The 2021 Wyoming Legislative Session, Part II

February 10, 2021

Governor Gordon signed the first crop of 2021 bills yesterday, so this is a good place to start a new thread.

Governor Mark Gordon Signs 20 Bills on Tuesday February 9

 

CHEYENNE, Wyo. – Governor Mark Gordon signed 20 bills into law on Tuesday, February 9. He has now taken action on all legislation passed by the Wyoming Legislature during the eight-day virtual session. 

The Governor signed the following bills into law today:

 

Bill No.	Enrolled Act #	Bill Title
HB0008	HEA0006	Consumer credit amendments
HB0018	HEA0007	Military training memorials
HB0025	HEA0008	Tribal vehicle registration exemption implementation
HB0035	HEA0009	Theft statute-amendment
HB0045	HEA0010	Changes to water right - notice requirements for hearing
HB0030	HEA0013	Public utility assessment
HB0009	HEA0015	Short time compensation program
HB0027	HEA0016	Business code revisions
HB0013	HEA0017	Alcoholic beverage regulation
HB0015	HEA0018	Department of transportation communication facilities
HJ0001	HEJR0001	Traumatic brain injury and post traumatic stress treatments
SF0057	SEA0005	School finance-dates for fund transfers
SF0014	SEA0007	Credit for reinsurance
SF0032	SEA0008	Water permit notice requirements
SF0060	SEA0009	Monthly ad valorem tax revisions-2
SF0029	SEA0010	Revised uniform law on notarial acts
SF0054	SEA0011	Statewide health information exchange-codification
SF0026	SEA0012	Animal abuse statutes reorganization and update
SF0018	SEA0013	Universal occupational licensure
SF0053	SEA0014	Ground ambulance service provider assessment act

What of those bills?

Well, a lot probably don't draw that much attention, but some will.  The one that will draw the most notice is the change in liquor laws, which is the third major overhaul in as many years.  Home delivery by full license holders will now be allowed.

The Military Training Memorials bill is interesting in that it allows for memorials to military members who died in training accidents.  It's text provides:

ORIGINAL HOUSE 

BILL NO. HB0018

 

ENROLLED ACT NO. 7,  HOUSE OF REPRESENTATIVES

 

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2021 GENERAL SESSION

 

 

 

 

AN ACT relating to honoring military members; authorizing the creation of memorials to military members who died in training accidents in Wyoming; authorizing expenditure of nonstate funds; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  The department of state parks and cultural resources in cooperation with the Wyoming military department and appropriate nongovernmental organizations, may design and create memorials to honor United States military personnel who died in military training accidents in Wyoming during United States involvement in overseas wars and conflicts. The department shall consult with the Wyoming department of transportation to identify the placement of the memorials in appropriate locations accessible to the public along public roads, highways or parking areas to honor the known crash sites located at Shirley Basin, Edgerton and Bomber Peak. The adjutant general of the Wyoming national guard shall approve the design of each memorial prior to the creation of the memorial. The department may accept donations of private funds or funds from other nonstate entities for the design and placement of memorials under this section and shall not use state funds for purposes of this section.

 

Section 2.  This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

 

(END)

This is an interesting bill and I think a good idea.  Those who died in training in the service, died in the service of their country.

In contrast, SF00018, which allows for temporary licensure for military spouses in licensed professions, is a bad idea.

Accommodating the spouses of service members makes sense, but Wyoming has been working on eroding the protection to the citizenry that holding a license means already.  This is one more step to licenses meaning absolutely nothing.  There's no reason to believe that because a professional is married to a service member, they're automatically competent in their profession.

February 23, 2021

A bill has been introduced to cap the amount that taxes on real property can be raised in a single year.

2021

STATE OF WYOMING

21LSO-0187

 

 

 

HOUSE BILL NO. HB0099

 

 

Property tax increase limit-2.

 

Sponsored by: Representative(s) Gray, Baker, Bear, Blackburn, Duncan, Hallinan, Jennings, Sweeney and Washut and Senator(s) Biteman, Driskill and Salazar

 

 

A BILL

 

for

 

AN ACT related to ad valorem taxation; limiting the maximum taxable value increase for purposes of property taxes as specified; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 39‑11‑101(a)(xvii)(C) and 39‑13‑103(b)(iii)(C) and by creating a new paragraph (xviii) are amended to read:

 

39‑11‑101.  Definitions.

 

(a)  As used in this act unless otherwise specifically provided:

 

(xvii)  "Taxable value" means a percent of the fair market value of property in a particular class as follows:

 

(C)  All other property, real and personal, including property valued and assessed under W.S. 39‑13‑102(m)(vi) and (ix), nine and one‑half percent (9.5%), subject to the limitation imposed by W.S. 39‑13‑103(b)(xviii).

 

39‑13‑103.  Imposition.

