Draft Only
Approval Pending
of SUMMARY
P ROCEEDINGS J OINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE
COMM ITTEE M EETING I NFORMATION November 17-18, 2015 Wyoming Liquor Commission Cheyenne, Wyoming
COMM ITTEE M EM BERS PRESENT Senator Cale Case, Cochairman Representative Dan Zwonitzer, Cochairman Senator Curt Meier Senator Stephan Pappas Senator Charles Scott Representative Jim Blackburn Representative James Byrd Representative Roy Edwards Representative Gerald Gay Representative Mark Jennings Representative Dan Kirkbride Representative Tyler Lindholm Representative Jerry Paxton
COMM ITTEE M EM BERS NOT PRESENT Senator Larry Hicks
LEGISLATIVE SERVICE OFFICE STAFF Ian Shaw, Legal Division Administrator Kelley Shepp, Research Analyst John Roth, Staff Attorney
ADDI TIO N AL LEGISLATORS PRESENT Representative Scott Clem Representative Mary Throne
OTHERS PRESENT AT M EETING Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected] . The Summary of Proceedings for each legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 13
EXECUTIVE SUMMARY The Joint Corporations, Elections and Political Subdivisions Committee (Committee) met for two days in Cheyenne to hear testimony and consider draft legislation concerning: securities, corporate governance, pharmacy benefit managers, LLC liability, occupational therapists, boards and commissions, digital information privacy, special districts, emergency 911, local government finance, downtown development, elected official compensation and the Election Code.
The Committee voted to sponsor legislation regarding securities (16LSO-154), corporate governance (16LSO-90), pharmacy benefit managers (16LSO-191), LLC veil piercing (16LSO-97), occupational therapists (16LSO-193), boards and commissions (16LSO-155), digital privacy(16LSO-44, 16LSO-78, 16LSO-141), special districts (16LSO-195), next generation 911 task force (15 HB105), local government finance (16LSO-197), and referendum circulator payments (16LSO-198).
CALL TO ORDER (NOVEMBER 17, 2015) Co-chairman Zwonitzer called the meeting to order at 8:00 am. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
SECURITIES ACT REVISIONS AND ENFORCEMENT The Committee discussed 16LSO-154 w.7 – Uniform Securities Act. Appendix 3. The proposed legislation would repeal the current Wyoming Securities Act and replace it with the Uniform Securities Act. Kelley Janes, Director, Compliance Division, Secretary of State, discussed changes to the legislation her division has made since the previous meeting. Director Janes presented a memorandum to the Committee with answers to questions from the previous meeting. Appendix 4. She walked the Committee through the bill, and requested an amendment to the bill. Appendix 5. Ms. Janes and the Committee discussed the bill's appropriation for a new computer system and the account created by the current securities act from which the appropriation would come.
During public comment, Matthew Kaufman, Attorney, Hathaway & Kunz, described his review of the bill and stated that from a practitioner's perspective, it would be great for Wyoming. Dave Uchner, American Council of Life Insurerers, stated industry supports the legislation.
Representative Byrd moved, seconded by Representative Paxton, to sponsor the legislation. The motion passed on a roll-call vote with Representative Gay voting "no" and all other members voting yes. Senators Hicks and Meier were excused and did not vote. The Committee voted to sponsor the legislation with the following amendment:
Page 67 – line 9 Delete "one (1) year," insert "two (2) years"
INSURANCE – 16LSO-90 – CORPORATE GOVERNANCE ANNUAL DISCLOSURE Tom Glause, Insurance Commissioner, provided the Committee with an update regarding WINhealth and the problems that led to the company’s withdrawal from the Affordable Care Act exchange. Commissioner Glause discussed the Department of Insurance's receivership of WINhealth.
John McBride, Blue Cross Blue Shield, explained that Wyoming health insurers will pay the assessment for the Wyoming guaranty funds that must cover the cost of the WINhealth receivership.
