January 10, 2023
The 2023 legislature convenes today. This will be the most right wing legislature, by far, in Wyoming's history. Indeed, some members are so far to the right that the GOP is in reality effectively two political parties.
January 11, 2023
A vast number of new bills were introduced on the first day of the 23 Legislature, and apparently numerous more are coming. There'rs a real risk, quite frankly, of a log jam being the defining feature of this session as a result.
New Wyoming Secretary of State Chuck Gray took a break from a busy day of filing UCC filings and analyzing corporate formations, presumably, to set out his priorities for a legislature he is no longer in. These included:
- Banning cross over voting, which UW says isn't a problem, and probably definitely isn't as if it were he and wouldn't be in office and Cheney would be, assuming that he doesn't mean crossing over from another state and going right into politics. . . which I'm sure he doesn't; and
- Banning what he calls "Zuckerbucks", or the private financing of government election offices, thereby joining Harriet Hageman in the fantasy that opposition to her election was somehow tied to Mark Zuckerberg; and
- Clarifying voter ID, even though his bill requiring people to present ID at the polls already passed. A bill allowing people to use their concealed carry permits is presently in the legislature.
- Banning voter harvesting.
M'eh.
2023STATE OF WYOMING23LSO-0271HOUSE BILL NO. HB0006Specified election records not subject to disclosure.Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim CommitteeA BILLforAN ACT relating to elections; clarifying that specified election records are not subject to disclosure under the Wyoming Public Records Act; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 22‑2‑113(d) is amended to read:22‑2‑113. Availability and form of registry lists; use of copies; election record; purging.(d) Unless otherwise specifically stated in this Election Code, all election records of the county clerk are public. The availability and dissemination of such records shall be in accordance with the Wyoming Public Records Act. Election records containing social security numbers, portions of social security numbers, driver's license numbers, birth dates, telephone numbers, tribal identification card numbers, e‑mail addresses, cast ballots, cast ballot images, cast vote records of individual voters, other data derived from cast ballots of individual voters and other personally identifiable information other than names, gender, addresses and party affiliations are not public records and shall be kept confidential. When necessary, members of the county or state canvassing boards may access confidential information for purposes of this code but shall maintain its confidentiality.Section 2. This act is effective July 1, 2023.
2023STATE OF WYOMING23LSO-0434HOUSE BILL NO. HB0103Political party affiliation declaration and changes.Sponsored by: Representative(s) Haroldson, Angelos, Jennings, Knapp, Locke, Pendergraft, Penn, Rodriguez-Williams, Slagle, Smith, Strock, Tarver, Ward and Winter and Senator(s) Biteman, Driskill and Laursen, DA BILLforAN ACT relating to elections; revising provisions relating to political party affiliation changes and declarations by electors; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 22‑3‑115(a)(vi), 22‑5‑212 and 22‑5‑214 are amended to read:22‑3‑115. Grounds for cancellation of registration.(a) A registered elector's registration shall be cancelled for any one (1) of the following reasons:(vi) Upon written request of the elector at any time except for the period for which party changes are prohibited as specified in W.S. 22‑5‑214.22‑5‑212. When declaration of party affiliation required.An elector requesting a major party ballot must shall declare his or change party affiliation, or sign an application for change of affiliation in accordance with W.S. 22‑5‑214 before he may receive receiving a party ballot. An elector may vote only the nonpartisan ballot and if so, is not required to declare his party affiliation. Requesting a partisan primary election ballot constitutes a declaration of party affiliation. A change in declaration of party affiliation shall be in accordance with the requirements of W.S. 22‑5‑214 and shall be entered on the poll list by the election judge.22‑5‑214. Declaration or change in party affiliation.(a) For a primary election, an elector may declare or change party affiliation by completing an application signed before a notarial officer or election official and filing it with the county clerk before the first day on which an application for nomination may be filed under W.S. 22‑5‑209.(b) For a general election, an elector may declare or change his party affiliation by completing an application signed before a notarial officer or election official, and filing it with the county clerk after the primary election and not less than fourteen (14) days before the primary general election or at the polls on the day of the primary or general election, or when requesting an absentee ballot for the general election.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.
2023STATE OF WYOMING23LSO-0362SENATE FILE NO. SF0095Moon landing day.Sponsored by: Senator(s) Ellis and Representative(s) CloustonA BILLforAN ACT relating to legal time and holidays; designating Moon Landing Day as a state recognized commemorative day to be observed as specified; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 8‑4‑116 is created to read:8‑4‑116. Moon Landing Day.(a) In recognition of American astronauts Neil Armstrong and Edwin "Buzz" Aldrin becoming the first humans to land and walk on the moon on July 20, 1969 and the men and women who aided the astronauts in landing on the moon and returning home safely, July 20 of each year is designated as "Moon Landing Day." The day shall be appropriately observed by state and local government and by organizations within the state.(b) The governor shall, in advance of July 20 of each year, issue a proclamation requesting proper observance of "Moon Landing Day."(c) This section shall not affect commercial paper, the making or execution of agreements or judicial proceedings, or authorize public schools, businesses or state and local government offices to close.Section 2. This act is effective July 1, 2023.
It should be noted, before people complain, this wouldn't make it a day off. It must makes it a recognized day.
And here's a really interesting bill:
A Bill to Recognize the Service of Lester C. Hunt
A bill has been introduced in the legislature to recognize former Governor and Senator Lester Hunt. Given Dr. Hunt's historic place in Wyoming, and national, history, it's worth visiting the topic here.
The bill states:
2023
State of Wyoming
23LSO-0301
SENATE JOINT RESOLUTION NO. SJ0002
Recognizing the service of Lester C. Hunt.
Sponsored by: Senator(s) Case and Rothfuss and Representative(s) Stith and Yin
A JOINT RESOLUTION
for
A JOINT RESOLUTION recognizing United States Senator and Wyoming Governor and Secretary of State Lester Calloway Hunt as a consummate model to public servants for his distinguished career, his commendable civility and courage and his service to Wyoming and the United States of America.
