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February 26, 2024
The start of week three.
February 27, 2024
Given the huge differences between the House and Senate versions of the budget, a special session is being discussed.
The legislature just passed the halfway mark last Friday.
The much talked about tax restructuring House Bill 203 was heavily amended yesterday so that the $1,000,0000 home value exemption was dropped to $200,000 and the sales tax from 2% to 1%, effectively eliminating the real structure of the bill.
I earlier predicted it would die, and this is, unfortunately, a new bill. It'll still die, but for the overwhelming majority of Wyomingites, all this would do is create a new tax. Changing the $1,000,000 to, perhaps, $500,000 would have made sense, but probably most Wyoming homes now have a $200,000 value.
The Senate passed SF 105 which bans credit card tracking of firearms purchased, a totally non-existent problem that even an interview from a local sporting goods store was baffled about.
February 27, cont:
Not really legislative, but:
Governor Gordon Issues Line-Item Vetoes to Secretary of State’s ESG Investing Rules
CHEYENNE, Wyo. – After careful review of a rules package proposed by Secretary of State Chuck Gray on Environmental, Social, and Governance (“ESG”) investment disclosure and consent, Governor Mark Gordon has determined that parts of the rules go beyond the Secretary’s legal authority. As a result the Governor issued line item-vetoes of portions of the rules.
The Governor has long-opposed any artificial implementation of ESG factors in investment strategies.
“While I agree that ESG investment guidance is improper and misleading, the answer to too much government interference in our lives is not more government,” Governor Gordon said. “No government should have the right to direct people’s personal investment strategies.”
In a letter sent to Secretary Gray, Governor Gordon notes that by law he can only approve rules within the bounds set by statute. In the case of the proposed rules addressing ESG investing, the statute does not allow the government to tell individuals how they must invest their dollars. The consumer protection required by Wyoming and federal law speaks to transparency and disclosure only. Informed consumers should have the freedom to make their own investment choices.
“To be clear, I agree with your efforts to better illuminate investment practice and strategy through disclosure. Properly informed investors are always better able to make good decisions for themselves,” Governor Gordon wrote.
“Our appetite to oppose radical and misguided ESG initiatives in Wyoming does not justify implementing rules beyond the scope of statutory authority or interfering in the personal investment choices of Wyoming citizens. Personal responsibility and liberty are sacred principles that are all too often usurped by government mandate,” he added.
In the letter, the Governor also noted that federal securities laws expressly prohibit state conflicts “in the regulation of (1) federally covered securities, (2) broker dealers, (3) federally covered investment advisors, (4) investment advisor representatives, and (5) securities agents.”
The Governor’s letter to the Secretary of State may be viewed here. A copy of the Governor’s line-item vetoes can be found here.
And:
Secretary Gray Expresses Disappointment in Governor's Line-Item Veto of Rules to Protect Investors from ESG Investments through Increased Disclosure; Secretary Gray Reiterates Need to Protect Investors from Radical ESG Investments
CHEYENNE, WY – On February 27, 2024, Governor Mark Gordon line-item vetoed amendments to Chapters 2, 4, 5, and 10 of the Wyoming Secretary of State’s Securities Rules, which required disclosure and consent to Environmental, Social, and Governance (“ESG”) investment strategies by requiring investment advisers, broker-dealers, and securities agents to disclose to their customers or clients whether they are incorporating a social objective, i.e. whether they are considering social criteria, in the investment or commitment of customer or client funds, and obtain their consent. Following the Governor’s line-item veto, the rules limit the definition of a social objective, and will require written disclosure for some ESG-related investments, but will not require customer or client consent.
“I am disappointed in and disagree with Governor Gordon’s decision to line-item veto key portions of our proposed Securities Rules,” Secretary of State Chuck Gray said in a statement. “From the beginning of this rulemaking, we addressed concerns raised by Governor Gordon. We underwent a thorough public comment period, and fully considered all feedback received. As I wrote previously in my letter dated July 19, 2024, and again in my letter dated January 16, 2024, the Wyoming Uniform Securities Act clearly allows Wyoming to protect customers and clients from the harmful effects of ESG investments. I am disappointed to see the Governor’s rationale has adopted the recycled talking points of the radical left and Wall Street elites, rather than sound legal arguments. We must take concrete, proactive action to protect our state and consumers from the dangers presented by ESG investments maliciously targeting our core industries.”
