General Session of the Senate

FIRST DAY

GENERAL SESSION OF THE SENATE

FIFTY-NINTH STATE LEGISLATURE

JANUARY 9, 2007

Senate Chamber

The Senate convened at 12:00 p.m.

President Pro Tem, Senator Larson announced that the hour set by the Constitution and the Statutes for the convening of the Legislature of Wyoming had arrived and asked the Senators and Senators-Elect to be in order.

Cheyenne Central High School ROTC presented the colors.

Senator Larson invited Father Cronkleton to give the invocation.

Majority Floor Leader, Senator Hines, moved that Diane Harvey be appointed temporary Chief Clerk of the Senate. The motion carried. The Chief Clerk called the roll of the Senate.

ROLL CALL

Present: Senator(s) Anderson, Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Peck, Perkins, Peterson, Ross, Scott, Sessions, Townsend, Vasey, Von Flatern, Schiffer, President

Present 30 Excused 0 Absent 0 Conflict

Majority Floor Leader, Senator Hines, moved that a Committee of four on Credentials be appointed. The motion carried. The following were appointed to serve on the Credentials Committee: Senator Ross Chairman and Senators Jennings, Job and Mockler.

The Senate recessed subject to the call of the Chair to await the report of the Committee on Credentials.

Senator Larson asked the Senate to come to order, the chair recognizes Senator Ross, chairman of the Credentials Committee.

Senator Larson, your committee on Credentials respectfully reports back that the following named persons shown by the Certificate from the Secretary of State are duly elected members of the Senate of the 59th Legislature of the State of Wyoming, for a four-year term beginning the first Monday in January, A.D. 2007.

Reading Clerk Dick Loseke read the names of the newly elected Senators:

Senate District 1Senator C.L. "Chuck" Townsend

Senate District 3Senator Curt Meier

Senate District 5 Senator Robert Fecht

Senate District 7Senator Kathryn Sessions

Senate District 9Senator Mike Massie

Senate District 11Senator Bill Vasey

Senate District 13Senator John Hastert

Senate District 15Senator Ken Decaria

Senate District 17Senator Grant Larson

Senate District 19Senator Ray Peterson

Senate District 21Senator Bruce Burns

Senate District 23Senator John Hines

Senate District 25Senator Cale Case

Senate District 27Senator John Barrasso

Senate District 29Senator Drew Perkins

STATE OF WYOMING

OFFICE OF THE

SECRETARY OF STATE

I, Max Maxfield, Secretary of the State of Wyoming, do hereby certify that the attached is a full, true and correct list of the members of the Fifty-Ninth Legislature of the State of Wyoming, duly elected at the General Election held on the second day of November, 2006 according to the Certificates of the State Canvassing Board as filed in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Wyoming, Done at Cheyenne, The Capital, this 4th Day of January A.D., 2007.

Max Maxfield

Secretary of State

Senator Ross moved the report of the Committee on Credentials be adopted and the Committee be discharged. The motion carried.

Majority Floor Leader Hines moved that a committee of two be appointed to wait upon the Honorable Chief Justice Voigt, and request his presence in the Senate Chamber to administer the Oath of Office to the newly elected Senators. The motion carried.

The Senate will be at ease subject to the call of the Chair to await the arrival of the Chief Justice.

Senator Larson asks the Senate come to order and rise. "Will the newly elected Senators please come forward to be sworn in?" All Senators remain standing as Chief Justice Voigt administers the Oath of Office.

Senator Larson asks Chief Justice Voigt, to have a seat while we elect the officers of this body

Majority Floor Leader Hines moved that the Senate proceed with the nomination and election of permanent officers.

The motion carried. The election of the permanent officers of the Senate will be the next order of business.

Senator Geis nominated Senator John Schiffer of Senate District 22 for the office of President of the Senate. Minority Floor Leader Decaria, seconded the motion and moved that his election be made unanimous, dispensing with the roll call.

By your vote, Senator John Schiffer has been elected President of the Senate.

President Schiffer takes the Oath of Office from the Chief Justice.

President Schiffer asked for motions for the nomination of Vice President. Senator Barrasso nominated Senator Jim Anderson for Vice President. Senator Decaria seconded and asked it be unanimous, dispensing with the roll call.