WHEREAS, after first coming to Wyoming as a recruit to play semi-professional baseball for a Lander team, Lester C. Hunt moved permanently to Wyoming to start his family and dental practice after working full-time on the railroad to fund his attendance at dental school; and
WHEREAS, Lester C. Hunt served actively during World War I as a First Lieutenant in the United States Army Dental Corps from 1917 to 1919 and as a Major in the Army Reserve from 1919 to 1954; and
WHEREAS, Lester C. Hunt started his distinguished career in public service by serving in the Wyoming House of Representatives, as a Representative from Fremont County, from 1933 to 1934; and
WHEREAS, Lester C. Hunt served as Wyoming's Secretary of State from 1935 to 1943 where among his many accomplishments were obtaining a copyright to preserve the mark of the Bucking Horse and Rider and developing and implementing plans for the Bucking Horse and Rider license plate first issued in 1936; and
WHEREAS, Lester C. Hunt became the first person to serve for two consecutive terms as Governor of Wyoming, holding office during and after World War II. Among Governor Hunt's many accomplishments in addition to managing wartime concerns, he oversaw the creation of a pension system for teachers and advocated for a pension system for state employees as well as expanded systems of health benefits; and
WHEREAS, Lester C. Hunt served as Wyoming's accomplished junior United States Senator from 1949 until his untimely death by suicide, June 19, 1954; and
WHEREAS, Lester C. Hunt supported a number of federal social programs and advocated for federal support of low-cost health and dental insurance policies. He also supported a variety of programs proposed by the Eisenhower administration following the Republican landslide in the 1952 elections, including the abolition of racial segregation in the District of Columbia and the expansion of Social Security; and
WHEREAS, Lester C. Hunt served on Congressional committees including the Senate Armed Services Committee, a special Senate committee investigating war crimes and the Special Committee on Organized Crime in Interstate Commerce; and
WHEREAS, through Senate hearings, Lester C. Hunt was introduced to the bullying and false accusation tactics of Senator Eugene Joseph McCarthy and followers of the charismatic McCarthy, where many considered McCarthy a hero and the people who knew better stayed silent and attempted to stay on his good side; and
WHEREAS, Lester C. Hunt became a victim of this extremely polarized era in public thinking that hurt our nation and ruined the lives of many who found themselves on the other side of the boisterous "majority." During this time, Senator Hunt was a brave critic of the excesses of the McCarthyism era, even introducing legislation allowing private citizens to sue members of Congress who libeled them; and
WHEREAS, Lester C. Hunt endured threats and intimidation, to which his untimely death can be directly attributed, during this dark and harsh period of our nation's political journey characterized by incivility, irrational political dogma and unfounded beliefs; and
WHEREAS, while Lester C. Hunt was cruelly harmed by this movement, thousands of others also had their lives shattered when they were blacklisted by false accusations without credible evidence. Anyone who challenged the methods employed by the McCarthyists was labeled a communist sympathizer in a widespread chilling of free speech; and
WHEREAS, Lester C. Hunt was a victim of blackmail whereby his opponents used despicable means to obtain control of a deeply divided United States Senate; and
WHEREAS, Lester C. Hunt remained true to Wyoming and to our nation but succumbed to the overwhelming pressure and took his own life, adding to the tragic legacy of Wyoming's suicide prominence; and
WHEREAS, in 1954, within a few months after Lester C. Hunt's suicide, the Senate voted to censure Joseph McCarthy and our nation began to heal; and
WHEREAS, former Wyoming Senator Alan Simpson said decades later that what happened to Lester C. Hunt "passed all boundaries of decency and exposed an evil side of politics;" and
WHEREAS, Wyoming's Lester C. Hunt with decency and courage contributed to the survival and preservation of a principled system of participatory government that has carried this nation through the darkest of times.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:
Section 1. That the members of the Wyoming Legislature commit to respect each member and support our democracy and the right of every citizen to be heard and respected. With this resolution, the Wyoming Legislature remembers and joins with the people of Wyoming and all our nation to rededicate ourselves to democracy, civility, decency and truth.
Section 2. That the members of the Wyoming Legislature commit to work with those with whom we disagree and to strive for pragmatic problem-solving.
Section 3. That the members of the Wyoming Legislature commit to be ever vigilant to do all they can to prevent suicide and to be diligent in battling against injustices, inequities, discriminative conditions and intolerant practices that can lead to suicide.
Section 4. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation.
For more on Hunt:
Baseball, Politics, Triumph and Tragedy: The Career of Lester Hunt
We have discussed Hunt here:
1942. Lester Hunt, DDS, the sitting Wyoming Secretary of State and a Democrat narrowly defeated Governor Nels H. Smith.
Lester C. Hunt.Hunt would serve as Governor for two terms before going on to becoming Wyoming's Senator. He killed himself in 1954 after Washington, D. C. police picked up his son in 1953 for soliciting a male prostitute. The scandal was kept quiet for a while, but political opponents threatened to use it against him as a threat to keep him from engaging in a 1954 bid for office.In the Senate, Hunt had been an opponent of Joe McCarthy.It's really interesting that this bill comes up now.
I didn't go into the story in depth, but as noted, Senator Hunt was an opponent of McCarthy and, obviously, tragically involved in a story that he couldn't overcome.
Hunt was a dentist by profession, and entered politics, first becoming, at a state level, the Wyoming Secretary of State. He was the elected a Democratic Governor, back in the day when Wyoming had a functioning Democratic Party and the state wasn't a one party state. He later became Wyoming's Senator.
In June 1953, his son, who was attending the Episcopal Theological School in Cambridge, Massachusetts, where he was the student body president, was picked up for solicitation of am ale prostitute. Normally this was just passed off by the police if it was a first offense, but the arrest became known to Republican Senators, who threatened to break the information if Hunt didn't resign from office. If that had happened, the Wyoming legislature would have appointed a Republican successor.
Hunt refused, his son was sentenced and paid the fine, and the Washington Post picked up the story.
Hunt decided to run for reelection anyhow, and the news story received little attention. Republicans again threatened to use it against him, although the Eisenhower Administration, seeing what was going on, tried to offer him a way out by offering him a position on the U.S. Tariff Commission. On June 8, 1954, following a medical examination, he declared he was bowing out of elective offices entirely. On June 19, he shot himself in his Senate office.
Following this, journalist Drew Pearson wrote about the drama and how the Republicans had threatened Hunt. Pearson noted, however:
Two weeks ago he went to the hospital for a physical check and announced that he would not run again. It was no secret that he had been having kidney trouble for some time, but I am sure that on top of this, Lester Hunt, a much more sensitive soul than his colleagues realized, just could not bear the thought of having his son's misfortunes become the subject of whispers in his re-election campaign.In private, however, Pearson indicated that Hunt, whom he had been in contact with, had no physical concerns at the time of his suicide.
What the resolution states is completely true. If there's a black mark against Dr. Hunt in his public story, it would be that he was less than enthusiastic about the presence of Japanese American internees in the state during World War Two and his statements at the time would be hard not to view as racist, although they are not uniformly so. In our modern era, we tend not to cut anyone any slack at all for transgressions of this type, but perhaps to some degree we should. Overall, Hunt's service as Secretary of State, Governor, World War One serviceman, and Senator are praiseworthy and no matter what a person might think of McCarthy, his stand at the time was certainly praiseworthy. The actions by the GOP in persecuting him were vile.
Which is why I suspect that this bill will go nowhere. In Wyoming of 2023, there's almost no room in the state to praise a Democratic politician, and chances are that anyone supporting a bill condemning McCarthyism will receive pretty stout criticism as well.
It'll be really interesting to see where this goes. Can a Wyoming Legislature in 2023 recognize a former Wyoming Governor, who was a World War One Army veteran, and our World War Two Governor, but who also; 1) had a son involved in a police scandal involving a homosexual solicitation; and 2) was an opponent of McCarthy's; and 3) was a Democrat.
For that matter, do the Jeanette Ward's of the legislature even know that there was a time when a politician like Hunt served as Secretary of State and then later as Governor, let alone Senator?
My guess is that this bill will die. The legislature will prefer to stand with McCarthy and the 1954 D.C. police.
January 13, 2023
Ten new bills were introduced in the House yesterday.
They include a bill which would put supervision of elections under the State Canvassing Board. HB115 is a version of a bill earlier proposed by Dale Zwonitzer, but which he did not introduce. It's been introduced instead by a freshman legislator from Albany County who is also a UW law professor. Predictably, Wyoming Secretary of State Chuck Gray took time from his busy clerical duties to text the Tribune in opposition to the bill, stating;“It’s more petty, liberal, unconstitutional behavior from individuals who are attempting to violate the will of the voters", by which he presumably meant the voters choosing him to be Secretary of State based on his advancement of theories to usurp the will of the voters.
A bill revising Wyoming's abortion restrictions, which are currently being litigated in the 9th Judicial District, was introduced, reading:
2023
STATE OF WYOMING
23LSO-0044
HOUSE BILL NO. HB0117
Abortion amendments.
Sponsored by: Representative(s) Yin, Provenza and Sherwood and Senator(s) Gierau and Rothfuss
A BILL
for
AN ACT relating to abortion; specifying that no abortion shall be performed after the fetus has reached viability; providing exceptions; clarifying the prohibition of the use of appropriated funds for abortion; repealing conflicting provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35‑6‑102 by creating a new subsection (d) and 35‑6‑117 by creating a new subsection (c) are amended to read:
35‑6‑102. Abortion restrictions; exception.