 

(b)  Basis of tax.  The following shall apply:

 

(iii)  Beginning January 1, 1989, "taxable value" means a percent of the fair market value of property in a particular class as follows:

 

(C)  All other property, real and personal, nine and one‑half percent (9.5%), subject to the limitation imposed by paragraph (xviii) of this subsection.

 

(xviii)  To secure a just valuation for taxation of property as required by the Wyoming constitution, the taxable value of any property in the all other property class, real and personal, identified in paragraph (a)(iii) of article 15, section 11 of the Wyoming constitution, shall not increase in any one (1) year by more than three percent (3%) from the taxable value of the property determined in the prior year, not including any taxable value increase attributable to changes, additions, reductions or improvements to the property made in the prior year.

 

Section 2.  This act is effective January 1, 2022.

 

(END)

1

HB0099

The bill had a wide spectrum of introductory support, and it arose due to concerns in Natrona County about big spikes in taxation that occurred last year.

February 24, 2021

A bill proposed to raise the gasoline tax by $.09.

A bill to remove the tax exemption for data centers failed.

February 25, 2021

A bill to require photo ID's at the polls passed out of committee by a large majority and appears likely to pass this year.  It's been in front of the legislature several times before and had previously failed.

February 26, 2021

Senate File 34, a version of which passed last year but was vetoed by the Governor, has passed out of committee.  It reads:

SENATE FILE NO. SF0034

 

 

Born alive infant-means of care.

 

Sponsored by: Senator(s) Steinmetz, Biteman, Boner, Dockstader, Hutchings and Kinskey and Representative(s) Flitner, Gray, Haroldson, Jennings, Neiman, Ottman, Rodriguez-Williams, Romero-Martinez and Wilson

 

 

A BILL

 

for

 

AN ACT relating to public health and safety; requiring the commonly accepted means of care to be employed in the treatment of any infant born alive; imposing duties on physicians performing abortions; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 35‑6‑104 is amended to read:

 

35‑6‑104.  Means of treatment for viable abortion.

 

The commonly accepted means of care that would be rendered to any other infant born alive shall be employed in the treatment of any viable infant aborted alive. with any chance of survival Any physician performing an abortion shall take medically appropriate and reasonable steps to preserve the life and health of an infant born alive.

 

Section 2.  This act is effective July 1, 2021.

 

(END)

Senate File 83 passed out of committee, it reads:

2021

STATE OF WYOMING

21LSO-0513

 

 

 

SENATE FILE NO. SF0083

 

 

Gillette college community college district.

 

Sponsored by: Senator(s) Wasserburger and Driskill and Representative(s) Barlow and Harshman

 

 

A BILL

 

for

 

AN ACT relating to community college districts; approving the formation of the Gillette college community college district; providing legislative findings; specifying applicability of state benefits to employees of the college district; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  

 

(a)  The legislature finds that:

 

(i)  The Campbell county commissioners submitted an application to the Wyoming community college commission dated August 31, 2020 requesting the formation of a community college district in Campbell county to be known as the Gillette college community college district;

 

(ii)  After receiving the application, the Wyoming community college commission caused a survey to be conducted on the proposed community college district that met the requirements of W.S. 21-18-312; and

 

(iii)  On November 20, 2020, the Wyoming community college commission approved the application for the formation of a community college district in Campbell County and provided its survey findings and recommendations to the legislature.

 

(b)  As authorized by W.S. 21-18-312, the legislature approves the formation of the Gillette college community college district.  In accordance with W.S. 21-18-312, the county clerk of Campbell county shall conduct an election on the question of formation of the Gillette college community college district which shall carry upon a majority of all votes cast within the proposed community college district.

 

(c)  If the formation of the Gillette college community college district is approved by the electors in accordance with W.S. 21-18-312, any staff currently employed by the Northern Wyoming community college district at the Gillette college campus shall be designated employees of the Gillette college community college district. Any employee of the Gillette college community college district shall receive state benefits as provided by law, including health insurance and retirement.

 

Section 2.  This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

 

(END)

March 1, 2021

A newly introduced bill would require the PSC to consider the impact upon the electrical grid before allowing a coal or natural gas fired power plant to close.

HOUSE BILL NO. HB0155

 

 

Electric generation-reliability and liability.

 

Sponsored by: Representative(s) Gray, Bear, Jennings and Zwonitzer and Senator(s) Biteman and Perkins

 

 

A BILL

 

for

 

AN ACT relating to public utilities; requiring consideration of reliability factors before approving the closure of an electric generation facility; imposing liability on public utilities for failing to provide reliable service as a result of a transition to other sources of energy; limiting recovery of costs for liability as specified; amending definitions; specifying applicability; making conforming amendments; requiring rulemaking; and providing for effective dates.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 37‑2‑134 and 37‑3‑118 are created to read:

 

37‑2‑134.  Matters to be considered in electric generation facility closures.

