FIRST DAY
GENERAL SESSION OF THE SENATE
SIXTY-SECOND STATE LEGISLATURE
January 8, 2013
Senate Chamber
The Senate convened at 12:00 p.m.
Senator Jim D. Anderson announced that the hour, set by Constitution and the statutes of the State of Wyoming, had arrived and asked the Senators and Senators-Elect to be in order.
Cheyenne Central High School presented the colors.
Senator Anderson asked Reverend Veit to give the invocation.
Majority Floor Leader Nicholas moved that Diana Williamson 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, J.D., Anderson J.L., Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Present 30 Excused 0 Absent 0 Conflict 0
Majority Floor Leader Nicholas moved that a committee of four on Credentials be appointed. The motion carried. The following were appointed to serve on the Credentials Committee: Senator Meier, Chairman and Senators Cooper, Nutting and Esquibel.
The Senate recessed subject to the call of the Chair to await the report of the Committee on Credentials.
Senator Anderson asked the Senate to come to order, the chair recognized Senator Meier, chairman of the Credentials Committee.
Senator Meier stated that the 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 62nd Legislature of the State of Wyoming, for a four-year term beginning the first Monday in January, A.D. 2013.
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 Sixty-second Legislature of the State of Wyoming, duly elected at the General Election held on the second Tuesday of November, 2012, 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 Wyoming. Done at Cheyenne, the Capital, this 3rd day of December A.D., 2012.
Max Maxfield
Secretary of State
By: Peggy Nighswonger
Chief Election Officer
STATE SENATORS
Senate District 2 Senator Jim D. Anderson
Senate District 4 Senator Tony Ross
Senate District 6 Senator Wayne Johnson
Senate District 8 Senator Floyd A. Esquibel
Senate District 10 Senator Phil Nicholas
Senate District 12 Senator Bernadine Craft
Senate District 14 Senator Stan Cooper
Senate District 16 Senator Dan Dockstader
Senate District 18 Senator Henry H.R. "Hank" Coe
Senate District 20 Senator Gerald E. Geis
Senate District 22 Senator John C. Schiffer
Senate District 24 Senator Michael Von Flatern
Senate District 26 Senator Eli D. Bebout
Senate District 28 Senator Jim L. Anderson
Senate District 30 Senator Charles K. Scott
Senator Meier moved the report of the Committee on Credentials be adopted and the Committee be discharged. The motion carried.
Majority Floor Leader Nicholas moved that a committee of two be appointed to wait upon the Honorable Chief Justice Kite, and request her presence in the Senate Chamber to administer the Oath of Office to the newly elected Senators. The motion carried. Senators Landen and Rothfuss were appointed.
Senator Anderson asked the Senate to come to order and rise. "Will the newly elected Senators please come forward to be sworn in"? All Senators remain standing as Chief Justice Kite administers the Oath of Office.
Majority Floor Leader Nicholas moved that the Senate proceed with the nomination and election of permanent officers. The motion carried.
Senator Anderson nominated Senator Tony Ross of Senate District 4 for the office of President of the Senate of the 62nd Legislature of Wyoming. Minority Floor Leader Rothfuss seconded the nomination and asked that it be unanimous, dispensing with the roll call. The motion carried.
Senator Anderson: By your vote Senator Tony Ross has been elected President of the Senate.
President Ross took the Oath of Office from Justice Kite.
President Ross then asked for nominations for Vice President. Senator Coe nominated Senator Eli Bebout for Vice President. Senator Rothfuss seconded the motion and asked that it be made unanimous, dispensing with the roll call. The motion carried.
Justice Kite administered the Oath of Office to Senator Bebout. President Ross thanked her for being here today and assisting in opening the 62nd Session of the Legislature.
Senators Landen and Rothfuss escorted the Honorable Chief Justice Kite from the Chamber.
President Ross introduced Majority Floor Leader, Senator Phil Nicholas and Minority Floor Leader Senator Chris Rothfuss.
Senator Nicholas introduced the Cheyenne East High School Chorale, the top performing choir at East, directed by Beth Kean.