“Although the Governor’s line-item veto weakened the amount of protections we attempted to provide to customers and clients to protect them from the dangers of ESG investment strategies, I believe the final rules offer a necessary starting point to protect Wyomingites from social ideologues imposing their radical, clown-show agenda on our state.”
Cont:
Passed Senate, on to House:
SENATE FILE NO. SF0094
An act regarding compelled speech and state employers.
Sponsored by: Senator(s) Hutchings, French and Ide and Representative(s) Styvar and Ward
A BILL
for
AN ACT relating to the administration of government; prohibiting the state and its political subdivisions from compelling speech as specified; authorizing a civil remedy; providing an exception to the Wyoming governmental claims act; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑14‑301 is created to read:
ARTICLE 3
COMPELLED OR PROHIBITED SPEECH
9‑14‑301. Compelled speech; civil action.
(a) The state and its political subdivisions shall not compel or require an employee to refer to another employee using that employee's preferred pronouns:
(i) As a condition of continuing or commencing employment or contracting with the state or a political subdivision;
(ii) As a condition to receive a grant, contract, license or other benefit afforded by the state or a political subdivision; or
(iii) Under threat of adverse action by the state or a political subdivision, including but not limited to an adverse employment action, exclusion, sanction or punishment.
(b) Any person aggrieved by a violation of subsection (a) of this section may file a civil action in any court of competent jurisdiction against the state or any political subdivision, and its employees acting in their official capacities, responsible for the violation to recover appropriate relief, including injunctive or declaratory relief, compensatory damages, reasonable attorney fees and court costs.
Section 2. W.S. 1‑39‑104(a) is amended to read:
1‑39‑104. Granting immunity from tort liability; liability on contracts; exceptions.
(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1‑39‑105 through 1‑39‑112 and 9‑14‑301. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1‑39‑120(b). The claims procedures of W.S. 1‑39‑113 apply to contractual claims against governmental entities.
Section 3. This act applies to civil causes of action that are initiated on or after the effective date of this act.
Section 4. This act is effective July 1, 2024.
Passed House, on to Senate, and totally ineffectual due to the Supremacy Clause:
HOUSE BILL NO. HB0036
Natural Resource Protection Act.
Sponsored by: Select Federal Natural Resource Management Committee
A BILL
for
AN ACT relating to protection of constitutional rights; providing a declaration of authority and policy; prohibiting the enforcement of federal rules or regulations regarding federal land management as specified; providing an exception; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑14‑301 through 9‑14‑303 are created to read:
ARTICLE 3
NATURAL RESOURCE PROTECTION ACT
9‑14‑301. Short title.
This article shall be known and may be cited as the "Natural Resource Protection Act."
9‑14‑302. Declaration of authority and policy.
(a) The Natural Resource Protection Act is enacted under the authority of the tenth amendment to the United States constitution and Wyoming's agreement with the United States that the state adopted when it joined the union under the United States constitution's system of dual sovereignty.
(b) The legislature finds and declares:
(i) The federal government shall comply with federal law when administering federal lands;
(ii) The federal government arbitrarily restricting significant amounts of federal lands from public use is contrary to managing federal land under principles of multiple use and sustained yield;
(iii) Any failure by the federal government to abide by the law undermines the rule of law that is vital to our system of government.
9‑14‑303. Prohibiting the enforcement of federal regulation regarding federal land management; penalty.
(a) Upon a determination by the governor, with advice from the attorney general, that an executive order, final rule or regulation of the federal government does not comply with federal laws regarding federal land management and upon providing notice, this state and all political subdivisions of this state shall not use any personnel, funds appropriated by the legislature or any other source of funds that originate within the state of Wyoming to enforce or administer that federal executive order, final rule or regulation. The governor shall not revoke a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful.
(b) Nothing in this act shall limit or restrict a public officer, as defined by W.S. 6‑5‑101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.
Section 2. This act is effective July 1, 2024.
February 28, 2024
The Joint Conference Committee was picked to work out the $1B difference between the House and the Senate budgets. The members are Sens. Dave Kinskey, R-Sheridan, Tim Salazar, R-Riverton, Sens. Anthony Bouchard, R-Cheyenne, Dan Laursen, R-Powell, and Troy McKeown, R-Gillette. Three of the members are extremely conservative.
This signals there's going to be a lot of cutting in the Senate version of the budget.