 

(a)  As used in this section:

 

(i)  "Dispatchable" means a source of electricity that is available for use on demand and that can be dispatched upon request of a power grid operator or that can have its power output adjusted, according to market needs;

 

(ii)  "Electric generation facility" means a facility located in Wyoming that uses coal or natural gas to generate electricity for provision to customers;

 

(iii)  "Reliable" or "reliability" means generated electricity that is not subject to intermittent availability.

 

(b)  Before authorizing or approving the closure of an electric generation facility as proposed in a rate case, integrated resource plan or other submission to the commission, the commission shall consider the effect on available reliable, dispatchable electricity to Wyoming customers and on a nationwide basis.

 

37‑3‑118.  Liability for damages due to unreliable service; exceptions; limitation for recovery of costs.

 

(a)  As used in this section:

 

(i)  "Baseload electricity" means electricity produced by a public utility at a generating facility that is designed and intended to operate continuously to provide reliable and dispatchable electricity;

 

(ii)  "Dispatchable" or "dispatchability" means electricity that is generated and is available for use on demand and that can be dispatched upon request of a power grid operator or that can have its power output adjusted, according to market needs;

 

(iii)  "Power outage" means a failure in or an interruption of the supply of electricity causing a temporary cessation in the supply of power;

 

(iv)  "Reliable" means generated electricity that is not subject to intermittent availability.

 

(b)  A public utility that provides electricity shall be liable to all affected persons for all loss, damage and injury occurring during a power outage that results from:

 

(i)  An insufficient amount or availability of baseload electricity that is reliable and dispatchable; and

 

(ii)  The public utility's transition to non‑dispatchable sources of electricity or to sources of electricity that provide only limited dispatchability.

 

(c)  An action to recover any loss, damage or injury under subsection (b) of this section may be brought in any district court in this state by any person.

 

(d)  Notwithstanding subsection (b) of this section, no electric public utility shall be liable for a power outage that results from an event as specified in W.S. 1‑1‑140.

 

(e)  The commission shall not approve any tariff or rate case that includes any limitation of an electric public utility's liability for any loss, injury or damage resulting from a power outage that results from an insufficient amount or availability of baseload electricity that is not reliable and dispatchable.

 

(f)  Notwithstanding any other provision of this chapter, the rates charged by an electric public utility shall not include any:

 

(i)  Recovery of any damages paid out or litigation costs incurred because of damages occurring as a result of an electric public utility's liability specified in subsection (b) of this section;

 

(ii)  Recovery of or earnings on any funds set aside to pay future damages or litigation costs or funds that are used to purchase insurance for covering damages occurring as a result of an electric public utility's liability specified in subsection (b) of this section.

 

(g)  The provisions of this section shall not apply to any public utility that is owned or operated by a municipality that provides electricity to consumers.

 

Section 2.  W.S. 37‑1‑101(a)(vi) by creating a new subparagraph (O) and 37‑2‑122(a) are amended to read:

 

37‑1‑101.  Definitions.

 

(a)  As used in chapters 1, 2, 3, 12, 17 and 18 of this title:

 

(vi)  "Public utility" means and includes every person that owns, operates, leases, controls or has power to operate, lease or control:

 

(O)  The provisions of W.S. 37‑3‑118 shall not apply to any public utility that is owned or operated by a municipality that provides electricity to consumers.

 

37‑2‑122.  Matters considered in fixing rates; order changing services or facilities; qualifying facilities contracts.

 

(a)  In determining what are just and reasonable rates the commission may take into consideration availability or reliability of service, depreciation of plant, technological obsolescence of equipment, expense of operation, physical and other values of the plant, system, business and properties of the public utility whose rates are under consideration. In determining just and reasonable rates for electricity the commission shall consider common sets of facts developed pursuant to W.S. 37‑2‑114(b)(i) and regional benefits provided by the utility and shall comply with the provisions of W.S. 37‑2‑134 and 37‑3‑118.

 

Section 3.  Nothing in this act shall be construed to impair or amend any tariff of an electric public utility that exists or is in effect on or before the effective date of this section.

 

Section 4.  The public service commission shall promulgate all rules necessary to implement the provisions of this act.

 

Section 5.  

 

(a) Except as provided by subsection (b) of this section, this act is effective July 1, 2021.

 

(b) Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

 

(END)

The bill comes up in the context of the recent Texas power failures, which are much more complicated than that, as well as a series of coal fired power plant closures in the Powder River Basin and elsewhere which some legislators have objected to.

March 2, 2021

A bill designed to prevent journalist from being sued to reveal the names of their sources advanced in the legislature.

Related Threads:  

The 2021 Wyoming Legislature, Part 1