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 3 OF 13
The Committee considered 16LSO-90 w.7 – Insurance-corporate governance annual disclosure. The proposed legislation would establish requirements for insurance companies to submit a governance report to the Department of Insurance. Appendix 6. Linda Johnson, Chief Examiner, Department of Insurance, explained each section of the bill to the Committee. Ms. Johnson addressed the concerns expressed in the staff comments contained in the bill. She presented the Committee with the model regulation which accompanies the model act. Appendix 7.Ms. Johnson presented the Committee with an article regarding health care co-ops and explained that it highlighted some corporate governance issues affecting the industry. Appendix 8.
Co-chairman Case moved, seconded by Senator Pappas, to sponsor 16LSO-90 w.7 with the following amendments:
Page 9 – line 7 After "rules." insert "Pursuant to the guidance in the model regulation, the CGAD shall describe the insurer's or insurance group's corporate governance framework, the policies and practices of the most senior governing entity and significant committees thereof, the policies and practices for directing senior management and the processes by which the board and senior management ensure an appropriate amount of oversight to the critical risk areas impacting the insurer's business activities."
Page 17 – line 21 After "of" insert "one hundred dollars ($100.00)".
Page 18 – line 1 After "be" insert "five thousand dollars ($5,000.00)".
A motion to sponsor the legislation originally failed with Senators Meier and Scott and Representatives Blackburn, Edwards, Gay, Jennings and Lindholm voting against. On November 18, Representative Lindholm moved to reconsider the legislation and the motion passed. On a roll-call vote, the motion to sponsor the bill passed with Senator Pappas, Representatives Blackburn, Edwards, Gay, Kirkbride, Lindholm and Paxton and Cochairmen Case and Zwonitzer voting for the motion. Senators Meier and Scott, and Representatives Byrd and Jennings voted against the motion.
Ms. Johnson also requested the Committee adopt an amendment to the insurance parity bill, 16LSO-92, that the Committee voted to sponsor at its September meeting. The bill currently sets a reporting requirement for expenditures at $250.00. However, the level set by the IRS in federal regulation is $75.00. Ms. Johnson requested an amendment for the insurance parity bill to mirror the level set by the IRS. The Committee requested LSO to draft this amendment for consideration during session.
PHARMACY BENEFIT MANAGERS The Committee discussed 16LSO-191 w.5 – Pharmacy benefit manager regulation. Appendix 9. The proposed legislation would require licensure and establish restrictions for pharmacy benefit managers operating in the state. Jeff Rude, Deputy Commissioner, Department of Insurance, discussed drafting changes made to the legislation by LSO staff and the response of affected parties to the changes.
Rachel Lee, CVS Health, and Michelle Mack, ExpressScrips, spoke about changes made to the bill draft that they felt drastically changed the bill. LSO staff explained that many of the changes were grammatical in nature and substantive issues had been identified in staff comments. Craig Frederick, Wyoming Pharmacy Association, discussed the changes made in the draft.
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 4 OF 13
LSO staff and the Committee discussed the licensing requirements and the amount of direction the legislation should give to the Department of Insurance. Commissioner Glause stated the license is intended to be similar to a business registration.
Co-chairman Case moved, seconded by Senator Meier, to sponsor the legislation with the following amendments:
Page 1 – line 1 After "insurance" insert "regulating the provision of pharmacy benefits".
Page 3 – line 10 After "article." insert "The requirements shall only provide for the adequate identification of licensee and the payment of the required licensing fee."
Page 11 – line 13 Delete "January" insert "July".
Page 14 – line 13 Delete "pharmacy".
Page 14 – line 14 Delete “list”.
Page 15 – line 19 Delete "not less than" insert "up to".
Page 17 – line 3 Delete "January" insert "July".
The motion passed a roll-call vote with Representative Lindholm voting against and all other members voting in favor of the motion.
PIERCING THE LLC VEIL – “DISREGARDED ENTITY” The Committee discussed 16LSO-97 w.2 – LLC member and manager liability. Appendix 10. The bill passed a motion for sponsorship at the Committee’s September meeting. On October 28, 2015, Chairmen Case and Zwontizer notified the Committee that a motion to reconsider the legislation would be made at the November meeting.