(d) An abortion shall not be performed after the embryo or fetus has reached viability except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment, or if the pregnancy is the result of incest as defined by W.S. 6‑4‑402 or sexual assault as defined by W.S. 6‑2‑301.
35‑6‑117. Use of appropriated funds for abortion prohibited; exceptions.
(c) No funds appropriated by the legislature of the state of Wyoming shall be used to pay for abortions except when the pregnancy is the result of incest as defined by W.S. 6‑4‑402 or sexual assault as defined by W.S. 6‑2‑301 if the assault is reported to a law enforcement agency within five (5) days after the assault or within five (5) days after the time the victim is capable of reporting the assault, or when the life of the mother would be endangered if the unborn child was carried to full term.
Section 2. W.S. 35‑6‑102(b) and (c) and 35‑6‑117(b) are repealed.
Section 3. 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.
Pursuant to this paragraph, the commission may establish by rule seasons for the collection of big game animal shed antlers and horns on public lands. Any season to collect big game animal antlers and horns shall begin for residents three (3) days before the start of the season for nonresidents;
STATE OF WYOMING23LSO-0514HOUSE BILL NO. HB0116Prohibiting foreign property ownership in Wyoming.Sponsored by: Representative(s) Allemand, Banks, Haroldson, Jennings, Penn, Slagle, Smith, Strock, Styvar, Tarver, Ward and Winter and Senator(s) Biteman and SteinmetzA BILLforAN ACT relating to property; restricting foreign ownership of land and other interests in Wyoming as specified; defining terms; requiring registration as specified; authorizing enforcement of ownership restrictions as specified; providing a civil penalty; requiring the inclusion of notices of foreign ownership in assessment schedules and tax statements; specifying applicability; requiring rulemaking; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 34‑15‑104 is created to read:34‑15‑104. Restriction on foreign ownership of land; registration; penalty; enforcement.(a) As used in this section:(i) "Foreign business" means a corporation incorporated under the laws of a foreign government or a business entity, whether or not incorporated, in which a majority interest is owned or controlled directly or indirectly by foreign persons or by a foreign government. Legal entities including trusts, holding companies, multiple corporations or other entities with other business arrangements shall not affect the determination of ownership or control of a foreign business;(ii) "Foreign government" means a government of:(A) Russia;(B) China;(C) Any country that has been designated as a state sponsor of terrorism under federal law.(iii) "Foreign person" means a person who is a citizen of:(A) Russia;(B) China;(C) A country that has been designated as a state sponsor of terrorism under federal law.(iv) "Land" means real property or real estate and any surface, subsurface, airspace or mineral interest in Wyoming.(b) No foreign government, foreign business or foreign person, or any agent, trustee or fiduciary thereof, shall purchase or otherwise acquire land in Wyoming except for use as a personal residence and not to exceed one (1) acre. A foreign government, foreign business or foreign person, or any agent, trustee or fiduciary thereof, that owns or holds land in Wyoming on July 1, 2023 shall divest of all right, title and interest in the land not later than two (2) years after July 1, 2023, unless the holding or ownership is for a personal residency and satisfies the requirements of this subsection.(c) A foreign business, foreign government or foreign person, or any agent, trustee or fiduciary thereof, that owns an interest in land in Wyoming in accordance with subsection (b) of this section on or after July 1, 2023 shall register the ownership of the land with the secretary of state. The registration shall be in a form and manner prescribed by the secretary of state and shall contain the name of the owner, the location of the land, the number of acres of the land by county and, if the owner is an agent, trustee or fiduciary of a foreign business, foreign government or foreign person, the name of any principal for whom that land was purchased or acquired. The registration shall be made not later than sixty (60) days after July 1, 2023 and shall be updated annually on or before March 31 of each year.(d) A foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, who fails to register or timely register as required by subsection (c) of this section shall be liable for a civil penalty of five thousand dollars ($5,000.00) for each day that the foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, is not in compliance with subsection (c) of this section.(e) Each county clerk shall report to the secretary of state if a foreign entity, foreign government or foreign person, or any agent, trustee or fiduciary thereof, purchases or acquires land in the county in violation of this section or if the clerk suspects that land was purchased or acquired in the county by a foreign entity, foreign government or foreign person.(f) The secretary of state shall report any violation of this section to the attorney general if the secretary of state finds that a foreign business, foreign government or foreign person, or any agent, trustee or fiduciary thereof, has acquired or holds title to or an interest in land in Wyoming in violation of this section or has failed to register as required by this section. The attorney general may take any action necessary to enforce the provisions of this section, including initiating an action in the district court of any county in which the land is located.Section 2. W.S. 39‑13‑103(b)(viii) and 39‑13‑107(b)(i)(C) are amended to read:39‑13‑103. Imposition.(b) Basis of tax. The following shall apply:(viii) Every assessment schedule sent to a taxpayer shall contain the property's estimated fair market value for the current and previous year, or, productive value in the case of agricultural property. The schedule shall also contain the assessment ratio as provided by paragraph (b)(iii) of this section for the taxable property, the amount of taxes assessed on the taxable property from the previous year, and an estimate of the taxes which will be due and payable for the current year based on the previous year's mill levies. The schedule shall also contain information stating that foreign ownership of property in Wyoming is prohibited and describing the requirement to register foreign ownership of property with the secretary of state as provided by W.S. 34‑15‑104. The schedule shall contain a statement of the process to contest assessments as prescribed by W.S. 39‑13‑109(b)(i);39‑13‑107. Compliance; collection procedures.(b) The following provisions shall apply to the payment of taxes, distraint of property and deferral:(i) The following shall apply to the payment of taxes due:(C) Annually, on or before October 10 the county treasurer shall send a written statement to each taxpayer by mail at his last known address or, if offered by the county and upon request of the taxpayer, by electronic transmission of the total tax due, itemized as to property description, assessed value and mill levies. The notice shall contain information, including contact information, of any property tax relief program authorized by state law. The notice shall contain information stating that foreign ownership of property in Wyoming is prohibited and describing the requirement to register foreign property with the secretary of state as provided by W.S. 34‑15‑104. Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due;Section 3. Except as provided in W.S. 34‑15‑104(b), as created by section 1 of this act, nothing in this act shall be construed to divest, extinguish or sever any interest in or claim to real property, real estate, surface, subsurface, airspace and mineral interests in Wyoming.Section 4. The secretary of state shall promulgate all rules necessary to implement the provisions of this act.Section 5. 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.
