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PP RROOCCEEEEDDIINNGGSS J OINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE

COMM ITTEE M EETING I NFORM ATIO N December 5 & 6, 2011 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 Representative Gregg Blikre Representative Jim Byrd Representative Representative Representative John Patton Representative Representative Representative

COMM ITTEE M EM BERS NOT PRESENT Senator Charlie Scott

LEGISL ATIVE SERVICE OFFICE ST AF F Lynda Cook, Staff Attorney Matt Obrecht, Staff Attorney Matt Sackett, Senior Research Analyst Kelly Shepp, Associate 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 9

OTHERS PRESENT AT M EETING Senator (via telephone) Senator Senator Senator Senator Senator Representative Don Burkhart Representative John Eklund Representative Ken Esquibel Representative Representative Robert McKim Please refer to Appendix 1 to review the Subcommittee Sign-in Sheet for a list of other individuals who attended the meeting.

EXECUTIVE SUMMARY The committee met in Cheyenne and discussed legislation regulating surplus lines insurance. The committee also continued the process of 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 October, 2011 Committee meeting were approved.

INSURANCE

12 LSO 0015.W1 – Insurance-surplus lines.

Ken Vines, Jim Mitchell and Donna Stewart from the Department of Insurance presented the bill. Mr. Vines provided a summary of the bill (Appendix 3). Non-admitted insurance is property and casualty insurance placed with insurers not licensed in this state, directly by an insured or through a surplus lines broker. The proposed changes add new definitions and requirements based upon those found in the Non- admitted and Reinsurance Reform Act of 2010. Jim Mitchell explained what surplus lines insurance entails.

The committee discussed how allocation of risk among property located in different states occurs.

Ms. Stewart explained how Chapter 9 of the insurance code applies to insurers under the non-admitted insurance chapter.

The bill was moved and seconded. The insurance department brought several proposed amendments for simple clarifications (Appendix 4). The bill passed unanimously as amended (Appendix 5).

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 9

REDISTRICTING

Chairman Illoway introduced the topic. He reminded the committee that the goal is not to save the seats of existing legislators but to do the best job of redistricting for the state.

Representative Jaggi noted that he appreciates the work of the committee. He suggested that the committee looked at each region in the state. He stated that he understands that alternative ideas have come forward since the meeting in Casper, but he recommends that the committee stay the course with what was decided in Casper.

Rep. Patton noted that this is the fourth redistricting he has been involved in. He believes that the people have had more say this time than at any time in the past.

Senator Case discussed the process which included multiple meetings in each of the counties, as well as at least 15 meetings of the committee to consider those local plans.

Chairman Illoway reiterated the principals the committee voted to follow:

1. Election districts should be contiguous, compact and reflect a community of interest; 2. Population of election districts should be substantially equal, with the range of deviation not to exceed 10%; 3. To the greatest extent possible, in establishing election districts: a. County boundaries should be followed; b. The majority of the population of each county should be in one district; c. Census blocks should be followed; 4. The plan should avoid diluting voting power of minorities in violation of the Voting Rights Act; 5. The house shall have 60 seats and the senate shall have 30 seats; 6. Consideration should be given to two contiguous house districts in each senate district; 7. Significant geographical features should be considered in establishing districts.

Matt Sackett, LSO, presented the two plans that were addressed by the committee at the Casper meeting. The committee discussed the redistricting plan for each region of the state in turn.

Chairman Illoway discussed the plan splitting Rawlins. Rep Burkhart testified that there is no support for a plan that splits Rawlins. The committee voted to return to the original plan that did not split the city of Rawlins.

Jackie Gonzales, Albany County Clerk testified that the clerks’ revised plan would put Rock River back into districts with other Albany county residents. Senator Martin testified that the revised clerks’ plan added additional people into HD 47 from a rural subdivision north of Rock Springs. Senator Case noted that the people in the subdivision north of Rock Springs have more in common with Rock Springs than people in Rock River have with Laramie.

The committee voted to keep the Natrona County plan as proposed.

Rep Patton explained the development of the Sheridan Johnson county plan. The committee voted to keep the Sheridan Johnson county plan as proposed.

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 9

Chairman Case explained the Fremont county plan which places Dubois back with the majority of Fremont County. Shoshoni and Lysite get included in the Big Horn basin in this plan. He noted that the people in Shoshoni are not very happy with the plan, but the people in Dubois appear to be happy with the plan. Debbye Lathrop, Laramie County Clerk noted that Julie Freese, Fremont County Clerk, has some minor adjustments to the Fremont Plan to accommodate some concerns in the Riverton area. Chairman Illoway stated that he is very uncomfortable with House District 28 in this plan because of the way Meteetsee is handled.

