While the old thread here was long, it wasn't so long that I couldn't have added to it.
I'm not, as I want to point out yet another land grabbing effort by certain members of the legislature, this time with Senate File 110.
The bill, which was principally the work of a dedicated opponent of Federal lands in Utah who is now a member of an organization that is involved in this topic, seeks to determine the "fair market value" of the Federal lands in Wyoming, ostensibly for the purpose of demanding that the Federal Government compensate the State for lost tax revenues.
It won't stay at that.
There's a section of the legislature that has its ears to the mouths of a very small minority of those in the state who really have a desire to have the Federal Government turn over to the state that which the State disavowed when it became a state, those Federal lands within the State.
Federal lands make the state what it is. If they're lost to the Federal government they'll soon be lost to Wyomingites, as the state never saw a parcel of land that it didn't think it should sell.
Moreover, this would be the death of ranching and mineral exploration in the state even if the lands didn't change hands, something the legislators who are voting for this bill seem to have missed. If the lands are worth more than the Federal government compensates us for, and we know their exact value, well then grazing leases ought to cost more, and oil and gas leases ought to cost more. Everything ought to cost more, in fact.
The time has really come for this to cease.
Some prior threads of interest:
A second look at one of this season's bad political ideas. "Taking back" the Federal land
Holding meetings and flat out ignoring the comments
Lex Anteinternet: The 2018 Wyoming Legislative Session. At What Point Is Enough, Enough?
A Legislative Session to watch and the dynamics and culture of trying to grab the public lands.
Lex Anteinternet: "This land is my land, but shouldn't be your land"...
Getting a clue
Lex Anteinternet: Rally for Public Lands, Casper Wyoming, November 5, 2016
Exposing the foolishness of transfering the public lands
Proposed land swap comes under fire for restricting public access
It's worth noting, by the way, that these threads go back to 2014. Enough of this is enough. Legislators are flat out ignoring their constituents on this one.
The bill:
SENATE FILE NO. SF0110
Evaluating the tax equivalency of federal land in Wyoming.
Sponsored by: Senator(s) Steinmetz, Agar, Biteman, Dockstader, Driskill and Hutchings and Representative(s) Jennings, Lindholm, Olsen, Piiparinen, Sommers and Tass
A BILL
for
AN ACT relating to public lands; requiring a study to evaluate federal payments in lieu of taxes and to appraise the value of federally held lands in Wyoming; authorizing the use of consultants; requiring reports; defining terms; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
(a) As used in this section:
(i) "Federal land" means any land within the state of Wyoming that is owned, held or controlled by the United States government or any agency, department or subdivision thereof. "Federal land" shall not include:
(A) Any federal military installation;
(B) Any federal enclave created under article I, section 8, clause 17 of the United States Constitution;
(C) Land within the limits of any Indian reservation as provided in 18 U.S.C. § 1151.
(ii) "Payments in lieu of tax" means payments made by the United States government to the state of Wyoming or a county, municipality or school district in Wyoming. "Payments in lieu of tax" shall include:
(A) Payments for entitlement land as provided in 31 U.S.C. §§ 6901 through 6907;
(B) Impact aid payments as provided in 20 U.S.C. §§ 7701 through 7714.
(b) Not later than November 1, 2021, the office of state lands and investments shall study the impact on the failure of the United States government to make payments in lieu of tax that are equivalent to the property tax revenue that the state of Wyoming would otherwise generate from lands under federal ownership or control within Wyoming. The office shall evaluate and appraise all federal lands in Wyoming in real time to determine the fair taxable value of all federal lands in Wyoming.
(c) The office of state lands and investments shall work with professional consultant experts to complete the study required under this section. The office shall retain professional consulting experts for the purposes of this act.
(d) As part of the study required under this section, the office of state lands and investments shall:
(i) Hold at least one (1) public meeting to accept testimony from representatives of each United States senator and representative elected from Wyoming, any state agency, county, municipality, political subdivision and school district and any other interested party impacted by the United States government's failure to make payments in lieu of tax that are equivalent to the property tax revenue that federal lands would generate;
(ii) Compile data necessary to conduct the real‑time appraisal required under subsection (b) of this section. The office of state lands and investments shall collect, provide and update information and data as requested by professional consultant experts working with the office. Other state agencies and counties shall prepare, collect, provide and update information and data as requested by the office of state lands and investments and professional consultant experts working with the office.