Scott Meier, Cheyenne Attorney, discussed suggested changes to 16LSO-97, including adding pass- through entities to its coverage and removing restrictive language to assure that the bill's provisions apply to all types of income tax.
Senator Meier moved, seconded by Senator Scott, to reconsider 16LSO-97. The motion to reconsider passed unanimously. Senator Meier moved, seconded by Cochairman Case, for the Committee to sponsor 16LSO-97 with the following amendments:
Page 2 – line 3 After "disregarded" insert "or pass-through".
Page 2 – line 4 Delete "federal income".
The motion passed a roll call vote with all members voting in favor of the motion.
OCCUPATIONAL THERAPISTS PRACTICE ACT The Committee considered 16LSO-193 w.4 – Occupational therapists practice act. Appendix 11. The proposed legislation would amend the current Occupational Therapy Practice Act by updating the law to
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 5 OF 13
reflect current occupational practices and standards. Senator Scott discussed his involvement working with the Board of Occupational Therapists to develop the draft legislation. Senator Scott explained the bill to the Committee including the issues identified in the staff comments. Rachel Yocum and Vickie Spires, Wyoming Board of Occupational Therapy, discussed proposed changes found in the legislation and described the need for this legislation due to outdated statutes.
Cochairman Zwonitzer moved, seconded by Representative Kirkbride, to sponsor 16LSO-193 w.4 with the following amendments:
Page 9 – line 2 Delete "Substance abuse" insert "Being diagnosed with substance abuse as defined by W.S. 35-1-613(a)(viii)".
Page 9 – line 20 After "country" insert “for an action constituting unprofessional conduct in Wyoming”.
Page 9 – line 20 After "state," insert “the District of Columbia,”.
Page 10 – line 12 Strike "Abuse of health insurance" insert "Submission of false or materially misleading billing information"
Page 12 – line 8 Delete “who uses” insert “by using”.
Page 12 – lines 13-20 Delete new language and repeal subsection (b).
Page 14 – line 2 After "necessary" insert “educational”.
Page 16 – line 19 Strike "certified".
Page 20 – line 12 Reinsert the first sentence of (a).
Page 25 – line 14 Adopt the language of subsection (f) contained in staff comment, changing "boards" to "board's" on Page 26 – Line 8.
The motion to sponsor 16LSO-193 w.4 passed with all members voting in favor.
BOARDS AND COMMISSIONS The Committee discussed 16LSO-155 w.4 – Boards and commissions party affiliation. Appendix 12. The proposed legislation would modify the party split requirements for many of the State’s boards and commissions. LSO staff explained the bill, stating it would allow no more than seventy-five percent of any board or commission members to be of the same party. The Committee discussed the purpose of the bill, as well as the staff comment on page 31, which included recommendations from Senator Hicks regarding boards and commissions that he believes do not need a party split.
The Committee heard public comment on the bill. Brianna Jones, Equality State Policy Center, encouraged the Committee to reject the bill and think of other ways to encourage diversity on boards and commissions including implementing gender splits. She encouraged the Committee to take this issue slowly and to get better public participation in the process. Marguerite Herman, League of Women Voters, discussed the difficulty of achieving political ratios for boards and commissions, but stated she
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 6 OF 13
believes political attitudes will change over time and Democrats will be easier to find for boards and commissions in the future. Ms. Herman urged the Committee to reject the proposed legislation.
Representative Clem spoke in favor of the legislation and also expressed support for Senator Hicks' recommendation that many boards and commissions do not need a political split for membership. Representative Clem also urged the Committee to consider language similar to the split for the Transportation Commission, which currently requires only that all members of the commission not be from the same party.
Representative Lindholm moved, seconded by Senator Scott, for the Committee to sponsor the legislation with the following amendments: remove party split requirements for the boards and commissions as recommended in the staff comment on page 31, except the Game and Fish Commission and the Water Commission; and remove the party split requirement for the Board of Nursing Home Administrators.
The motion to sponsor 16LSO-155 w.4 passed, with Cochairman Zwonitzer and Representative Byrd voting against and all other members voting in favor of the motion.