Hans Odde, Hot Springs County Clerk, testified that his county has lost population and the only way to bring enough people into the district is to include Meteetsee, Shoshoni and Lysite. Rep. Illoway noted that it looks like they are trying to save a representative’s seat. Mr. Odde testified that he understood this, but the alternative would split Thermopolis. It was noted that the clerks in the basin might propose some adjustments to the plan. Chairman Illoway stated that if they are going to do something they need to do it now.

The committee voted to keep the Fremont county plan as proposed but there were several members voting against it. The no’s were related to the placement of Jeffrey City, Shoshoni and Meteetsee.

Susan Saunders, Campbell County Clerk, testified about the Stubson plan for the eastern part of the state. (Committee proposal 1). Debbye Lathrop explained how the plan affects Laramie County. House District 10 stretches into lower Goshen County. Senator Meier testified that ranchettes closer to Cheyenne would have greater communities of interest with Cheyenne. He suggested adding some of southern Platte into HD 7 rather than moving some of southern Goshen into HD10. He noted that the proposal as it stands puts him into Senator Johnson’s district. The committee asked LSO to look at the changes suggested by Senator Meier.

The committee then looked at Committee proposal 2 (Driskill plan). Senator Driskill stated that under his plan communities of interest are kept together. He noted that proposal 1 takes a representative from six counties and gives it to 1 county that already has 4 representatives. Senator Hines suggested that proposal 1 is not the best for Campbell County but it is better than proposal 2.

Debbye Lathrop testified that the clerks from the eastern side of the state had more support for proposal 1. The committee voted to move forward with the eastern side of the state in proposal 1 with the changes proposed by Debbye Lathrop in the “clerks 2” plan and changes proposed by Representatives Zwonitzer and Throne.

The committee took up the southwestern part of the state. The committee looked at the revised clerks’ plan. Chairman Illoway discussed how Sublette County wants to remain unified, but Star Valley wants to remain unified as well. Mary Lankford, Sublette County Clerk, and Sherry Daigle, Teton County Clerk noted that they tried to keep communities of interest intact. She noted that by moving Dubois out of HD 23, it pushed the borders of the Teton County district south. She noted that Alpine and neighboring towns have a community of interest with Jackson as so many of the residents commute to Jackson to work. Rep. Roscoe noted that under this plan the community of Wilson is split in half. He also noted that the Jonah gas field brings up very important issues and representation in that area should be local to know those issues. Rep. Jaggi noted that Sublette County made up 75% of the population in the area in the current district and he does not understand why the plan needs to make it 100% when it causes ripple effects in other districts. Senator Cooper expressed concern that the County Clerk’s plan slices up Lincoln County unnecessarily. Senator Martin also noted that the plan breaks a subdivision north of Rock Springs into 3 different districts.

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 9

The committee then looked at the revised Martin/Cooper plan. Senator Cooper noted that this plan maximizes the number of people from Sublette County in a single district. Representative Roscoe noted that the new district created in northern Lincoln and southern Teton counties in this plan splits Star Valley and puts it with Wilson, two very different communities. Senator Cooper noted that there are over 12,000 people in Star Valley so they have to be split somehow. Teton County has to shed population into another district. It was the only way to handle it. Mary Lankford testified that the logical thing is to put Bondurant in a district to the north. She said this plan splits the Pinedale school district. However she noted that this plan is better than the first Cooper/Martin plan.

Senator Dockstader presented the Dockstader/McKim plan. Sen. Dockstader provided a petition of support for the McKim/ Dockstader plan. (Appendix 6). The plan is designed to protect the continuity of Star Valley. He acknowledged that the plan needs work on the southern end. He testified that the Star Valley community is on fire right now. Rep. McKim reiterated the concerns raised by Senator Dockstader. Senator Martin noted that Etna and Star Valley Ranch are split in the plan. Chairman Illoway expressed concern that this plan splits Sublette County in half. Rep. Roscoe suggested that the Dockstader/McKim plan could be melded with the Clerk’s plan.

Representative Kroeker expressed concern that all these plans are such a deviation from the original plan. He does not want to start the entire process over. Senator Cooper defended the revised Cooper/Martin plan as the most balanced.