Chief Justice Voigt administers the Oath.

President Schiffer introduced the Majority Floor Leader, Senator John Hines and Minority Floor Leader Senator Ken Decaria.

Majority Floor Leader Hines moved the following named persons be placed in nomination as employees of the Senate and they be voted on collectively.

The Reading Clerk, Dick Loseke read the names and their respective positions.

Diane HarveyChief Clerk

Diana WilliamsonAssistant Chief Clerk

Judy ParksStaff Supervisor

Bernice GerrardAssistant Staff Supervisor

Pat JohnsonJournal Clerk

Dick LosekeReading Clerk

Mike BrownFloor Computer Clerk

Sandy KiddSecretary to President

Vanda EdingtonSecretary to Min. Floor Leader

Susan BroylesSecretary to Attorneys

Larry HootmanTelephone Receptionist

Cathy EllisJudiciary Secretary

Shirley BishopAppropriations Secretary

Betty RiedlEducation Secretary

Connie FaassAgriculture Secretary

Aggie DerbyRevenue Secretary

Joan HumphreyMinerals Secretary

Marcia ZieglemanTransportation and Travel Sec.

Charlene StarrsCorporations Secretary

Karen LescoLabor Secretary

Kathryn HeatonBill Collator/Mail Clerk

Pat VielhakHotline Receptionist

Marjorie GookinHotline Receptionist

Judy YokshMessenger

Helen CroissantPage

Joan ValdezPage

Biranna StraubStudent Page

Father Thomas CronkeltonChaplain

Joel ScheutzSergeant-at-Arms

William KruseDoorman

Foy Jolley, Jr.Doorman

Maurice OestereichWatchman

Don MorganWatchman

Wayne FlygstadWeekend Watchman

The motion carried.

President Schiffer asked Chief Justice Voigt to administer the Oath of Office to our employees, then thanked him for being here and helping start the 59th Session of the Legislature. Senators Coe and Job escorted His Honor the Chief Justice from the Chamber.

Majority Floor Leader Hines moved that the permanent Senate and Joint Rules of the 58th Legislature of the State of Wyoming be adopted as the Temporary Rules of the Senate of the 59th Legislature of the State of Wyoming.

President Schiffer called for a vote and announced that by unanimous vote of the Senate, the temporary rules for the Fifty-Ninth Legislature have been adopted.

President Schiffer then announced that the Standing Committee appointments had been made. The Reading Clerk read the Committee memberships.

2007 SENATE STANDING COMMITTEES

1.JUDICIARY2.APPROPRIATIONS

Tony Ross, ChairmanPhil Nicholas, Chairman

Bruce BurnsRae Lynn Job

Ken DecariaCurt Meier

Drew PerkinsRay Peterson

Kathryn SessionsChuck Townsend

3.REVENUE4.EDUCATION

Robert A. Peck, ChairmanHank Coe, Chairman

Cale CaseKit Jennings

Kit JenningsMike Massie

Jayne MocklerBob Peck

Tony RossMichael Von Flatern

5.AGRICULTURE, PUBLICLANDS6.TRAVEL,RECREATION,WILDLIFE WATER RESOURCES CULTURAL RESOURCES

Gerald E. Geis, ChairmanBruce Burns, Chairman

Stan CooperPat Aullman

Wayne JohnsonHank Coe

Drew PerkinsMike Massie

Bill VaseyJayne Mockler

7.CORPORATIONS, ELECTIONS &8. TRANSPORTATION & HIGHWAYS &

POLITICAL SUBDIVISIONSMILITARY AFFAIRS

Cale Case, ChairmanJohn Barrasso, Chairman

Stan CooperGerald Geis

Ken DecariaJohn Hastert

Grant LarsonWayne Johnson

Charles ScottMichael Von Flatern

9.MINERALS, BUSINESS &10.LABOR, HEALTH & SOCIAL

ECONOMIC DEVELOPMENTSERVICES

Grant Larson, ChairmanCharles K. Scott, Chairman

Bruce BurnsPat Aullman

Stan CooperJohn Barrasso

Robert FechtBob Fecht

Bill VaseyJohn Hastert

11.JOURNAL12.RULES & PROCEDURE

John HastertJohn Schiffer, Chairman

Drew PerkinsJim Anderson

Ken Decaria

John Hines

Jane Mockler

President Schiffer announced that the Standing Committees will stand as just read and be the Committees for the Senate, Fifty-Ninth Legislature of Wyoming.

