D r a f t O n l y

A p p r o v a l P e n d i n g

SS UUMMMMAARRYY ooff

PP RROOCCEEEEDDIINNGGSS J OINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE

COMM ITTEE M EETING I NFORM ATIO N January 19, 2012 Room 302, Capitol Building Cheyenne, Wyoming

COMM ITTEE M EM BERS PRESENT Senator , Cochairman Representative Pete Illoway, Cochairman Senator John Hines Senator Wayne Johnson Senator Marty Martin Senator Charlie Scott Representative Gregg Blikre Representative Jim Byrd Representative Representative Representative John Patton Representative Representative Representative

LEGISL ATIVE SERVICE OFFICE ST AF F Dan Pauli, Director Lynda Cook, Staff Attorney Matt Obrecht, Staff Attorney Matt Sackett, Senior Research Analyst

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 ’s website at http://legisweb.state.wy.us. PAGE 2 OF 7

OTHERS PRESENT AT M EETING Senator Jim Anderson Senator Senator Leland Christensen Senator Hank Coe Senator Senator Senator Ogden Driskill Representative Representative Representative Tom Lockhart Representative Robert McKim Representative Lorraine Quarberg

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

EXECUTIVE SUMMARY The committee met in Cheyenne to conclude its consideration of redistricting based on the 2010 census.

CALL TO ORDER Co-Chairman Pete Illoway called the meeting to order at 8:30 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.

APPROV AL OF MINUTES Minutes from the December, 2011 Committee meeting were approved.

REDISTRICTING

Matt Obrecht, LSO staff, presented a memo regarding holdover senators removed from their district by the redistricting process. (Appendix 3). Mr. Obrecht explained that the legislature has wide latitude to act in this area without offending the constitution as long as they ensure that every citizen has an identifiable senator following the 2012 election.

Senator Hines reiterated that the Wyoming constitution declares that a senator is elected for four years and his belief that this constitutional provision should be considered when deciding the proper course of action involving a holdover senator removed from his district by the redistricting process. Mr. Obrecht explained the various provisions in the constitution that may conflict which each other when redistricting is considered. Mr. Obrecht noted that the bill is currently drafted to require an election in a district where the holdover senator was removed through the redistricting process. The election would be for the remainder of the removed senator's term.

Senator Coe and Representative Quarberg discussed the Big Horn Basin. They put together a plan for House districts 24, 25, 26, 27, 28 and 50. (Appendix 4). Rep. Quarberg noted that the plan keeps the three voting districts in Meteetsee together. Mr. Sackett, LSO staff, noted that the plan is within the allowable deviation. Jerri Torczon, Park County Clerk and Dori Noyes, Big Horn County Clerk, testified

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 http://legisweb.state.wy.us PAGE 3 OF 7

in support of the plan. Julie Freese, Fremont County Clerk, testified that the plan does not materially affect the Fremont County Plan. The committee adopted the plan into the committee bill.

Representative Teeters brought an amendment that places Fort Laramie in HD 4 with Lingle and cleans up the boundaries around Torrington. Rep Teeters noted that the Goshen County Clerk is ill so she hasn’t reviewed the proposal and couldn’t be here to support the change. Becky Freeman, Niobrara County Clerk, asked how large the district will be. Rep. Teeters noted that the proposal does not increase the distance a representative would have to travel. Ms. Freeman also asked if the plan would cause problems with the precincts. Hans Odie, Hot Springs County Clerk, asked why the area that is moved in this amendment was in the other district in the original plan. He expressed concern that the change may affect current precincts and districts. The committee asked Rep. Teeters to contact the deputy Goshen County Clerk to ensure that she has an opportunity to weigh-in on the plan.

Senator Martin testified that he was tasked with working together with other legislators and clerks from the western part of the state. The group met and put together a proposal that they brought to the public. The plan encompasses House districts 15, 47, 17, 39, 19, 49, 18, 21, 20, 22, 16 and 23. (Appendix 5). Representative Jaggi testified that his county clerk expressed concern about placing a portion of Evanston in house district 18. He also testified that it is probably the best they could do with the numbers the way they are, even though it places two sitting house members in the same district. Senator Dockstader testified that this plan was a compromise between all the communities of interest in the area. Rep. Roscoe reiterated that the plan is a compromise. He has a proposed change for the northern part of the amendment, but he testified that the southern part is good. Mary Langford, Sublette County Clerk, testified that they have worked very hard to come to this compromise. She testified that Sublette County is satisfied with the plan. Sherri Dagle, Teton County Clerk, agreed. She testified that the changes proposed by Roscoe would clean up some lines in Teton County and would address her concerns. Senator Christensen testified in support of the plan.