HOUSE JOINT RESOLUTION NO. HJ0003Wild horses and burros-best management practices.Sponsored by: Representative(s) Winter, Banks, Davis, Neiman and Sommers and Senator(s) Driskill and Laursen, DA JOINT RESOLUTIONforA JOINT RESOLUTION requesting the United States Congress to enact legislation and make other necessary policy changes to allow federal land management agencies and agency partners to implement best management practices for wild horses and burros by allowing for equine slaughter and processing for shipment to accommodating markets inside or outside the United States.WHEREAS, the Wild Free-Roaming Horses and Burros Act of 1971 (the Act), as amended, protects wild horses and burros from harassment or death and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; andWHEREAS, under the Act, wild horses and burros are managed by the Bureau of Land Management (BLM) and the United States Forest Service (USFS) in their respective jurisdictions and within the areas where these animals were found roaming in 1971; andWHEREAS, the BLM manages public lands for multiple use and a sustained yield, as mandated by the Federal Land Policy and Management Act (FLPMA); andWHEREAS, when considering the Act and the FLPMA together, the BLM is required to protect wild horses and burros in balance with other public resources and uses, including other wildlife and fish, recreation, range, timber, minerals, watershed and natural scenic, scientific and historical values; andWHEREAS, responsible management of wild horse and burro populations is critical to protect scarce and fragile resources in the arid West and ensure healthy wildlife and livestock; andWHEREAS, without responsible management, the resources in the arid West cannot be managed for multiple use because wild horses unduly infringe upon other uses by damaging riverbeds and overgrazing on limited forage, while using and often damaging the infrastructure of other public land users; andWHEREAS, with virtually no natural predators, wild horse and burro populations can double every four (4) to five (5) years if left unchecked; andWHEREAS, due to their protected status, if a wild horse or burro strays onto privately owned lands, the private landowners have no recourse for the infringement of their private property rights other than to inform their local BLM or USFS field office to seek removal of the animal; andWHEREAS, under the Act, the BLM and USFS must inventory wild horse and burro populations periodically to determine appropriate management levels (AMLs) to maintain a thriving natural ecological balance and preserve the multiple-use relationship on public lands; andWHEREAS, under the Act, the BLM and USFS are authorized to remove wild horses and burros to achieve AMLs upon the respective agency's determination that an overpopulation exists; andWHEREAS, upon that determination, the Act requires the agency first to order old, sick, or lame animals to be destroyed in the most humane manner possible, second to cause excess wild horses and burros to be humanely captured for private adoption and third, to cause excess animals to be destroyed in the most humane and cost-efficient manner possible; andWHEREAS, the BLM and USFS are increasingly unable to adequately manage wild horse and burro populations due to exponential increases in the number of wild horses and burros on the range, difficulties in adopting or selling wild horses and burros, lack of effective fertility control measures, lawsuits prohibiting or stalling gathers and removals, insufficient availability of holding facilities and increasing management costs; andWHEREAS, of the one hundred seventy-seven (177) herd management areas across ten (10) western states under the jurisdiction of the BLM, comprising almost twenty-seven million (27,000,000) acres, only approximately twenty percent (20%) fall within their attendant AML; andWHEREAS, the BLM recognizes the need for decisive action to reverse the harm to western landscapes and the wild horses and burros occupying them, as demonstrated by the agency's "2020 Report to Congress: An Analysis of Achieving a Sustainable Wild Horse and Burro Program;" andWHEREAS, off-range holding of gathered animals accomplishes neither free-ranging of the animals nor population control and amounts to great expense, as demonstrated by the BLM fiscal year 2021 off-range holding expenditures of seventy-seven million seven hundred thousand dollars ($77,700,000.00); andWHEREAS, under the Federal Meat Inspection Act of 1906, United States Department of Agriculture inspection is mandatory to sell meat in interstate or foreign commerce; andWHEREAS, the United States Congress has effectively banned horse slaughter in the United States for human consumption since 2007 by denying funding for the inspection of equine slaughter facilities throughout the food production process. Federal appropriations laws since 1988 have contained similar prohibitions; andWHEREAS, the fiscal year 2022 Department of Interior appropriations law prohibited the use of funds for destruction of healthy animals or for sales of animals that result in processing into commercial products; andWHEREAS, the Act, combined with the effect of the United States Congress' effective ban on equine slaughter facilities, has created an unsustainable issue where wild horse and burro populations continue to expand exponentially; andWHEREAS, the United States has benefitted from the ability of neighboring countries to provide equine slaughter services. The capacity of those neighboring countries to provide these services is limited, however, and has been degraded by the closure of facilities as well as the challenges associated with transporting animals long distances. Effective and humane management of wild horses and burros can be best accomplished by facilitating the United States' own capacity to transport and process wild horses and burros; andWHEREAS, the wild horse and burro population's continued exponential growth and the federal agencies' continued inability to adequately manage these populations to attain AMLs presents an urgent concern for management policy and practice; andWHEREAS, a pragmatic shift in United States' wild horse and burro management policy is prudent and necessary to help address this crisis and achieve protection of wild horses and burros in manageable numbers; andWHEREAS, policy tools must be implemented to authorize equine domestic slaughter, to allow horse and burro meat inspection and sale and to facilitate the humane transport of wild horses and burros both domestically and to other countries or sovereigns for slaughter.NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:Section 1. That the Legislature of the State of Wyoming requests the United States Congress to enact legislation and make other necessary policy changes to allow federal land management agencies and agency partners to implement best management practices for wild horses and burros by allowing for equine slaughter and processing for shipment to accommodating markets within or outside the United States.Section 2. That the Legislature of the State of Wyoming requests the United States Congress to enact legislation and make other necessary policy changes to allow federal land management agencies and agency partners to work with states and Indian tribes with respect to the management, gathering and disposition of wild horses and burros.Section 3. That the Legislature of the State of Wyoming requests the United States Congress to enact legislation and make other necessary policy changes to remove impediments to the disposition of gathered wild horses and burros, including equine slaughter and processing.Section 4. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress, to the Secretary of the Interior and to the Wyoming Congressional Delegation.
SENATE FILE NO. SF0109Prohibiting chemical abortions.Sponsored by: Senator(s) Salazar, Biteman, Boner, Brennan, Dockstader, French, Furphy, Hutchings, Ide, Kolb, Laursen, D, McKeown, Schuler and Steinmetz and Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Davis, Haroldson, Hornok, Jennings, Knapp, Locke, Neiman, O'Hearn, Olsen, Ottman, Pendergraft, Penn, Rodriguez-Williams, Singh, Slagle, Smith, Styvar, Trujillo, Ward and WashutA BILLforAN ACT relating to abortions; prohibiting chemical abortion drugs for abortions as specified; providing criminal penalties; providing definitions; specifying exceptions; making conforming amendments; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 35‑6‑120 is created to read:35‑6‑120. Chemical abortion drugs prohibited; exceptions; penalty.(a) Notwithstanding any other provision of law, no person shall manufacture, distribute, prescribe, dispense, sell, transfer or use any chemical abortion drug in the state for the purpose of procuring or performing an abortion.(b) The prohibition in subsection (a) shall not apply to:(i) The sale, use, prescription or administration of any contraceptive agent administered before conception or before pregnancy can be confirmed through conventional medical testing;(ii) The treatment of a natural miscarriage according to currently accepted medical guidelines;(iii) Treatment necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment, or the pregnancy is the result of incest as defined by W.S. 6‑4‑402 or sexual assault as defined by W.S. 6‑2‑301. As used in this paragraph, "imminent peril" means only a physical condition and shall not include any psychological or emotional conditions. No medical treatment shall form the basis for an exception under this paragraph if it is based on a claim or diagnosis that the pregnant woman will engage in conduct which she intends to result in her death or other self‑harm.(c) Except as otherwise provided in this section, any physician or other person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine not to exceed nine thousand dollars ($9,000.00), or both.(d) A woman upon whom an abortion is performed or attempted in which a chemical abortion drug is used shall not be criminally prosecuted pursuant to subsection (c) of this section.Section 2. W.S. 35‑6‑101(a)(vi), by creating a new paragraph (xii) and by amending and renumbering (xii) as (xiii) is amended to read:35‑6‑101. Definitions.(a) As used in the act, unless the context otherwise requires:(vi) "Pregnant" or "pregnancy" means that condition of a woman who has a human embryo or fetus within her as the result of conception;(xii) "Chemical abortion drug" means mifepristone, misoprostol, mifeprex, mifegyne or any substantially similar generic or non‑generic drug or chemical dispensed for purposes of causing an abortion;(xii)(xiii) "This act" means W.S. 35‑6‑101 through 35‑6‑119 35‑6‑120.Section 3. This act is effective July 1, 2023.