Chloe's law passed the Senate. The bill bans sexual mutilation of children, something that should simply be overall outright banned.
SENATE FILE NO. SF0099
Chloe's law-children gender change prohibition.
Sponsored by: Senator(s) Bouchard, Biteman, Boner, Brennan, Dockstader, French, Hicks, Hutchings, Ide, Kinskey, Kolb, Laursen, D, McKeown, Salazar and Steinmetz and Representative(s) Andrew, Davis, Heiner, Hornok, Jennings, Knapp, Locke, Neiman, Niemiec, Ottman, Pendergraft, Penn, Rodriguez-Williams, Slagle, Strock, Styvar, Trujillo and Winter
A BILL
for
AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's or health care provider's license; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35‑4‑1001 is created to read:
ARTICLE 10
GENDER‑RELATED PROCEDURES
35‑4‑1001. Gender transitioning and reassignment procedures for children prohibited.
(a) As used in this section:
(i) "Child" means a person who is younger than eighteen (18) years of age;
(ii) "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession;
(iii) "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.
(b) Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall:
(i) Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;
(ii) Perform a mastectomy;
(iii) Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility:
(A) Puberty suppression or blocking prescription drugs to stop or delay normal puberty;
(B) Supraphysiologic doses of testosterone to females;
(C) Supraphysiologic doses of estrogen to males.
(iv) Remove any otherwise healthy or nondiseased body part or tissue.
(c) This section shall not apply to:
(i) Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue;
(ii) Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty.
Section 2. W.S. 33‑21‑146(a)(xi), (xii) and by creating a new paragraph (xiii), 33‑24‑122(a)(intro), (ix) and by creating a new paragraph (xi) and 33‑26‑402(a) by creating a new paragraph (xxxvi) are amended to read:
33‑21‑146. Disciplining licensees and certificate holders; grounds.
(a) The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:
(xi) Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act; or
(xii) Has violated a previously entered board order;. or
(xiii) Has violated W.S. 35‑4‑1001.
33‑24‑122. Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.
(a) The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any one (1) or more of the following causes:
(ix) For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol; or
(xi) For violating W.S. 35‑4‑1001.
33‑26‑402. Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action.
(a) The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:
(xxxvi) Violating W.S. 35‑4‑1001.
Section 3. W.S. 35‑4‑1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.
Section 4. The department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act.
Section 5.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2024.
(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.
The bill restructuring Wyoming's tax system died, as we predicted.
A bill eliminating gun free zones in Wyoming passed the House. My prediction is that it shall die in the Senate.
February 28, cont:
The Senate has voted to defund gender studies and the diversity office at the University of Wyoming. This is not a surprise,
Right wing populist Senator Bob Ide, on the action, stated:
I think we have a real opportunity to set University of Wyoming apart as a grassroots, traditional-value university.
This was done by way of a footnote in the budget, and it's far from certain that the footnote will survive budget resolution.
February 29, 2024
A bill to require abortion clinics to be licensed pass the House and is through a Senate committee. It provides:
HOUSE BILL NO. HB0148
Regulation of surgical abortions
Sponsored by: Representative(s) Lawley, Bear and Washut and Senator(s) Biteman, Boner, Brennan, Hutchings, Salazar and Steinmetz
A BILL
for
AN ACT relating to public health and safety; requiring the licensure of surgical abortion facilities as specified; requiring licensed physicians to perform abortions after an ultrasound; providing criminal penalties for violations; specifying civil liability for damages resulting from abortions; providing definitions; making conforming amendments; 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. 35‑6‑201 through 35‑6‑205 are created to read:
ARTICLE 2
REGULATION OF SURGICAL ABORTIONS
35‑6‑201. Definitions.
(a) As used in this article:
(i) "Abortion" means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one (1) or more unborn babies in a multifetal pregnancy, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn baby. "Abortion" shall not include any use, prescription or means specified in this paragraph if the use, prescription or means are done with the intent to:
(A) Save the life or preserve the health of the unborn baby;
(B) Remove a dead unborn baby caused by spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy; or
(D) Provide treatment for a pregnant woman when a medical procedure or treatment is necessary, based on reasonable medical judgment, to save or preserve the life of the pregnant woman.