(e) For the period beginning with the effective date of this act and ending November 1, 2021, the office of state lands and investments shall report quarterly to the joint agriculture, state and public lands and water resources interim committee on the progress of the study required by this section. The first quarterly report shall be submitted not later than June 30, 2020. Each subsequent quarterly report shall be submitted to the committee not later than the final calendar day of each calendar quarter. The office shall submit a final report to the joint agriculture, state and public lands and water resources interim committee not later than November 1, 2021 on the results of the study required by this section.
(f) The joint agriculture, state and public lands and water resources interim committee may coordinate with each United States senator or representative elected from Wyoming to secure payments in lieu of tax that are equivalent to the property tax revenue that the state would otherwise generate from lands under federal ownership or control within Wyoming.
(g) The joint agriculture, state and public lands and water resources interim committee may sponsor any legislation necessary to complete the study required by this section. The committee may sponsor any legislation in response to the results of the study required by this section.
(h) Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9‑4‑207, five hundred thousand dollars ($500,000.00) of the unexpended, unobligated monies appropriated from the legislative stabilization reserve account to the office of the governor under 2018 Wyoming Session Laws, Chapter 134, Section 331(h) shall revert and is appropriated to the office of state lands and investments for expenses associated with any consulting services procured by the office as provided by this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2022. It is the intent of the legislature that this appropriation not be included in the office's standard budget for the immediately succeeding fiscal biennium.
(j) Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9‑4‑207, two million dollars ($2,000,000.00) of the unexpended, unobligated monies appropriated from the legislative stabilization reserve account to the office of the governor under 2018 Wyoming Session Laws, Chapter 134, Section 331(h) shall revert and is appropriated to the office of state lands and investments for expenses associated with any licensing or subscription fees for software associated with the appraisals conducted pursuant to this act. Of this appropriation, not more than four hundred thousand dollars ($400,000.00) shall be expended in any one (1) fiscal year. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026. It is the intent of the legislature that this appropriation not be included in the office's standard budget for the immediately succeeding fiscal biennium.
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.
On a somewhat related note, another bill is pending to seek to amend the state's constitution so that a super-majority isn't needed in order to introduce legislation during a budget session.
Way over 100 bills were introduced this session. This bill isn't needed, it should be stopped. When Wyoming went to the current system in 1970 the idea was that legislation really could wait to be considered every other year.
It can be.
February 27, 2020, part two.
One thing I should have noted above is that we're now in the era of canned bills, and that's really influencing what we're seeing in the legislature.
By "canned bills" what I mean is pre drafted bills put together by organizations with an agenda. Legislators go to conferences put on by these groups and the bills are therefore the taking.
In recent years political organizations, ie., groups that have a political agenda, have become back scene successes in Wyoming. This is so much the case that one old legislator I know told me that it saddened him to see Wyoming's legislature being bought, which is how he viewed it. He is a reasoned fellow so his lament shouldn't be lightly dismissed.
What he meant is that organizations with a lot of money were now having an outsize influence in the state. Indeed, we've seen the situation in which certain agendas seem to have become very prominent and local state organizations are left scrambling, year after year, to address them.
Part of this involves the pre drafted canned bill. These organizations have nationwide agendas and can hire lawyers to draft bills that they hand out everywhere where they might have an application. This means that the hard work of drafting a bill, and it isn't easy, has already been done by somebody else.
There's likely nothing that can be done about this, but perhaps some effort should be made to shed a little light on where the bills ultimately come from. On Senate File 110 I'm unaware of the back story to it, other than to the extent it was published in the Tribune, but its prime mover does seem to be a former Utah legislator who backed a similar bill in Utah, and whose efforts more recently bore fruit in Idaho for the same sort of bill. As noted, Utah is the epicenter of the grabbing back movement, although even there it isn't universally approved of. A Utah Congressman who was a big backer of such things met with a really hostile reaction from his constituents last time he backed such a bill and in the end thought it wiser to not run again.