2023STATE OF WYOMING23LSO-0215SENATE FILE NO. SF0111Child abuse-change of sex.Sponsored by: Senator(s) Scott, Brennan, McKeown, Schuler and Steinmetz and Representative(s) Allemand, Banks, Chadwick, Heiner, Jennings, Lawley, Olsen, Ottman, Strock, Styvar and WaltersA BILLforAN ACT relating to crimes and offenses; creating a new offense for child abuse; providing a penalty; providing exceptions; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 6‑2‑503 by creating new subsections (d) and (e) are amended to read:6‑2‑503. Child abuse; penalty.(d) A person is guilty of child abuse, a felony punishable by imprisonment for not more than ten (10) years, if a person intentionally inflicts upon a child under the age of eighteen (18) years any procedure, drug, other agent or combination thereof that is administered to intentionally or knowingly change the sex of the child. Consent of the child, the child's parents, guardian or any other person responsible for the child's welfare shall not be a defense to the crime defined by this subsection.(e) The following do not constitute child abuse pursuant to subsection (d) of this section:(i) Medical treatment and any associated aftercare to create the clear sexual identity of a child born with an ambiguous sexual identity, provided the ambiguity is diagnosed before the child reaches the age of four (4) years;(ii) Medical treatment and any associated aftercare of a child born with the external genitalia of a female and a chromosomal structure of a male or medical treatment of a child born with the external genitalia of a male and a chromosomal structure of a female;(iii) Treatment of a child who develops, in whole or in part, one (1) or more characteristics of the opposite sex, provided the medical treatment and any associated aftercare is intended to ameliorate the characteristic and does not change the sex of the child;(iv) Medical treatment and any associated aftercare necessary for traumatic injuries or life threatening physical diseases or conditions, not including any psychological or emotional conditions.Section 2. This act is effective July 1, 2023.
A resolution stating the legislator's intent to phase out the sale of electric cars by 2035 has been introduced. It states:
SENATE JOINT RESOLUTION NO. SJ0004
Phasing out new electric vehicle sales by 2035
Sponsored by: Senator(s) Anderson, Boner, Cooper and Dockstader and Representative(s) Burkhart and Henderson
A JOINT RESOLUTION
for
A JOINT RESOLUTION expressing support for phasing out the sale of new electric vehicles in Wyoming by 2035.
WHEREAS, oil and gas production has long been one of Wyoming's proud and valued industries; and
WHEREAS, the oil and gas industry in Wyoming has created countless jobs and has contributed revenues to the state of Wyoming throughout the state's history; and
WHEREAS, since its invention, the gas-powered vehicle has enabled the state's industries and businesses to engage in commerce and transport goods and resources more efficiently throughout the country; and
WHEREAS, Wyoming's vast stretches of highway, coupled with a lack of electric vehicle charging infrastructure, make the widespread use of electric vehicles impracticable for the state; and
WHEREAS, the batteries used in electric vehicles contain critical minerals whose domestic supply is limited and at risk for disruption; and
WHEREAS, the critical minerals used in electric batteries are not easily recyclable or disposable, meaning that municipal landfills in Wyoming and elsewhere will be required to develop practices to dispose of these minerals in a safe and responsible manner; and
WHEREAS, the expansion of electric vehicle charging stations in Wyoming and throughout the country necessary to support more electric vehicles will require massive amounts of new power generation in order to sustain the misadventure of electric vehicles; and
WHEREAS, the United States has consistently invested in the oil and gas industry to sustain gas-powered vehicles, and that investment has resulted in the continued employment of thousands of people in the oil and gas industry in Wyoming and throughout the country; and
WHEREAS, fossil fuels, including oil and petroleum products, will continue to be vital for transporting goods and people across Wyoming and the United States for years to come; and
WHEREAS, the proliferation of electric vehicles at the expense of gas-powered vehicles will have deleterious impacts on Wyoming's communities and will be detrimental to Wyoming's economy and the ability for the country to efficiently engage in commerce; and
WHEREAS, phasing out the sale of new electric vehicles in Wyoming by 2035 will ensure the stability of Wyoming's oil and gas industry and will help preserve the country's critical minerals for vital purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:
Section 1. That the legislature encourages and expresses as a goal that the sale of new electric vehicles in the state of Wyoming be phased out by 2035.
Section 2. That the legislature encourages Wyoming's industries and citizens to limit the sale and purchase of new electric vehicles in Wyoming with a goal of phasing out the sale of new electric vehicles in Wyoming by 2035.
Section 3. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, each member of Wyoming's congressional delegation, the President of the United States Senate, the Speaker of the United States House of Representatives, the governor of Wyoming and the governor of California.
SENATE JOINT RESOLUTION NO. SJ0005Air Force 75th Anniversary.Sponsored by: Senator(s) Boner, Furphy, Nethercott and Pappas and Representative(s) Brown, Locke, Olsen and StyvarA JOINT RESOLUTIONforA JOINT RESOLUTION to recognize and congratulate the United States Air Force on the 75th anniversary of its founding.WHEREAS, the United States Air Force was founded in 1947 and has had a continuous and active presence in Wyoming since that time; andWHEREAS, The United States Air Force's heritage in Wyoming pre-dates the Air Force founding as a separate military branch and includes the significant training mission of strategic bomber crews at Casper Army Airfield during World War II; andWHEREAS, Francis E. Warren Air Force Base is the oldest continuously active Air Force base in the nation; andWHEREAS, Francis E. Warren Air Force Base has played a vital role in the strategic defense of the United States and its allies by maintaining the first fully operational Intercontinental Ballistic Missile (ICBM), the Atlas D, in 1959; andWHEREAS, Francis E. Warren Air Force Base is home to the 90th Missile Wing, one of three active missile wings currently operating the Minuteman III ICBM and the headquarters of 20th Air Force, which commands all three (3) missile wings; andWHEREAS, the 90th Missile wing is the only military unit to operate the Peacekeeper ICBM, the most advanced ballistic missile fielded to date which was deployed exclusively in Wyoming; andWHEREAS, the 90th Missile Wing will continue to play a vital role in the strategic defense of the United States now and into the future and be the first unit to deploy the new Sentinel ICBM; andWHEREAS, the University of Wyoming has a strong history of supporting the United States Air Force by establishing Air Force ROTC Detachment 940 in 1952 and counting Samuel C. Phillips, the leader of the Air Force's Minuteman ICBM program, as an alumni; andWHEREAS, the Wyoming Air National Guard has continuously supported our state and nation since 1946; andWHEREAS, the Wyoming Air National Guard became part of the Air Force in 1947 and ever since has honorably, ably and faithfully been the "Sword and Shield" for our state and nation; andWHEREAS, the Wyoming Air National Guard, as the Sword, has played a vital role in guarding the United States and defending freedom in nearly every major conflict and contingency by repeatedly answering the nation's call in places such as Korea, Kuwait, Afghanistan, Iraq and around the world; andWHEREAS, the Wyoming Air National Guard, as the Shield, has fought fires on the ground and in the air in Wyoming and throughout the West, mitigated flooding in Saratoga, Fremont county and elsewhere, and most recently provided desperately needed manpower for medical facilities throughout the state during the height of the COVID-19 pandemic; andWHEREAS, the State of Wyoming is dedicated to memorializing the story of the Air Force through the Wyoming Veterans Museum and Quebec 01 Missile Alert Facility State Historic Site.NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:Section 1.(a) The State of Wyoming commends the United States Air Force on its 75th anniversary.(b) The state of Wyoming acknowledges the strong historic relationship between the United States Air Force and the State.(c) The State of Wyoming recognizes the significant service that the United States Air Force currently provides in protecting our vital state and national interests.(d) The state of Wyoming is determined to continue the strong partnership between the State and the United States Air Force.Section 2. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress, to the Wyoming Congressional Delegation, the Secretary of Defense, the Secretary of the Air Force, the Commander of the 90th Missile Wing, 20th Air Force and the Commander of the Air Force ROTC Detachment 940.
House Bill 17, which is not new, would allow ranchers to sublease state grazing leases.
House Bill 95 would protect the use of working animals.
HOUSE BILL NO. HB0095
Working animal protection act.