Majority Floor Leader, Senator Hines, moved that the House of Representatives be informed that the Senate of the Fifty-Ninth Legislature of Wyoming is duly organized and ready to receive any communications they may desire to submit. The motion carried.

President Schiffer directed Chief Clerk Diane Harvey to inform the House of Representatives that the Senate of the Fifty-Ninth Legislature of Wyoming is duly organized and ready to receive any communications they may desire to submit.

Majority Floor Leader, Senator Hines, moved that the Senate inform his Excellency, the Governor, that the Senate of the Fifty-Ninth Legislature of Wyoming is duly organized and ready to receive any communications he may desire to submit. The motion carried.

President Schiffer directed Chief Clerk Harvey to inform his Excellency, the Governor, that the Senate of the Fifty-Ninth Legislature is duly organized and ready to receive any communications he may desire to submit.

Majority Floor Leader Hines moved that arrangements be made with the House of Representatives to hear the Governor's message tomorrow.

The motion carried. President Schiffer stated he would meet with the Speaker of the House of Representatives to make arrangements for the Joint Address by the Governor.

ADJOURNMENT

President Larson requested Senators be in their seats in the House Chambers at 9:45 a.m. for the Joint Session which will begin at 10:00 a.m. tomorrow.

Diane Harvey

Senate Chief Clerk

SECOND DAY, AFTERNOON SESSION

JANUARY 10, 2007

A Joint Session of the Fifty-Ninth Legislature was held in the House at 10:00 a.m. to hear the Governor's State of the State Address.

Senate Chambers

The Senate convened at 2:03 p.m., called to order by President Schiffer.

ROLL CALL

Present 30 Excused 0 Absent 0

The Journal Committee reported that the Journal of Tuesday, January 9, 2007 has been read and recommended that it be approved.

Drew Perkins, Chairman

THIRD DAY, MORNING SESSION

JANUARY 11, 2007

The Senate convened at 10:02 a.m., called to order by President Schiffer.

ROLL CALL

Present 30 Excused 0 Absent 0

The prayer was offered by Father Tom Cronkelton.

President Schiffer requested that we take a moment out of our schedule to recognize the contributions of the residents of Wyoming who are so bravely serving our country in the armed forces and to acknowledge the contributions of the volunteer service organizations that support the Wyoming National Guard.

Joining us today is Major General Ed Wright, the Adjutant General of the Wyoming Military Department. Major General Wright will introduce our distinguished guests, who provide much needed support to the members of Wyoming's National Guard.

President Schiffer thanked Major General Wright, for taking the time today to introduce these volunteers, who are an integral part of the success of the Guard. We thank you all for your support of our fellow Wyomingites serving in harms way. The services that you provide to members of the Guard and their families, are priceless.

Today we are honoring veterans at the Wyoming Legislature and we are joined by veterans from around the state in our gallery. Today and everyday, we need to take time to remember all of the members of the armed services from Wyoming and around the country who are currently deployed throughout the world. We offer prayers for their safe return to their family and friends. Thank you.

President Schiffer announced that joining us today is David Romtvedt, Wyoming's very own Poet Laureate. David brings to this position a passionate love of Wyoming and its people.

Mr. Romtvedt lives in Buffalo and is the author of several books of poetry and prose, including "A Flower Whose Name I Do Not Know," which won the National Poetry Series Award in 1991.

Mr. Romtvedt has won creative writing fellowships from the National Endowment for the Arts and the Wyoming Arts Council. He currently teaches in the University of Wyoming's creative writing program.

We are pleased to have Mr. Romtvedt here this afternoon as our guest and have invited him to recite one of his poems.

Mr. Romtvedt recited his poem. President Schiffer thanked him for joining us and reminding us of the importance of the arts in our culture to replenish our souls, and inspire our thinking, as we deliberate on the issues of vital importance to this state.

The Senate adjourned at 2:24 p.m.