The Committee also considered 16LSO-156 w.2 – Boards and commissions district splits. Appendix 13. The proposed legislation would modify the district split requirements for the State’s boards and commissions. The Committee heard public comment and discussed the legislation, but took no formal action.
MEETING RECESS The Committee recessed at 5:50 p.m.
CALL TO ORDER (NOVEMBER 18, 2015) Cochairman Case called the meeting to order at 8:00 am.
ELECTED OFFICIALS’ COMPENSATION LSO Staff presented a report to the Committee regarding the compensation of elected officials. Appendix 14. The Committee heard testimony regarding the compensation of the legislature, as well as local government and state elected officials. The Committee discussed legislator allowances and disparities in district size. Appendix 15. Representative Lindholm moved, seconded by Representative Blackburn, for the Committee to adopt the report as drafted. That motion passed. The Committee discussed forwarding the report to Management Council to fulfill the Committee mandate. The Committee Chairmen will prepare a cover letter to accompany the report to Management Council.
DIGITAL INFORMATION PRIVACY TASK FORCE Representative Mary Throne, Co-chair of the Digital Information Privacy Task Force, Flint Waters, Chief Information Officer (CIO), and LSO staff provided the Committee an update on the interim work conducted by the Digital Information Privacy Task Force (the Task Force).
16LSO-44 – Right of Privacy and Right to Know The Committee discussed 16LSO-44 w.6 – Right of privacy and right to know. Appendix 16. The joint resolution proposes a constitutional amendment to provide for a right of individual privacy, and a right to examine documents and observe the proceedings of an agency or political subdivision. Representative Throne described the difference between this amendment and last year's proposed amendment, stating the
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 7 OF 13
new amendment acknowledges the public’s right to request public documents. The Committee considered the meaning of a “compelling state interest” as used in the proposed amendment. The Committee discussed data gathering and use by law enforcement and private companies.
During public comment, Jim Angel, Wyoming Press Association, expressed support for the resolution.
Representative Clem discussed whether the amendment will affect education. Representative Throne described efforts to protect student data, including bills presented to the Joint Education Committee.
Senator Scott discussed whether the amendment would create a private cause of action against companies that share data, even if it is shared with the government. Senator Scott also requested information on whether the amendment would only apply to government entities, or private industry and individuals as well.
Senator Meyer moved, seconded by Representative Paxton, for the Committee to sponsor 16LSO-78 w.6. The motion passed unanimously on a roll-call vote. Senator Scott suggests research on whether the amendment would create a private cause of action against companies that share data, even if it is shared with the government. Senator Scott also questioned whether the amendment would only apply to government entities, or private industry and individuals as well.
16LSO-78 – Data Management Policies The Committee considered 16LSO-78 w.9 – Data management policies. Appendix 17. The legislation would set requirements for agencies and the CIO regarding data collection, access, security and use. Mr. Waters and LSO staff described the bill to the Committee and discussed data collection for agencies.
During public comment, Shelly Simonton, Wyoming Association of Municipalities (WAM), discussed the effect of imposing new procedures on small municipalities.
Representative Lindholm moved, seconded by Blackburn, for the Committee to sponsor the legislation. The motion passed on a roll-call vote with one amendment:
Page 3 – line 4 Insert " (vi) In accordance with existing law, processes for the destruction or communication of data.".
The motion passed with Cochairman Zwonitzer voting against the motion and all other members voting in favor.
16LSO-141 – Uniform Fiduciary Access to Digital Assets Act The Committee discussed 16LSO-141 w.3 – Uniform Fiduciary Access to Digital Assets Act. Appendix 18. The act would provide fiduciaries with access to certain electronic records, and impose requirements on fiduciaries and custodians of electronic records. LSO staff presented a memorandum, Appendix 19, and proposed amendments, Appendix 20, to the Committee. LSO Staff and Representative Throne explained the legislation to the Committee, and described some of the concerns outlined in the memorandum and the draft amendments.
The Committee heard public comment. Erin Taylor, Internet Coalition, Liz Zerga, Wyoming Telecom Association, and Jody Levin, Verizon and Charter, addressed the Committee. They testified that they believe the model act is a compromise solution which balances privacy interests and industries’ need to comply with federal law. They support the bill, but do not necessarily support the proposed amendments.