Rep. Roscoe explained that his proposed changes are to HD 22, 16 and 23. He noted that the amendment fixes the problem of splitting the town of Wilson down the middle. Sherri Dagle explained that the amendment uses the Snake River as a dividing point. She noted that Rep. Petroff is happy with the changes. Ms. Dagle testified that while she is satisfied with the original plan, she is “ecstatic” with the amendment proposed by Rep. Roscoe. Senator Christensen testified in support of the amendment as well. The committee adopted the plan, with the Roscoe amendment, into the committee bill. (Zwonitzer No on the original plan, but yes on the Roscoe amendment).

Tom Bruce, Weston County Commissioner, introduced the Weston County Clerk Mamie Krank. Ms. Krank testified that she has some issues with the current plan. She noted that the current plan splits a school district between two house districts and two senate districts (Appendix 6). She testified in opposition of nesting house districts 1 and 2 separately. She noted that Newcastle is very different from Goshen County. Rep. Stubson noted that the house district split of the school district has always been an issue. Ms. Krank noted that the real concern is the split in the Senate district. Matt Sackett noted that trying to follow the school district lines would result in an unallowable deviation in population. Senator Driskill testified that he realizes the current senate district is a big senate district, but it is a common community of interest. He does not support the nesting proposed in the committee plan.

Rep. Hunt testified that he will bring an amendment during session that draws the lines according to his original plan.

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 http://legisweb.state.wy.us PAGE 4 OF 7

Ms. Krank testified that when a district is so wide that people do not have the chance to know the people running then they are disenfranchised. Senator Hines disagreed. He suggested that people should vote based on philosophy, not on where the person lives.

Senator Scott asked what the implications are if the committee changed the nesting of Senate District 1.

Mr. Bruce argued that Weston and Niobrara counties together can support a house district. He again argued that Goshen County does not share a community of interest with the northern counties. Rep. Kroeker suggested that pointing out problems without offering solutions is not productive.

The Weston County contingent did not have a specific proposal for the Committee which could be included in the committee plan while preserving the boundaries of surrounding districts and maintaining the proper population deviation. Chairman Illoway stated that interested parties from eastern Wyoming could work with LSO staff over the lunch break to develop a new plan for eastern Wyoming that would address the concerns of Weston County.

Senator Case presided after the lunch break. Rep. Hunt presented a new plan for eastern Wyoming. (Appendix 7). The plan puts Weston and Niobrara counties in one district. House district 1 encompasses Crook County and part of Campbell County. The plan extends House district 10 substantially north into Goshen County. The plan does not map out the 9 districts in Laramie County due to lack of time, so it does not just "drop into" the current plan. Senator Driskill expressed support for the plan. Chairman Illoway expressed displeasure with the plan and its treatment of Laramie County.

Mamie Krank, Weston County Clerk, asked about the mechanics of the effects the plan has on Laramie County. Lenard Seeley, Weston County Commissioner testified in support of the proposed Hunt plan.

Debbye Lathrop, Laramie County Clerk, noted that Converse County is heavily affected in this plan. She noted that the Converse County Clerk worked hard on making the current plan work and she has not been consulted on this. She also noted that the Laramie County Plan has been a compromise that has been worked on for many months.

Becky Freeman, Niobrara County Clerk, testified that she spoke with Lucille Taylor, Converse County Clerk, and she told her that she can live with this plan, but prefers the committee’s plan. She does not want Glenrock split at all.

Rep. Byrd testified against the plan. He noted that the Laramie County contingent has worked on the Laramie county plan for months. They have formed coalitions with people who normally cannot agree on anything. He noted that the plan eviscerates Torrington.

Susan Saunders, Campbell County Clerk, testified that they would need time to look closely at this plan. She noted that it looks like this plan makes House District 1 extend into the city limits of Gillette. Rep. Hunt argued that it did not.

Senator Scott saw three problems. One, it can’t be seen what the plan does to Campbell County. Two, the disposal of the work already done in the Laramie County districts is problematic. Three, extending house district 10 into the city of Torrington is disturbing. He suggested going with the committee plan as it is, and let the proponents of the Hunt plan get together and develop something for session. He suggested that the only way it will work is if the proponents get "buy in" from all the affected counties.