FOURTH DAY, MORNING SESSION

JANUARY 17, 2005

Senate Chambers

The Senate convened at 10:00 a.m. called to order by President Schiffer.

ROLL CALL

Present 30 Excused 0 Absent 0

Majority Floor Leader Hines moved discussion of amendments to the Temporary Joint Rules.

JR0001/A

Amend Joint Rule 2-2 and 2-3 as follows:

PROCEDURES

2-2(a)Such conference committees shall meet at a convenient hour to be agreed upon by their respective chairmen and shall confer upon the differences between the two houses. As soon as possible, the respective houses shall move for the adoption of the Joint Conference Committee report. Adoption of the report must be by vote of a majority of the elected members of each house unless a greater majority is required to pass a measure such as is the case with constitutional resolutions.

(b) No Conference Committee shall meet to consider any bill referred to it unless notice of the date, time and place of the meeting and the bill to be considered has been announced in open session on the floor of the House and Senate no later than adjournment on the day the meeting is to be held. This section does not apply to:

(i)Continued consideration of a bill by a Conference Committee after the Committee has begun consideration at a meeting for which notice was provided in compliance with this section so long as the date, time and place of the continuation of the meeting is announced by the chairman;

(ii)Conference Committee meetings held on the day scheduled by the officers of the House and Senate to be the last day of the session.

REPORT

2-3(a)Report of a conference committee shall be made with two original copies. A majority of the conferees from each house are to sign both copies in the proper places with the chairman from each house signing the top line of their sections. The chairman from the house of the bill's origin shall deliver the two (2) signed copies to his Chief Clerk for processing and approval as to form. The house of origin shall consider the report first. [Ref: Mason's § 771]

(b)An objection that a first conference committee has not confined itself to the scope of its authority to propose amendments pursuant to Joint Rule 2-1(b), or that a conference committee failed to provide notice of a meeting as required by Joint Rule 2-2(b), shall be made from the floor prior to the vote on the report, and if not made at that time is not in order at a later time.

Senator Scott requested a Roll Call vote.

ROLL CALL

Ayes: Senator(s) Anderson, Aullman, Barrasso, Burns, Case, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Scott, Sessions, Townsend, Vasey, Von Flatern, and President Schiffer.

Excused: Senator(s) Coe and Peck

Ayes 28 Nays 0 Excused 2 Absent 0

JR0002/A

Amend Joint Rule 14-1 as follows:

14. BUDGET BILLS

14-1(b)(1)During committee of the whole, second reading or third reading of a mirror budget bill, each section of the bill or portion of a section, including any amendments to that section or portion of a section, shall be considered only once during that reading even though that reading may be extended beyond one (1) day. For the purpose of this subsection, a section of the bill means a separately numbered section dealing with an agency's budget or a complete, separate numbered section, such as a "Section 200". A portion of a section means a separately listed line item within that section. The sequence in which the sections of the budget bills are considered shall be the same for both houses.

(2) Following introduction in the first house, the mirror budget bill shall be referred to the committee of the whole.

(3) Notwithstanding Senate Rule 13-1 and House Rule 12-1, third reading of a mirror budget bill in the first house shall be conducted on the second legislative working day following the day second reading is completed.

14-1(m)Amendments to Mirror Budget Bills.

(1)It shall be out of order to propose an amendment to a mirror budget bill during committee of the whole consideration in the first house.

(2)Except as provided in Joint Rule 14-1(m)(3), no amendment shall be considered on second or third reading of a mirror budget bill in the first house unless the amendment has been submitted to the legislative staff for preparation not later than 5:00 p.m. on the legislative working day preceding the day of the reading.

(3) Only the following amendments shall be submitted to the legislative staff for preparation on the day third reading of a mirror budget bill is to begin in the first house:

(a)Amendments to correct errors in previously adopted amendments; and

(b) Amendments sponsored by the chairman of the standing appropriations committee or his designee.

Senator Hines requested a Roll Call vote.

ROLL CALL

Ayes: Senator(s) Anderson, Aullman, Barrasso, Burns, Cooper, Fecht, Hines, Jennings, Job, Larson, Meier, Nicholas, Perkins, Peterson, Ross, Scott, Townsend, Von Flatern, and President Schiffer.