Sponsored by: Representative(s) Rodriguez-Williams, Neiman and Penn and Senator(s) French and Laursen, D
A BILL
for
AN ACT relating to counties, cities and towns; prohibiting counties, cities and towns from enacting and enforcing policies on the use of animals as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 15‑1‑133 and 18‑2‑117 are created to read:
15‑1‑133. Working animal protections.
(a) No city or town shall enact an ordinance or policy that terminates, bans or unduly restricts a person from using a working animal in lawful commerce or an animal enterprise.
(b) This section supersedes any municipal ordinance or policy that conflicts with this section, but shall not supersede:
(i) Any municipal zoning ordinance enacted under this title;
(ii) Any municipal ordinance or policy relating to public health or public safety.
(c) This section shall not be interpreted to amend any other Wyoming law that relates to animal care, public health or public safety, including the provisions of W.S. 23‑3‑109.
(d) As used in this section, "working animal" means a nonhuman animal used primarily for the purpose of performing a specific duty or function in commerce or an animal enterprise including human service, legal hunting, agriculture, ranching, husbandry, transportation, education, competition, tourism, entertainment or exhibition. The term shall not include rabbits, llamas, cattle, swine, sheep, goats, poultry or any other animal that is used primarily for the production of food or fiber.
18‑2‑117. Working animal protections.
(a) No county shall enact any resolution, ordinance or policy that terminates, bans or unduly restricts a person from using a working animal in lawful commerce or an animal enterprise.
(b) This section supersedes any resolution, ordinance or policy that conflicts with this section, but shall not supersede:
(i) Any county zoning resolution enacted under this title;
(ii) Any policy relating to public health or public safety.
(c) This section shall not be interpreted to amend any other Wyoming law that relates to animal care, public health or public safety, including the provisions of W.S. 23‑3‑109.
(d) As used in this section, "working animal" means a nonhuman animal used primarily for the purpose of performing a specific duty or function in commerce or an animal enterprise including human service, legal hunting, agriculture, ranching, husbandry, transportation, education, competition, tourism, entertainment or exhibition. The term shall not include rabbits, llamas, cattle, swine, sheep, goats, poultry or any other animal that is used primarily for the production of food or fiber.
Section 2. This act is effective July 1, 2023.
January 13, cont:
Let the fisticuffs begin:
HOUSE BILL NO. HB0126
Trespass-removal of trespasser.
Sponsored by: Representative(s) Crago and Washut and Senator(s) Kinskey and Landen
A BILL
for
AN ACT relating to crimes and offenses; providing for the use of physical force against a trespasser as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6‑3‑303 by creating new subsections (d) and (e) is amended to read:
6‑3‑303. Criminal trespass; penalties; justification.
(d) A person who is the owner or legal occupant of land or a premises upon which a criminal trespass is occurring, or their agent, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to terminate what the owner, occupant or agent reasonably believes to be the commission of a criminal trespass by the other person in or upon the land or premises.
(e) Section (d) of this section does not supersede or add to the responsibilities applicable to the defense of self or another as provided by law.
Section 2. This act is effective July 1, 2023.
Frankly, as this bill is based on what one “reasonably believes”, basically authorizes murder, or could, and probably will be, read that way.
January 14, 2023
A bill to extend postpartum Medicaid from 60 days to a year made it barely out of committee and on to the House floor.
The bill was backed by physicians, the Governor's office and the Catholic Church. It was opposed by the Freedom Caucus. One legislator attacked Governor Gordon's office based on his appointment of the current 9th Judicial District Judge who stayed the application of the trigger law, seemingly not grasping that this wouldn't have occurred but for the bad drafting of a silly constitutional amendment that resulted in that. Jeanette Ward, the Illinoisan in the legislature, commended that being pro-life doesn't mean support for expanding entitlements, even though Medicaid isn't an entitlement.
HB130 would fund a grant for police departments to obtain fentanyl detecting dogs.
Senate Bill 60 failed, which read as follows:
SENATE FILE NO. SF0060
Nonresident hunting license application fees.
Sponsored by: Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee
A BILL
for
AN ACT relating to game and fish; modifying the provisions of elk, deer and antelope hunting licenses issued to nonresident applicants; increasing nonresident license fees to hunt elk, deer and antelope; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 23‑2‑101(f)(i) through (iii) is amended to read:
23‑2‑101. Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required; donation of refunded application fees.
(f) Forty percent (40%) of available nonresident elk licenses, forty percent (40%) of available nonresident deer licenses and forty percent (40%) of available nonresident antelope licenses for any one (1) calendar year shall as established by the commission, be offered to nonresident applicants upon receipt of the fee prescribed by this subsection. Seventy‑five (75) of the nonresident deer licenses set aside pursuant to this subsection shall be used for a national bow hunt for deer. The licenses authorized by this subsection shall be offered by drawing to nonresident applicants prior to the drawing for the remaining nonresident licenses issued. The licenses offered under this subsection shall be issued in a manner prescribed by rules and regulations promulgated by the commission. Nothing in this subsection shall prohibit any unsuccessful applicant for a nonresident license pursuant to this subsection from submitting an application for any licenses remaining after the drawing during the calendar year in which the application under this subsection was submitted. The following fees shall be collected by the department and are in addition to the nonresident license fee for the appropriate big game species imposed under subsection (j) of this section and the application fee imposed under subsection (e) of this section:
(i) Nonresident elk license ...... $576.00 $1,258.00 in addition to the license fee imposed under paragraph (j)(xix) of this section;
(ii) Nonresident deer license .... $288.00 $826.00 in addition to the license fee imposed under paragraph (j)(xv) of this section;
(iii) Nonresident antelope license ..... $288.00 $874.00 in addition to the license fee imposed under paragraph (j)(xxxi) of this section.
Section 2. This act is effective January 1, 2024.
As can be seen, it would have raised the price of out of state big game hunting licenses.
I would have been in favor of this because, as a subsistence hunter, I favor locals getting tags first and this would have sort of helped that, maybe. I can also see the point of not pricing things to the rich playground level as well.
January 17, 2023
More new bills introduced yesterday.
Indeed, a lot of bills were introduced yesterday, this is just a snippet.
Requiring high school students to take the equivalent of the U.S. citizenship test:
2023
STATE OF WYOMING
23LSO-0356
SENATE FILE NO. SF0114
Constitutional instruction and examination requirements.
Sponsored by: Senator(s) Laursen, D, Biteman, French, Ide, McKeown, Salazar and Steinmetz and Representative(s) Bear, Davis, Haroldson, Heiner, Rodriguez-Williams, Smith and Zwonitzer, Dn
A BILL
for
AN ACT relating to education; modifying the state and federal constitutional instruction required in public schools; requiring passing an additional examination for high school graduation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21‑9‑102 is amended to read:
21‑9‑102. Instruction in state and federal constitutions required; satisfactory examinations prerequisite to graduation.
All schools and colleges in this state that are supported in any manner by public funds shall give instruction in the essentials of the United States constitution, the bill of rights, amendments to the United States constitution and the constitution of the state of Wyoming, including the study of and devotion to American institution and ideals, and no student shall receive a high school diploma, associate degree or baccalaureate degree without satisfactorily passing an examination on the principles of the constitution of the United States and the state of Wyoming. For students graduating in the 2023‑2024 school year and each school year thereafter, no student shall receive a high school diploma from a Wyoming school district without also passing the civics test required to become a United States citizen by the United States citizenship and immigration services with a score of at least sixty percent (60%). The constitutional and other instruction required in this section shall be given for at least three (3) years each academic year in kindergarten through grade eight (8) twelve (12) and for one (1) year each in the secondary and college grades any higher education degree, certificate or program for which the coursework requires one (1) year or more of full‑time study.
Section 2. This act is effective July 1, 2023.
Parental rights in education. This is making headlines as its similar to Florida's law which acquired the "don't say gay" moniker, although it addresses a lot more topics than that.
2023
STATE OF WYOMING
23LSO-0156
SENATE FILE NO. SF0117
Parental rights in education.