________________________________________________________________________________
February 28, 2020
And SF110 passed its third reading. Here's the breakdown of the votes:
Vote recorded: 2/27/2020 4:44PM
Ayes: AGAR, BEBOUT, BITEMAN, BONER, BOUCHARD, DOCKSTADER, DRISKILL, ELLIS, GIERAU, HICKS, HUTCHINGS, JAMES, KINSKEY, MONIZ, NETHERCOTT, ROTHFUSS, SCOTT, STEINMETZ
Nays: ANDERSON, ANSELMI-DALTON, BALDWIN, CASE, COE, KOST, LANDEN, PAPPAS, PERKINS, SCHULER, VON FLATERN, WASSERBURGER
In other legislative news, a bill that would require train crews to be no less than two passed.
________________________________________________________________________________
February 29, 2020
The hotel lodging bill which would impose a statewide lodging tax which would support the state's tourism industry passed and is on its way to the Governor's desk.
This is a bill that's been worked on for a long time and which previously met opposition from the hotel industry, but which was supported this time by the tourism industry.
A prior thread on tourism as a feature of Wyoming's economy:
Lex Anteinternet: Issues In the Wyoming Election. A Series. Issue No. 1 (d). The Economy again. . . Tourism. The fragile leg of the stool
The House passed a bill to create a state gaming commission, widely seen as a bill that would legalize gambling statewide. It provides:
HOUSE BILL NO. HB0171
Wyoming gaming commission.
Sponsored by: Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee
A BILL
for
AN ACT relating to gaming; generally amending statutes concerning pari-mutuel events, gaming and gambling; reconstituting the pari-mutuel commission as the Wyoming gaming commission and increasing membership; establishing duties for the commission; regulating skill based amusement games as specified; authorizing skill based amusement game fees, collections and distributions as specified; creating an account; authorizing commission employees to be peace officers and authorizing enforcement by the attorney general as specified; providing penalties; providing applicability; requiring rulemaking; making conforming amendments; requiring a report; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
(a) Notwithstanding W.S. 6‑7‑102, skill based amusement games operating in the state prior to January 1, 2020 shall be allowed to continue operation until June 30, 2021 in accordance with the requirements of this section.
(b) Any skill based amusement game that does not meet the requirements of this section shall be removed from the state.
(c) Within sixty (60) days of the effective date of this section a skill based amusement game that meets the requirements of this section shall be approved by the commission to continue operating in the state or it shall be removed from the state.
(d) Each operator shall provide for a nationally recognized, independent gaming laboratory approved by the commission to directly submit to the commission a general functional evaluation laboratory report regarding the software installed on each skill based amusement game indicating whether the skill based amusement game is in compliance with this section. Any skill based amusement game that does not meet the requirements of this section as indicated by the laboratory report shall immediately be removed from the state.
(e) Skill based amusement games that meet the requirements of this section shall bear a commission issued decal that identifies the operator of the game. No skill based amusement game shall be operational unless it bears a commission issued decal. The commission shall charge a fee of fifty dollars ($50.00) for a decal. Each decal shall include the bucking horse and rider emblem. Fees collected shall be deposited to the commission gaming account, which is hereby created. For the period from the effective date of this section through June 30, 2021, funds within the account are continuously appropriated to the commission to pay for reasonable expenses incurred to administer this section.
(f) No skill based amusement game shall allow a game play of more than three dollars ($3.00) per play.
(g) No skill based amusement game shall allow a payout of more than three thousand dollars ($3,000.00) per play.
(h) No establishment shall have more than four (4) skill based amusement games at any one (1) time. Only an establishment that had a skill based amusement game operating within the establishment as of January 1, 2020 may continue to have a skill based amusement game operating pursuant to this section.