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 8 OF 13
Representative Byrd moved, seconded by Cochairman Zwonitzer, for the Committee to sponsor the legislation. The motion passed with all members voting in favor of the motion except Senators Meier and Scott and Representatives Gay and Jennings.
SPECIAL DISTRICTS The Committee considered 16LSO-194 w.3 – Special districts-dissolution. Appendix 21. The legislation would set voter approval requirements for the continuation of special districts. LSO staff described the legislation. It is based on a bill from the 2015 session. The Committee and staff discussed the legislation's applicability to existing special districts. Staff described existing procedure for dissolution of special districts. Following public comment and discussion of creating a Special Districts Task Force under 16LSO-195, the Committee voted to table 16LSO-194 indefinitely.
The Committee discussed 16LSO-195 w.3 – Special districts task force (w.3). Appendix 22. The legislation would create a task force to study special districts and their operation and prepare a report to submit to the Committee. LSO Staff explained the legislation was drafted broadly to cover all issues related to special districts, and would allow the task force to prioritize issues based on need. The Committee discussed the appropriations needed for a task force.
Representative Paxton moved, seconded by Representative Lindholm, for the Committee to sponsor 16LSO-195 w.3. The Committee then heard public comment on the legislation. Karen Wheeler, Deputy Secretary of State, expressed concerns with the due date of the report because it was shortly after the primary election in August. Margaret Brown, Laramie Main Street Alliance, discussed the need for uniformity in special district elections. Julie Freese, Fremont County Clerk, expressed support for a task force, stating it has been twenty years since the last task force looked at special districts.
The Committee voted to sponsor the bill with all members voting in favor of the motion except Senators Meier and Scott and Representative Jennings. The Committee voted to sponsor the legislation with the following amendments:
LSO will staff the task force.
Page 2 Increase the task force membership to nine, comprised of four legislators (two each from the house and senate), a taxpayer representative, a county clerk, a member of the Secretary of State's office and a special district representative. The taxpayer and special district representative shall be appointed by the Governor.
Page 4 – line 17 Delete “including”.
Page 4 – line 18 Delete.
Page 4 – line 19 Delete "or" insert "and".
Page 4 – line 20 After "districts" insert “after prescribed time periods”.
Page 5 – line 2 Delete "August" insert "September".
Page 6 – lines 1-11 Amend to a single appropriation to the Legislative Service Office for the expenses of the task force. The appropriation shall be $26,000.00.
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 9 OF 13
EMERGENCY 911 The Committee considered 16LSO-196 w.4 – E911-statewide coordinator and personnel expenditures. Appendix 23. The proposed legislation would require the statewide coordination of an emergency 911 system, provide duties to the CIO for coordination of the system, and impose other requirements to implement the system. LSO staff explained the legislation, including funding sources for the system.
Flint Waters, CIO, discussed his office’s ability to coordinate a statewide 911 system. Mr. Waters stated the office already conducts broadband coordination and coordination of certain GIS services. Mr. Waters stated he does not believe his office is appropriate for overseeing this program because it does not have expertise in the field of public safety. Mr. Waters recommended leaving the system at the city and county level because it is tied to the functions of local law enforcement.
The Committee heard public comment on this issue. Byron Oedekoven, Executive Director, Wyoming Association of Sheriffs and Police Chiefs, stated that there was little consensus in the state on what an enhanced 911 system should look like. Mr. Oedekoven encouraged the Committee to consider whether a task force should explore this issue and define the objectives of a new system before the Legislature acts on this issue.
Dave Adsit, Technical Officer of Gillette Police Department, discussed the history of changes in the law for enhanced 911 systems. Mr. Adsit also described funding for emergency 911 equipment. He encouraged the Committee to consider a steady stream of funds to ensure all 911 equipment is state-of- the-art.
Pete Obermueller, Executive Director, Wyoming County Commissioners Association (WCCA), discussed coordination efforts and believes the problem the Committee is trying to solve is unclear. Mr. Obermueller believes a Governor appointed working group similar to the cybersecurity working group may be a better method of setting strategy and goals for a statewide system. Mr. Obermueller also expressed concerns with the bill's restriction on the use of funds for personnel.