Rep. Byrd moved that the Clerks’ 2 plan for southwestern Wyoming be adopted. The motion was seconded. The motion had five in support and six opposed. Stubson moved the revised Cooper/Martin plan and it was seconded. Roscoe spoke against the plan as not working for the people in the northwest part of the state. Stubson argued that the plan handles the Sublette County issue. Rep. Zwonitzer opposed the plan. Senator Dockstader argued against the plan as detrimental to Star Valley. Rep. Blikre suggested that this is only a place to start. The motion passed (7 in favor, 5 opposed). The motion was reconsidered to have further discussion on the Sweetwater/Carbon county portions. The motion passed again (7 in favor, 5 opposed).

The committee recessed for the evening.

The committee reconvened at 8:00 am December 6, 2011 with Representative Illoway presiding.

Matt Obrecht, LSO, explained a proposal from Senator Meier. The proposal attempts to create less disruption in Goshen County than previous proposals. Rep. Byrd noted that the proposal looks like an attempt to save someone’s seat. Senator Meier testified that he attempted to go back to the borders from 20 years ago. He noted that current boundaries split the North Platte Valley and that is a community of interest. Senator Meier’s plan moves people from southern Platte County into a district in eastern Laramie County. He argued that taking away a seat from a rural county where the legislator has seniority is unconscionable. The committee discussed how nesting of house districts within a senate district would work under such a plan.

Senator Ross testified that the plans created by the Laramie county delegation attempted to be least intrusive on other counties. He suggested that the Meier plan is convoluted. Debbye Lathrop discussed the problems in administering elections under the proposed Meier plan. She noted it is difficult to find facilities in which to hold elections in rural areas. Rep. Eklund noted that he lives at the edge of Laramie County and Goshen County and he sees the two populations as similar.

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 9

The Meier plan was moved and seconded. The motion failed (2 for, 11 opposed).

Hans Odde, Hot Springs County Clerk, testified about a potential proposed alternate plan for the Big Horn Basin. While a spreadsheet has been created, there is no apparent support for the plan and therefore he suggested that no proposal would be forthcoming. With respect to committee proposal #1, Mr. Odde suggested that Meteetsee and Shoshoni are necessary to make a house district containing Hot Springs County. Chairman Illoway suggested that while this house district looks like it is an attempt to save a seat, it isn’t because there is no other way to add population to the area.

With respect to the Stubson/Clerks 2 plan, there was discussion of Douglas being split in the plan. Debbye Lathrop noted that the Converse County Clerk worked with the clerks to put the plan together.

The committee then turned to western Wyoming again. Senator Martin testified that the interested parties are working hard to come to some agreement on changing lines. Senator Martin suggested a change to put a 4 person block back into House district 22. The committee agreed. Chairman Illoway asked to look closely at Rock Springs. Senator Martin noted that the southwest alternative plan solves the issues raised by the Clerks 2 plan.

With respect to Sublette and Star Valley, Chairman Illoway expressed concern that the committee be unified on the approved plan. Rep. Roscoe reiterated his concerns about the northern portion of the revised Cooper/Martin plan approved yesterday. Rep. Roscoe presented an amendment to the plan that he argued brings Star Valley together, keeps Diamondville and Kemmerer together and improves the “commuter line” with Teton County. Senator Dockstader testified that Senator Cooper really needs to see the plan to see if he agrees.

Rep. Roscoe moved his amendment to the southwest plan. Rep. Jaggi testified against the change because he feels it causes problems in Uinta County. Senator Dockstader suggested that bringing changes to the January meeting would be helpful. Senator Martin argued not to change at this time. The amendment passed. (7 yes, 6 opposed).

The committee adopted the Fremont County portion of the Clerks 2 plan.

With respect to Rock River area, Jackie Gonzales testified that the people of Rock River would prefer to be included with Albany County, but they have been part of HD47 in the past. The committee adopted the Albany county portion of the Committee proposal #1. The committee adopted the Big Horn basin as it exists in the Committee proposal #1. The committee adopted the Campbell County and Converse County portions of the Clerks 2 plan.

The committee considered including a $250,000 appropriation which would only be expended in case of litigation challenging the redistricting plan. Senator Case suggested that such an appropriation would send the wrong signal. The committee discussed how the attorney general is required to defend the laws. It was noted that the attorney general did not approach LSO asking for the appropriation. The motion failed.