(ii) "Hospital" means those institutions licensed by the Wyoming department of health as hospitals;
(iii) "Physician" means any person licensed to practice medicine in this state;
(iv) "Pregnancy" or "pregnant" means the human female reproductive condition of having a living unborn baby or human being within a human female's body throughout the entire embryonic and fetal stages of the unborn human being from fertilization to full gestation and childbirth;
(v) "Reasonable medical judgment" means a medical judgment that would be made or a medical action that would be undertaken by a reasonably prudent, qualified physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(vi) "Surgical abortion" means an induced abortion performed or attempted through use of a machine, medical device, surgical instrument or surgical tool, or any combination thereof, to terminate the clinically diagnosable pregnancy of a woman with knowledge and the intent that the termination by those means will cause, with reasonable likelihood, the death of the unborn child;
(vii) "Surgical abortion facility" means any facility, other than a hospital, that provides a surgical abortion to a woman and performs not less than three (3) first‑trimester surgical abortions in any one (1) month or not less than one (1) second‑trimester or third‑trimester surgical abortion in any one (1) year.
35‑6‑202. Surgical abortion facilities; licensure requirement; prohibitions; penalties.
(a) Each surgical abortion facility in Wyoming shall be licensed as an ambulatory surgical center in accordance with W.S. 35‑2‑901 through 35‑2‑914 and the rules of the department of health. Each surgical abortion facility performing surgical abortions shall have a separate license.
(b) No surgical abortion facility shall provide surgical abortions to any pregnant woman without first being licensed as an ambulatory surgical center.
(c) Each surgical abortion facility shall comply with all rules of the department of health concerning the operation and regulation of ambulatory surgical centers. No license issued to a surgical abortion facility shall be transferable or assignable to any other person or facility.
(d) Each licensed physician performing at least one (1) surgical abortion at a surgical abortion facility shall:
(i) Report each surgical abortion to the department of health and shall attest in the report that the physician is licensed and in good standing with the state board of medicine;
(ii) Submit documentation in a form and frequency required by the department of health that demonstrates that the licensed physician has admitting privileges at a hospital located not more than ten (10) miles from the abortion facility where the licensed physician is performing or will perform surgical abortions.
(e) Any person who violates this section shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00). Each calendar day in which a violation of this section occurs or continues is a separate offense.
35‑6‑203. Abortion facilities; surgical abortions; requirements; rulemaking.
(a) Any surgical abortion performed at a surgical abortion facility in the state shall only be performed by a physician licensed in the state of Wyoming.
(b) Any person who performs in the state any surgical abortion at a surgical abortion facility in violation of subsection (a) of this section is guilty of a felony punishable by imprisonment for not less than one (1) year nor more than fourteen (14) years.
(c) No person shall perform a surgical abortion at a surgical abortion facility in Wyoming who is not a licensed physician with admitting privileges at a hospital located not more than ten (10) miles from the abortion facility where the surgical abortion is performed.
(d) Any person who violates subsection (c) of this section or if a pharmacist or physician violates W.S. 35‑6‑205 shall be guilty of a misdemeanor punishable by a fine of one thousand dollars ($1,000,00). For purposes of this subsection, each surgical abortion at a surgical abortion facility shall constitute a separate offense of subsection (c) of this section.
(e) The department of health shall promulgate rules necessary to regulate surgical abortion facilities as ambulatory surgical centers under W.S. 35‑2‑901 through 35‑2‑914, provided that the rules:
(i) Applicable to surgical abortion facilities are not less stringent than those rules applicable to ambulatory surgical centers;
(ii) Provide for the physical inspection of surgical abortion facilities by the department of health every three (3) years.
35‑6‑204. Applicability; effect.
If any provision of this article conflicts with the Life is a Human Right Act or W.S. 35‑6‑139, the provisions of the Life is a Human Right Act and W.S. 35‑6‑139 shall control over this article to the extent that the Life is a Human Right Act and W.S. 35‑6‑139 are enforceable.
35‑6‑205. Abortion facilities; licensure requirements verification; prohibitions; penalties.
Not less than forty‑eight (48) hours before a pregnant woman procures the drugs or substances for a chemical abortion, before a physician or pharmacist dispenses the drugs or substances necessary for a chemical abortion or before a pregnant woman undergoes a surgical abortion, the physician or pharmacist shall ensure that the pregnant woman receives an ultrasound in order to determine the gestational age of the unborn child, to determine the location of the pregnancy, to verify a viable intrauterine pregnancy and to provide the pregnant woman the opportunity to view the active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible. The provider of the ultrasound shall provide the pregnant woman with a document that specifies the date, time and place of the ultrasound.