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 http://legisweb.state.wy.us PAGE 5 OF 7

The committee voted to affirm the committee’s December plan for eastern Wyoming. Rep. Zwonitzer testified that he will work with Rep. Hunt on a plan that looks like his to bring to session. The motion passed unanimously.

Matt Obrecht stated that he spoke with Cindy Sussex, Goshen County Clerk, and she is supportive of the Teeters plan, with a minor amendment concerning the placement of the Torrington Airport in House District 4. The committee voted to adopt the Teeters amendment with the suggested change from the clerk. The committee also voted to switch the house district numbers 4 and 5.

The committee discussed changing house district numbers to reflect the senate district in which they are nested within, differentiated with an "A" or "B" (EXAMPLE: The nested house districts in Senate District 1 would be House District 1A and House District 1B) . Rep. Blikre argued that this would diminish the autonomy of the house. The committee discussed whether doing so would cause confusion in the public or aid with current confusion. Julie Freese, Fremont County Clerk, questioned whether this renumbering would cause problems ten years from now. Rep. Patton suggested that an A/B numbering program would serve as a barrier to potential multi-member districts in the future. The committee voted not to change the numbering system. (Kroeker, Case, Jaggi and Scott opposed).

The committee discussed how the current nesting of house districts differs from the committee’s proposed plan. Senator Anderson stated that the splitting of Converse County, and specifically the city of Douglas, is an acceptable compromise. He noted that the committee’s plan is not terribly different from current districting and actually reflects communities of interest better than before.

It was noted that with the exception of Senator Meier, every other Senator still resides in the Senate District from which they were elected.

The committee discussed how to handle the issue of senators that are displaced. Chairman Illoway suggested that the best plan is to let the senator serve out his term in the district he was elected from. Senator Johnson testified that the people of the displaced senator’s district elected him to serve for four years and he should be allowed to serve out his term. Senator Christensen expressed support.

Senator Case mentioned that members of Congress are not required to live in their district after the election. The committee unanimously voted to allow a displaced senator to serve out his term.

The committee discussed Attachment A of the bill which sets out the districts and how amendments to the plan will look. (Appendix 8). It was noted that amendments could take up to 30 minutes for a simple amendment to be drafted, longer for more substantial amendments. The committee also discussed having a training session the Saturday before session begins. The chairmen will be bringing this idea to management council for approval.

The committee discussed whether a proposed amendment which deviates from the allowable 10% should be ruled out of order. Chairman Case pointed out that a deviation of more than that is not per se unconstitutional, but rather the burden of proof shifts if the plan is challenged in court.

Chairman Scott made the suggestion that the chairmen also file individual bills that mirror the committee bill which could be used if something goes terribly wrong with the committee bill.

The committee discussed whether a severability clause was necessary since the language is already enacted in W.S. 8-1-103(a)(viii). The committee voted to amend the language out of the bill.

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 http://legisweb.state.wy.us PAGE 6 OF 7

Senator Scott stated that if an amendment is proposed where there is not complete agreement from the legislators and clerks affected by the change, he will not support it and will encourage other members of the committee to not support it.

Mr. Obrecht noted that the final map approved by the committee will be available on the map viewer in a few days.

Marguerite Herman, League of Women Voters, congratulated the committee on their hard work. She noted that they are going to request rules from the management council requiring a roll call vote on all amendments.

Julie Freese, Fremont County Clerk, thanked the committee for letting the county clerks be such a huge part of the committee’s work on the bill. She asked that the members involve their clerks on consideration of any amendments on the floor.

The bill was moved by Martin seconded by Illoway. The bill passed unanimously.

MEETING ADJOURNMENT There being no further business, Co-Chairman Cale Case adjourned the meeting at 4:10 p.m.

Respectfully submitted,

Cale Case, Co-Chairman Pete Illoway, Co-Chairman

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 http://legisweb.state.wy.us PAGE 7 OF 7

CCoommmmiitttteeee MMeeeettiinngg

MMaatteerriiaallss IInnddeexx

Appendix Appendix 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 Redistricting Memo regarding holdover senators Legislative Service Office

4 Redistricting Big Horn Basin Plan. Senator Coe

5 Redistricting Southwestern Plan. Senator Martin

6 Redistricting Weston County School District map Mamie Krank

7 Redistricting Rep. Hunt Eastern Plan. Representative Hunt

8 Redistricting 12 LSO 119.C2 – Redistricting of the Legislative Service Office legislature.

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 http://legisweb.state.wy.us