislative Service Office
3