Section 2. W.S. 35‑2‑901(a)(ii) is amended to read:
35‑2‑901. Definitions; applicability of provisions.
(a) As used in this act:
(ii) "Ambulatory surgical center" means a facility which provides surgical treatment to patients not requiring hospitalization and is not part of a hospital or offices of private physicians, dentists or podiatrists. "Ambulatory surgical center" shall include any surgical abortion facility as defined by W.S. 35‑6‑201(a)(vii);
Section 3.
(a) Nothing in this act shall be construed as creating an individual right to abortion.
(b) It is the intent of the legislature that this act shall not be construed as holding abortion as lawful in the state pending a decision from a court of competent jurisdiction on the current state of the law.
(c) It is the intent of the legislature that this act shall not recognize or define abortion as a health care decision under Article 1, section 38 of the Wyoming Constitution.
Section 4. The department of health shall promulgate all rules necessary to implement 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.
This may seem like an odd bill in that the legislature has outlawed abortion already, although the disposition of that law is in peril due to a poorly thought out paranoid Wyoming Constitutional amendment that was aimed at the fictional threat of Obamacare "death panels", a good example of paranoia in operation combined with the Law of Unintended Consequences. Those who backed that law should be ashamed of themselves. Anyhow, this bill seeks to regulate infanticide abattoirs if they're allowed to exist, and during the period in which the issue is pending in what seems like a glacially slow Teton County proceeding.
It might be questioned why no effort has been made to repeal the silly Obamacare Paranoia Amendment, but none has. Probably "They're Going To Make Me Vaccinate" paranoia has something to do with that.
March 1, 2024
A bill to relocate bighorn sheep from Sweetwater Rocks has gotten through a House Committee after passing the Senate. The measure is designed to protect domestic sheep.
SENATE FILE NO. SF0118
Bighorn and domestic sheep relocation-federal action.
Sponsored by: Senator(s) Hicks and Representative(s) Western
A BILL
for
AN ACT relating to wildlife and livestock; providing legislative findings; requiring the game and fish department to relocate or remove bighorn sheep from the Sweetwater Rocks cooperative review area in response to specified federal action; providing for the reimbursement of costs for relocation or removal of bighorn sheep; requiring and authorizing attorney general action as specified; amending the duties of the wildlife/livestock research partnership board; providing appropriations; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 11‑19‑605 is created to read:
11‑19‑605. Wyoming bighorn/domestic sheep relocation and removal; legislative findings; reimbursement; attorney general action.
(a) The legislature finds and declares that it is the state's policy to vigorously defend its interests in maintaining and enhancing viable livestock grazing operations on public lands in conjunction with the conservation and maintenance of healthy bighorn sheep populations in the state of Wyoming. These two (2) policies are mutually compatible as demonstrated since the adoption of the collaboratively developed Wyoming bighorn/domestic sheep plan in 2004, which was codified into law under W.S. 11‑19‑604 in 2015. The legislature further finds and declares that:
(i) Reintroduction of bighorn sheep and management action to protect existing populations of bighorn sheep on federal public lands has been effectively accomplished in conformance with the Wyoming bighorn/domestic sheep plan;
(ii) All wildlife in the state of Wyoming is the property of the state, and it is the policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife;
(iii) Any removal of bighorn sheep from the Sweetwater Rocks cooperative review area under this act shall not be attributable to domestic livestock grazing on federal bureau of land management administered lands. Rather, the removal of bighorn sheep shall be directly attributable to:
(A) Onerous federal regulation that unduly impedes the state of Wyoming's ability to manage wildlife and domestic livestock grazing in conformance with the Wyoming bighorn/domestic sheep plan;
(B) Third‑party litigation designed to use bighorn sheep as a means of eliminating domestic livestock grazing on bureau of land management administered lands in and adjacent to the Sweetwater Rocks cooperative review area.
(iv) The provisions of this section shall be enforced by the state.
(b) In conformance with the Wyoming bighorn/domestic sheep plan in W.S. 11‑19‑604 and pursuant to W.S. 23‑1‑103, the game and fish department shall relocate or remove bighorn sheep from the Sweetwater Rocks cooperative review area if any federal judicial action or federal agency action requires or could require the following:
(i) The elimination or suspension of domestic sheep grazing or trailing; or
(ii) Any changes to a United States bureau of land management resource management plan, grazing allotments or livestock grazing agreements due to the presence of bighorn sheep in the Sweetwater Rocks cooperative review area or any adjacent grazing allotment that is not in a designated bighorn sheep herd unit after July 1, 2024 without the consent of the grazing permittee.