Commissioner Rob Hendry, Vice Chairman WCCA, Natrona Commissioner, described his county's need to subsidize their 911 system because current funding is insufficient. Commissioner Hendry stated that many local governments are concerned about the use of a statewide coordinator and feel it is unnecessary. Shelly Simonton, WAM, agreed with comments from WCCA and stated the best decisions are made at the local level.
Glen Crumpton, Director, Larimer County Communication Center, agrees with other comments that more work needs done to identify objectives and goals of next-generation 911.
Dale Stalder, Laramie Police Chief, stated that currently the surcharge money is insufficient to fund their communication center even when only used for equipment. He also encouraged the Committee to hold off on legislation until goals for a next-generation program are more clearly defined.
On roll-call vote, the Committee voted to table 16LSO-196 with all members voting in favor except Senator Pappas, Representative Lindholm and Cochairman Case.
Representative Lindholm moved, seconded by Representative Blackburn, for the Committee to sponsor 15 HB 105 which would create a next-generation 911 task force. The motion passed with all members voting in favor except Senators Meier and Scott and Representatives Jennings, Kirkbride and Paxton.
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 10 OF 13
LOCAL GOVERNMENT FINANCE The Committee discussed 16LSO-197 w.3 – Appropriations to local governments-codification. Appendix 24. The legislation would codify the Budget Bill's funding formulas for local governments. Dean Tempte, LSO Staff, explained the history of the provisions in the budget bill and described the formulas codified in the draft bill. The Committee also discussed potential legislation from Representative Madden which would reform the distribution formulas for local governments. The Committee discussed adding a repeal date to the legislation to require the Legislature to revisit this issue in the future.
During public comment, Pete Obermueller, WCCA, described Niobrara County's funding problems. He stated Niobrara County would be excluded from the hardship formula if the current formula is used. Mr. Obermueller described other problems with the current funding formula and stated that on a vote, a high majority of counties approve of Mr. Madden’s new formula. This new formula will be provided to the Joint Appropriations Committee who will decide whether or not to adopt it.
Shelly Simonton, WAM, stated her organization supports the bill but has concerns that the formula will be less flexible once codified. Ms. Simonton suggests reexamining base amounts, adding tiers and examining outlier communities. Scott Badley, Legislative Manager, WAM, discussed Representative Madden's reformed formulas. Mr. Badley stated Representative Madden's new formula may need more time to develop, therefore WAM supports using the current formula this session.
Senator Scott moved, seconded by Senator Meier, for the Committee to sponsor 16LSO-197. The motion passed a roll-call vote with Senators Meier, Pappas and Scott, Representatives Byrd, Gay and Kirkbride and Cochairman Zwonitzer voting for the motion. Representatives Blackburn, Edwards, Jennings, Lindholm, Paxton and Cochairman Case voted against the motion. The Committee voted to sponsor the legislation with the following amendments:
Page 5 – line 10 Create new subsection which states "This section is repealed July 1, 2025."
Page 21 – line 17 Create new subsection which states "This section is repealed July 1, 2025."
DOWNTOWN DEVELOPMENT The Committee discussed resurrecting 15 HB 69 – Abandoned buildings. Appendix 25. Representative Byrd explained the legislation, describing the problem of abandoned and dilapidated building for downtown districts. Amy Surdam, Executive Director, Cheyenne Downtown Development Authority, discussed the problem of abandoned buildings in downtown Cheyenne. Ms. Surdam expressed concerns that the penalties set forth in the legislation are not severe enough to remedy the problems with some of the abandoned buildings in downtown Cheyenne. The Committee discussed the bill’s applicability to commercial buildings only and not residential buildings.
Senator Scott moved, seconded by Representative Paxton, for the Committee to sponsor the legislation. During public comment, Boyd Wiggam, Wyoming Liberty Group, expressed concerns with the legislation, stating he believes it would allow for the taking of property without due process. Mr Wiggam believes condemnation allows for a sufficient procedure to address abandoned buildings. Tom Jones, Wyoming Association of Realtors, expressed concerns the bill is overreaching and takes property without due process.