(j) An establishment shall not locate a skill based amusement game in an area of the establishment into which a person under the age of twenty‑one (21) years may enter. An establishment shall conspicuously mark each area of the establishment with a skill based amusement game as an "age restricted area." The establishment shall not allow a person under the age of twenty‑one (21) years to play a skill based amusement game.
(k) An establishment shall pay the commission a fee of two hundred fifty dollars ($250.00) to continue to have skill based amusement games in the establishment until June 30, 2021. Operators of skill based amusement games shall pay the commission a fee of two thousand five hundred dollars ($2,500.00) to operate skill based amusement games until June 30, 2021. Fees paid pursuant to this subsection shall be deposited into the commission gaming account.
(m) Taxes shall be calculated and paid on a weekly basis based on the gross income earned during the prior week on skill based amusement games. On a weekly basis, an operator shall remit to the commission an amount equivalent to twenty percent (20%) of the gross income earned during the prior week on the operator's skill based amusement games. The commission shall deposit these monies to the commission gaming account. The commission shall report on amounts received under this subsection to the joint appropriations committee quarterly.
(n) The commission may promulgate any necessary rules to implement and administer this section.
(o) This section shall not apply to pari‑mutuel wagering on events that have previously occurred.
(p) As used in this section:
(i) "Commission" means the commission created under W.S. 11‑25‑101;
(ii) "Establishment" means a single physical place of business;
(iii) "Gross income" means all revenue less payment of winnings;
(iv) "Manufacturer" means a person engaged in the business of constructing or procuring skill based amusement games and selling or leasing skill based amusement games and software to operators;
(v) "Operator" means a person that possesses and operates skill based amusement games for profit;
(vi) "Skill based amusement game" means a game played in exchange for consideration of cash, credit or other thing of value on a fixed, commercial electrical gaming device in which the bona fide skill of the player, determined by an individual's level of strategy and skill, rather than any inherent element of chance, is the primary factor in determining the outcome and for which the player may be awarded a prize or other thing of value for a successful outcome.
(q) Any person who violates any provision of this section is guilty of a misdemeanor and shall be fined not more than ten thousand dollars ($10,000.00), imprisoned for not more than six (6) months, or both.
(r) This section is repealed effective July 1, 2021.
Section 2. W.S. 6‑1‑104(a)(vi)(P) and by creating a new subparagraph (R), 6‑7‑101(a)(iii)(A), (D)(I), (F)(intro), by creating a new subparagraph (M) and by creating a new paragraph (xiii), 7‑2‑101(a)(iv)(N) and by creating a new subparagraph (P), 7‑19‑201(a)(vi), 9‑1‑627(d), 9‑2‑2008(e)(xiii), 11‑25‑101, 11‑25‑102(a)(ii) and by creating a new paragraph (xv), 11‑25‑103, 11‑25‑104(a), (e) and by creating new subsections (n) and (o), 11‑25‑105(b)(ii) through (iv) and 11‑25‑112 are amended to read:
6‑1‑104. Definitions.
(a) As used in this act, unless otherwise defined:
(vi) "Peace officer" includes the following officers assigned to duty in the state of Wyoming:
(P) Any superintendent, assistant superintendent or full‑time park ranger of any state park, state recreation area, state archeological site or state historic site who has qualified pursuant to W.S. 9‑1‑701 through 9‑1‑707, when acting within the boundaries of the state park, state recreation area, state archeological site or state historic site or when responding to a request to assist other peace officers acting within the scope of their official duties in their own jurisdiction; and
(R) Any person qualified pursuant to W.S. 9‑1‑701 through 9‑1‑707 and employed by the Wyoming gaming commission when engaged in the performance of that person's duties.
6‑7‑101. Definitions.