President Ross thanked the guests for coming today. We enjoyed hearing the songs, it is a wonderful way to begin our work this session.
Majority Floor Leader Nicholas moved that the following named persons be placed in nomination as employees of the Senate and that they be voted on collectively.
The Reading Clerk, Dick Loseke read the names and their respective pOsitions.
Diana Williamson Chief Clerk
Ellen Thompson Assistant Chief Clerk
Judy Parks Staff Supervisor
Bernice Gerrard Asst. Staff Supervisor
Pat Johnson Journal Clerk
Dick Loseke Reading Clerk
Russell Rose Floor Computer Clerk
Cheryl Brown Leadership Secretary
Roslind Berry Attorneys Secretary
Kathleen Kalasinsky Telephone/Hotline Receptionist
Cathy Ellis Judiciary Secretary
Ron Kisicki Appropriations Secretary
Patricia Joyce Appropriations Secretary
Beth Miller Revenue Secretary
Dick Morrison Education Secretary
Addie Ceballos Agriculture Secretary
Marcia Ziegleman Transportation & Travel Secretary
Georgia George Corporations & Minority Secretary
Sherrie McDowell Minerals Secretary
Naomi McGowen Labor Secretary
Kathryn Heaton Bill Collator
Joanne Cornelison Messenger
Linda Pulse Page
Marti Curl Page
Kaitlyn Carmargo Student Page
Larry Hootman Sergeant-at-Arms
William Kruse Doorman
John Black Doorman
Bel Henrich Watchman
Gene Schaaf Watchman
The motion carried. President Ross welcomed staff members.
Majority Floor Leader Nicholas moved that the permanent Senate and Joint Rules of the 61st Wyoming State Legislature be adopted as the temporary rules of the Senate of the 62nd Wyoming State Legislature.
President Ross called for a vote and announced that by unanimous vote of the Senate the temporary rules for the 62nd Legisalture have been approved.
President Ross announced that the Standing Committee appointments had been made. The Reading Clerk read the Committee memberships.
2013 SENATE STANDING COMMITTEES
1. JUDICIARY 2. APPROPRIATIONS
John Schiffer, Chairman Eli Bebout, Chairman
Bruce Burns Dan Dockstader
Leland Christensen Curt Meier
Larry Hicks Drew Perkins
Floyd Esquibel John Hastert
3. REVENUE 4. EDUCATION
R. Ray Peterson, Chairman Hank Coe, Chairman
Jim L. Anderson Jim D. Anderson
Cale Case Paul Barnard
Fred Emerich Bill Landen
Michael Von Flatern Chris Rothfuss
5. AGRICULTURE, STATE AND PUBLIC 6. TRAVEL, RECREATION, WILDLIFE
LANDS AND WATER RESOURCES AND CULTURAL RESOURCES
Gerald Geis, Chairman Bruce Burns, Chairman
Ogden Driskill Paul Barnard
Fred Emerich Leland Christensen
Larry Hicks Ogden Driskill
Wayne Johnson Bernadine Craft
7. CORPORATIONS, ELECTIONS AND 8. TRANSPORTATION & HIGHWAYS &
POLITICAL SUBDIVISIONS MILITARY AFFAIRS
Cale Case, Chairman Michael Von Flatern, Chairman
John Hines Stan Cooper
Wayne Johnson Bill Landen
Leslie Nutting John Schiffer
Charles Scott Floyd Esquibel
9. MINERALS, BUSINESS & 10. LABOR, HEALTH & SOCIAL
ECONOMIC DEVELOPMENT SERVICES
John Hines, Chairman Charles Scott, Chairman
Jim D. Anderson Jim L. Anderson
Hank Coe Leslie Nutting
Stan Cooper R. Ray Peterson
Chris Rothfuss Bernadine Craft
11. JOURNAL 12. RULES AND PROCEDURES
Jim L. Anderson Tony Ross, Chairman
Bernadine Craft Eli Bebout Phil Nicholas
Bernadine Craft
Chris Rothfuss
President Ross announced that absent objection, the Standing Committees will stand as read and be the committees for the Senate of the 62nd Legislature of Wyoming.