Sponsored by: Senator(s) Dockstader and Representative(s) Allred
A BILL
for
AN ACT relating to education; specifying procedures and requirements for school districts to provide parents notice of information regarding students and the rights of parents to make decisions regarding their children; specifying that school districts cannot prohibit parental notification and involvement in critical decisions involving students; prohibiting classroom discussion about sexual orientation or gender identity as specified; specifying training requirements for school districts; specifying procedures for resolving parent concerns and complaints; specifying duties for school district boards of trustees and the state board of education; providing for a cause of action; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21‑3‑134 is created to read:
21‑3‑134. Parental notices related to health care and gender instruction; student welfare; procedures; school district prohibitions.
(a) No school district shall permit classroom instruction by teachers or any other person on sexual orientation and gender identity:
(i) For students in grades kindergarten through three (3); or
(ii) In a manner that is not age appropriate or developmentally appropriate for students in accordance with standards established by the state board of education.
(b) Each school district board of trustees shall:
(i) Adopt procedures for notifying a student's parent or guardian if there is a change in the student's services or monitoring related to the student's mental, emotional or physical health or well‑being and the school's ability to provide a safe and supportive learning environment for the student. Procedures adopted under this paragraph shall reinforce the fundamental right of parents to make decisions regarding the care and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his well‑being with his parent or guardian or to facilitate discussion with the parent. No procedures adopted under this paragraph shall prohibit parents or guardians from accessing any of their student's education and health records created, maintained or used by the school district;
(ii) Not adopt any procedures that prohibit school district personnel from notifying a student's parent or guardian about the student's mental, emotional or physical health or well‑being, a change in related services or monitoring. No school district shall adopt procedures that encourage or have the effect of encouraging a student to withhold from a parent or guardian information about the student's mental, emotional or physical health or well‑being. Nothing in this paragraph shall prohibit a school district from adopting procedures that authorize school district personnel to withhold from disclosing to a parent or guardian information about the student's mental, emotional or physical health or well‑being if a reasonably prudent person would believe that disclosure would result in abuse as defined by W.S. 14‑3‑202(a)(ii) or neglect as defined by W.S. 14‑3‑202(a)(vii).
(c) The state board of education shall establish guidelines and standards for student support services in school districts in accordance with this section. Student support services training developed or provided by a school district to the school district's personnel shall adhere to any guidelines and standards promulgated by the state board of education in accordance with this section.
(d) Effective school year 2023‑2024 and each school year thereafter, at the beginning of each school year each school district shall notify parents and guardians of each health care service offered or provided at the student's school and provide the option for the parent or guardian to withhold consent or decline any specific health care service. Parental or guardian consent to a health care service shall not waive the parent's or guardian's right to access his student's educational or health care records or to be notified in a change in his student's services or monitoring.
(e) Before administering a student well‑being questionnaire or health screening to a student in grades kindergarten through three (3), each school district shall provide the questionnaire or information on the health screening to the parent or guardian and obtain the parent's or guardian's permission.
(f) Each school district shall adopt procedures for a parent or guardian to file a complaint with the school district regarding a school district's non‑compliance with this section, in accordance with the following:
(i) Notwithstanding W.S. 21‑2‑101, to the extent that any provision of this subsection conflicts with the Wyoming Administrative Procedure Act, this subsection and any rules promulgated thereunder shall control;
(ii) A parent or guardian filing a complaint shall provide a copy of the complaint to the principal or the principal's designee;
(iii) The procedures shall provide that any complaint submitted under this subsection shall be resolved within seven (7) days of the submission of the complaint;
(iv) If a complaint is not resolved by the school district within thirty (30) days after submission of the complaint, the school district shall resolve the complaint or provide to the parent or guardian a statement of reasons for why the school district has not yet resolved the complaint;
(v) If a complaint is not resolved after a statement of reasons is provided as required by paragraph (iv) of this subsection, a parent or guardian may:
(A) Request a hearing on the complaint before an independent hearing officer through the office of administrative hearings, who shall determine facts relating to the dispute over the school district's compliance with this section, consider information provided by the school district and render a recommended decision within thirty (30) days after receiving the request to the state board of education. The state board of education shall accept or reject the hearing officer's recommended decision at its next regularly scheduled meeting or within thirty (30) days after the date the recommended decision is submitted to the state board, whichever is earlier. The costs of the hearing and the hearing officer shall be borne by the school district;
(B) Bring an action against the school district to obtain a declaratory judgment that the school district has violated this section and to seek injunctive relief. A court may award damages and shall award reasonable attorney fees to a parent or guardian who substantially prevails in an action brought under this subparagraph.
(vi) Each school district shall adopt procedures to notify parents of the rights and procedures available to parents under this subsection;
(vii) Nothing in this subsection shall be construed to abridge any other rights or remedies under law available to parents.
Section 2. W.S. 21‑2‑304(a) by creating a new paragraph (xviii) and 21‑3‑110(a) by creating a new paragraph (xl) are amended to read:
21‑2‑304. Duties of the state board of education.
(a) The state board of education shall:
(xviii) Adopt procedures, guidelines and standards and promulgate rules regarding student instruction and the provision of services associated with student health and well‑being and for the resolution of parent complaints in accordance with W.S. 21‑3‑134.
21‑3‑110. Duties of boards of trustees.
(a) The board of trustees in each school district shall:
(xl) Adopt procedures, guidelines and standards regarding student instruction and the provision of services associated with student health and well‑being in accordance with W.S. 21‑3‑134 and any rules, guidelines or standards promulgated by the state board of education.
Section 3.
(a) Not later than July 1, 2023:
(i) The state board of education shall promulgate rules and establish or update all procedures, guidelines and standards necessary to comply with the requirements of this act;
(ii) Each school district board of trustees shall establish procedures, guidelines and standards in accordance with this act and any rules or policies promulgated by the state board of education in accordance with this act.
Section 4.
a) Except as provided in subsection (b) of this section, this act is effective July 1, 2023.
(b) Sections 3 and 4 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.
An illegal bill attempting to restrict the Federalization of the National Guard.
2023
STATE OF WYOMING
23LSO-0454
SENATE FILE NO. SF0119
Defend the guard act-2.
Sponsored by: Senator(s) Ide and Rothfuss and Representative(s) Andrew and Olsen
A BILL
for
AN ACT relating to the Wyoming national guard; providing legislative findings; prohibiting the release of the Wyoming national guard into active duty combat as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. The Wyoming legislature finds that this act, creating the Defend the Guard Act, follows the principles embodied in the United States constitution and the writings of the founders. Article I, section 8, of the United States constitution vests in the congress the exclusive power to declare war. By abdicating the war powers to the executive branch, the United States congress has failed to follow the United States constitution and the intent of the founders.
Section 2. W.S. 19‑9‑104 is created to read:
19‑9‑104. Defend the guard act.
(a) This section shall be known and may be cited as the "Defend the Guard Act".
(b) For the purposes of this section:
(i) "Active duty combat" means performing the following services in the active federal military service of the United States:
(A) Participation in an armed conflict;
(B) Performance of a hazardous service relating to an armed conflict in a foreign state; or
(C) Performance of a duty through an instrumentality of war.
(ii) "Official declaration of war" means an official declaration of war made by the United States congress pursuant to article I, section 8, clause 11 of the United States constitution.
(c) Notwithstanding any other provisions of law, the Wyoming national guard and any member thereof shall not be released from the state into active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to article I, section 8, clause 15 of the United States constitution to explicitly call forth the Wyoming national guard and any member thereof for the enumerated purposes of expressly executing the laws of the union, repelling invasion or suppressing an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.
(d) Nothing in this section limits or prohibits the governor from consenting to the deployment of any Wyoming national guard member under title 32 of the United States Code for the purpose of providing defense support for civil authority missions within the United States and United States territories.