(a) As used in this article:
(iii) "Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include any of the following:
(A) Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entries. This exception shall not include skill based amusement games;
(D) Bingo games conducted, or pull tabs sold, by charitable or nonprofit organizations where the tickets for the bingo are sold only in this state and the pull tabs are sold only on the premises owned or occupied by the charitable or nonprofit organization provided that:
(I) Bingo games and pull tab games shall only be conducted by charitable or nonprofit organizations, which have been in existence in this state for at least three (3) years and, commencing July 1, 2020, are licensed by the Wyoming gaming commission under W.S. 11‑25‑104(n) to conduct bingo or pull tab games;
(F) Calcutta wagering on contests or events conducted by a bona fide nationally chartered veterans', religious, charitable, educational or fraternal organization or nonprofit local civic or service club organized or incorporated under the laws of this state and, commencing July 1, 2020, licensed by the Wyoming gaming commission under W.S. 11‑25‑104(n) to conduct calcutta wagering on contests or events, provided that:
(M) Activities authorized by the Wyoming gaming commission pursuant to law.
(xiii) "Skill based amusement game" means a game played in exchange for consideration of cash, credit or other thing of value on a fixed, commercial electrical gaming device in which the bona fide skill of the player, determined by an individual's level of strategy and skill, is a factor in determining the outcome and for which the player may be awarded a prize or other thing of value for a successful outcome.
7‑2‑101. Definitions.
(a) As used in W.S. 7‑2‑101 through 7‑2‑107:
(iv) "Peace officer" means:
(N) The director and full‑time staff instructors of the Wyoming law enforcement academy when duly appointed and acting pursuant to W.S. 9‑1‑633(b); and
(P) Any person qualified pursuant to W.S. 9‑1‑701 through 9‑1‑707 and employed by the Wyoming gaming commission when engaged in the performance of that person's duties.
7‑19‑201. State or national criminal history record information.
(a) The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:
(vi) Persons applying for a permit or license under W.S. 11‑25‑104(f) or if otherwise required under title 11, chapter 25 of the Wyoming statutes;
9‑1‑627. Authority to compile, disseminate and exchange information; immunity; access to information limited; security precautions.
(d) Access to criminal history record information is available to the Wyoming pari‑mutuel gaming commission as provided for by W.S. 11‑25‑104(k) law. The commission shall take reasonable security precautions to prevent unauthorized persons from gaining access to criminal history record information in accordance with rules and regulations established by the Wyoming division of criminal investigation. For the purpose of this subsection "criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre‑trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files of statistical records and reports in which individual identities are not ascertainable.
9‑2‑2008. Department of administration and information created; director appointed; structure.
(e) The following functions or programs shall be transferred from the department of commerce to the department of administration and information under a Type 3 transfer:
(xiii) Pari‑mutuel Gaming commission;
11‑25‑101. Wyoming gaming commission created; composition; qualifications.
The Wyoming pari‑mutuel gaming commission is created to be composed of seven (7) nine (9) persons who have resided in the state for four (4) years and are qualified electors of Wyoming.
11‑25‑102. Definitions.
(a) As used in this act:
(ii) "Commission" means the Wyoming pari‑mutuel gaming commission;
(xv) "Net proceeds" means all revenue less the payment to the player.
11‑25‑103. Gaming commission; appointment, terms of office and political affiliation of members; vacancies; appointment districts.
The governor with the consent of the senate shall appoint the seven (7) nine (9) members of the commission in accordance with W.S. 28‑12‑101 through 28‑12‑103. One (1) member Seven (7) of the nine (9) members shall be appointed from each appointment district under W.S. 9‑1‑218. One (1) of the remaining members shall be, at the time of appointment and during the term of appointment, an active county or municipal law enforcement officer certified under title 9, chapter 1, article 7 of the Wyoming statutes. Members shall be appointed for terms of four (4) years and until their successor is appointed and qualified. Any vacancy shall be filled by appointment by the governor as provided in W.S. 28‑12‑101. A member of the commission may succeed himself for one (1) full four (4) year term. The governor may remove any member as provided in W.S. 9‑1‑202. Additionally, one (1) senator appointed by the president of the senate, one (1) representative appointed by the speaker of the house and one (1) gubernatorial representative shall serve as liaisons to the commission. Legislative liaisons shall be paid salary, per diem and mileage as provided in W.S. 28‑5‑101 when attending meetings of the commission.
11‑25‑104. Gaming commission; officers; director; meetings; quorum; records; licenses generally; effect of financial interest in events.