(c) Any relocation or removal of bighorn sheep from the Sweetwater Rocks cooperative review area required by subsection (b) of this section shall commence as soon as practicable but not later than six (6) months after the Wyoming department of agriculture certifies to the governor that a condition specified in subsection (b) of this section is met. The governor shall notify the game and fish department that the removal of bighorn sheep from the Sweetwater Rocks cooperative review area shall commence in accordance with this section.
(d) The game and fish department shall be responsible for the expedient removal of bighorn sheep that stray outside the Sweetwater Rocks cooperative review area if that straying or foray is not into another designated herd unit.
(e) The state and its agencies shall coordinate and assist the Wyoming congressional delegation in pursuing changes to federal law, rules and policies in order to bring them into conformance with the Wyoming bighorn/domestic sheep plan created under W.S. 11‑19‑604.
(f) The Wyoming game and fish department shall not seek to change, alter or otherwise affect changes to domestic livestock grazing authorization on public and state lands due to the presence of bighorn sheep in the Sweetwater Rocks cooperative review area or adjacent grazing allotments that are not within an existing bighorn sheep herd unit.
(g) The game and fish department shall be reimbursed for the costs of relocation or removal of bighorn sheep pursuant to subsection (b) of this section from any available funds in the wildlife/livestock disease research partnership account created by W.S. 11‑19‑603.
(h) With the approval of the governor, the attorney general shall seek to intervene in any lawsuit if a federal action is contrary to the state's policy regarding Wyoming bighorn/domestic sheep set forth in subsection (a) of this section or that is inconsistent with the Wyoming bighorn/domestic sheep plan.
(j) With the approval of the governor, the attorney general shall file an action against any federal agency to stop the enforcement, administration or implementation of any federal agency rule, instructional memo, handbook or other action taken by a federal agency if the rule, instructional memo, handbook or other action is contrary to the Wyoming bighorn/domestic sheep plan or is otherwise contrary to law.
Section 2. W.S. 11‑19‑602(b) by creating a new paragraph (vii) and 11‑19‑603 are amended to read:
11‑19‑602. Wyoming wildlife/livestock disease research partnership board created; membership; duties; purposes.
(b) The board shall:
(vii) Allocate funds for monitoring, tracking and conducting disease surveillance before and following the introduction of bighorn sheep in the Sweetwater Rocks cooperative review area.
11‑19‑603. Account created.
There is created a wildlife/livestock disease research partnership account. Funds from this account shall be used only for purposes specified in W.S. 11‑19‑601 through 11‑19‑604 11‑19‑605. Any interest earned on the account shall remain within the account.
Section 3.
(a) There is appropriated one hundred thousand dollars ($100,000.00) from the general fund to the wildlife/livestock disease research partnership account for purposes of reimbursing the game and fish department for the costs of relocation or removal of bighorn sheep under this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2030. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2030.
(b) There is appropriated fifty thousand dollars ($50,000.00) from the general fund to the department of agriculture for the rangeland health assessment program to conduct rangeland monitoring of the United States bureau of land management grazing allotments in or adjacent to the Sweetwater Rocks bighorn sheep cooperative review area. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2030. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2030.
Section 4. This act is effective July 1, 2024.
The area is near Agate Flats in Fremont County.
March 1, cont:
Governor Gordon Signs First Bills of 2024 Legislative Session
CHEYENNE, Wyo. – Governor Mark Gordon signed the first bills of the 2024 Legislative session at the Capitol today.
The first bill to be signed by the Governor was Senate File 0004 Rehiring retired firefighters-continued retirement benefits. Sponsored by the Joint Labor, Health and Social Services committee, the bill allows retired firefighters to be rehired while continuing to receive retirement benefits, including a pension.
The Governor signed the following bills into law today:
Enrolled Act # Bill No. Bill Title
SEA0001 SF0017 Plane coordinates system-amendments.
SEA0002 SF0015 Acceptance of retrocession-federal military installations.
SEA0003 SF0004 Rehiring retired firefighters-continued retirement benefits.
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