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 11 OF 13
The motion to sponsor 15 HB 69 failed a roll-call vote, with all members voting against except Senator Scott, Representatives Byrd and Paxton and Cochairman Zwonitzer voting in favor.
ELECTION CODE REVISIONS The Committee considered 16LSO-198 w.4 – Referendum-circulator payment. Appendix 26. The legislation would repeal the pay-per-signature prohibition for referendum petition circulators. Kai Schon, Acting Election Director, Secretary of State, explained the bill, stating the statute should have been repealed with other related provisions that were repealed in last year's session. Director Schon described concerns about the constitutionality of the statute.
Senator Scott moved, seconded by Representative Blackburn, for the Committee to sponsor the legislation. The motion passed unanimously on a roll-call vote.
MEETING ADJOURNMENT The Committee approved a motion to allow the cochairmen to assign bills between the houses. There being no further business, Cochairman Zwonitzer adjourned the meeting at 6:00 pm.
Respectfully submitted,
Representative Dan Zwonitzer, Cochairman
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 12 OF 13
Committee Meeting
Materials Index
Appendix Agenda Item Appendix Description Appendix Provider
1 Committee Sign-In Sheet Lists meeting attendees Legislative Service Office
2 Committee Meeting Provides an outline of the topics the Legislative Service Office Agenda Committee planned to address at meeting
3 Securities Act Revisions Uniform Securities Act – 16LSO-154(w.7) Legislative Service Office
4 Securities Act Revisions Secretary of State Memorandum Secretary of State
5 Securities Act Revisions Securities Act Proposed Amendment Secretary of State
6 Insurance - Corporate Corporate Governance Annual Disclosure – Legislative Service Office Governance 16LSO-90(w.7)
7 Insurance - Corporate Corporate Governance Annual Disclosure Department of Insurance Governance Model Regulation
8 Insurance - Corporate Healthcare Co-op Article Department of Insurance Governance
9 Pharmacy Benefit Pharmacy Benefit Manager Regulation – Legislative Service Office Managers 16LSO-191 (w.5)
10 Piercing LLC Veil LLC Member Liability 16LSO-97 (w.2) Legislative Service Office
11 Occupational Therapists Occupation Therapy Practice Act – 16LSO- Legislative Service Office Act 193 (w.4)
12 Boards and Commissions Boards and commissions party affiliation – Legislative Service Office 16LSO-155 (w.4)
13 Boards and Commissions Boards and commissions district splits – Legislative Service Office 16LSO-156 (w.2)
14 Elected Official Report: Elected Official Compensation Legislative Service Office Compensation
15 Elected Official Senator Meier's Meeting and Event Legislative Service Office Compensation Schedule Summary
16 Digital Information Privacy Right of Privacy/Right to Know – 16LSO- Legislative Service Office Task Force 44 (w.6)
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 13 OF 13
17 Digital Information Privacy Data Management Policies – 16LSO-78 Legislative Service Office Task Force (w.9)
18 Digital Information Privacy Uniform Fiduciary Access to Digital Assets Legislative Service Office Task Force Act – 16LSO-141 (w.3)
19 Digital Information Privacy Memorandum re: 16LSO-141 Legislative Service Office Task Force
20 Digital Information Privacy Proposed Amendments: 16LSO-141 Legislative Service Office Task Force
21 Special Districts Special District Dissolution – 16LSO-194 Legislative Service Office (w.3)
22 Special Districts Special District Task Force – 16LSO-195 Legislative Service Office (w.3)
23 Emergency 911 E911 Statewide Coordinator – 16LSO-196 Legislative Service Office (w.4)
24 Local Government Finance Appropriations to Local Governments – Legislative Service Office Codification – 16LSO-197 (w.3)
25 Downtown Development Abandoned Buildings – 15 HB 69 Legislative Service Office
26 Election Code Revisions Referendum-Payment Circulators – 16LSO Legislative Service Office – 198 (w.4)
JOINT CORPORATIONS, ELECTIONS, & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings
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