The committee will meet again January 19 in Cheyenne. If required, the committee may meet for a second day on January 20 to finalize a redistricting 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 7 OF 9

Matt Sackett showed the committee the map as it looks after all the motions adopted by the committee. (Appendix 7)

Senator Case discussed whether all senators should be required to run. If not, the committee will need to consider special cases where new districts contain the residences of more than one sitting senator. Matt Obrecht explained the attorney general opinion that it would not offend the one person one vote principal to allow holdover senators who are still physically within their district to remain for the rest of their term. The opinion also states that the committee could require all senators to run as well.

Senator Case explained the historic roots of the constitutional provision giving senators four years terms. He argued that the constitutional drafters chose not to require all senators to run following redistricting. He read historical accounts of the debate that occurred in the same room the committee is now meeting in.

Rep. Zwonitzer questioned whether not requiring them to run would have any implications under the Voting Rights Act. He noted that making every one run solves any potential problems.

The committee discussed the pros and cons of requiring Senators to run and how nesting could affect the decision.

The committee looked at nesting different house districts into senate districts in order to create more compact senate districts.

The committee agreed to nesting the following districts:

SD 30 = HD 38 & 58 SD 29 = HD 37 & 59 SD 28 = HD 56 & 57 SD 27 = HD 35 & 36 SD 26 = HD 34 & 55 SD 25 = HD 33 & 54 SD 24 = HD 32 & 53 SD 22 = HD 40 & 30 SD 21 = HD 51 & 29 SD 20 = HD 27 &28 SD 19 = HD 25 & 26 SD 18 = HD 24 & 50 SD 17 = HD 16 & 23 SD 16 = HD 21 & 22 SD 15 = HD 49 & 19 SD 14 = HD 18 & 20 SD 13 = HD 39 & 60 SD 12 = HD 17 & 48 SD 11 = HD 47 & 15 SD 10 = HD 14 & 46 SD 9 = HD 13 & 45 SD 8 = HD 12 & 44 SD 7 = HD 11 & 43 SD 6 = HD 10 & 9 SD 5 = HD 8 & 42

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 8 OF 9

SD 4 = HD 7 & 41

Proposed changes from previous years: (passed, 2 opposed) SD 1 = HD 1 & 52 SD 2 = HD 5 & 6 SD 3 = HD 2 & 4 SD 23 = HD 31 & 3

Debbye Lathrop testified that changing the nesting in Laramie County would result in sitting senators in the same district as well as at least one empty seat.

Rep Zwonitzer moved nesting of House Districts 43 & 12, 44 & 11, 8 & 42, 9 & 41, 7 & 10. He suggested that 7 & 10 are rural, 24 & 12 are both on the south side, 44 & 11 are downtown, 9 & 41 are eastern side of town, 8 & 42 are western hills, Bar X and the Air Force base. He suggested that this nesting would avoid having incumbents running against each other. The motion failed (6 for, 7 opposed).

By telephone Senator Driskill testified that the bigger district going north to south is more of a community of interest than a senate district containing part of Campbell County.

Senator Ross testified that the Laramie senators preferred to keep the nesting in Laramie County as it is.

It was discussed but the committee expressed no interest in renumbering house districts.

With respect to Senators running, the committee discussed how an election could be used to replace senators who are districted out of their district. Another option is requiring an election if two or more sitting senators are in the same district after redistricting but that brings up constitutional issues. Mr. Obrecht suggested that the committee could address the issue of vacancies in the bill or leave the bill silent, which would result in letting the senators serve out their term.

The committee made a motion to allow senators to retain their seats unless there is a vacancy in the district due to redistricting. The sitting senator would retain his or her seat until a new person is sworn in even though they no longer live in the district. The motion was approved (2 opposed).

Majority Floor Leader Ross asked the committee to start the redistricting bill in the house. The committee voted to start the bill in the house.

Insurance bills will also start in House and the rest of the committee bills will start in the Senate.

MEETING ADJOURNMENT There being no further business, Co-Chairman Pete Illoway adjourned the meeting at 3:25 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 9 OF 9

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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 Insurance Summary of 12 LSO 0015.W1 – Insurance- Dept. of Insurance surplus lines.

4 Insurance Amendments to 12 LSO 0015.W1 – Dept. of Insurance Insurance-surplus lines.

5 Insurance 12 LSO 0015.W1 – Insurance-surplus lines Legislative Service Office (as amended)

6 Redistricting Petition from Star Valley Residents Senator Dockstader

7 Redistricting Maps of districts Legislative Service Office

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