Majority Floor Leader Nicholas moved that the House of Representatives be informed that the Senate of the 62nd Legislature of Wyoming is duly organized and ready to receive any communications they may desire to submit. The motion carried.
President Ross directed the Chief Clerk to inform the House of Representatives that the Senate of the 62nd Legislautre of Wyoming is duly organized and ready to receive any communications they may desire to submit.
Majority Floor Leader Nicholas moved that the Senate inform his Excellency, the Governor, that the Senate of the 62nd Legisalture of Wyoming is duly organized and ready to receive any communications he may desire to submit. The motion carried.
President Ross directed the Chief Clerk to inform his Excellency, the Governor that the Senate of the 62nd Wyoming Legislature of Wyoming is duly organized and ready to receive any communications he may desire to submit.
Majority Floor Leader Nicholas moved that arrangements be made with the House of Representatives to hear the Governor's message tomorrow. The motion carried.
President Ross requested Senators be in their seats in the House Chamber at 9:45 a.m. for the Joint Session which will begin at 10:00 a.m. tomorrow.
FIFTH DAY, MORNING SESSION
JANUARY 14, 2013
Senate Chamber
ROLL CALL
Present: Senator(s) Anderson, J.D., Anderson J.L., Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Present 30 Excused 0 Absent 0 Conflict 0
The prayer was offered by Pastor Roger Whitmore.
Majority Floor Leader Nicholas moved that the Senate Rules and the Joint Rules previously adopted as the Temporary Rules of the Senate of the 62nd Legislature be adopted, together with any amendments approved by the Senate, as the Permanent Rules of the Senate of the 62nd Legislature.
SR0001/ADOPTED
Amend Senate Rule 4-1 [or Rule 3-5 if renumbered] as follows:
4-1 The following shall be the usual order of business, however the order may be changed as necessary for the efficient management of business:
a. Roll call
b. Prayer by the chaplain
c. Journal
d. Confirmation of appointments, if any
e. Messages from the governor and/or house
f. Unfinished business
g. Introduction, reading and reference of bills
h. House bills on first reading
i. Reports from standing committees
j. Reports from select committees
k. Bills on second reading
l. Bills on third reading and final passage
m. Consideration of bills on general file
n. Signing of enrolled acts
o. Action on administrative rule orders
p. Special orders and committee announcements
q. Recess/Adjournment
ROSS, CHAIRMAN
RULES AND PROCEDURES COMMITTEE
SR0002/ADOPTED
Amend Senate Rule 11-3(a) [or Rule 6-3(a) if renumbered] as follows:
COMMITTEE OF THE WHOLE PROCEDURE
11-3 After a bill and its Standing Committee Report have been read at length to the Committee of the Whole, or until a motion to dispense with further reading of the bill is carried, it shall be in order for the Standing Committee Chairman:
(a) To move the committee recommendation on the bill and then any Standing Committee Amendments. He shall move for the adoption of these amendments and explain the same. He may yield the floor to others who may offer further explanations, questions, or he may move:
(1) to recommend "Do Pass"
(2) to recommend to postpone to a certain date or indefinitely; which shall take precedence in the order stated.
ROSS, CHAIRMAN
RULES AND PROCEDURES COMMITTEE
SR0003/ADOPTED
Amend Senate Rule 17-1 [or Rule 1-2 if renumbered] as follows:
17. PARLIAMENTARY PRACTICE
17-1 The rules of parliamentary practice comprised in Mason's "Manual of Legislative Procedure" published by the National Conference of State Legislatures in 2000 2010 shall govern the Senate in all cases to which they are not inconsistent with the rules and orders of the Senate and joint rules and orders of the Senate and House of Representatives.
ROSS, CHAIRMAN
RULES AND PROCEDURES COMMITTEE
SR0004/ADOPTED/
Amend Senate Rule 18-8(a) [or Rule 12-10(a) if renumbered] as follows:
RECONSIDERATION OF THE VOTE
18-8 (a) When a motion has been made and carried or failed, it shall be in order for any member who voted with the prevailing side to move for reconsideration of the vote thereof and such motion shall take precedence over all other questions except the motion to adjourn. The motion may be made on the same day or on the next succeeding day, providing it is made before the bill leaves the possession of the Senate. A motion to reconsider a vote in committee of the whole is in order only if made prior to adoption of the committee of the whole report.