Section 3. W.S. 19‑9‑204(b) is amended to read:
19‑9‑204. Command of military force called into service.
(b) Subject to W.S. 19‑9‑104 the national guard of the state may be ordered into the service of the United States by the president of the United States for any purpose for which he is authorized to use militia of the states by the constitution of the United States.
As noted, this bill is illegal.
It's also anti historical. The Wyoming National Guard was mobilized into Federal service in the Punitive Expedition, the build up to World War Two, the Korean War, the Iraq War, and Afghanistan Conflict, and even to a small extent during the Vietnam War.. It's probably the last two that are causing the Trumpite right to have a snit, but a bill like this, if it were legal, which it isn't, would have kept us from mobilizing prior to World War Two and would have really hindered us during the Cold War. Only a person with a monumentally narrow view of potential conflicts or a hyper isolationist could take such a position seriously.
HB117, sponsored by the handful of Democrats in the House, seeks to repeal the abortion ban. With the nearly nonexistent power the Democrats have in the legislature, why they'd waste time making themselves more unpopular isn't clear.
So many bill shave now been introduced that a thoughtful undertaking to address them by the legsilature will be impossible.
The bill to ban the sale of electric cars addressed above died in committee.
January 18, 2022
House Bill 72, reforming the sales and services taxes, failed.
Wyoming Secretary of State Chuck Gray took time out of his busy work to do list of filing new business organizations, checking filing names, and other clerical duties incumbant upon his new job in order to write an op ed for the Tribune, in which he starts off complaining about how the "media", which he's using in this case, and "liberal elites", which in Wyoming would be about three people, have miscategorized his canpaign. The editorial opposes ranked choice voting, which had it existed would mean that people like him would be less likely, probably, to get elected.
House Bill 55 on election ballot order failed.
A proposed amendment to the Wyoming Constitution providing for a right to privacy has been introduced. It provides:
2023
STATE OF WYOMING
SO-0172
SENATE JOINT RESOLUTION NO. SJ0009
Right of individual privacy-constitutional amendment.
Sponsored by: Senator(s) Rothfuss, Barlow and Case and Representative(s) Andrew, Provenza, Western and Yin
A JOINT RESOLUTION
for
A JOINT RESOLUTION proposing to amend the Wyoming Constitution to provide for a right of individual privacy.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING, two-thirds of all the members of the two houses, voting separately, concurring therein:
Section 1. The following proposal to amend Wyoming Constitution, Article 1, by creating a new Section 40 is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:
Article 1, Section 40. Right of privacy.
The right of individual privacy is essential to the well-being of a free society and shall not be infringed.
Section 2. That the Secretary of State shall endorse the following statement on the proposed amendment:
The adoption of this amendment will provide that the right of individual privacy is essential to the well-being of a free society and shall not be infringed.
A "right to privacy" is sometimes a code word or spring board to abortion rights. Interstingly, the Senate also has a new joint resolution that would repeal the constitutional provision providing constitutional protections for health care decisions which is the provision that has tied up the trigger law in court.
The terrible idea of having a Constitutional Convetion is back with a resolution providing:
SENATE JOINT RESOLUTION NO. SJ0011
Convention of states.
Sponsored by: Senator(s) Laursen, D, Barlow, Biteman, Brennan, Case, Cooper, Driskill and Kolb and Representative(s) Banks, Berger, Clouston, Davis, Olsen, Singh, Strock and Zwonitzer, Dn
A JOINT RESOLUTION
for
A JOINT RESOLUTION requesting Congress to call a convention for proposing amendments to the United States Constitution as specified.
WHEREAS, the framers of the Constitution of the United States empowered state legislatures to be guardians of liberty against future abuses of power by the federal government; and
WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and
WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, many of which are unfunded mandates; and
WHEREAS, the federal government has ceased to operate under a proper interpretation of the Constitution of the United States; and
WHEREAS, it is the solemn duty of the states to protect the liberty of the people, particularly for future generations, by proposing amendments to the Constitution of the United States through a convention of the states under Article V of the United States Constitution for the purpose of restraining these and related abuses of power.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:
Section 1. That the Legislature of the State of Wyoming hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the several states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for federal officials and members of Congress.
Section 2.
(a) That the Legislature of the State of Wyoming adopts the application made under Section 1 of this joint resolution expressly subject to the following reservations, understandings and declarations:
(i) An application to the Congress of the United States to call a convention of the several states pursuant to Article V of the United States Constitution for the purpose of proposing amendments to the Constitution confers no power to Congress other than the power to call the convention. The power of Congress to exercise this ministerial duty consists solely of the authority to name a reasonable time and place for the initial meeting of a convention;
(ii) Congress shall call an amendment convention of the states only upon the receipt of applications for an amendment convention for the substantially same purpose as this application from two-thirds (2/3) of the legislatures of the several states;
(iii) Congress does not have the power or authority to determine any rules for the governing of an amendment convention of the several states called pursuant to Article V of the United States Constitution. Congress does not have the power to set the number of delegates to be sent by any state to a convention nor does it have the power to name delegates to a convention. The power to name delegates remains exclusively within the authority of the legislatures of the several states;
(iv) By definition, a convention of the states to propose amendments to the United States Constitution means that states shall vote on the basis of one (1) state, one (1) vote;
(v) A convention of the several states to propose amendments to the Constitution convened pursuant to this application shall be limited to consideration of the topics specified in this joint resolution and no other. This application is made with the express understanding that an amendment that in any way seeks to amend, modify or repeal any provision of the Bill of Rights shall not be authorized for consideration in any manner;
(vi) Pursuant to Article V of the United States Constitution, Congress may determine whether proposed amendments shall be ratified by the legislatures of the several states or by special state ratification conventions. The Legislature of the State of Wyoming recommends that Congress select ratification by the legislatures of the several states; and
(vii) The Legislature of the State of Wyoming may provide further instructions to its delegates and may recall its delegates at any time for a breach of a duty or a violation of the instructions provided to the delegates.
Section 3. That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two‑thirds (2/3) of the several states have made applications on the same subject.
Section 4. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress, to the Wyoming Congressional Delegation and to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.
In their imaginations, conservatives always imagine such a convention doing conservative things, when in reality there's no restraint on constitutional conventions and it would be just as likely to do things they'd hate, such as eliminate the 2nd Amendment or highly redefine it.
The resolution which proposed to phase out electric cars in Wyoming, which was merely a resolution, not a bill proposing a law, has received national press attention which has accordingly made the state and its residents, or at least its legislature, look like idiots.
Thankfully, the Missouri revision of its legislative dress code for women is gaining national attention as well, and somewhat taking away the "you have to be kidding" sort of attention that such matters result in. Having said that, presenting bills such as this which are supposed to serve the purpose basically of poking another governmental body in the eye, should be really well thought out before actually introduced, as when they backfire, as this one now has the results are embarrasing.
January 19, 2023
Rep. Ward has revealed she determined to the legislation prevening private businesses from requiring entrants to wear masks upon entering a community health care facility to obtain a sports physical for one of her daughters. They immediately walked out. She commented that she couldn't believe that this happened in Wyoming in 2022, which shows that she's ignorant of the state she moved into.
January 19, cont:
It was apparently Congress day in Cheyenne. Senator Barasson addressed the Senate:
Senator Barasso quoted the "Cowboy Code" which was created by an Easterner, something that seems to be commonly missed.
Harriet Hageman appeared to address the House.
The early portion of Hageman's address deals with the new rules that the House is operating under, some of which are a restoration of old rules, as is noted.
The back portion is a call for extreme budget cuts. Without saying as much, it would seem that you can take hints that this would include Social Security, but perhaps I'm just reading that into the speech and it isn't there.
It then goes into the legislative session.
I failed to post the earlier State of the State address.
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