ROSS, CHAIRMAN
RULES AND PROCEDURES COMMITTEE
SR0005/ADOPTED
Delete Senate Rule 26-1 [or the rule renumbered as Senate Rule 8-1(b), if applicable] and renumber as necessary:
26-1 When the Senate is in session no member shall speak more than twice on the same question on the same day without leave of the Senate.
ROSS, CHAIRMAN
RULES AND PROCEDURES COMMITTEE
SR0006/ADOPTED
Renumber the Temporary Rules of the Senate as provided in the attached "Table of Disposition of Senate Rules".
ROSS, CHAIRMAN
RULES AND PROCEDURES COMMITTEE
Senate Rule2011-2012 / Senate Rule
2013-2014 /
1-1 / 3-1
2-1 / 2-1
3-1 / 3-2
4-1 / 3-5
5-1 / 3-3
5-2 / 3-4
6-1 / 2-2
6-2 / 2-3
6-3 / 2-4
6-4 / 15-3
7-1 / 2-6
7-2 / 2-7
7-3(a)–(c) / 5-4
7-3(d) / 5-1
7-4 / 5-5
7-5 / 2-8
7-6 / 2-9
7-7 / 14-1
7-8 / 5-3
8-1 / 4-2
8-2 / 8-8
8-3 Reserved / None
8-4 / 7-1
8-5 / 1-1(a)
9-1 1st Sentence / 4-1
9-1 2nd Sentence / 1-1(b)
9-2 / 4-5
9-3 / 4-6
9-4 / 4-8
9-5 / 4-3
10-1 / 7-2
10-2 / 4-7
10-3 / 5-2
10-4(a) First 2 Sentences / 11-1
10-4(a) Last Sentence / 7-3
10-4(b) / 11-2
10-4(c) / 11-3
11-1 / 6-1
11-2 / 6-2
11-3 / 6-3
11-4 / 6-4
11-5 / 6-5
11-6 / 6-6
12-1 / 7-4
12-2 / 7-5
12-3 / 7-6
13-1 / 7-8
13-2 / 7-9
13-3 / 7-10
13-4 / 8-2
13-5 / 7-11
13-6 / 12-5
14-1 / 12-1(a)&(b)
14-2 / 12-1(c)
14-3 / 12-3
14-4 / 12-4
14-5 / 12-6
14-6 / 12-1(d)
14-7 / 12-2(a)
15-1 / 8-1(a)
15-2 / 8-5
15-3 / 9-1
16-1 / 8-3
16-2 / 8-4
16-3 / 8-9
16-4 / 8-7
16-5(a) / 12-7
16-5(b) / 9-3
17-1 / 1-2
17-2 / 11-4
17-3 / 1-3
17-4 / 2-5
17-5 / 8-6
18-1 / 10-1
18-2 / 10-2
18-3 / 10-4
18-4 / 10-5
18-5 / 10-6
18-6 / 12-8
18-7 / 10-7
18-8 / 12-10
18-9 / 12-12
18-10 / 12-9
18-11 / 10-3
18-12 / 12-11
19-1 / 14-3
19-2 / 14-5
19-3 / 14-2
20-1 / 14-6
21-1 / 15-1
21-2 / 15-2
21-3 / 9-2
21-4 / 15-4
21-5 / 15-5
21-6 / 14-4
22-1 / 7-7
23-1 / 12-2(b)
23-2 / 15-6
24-1 / 13-1
24-2(a)&(b) / 13-2
24-2(c) / 13-3
24-3 / 13-4
24-4 / 13-5
25-1 / 16-1(a)
25-2 / 16-1(b)
25-3 / 16-1(c)
26-1 / 8-1(b)
26-2 / 8-1(c)
27-1 / 10-8
28-1 / 4-4
Majority Floor Leader Nicholas moved the roll call vote to adopt the Temporary rules, as amended, as the Permanent rules of the 62nd Legislature