(a) The commission shall annually elect from its membership a president and vice‑president, and may employ a director who has a working knowledge of pari‑mutuel betting, and horse racing and other forms of gaming regulated by the commission or an executive secretary, or both. The director may be retained on a yearly basis or for the racing season only as determined by the commission. Salary for the director or executive secretary shall be determined by the commission with the consent of the personnel division. The commission may also employ other personnel required to carry out this act.
(e) The commission shall authorize by permits license or permit and supervise all the conduct of all events provided for and regulated by this act., and The commission shall make reasonable rules and regulations for the control, supervision and direction of applicants, permittees, including regulations providing and licensees. The rules shall include procedures for resolving scheduling conflicts and settling disputes between permittees, and for the supervising, disciplining, suspending, fining and barring from pari‑mutuel events of all persons required to be licensed or permitted by this act, and for the holding, conducting and operating of all pari‑mutuel events conducted pursuant to this act. The commission may require that license applicants be fingerprinted for identification purposes as a condition of licensing. The commission shall announce the place, time and duration of pari‑mutuel events for which license or permit fees shall be required and establish reasonable fees for all licenses and permits provided for by this act. The fees shall be established to ensure that the costs of administering this act are recovered through the total revenues received under this act. The commission shall establish security access safeguards for licensees to use for advance deposit pari‑mutuel wagering. The commission shall prohibit advance deposit pari‑mutuel advertising that it determines to be deceptive to the public.
(n) Commencing July 1, 2020, any person conducting an activity as specified by W.S. 6‑7‑101(a)(iii)(D) or (F) shall first obtain a license from the commission. Under this subsection, the commission shall not charge license applicants any fee and shall not require any fee for any license issued. Any person required to be licensed under this subsection shall file an annual report with the commission as specified by rule.
(o) In addition to all other duties, the commission, in the reasonable exercise of its discretion, shall enforce W.S. 6‑7‑101 through 6‑7‑104.
11‑25‑105. Licenses and permits; fees and reports; disposition of funds; enforcement of provisions.
(b) Every Wednesday following any pari‑mutuel event, the permittee shall:
(ii) Pay an amount equal to one‑quarter percent (1/4%) three and three hundred seventy‑five thousandths percent (3.375%) of the total amount wagered net proceeds attributable to historic pari‑mutuel events and one and one‑half percent (1 1/2%) of the total amount wagered attributable to live pari‑mutuel events, shown by the report to the commission, to be credited by the state treasurer to a separate account, in the manner indicated in subsection (d) of this section;
(iii) Pay an amount equal to one percent (1%) thirteen and one‑half percent (13.5%) of the total amount wagered net proceeds attributable to historic pari‑mutuel events, shown by the report to the commission, to be transferred by the commission to the county and the city or town in which the permittee is located, in equal shares, or to the county alone if the permittee is not located within the boundaries of a city or town. The county, city or town receiving an amount under this paragraph may credit that amount to the state fair account upon a majority vote of the county's, city's or town's governing body; and
(iv) Pay an amount equal to one‑quarter percent (1/4%) three and three hundred seventy‑five thousandths percent (3.375%) of the total amount wagered net proceeds attributable to historic pari‑mutuel events, shown by the report to the commission, to be credited to the legislative stabilization reserve account.
11‑25‑112. Penalties.
(a) Any person, corporation or association holding or conducting any pari‑mutuel event in connection with the pari‑mutuel system of wagering without a permit issued in accordance with this act, or any person, corporation or association who violates any other provision of this act is guilty of a misdemeanor and shall be fined not more than ten thousand dollars ($10,000.00), imprisoned for not more than six (6) months, or both.
(b) The attorney general may, at the request of the commission, act on behalf of the commission to prosecute criminal actions under this chapter or title 6, chapter 7, article 1 of the Wyoming statutes if after a thorough investigation the attorney general determines the action is supported by probable cause.
Section 3.
(a) The Wyoming pari‑mutuel commission is continued as the Wyoming gaming commission, as provided in this act. All positions, personnel, appropriations, property and equipment of the Wyoming pari‑mutuel commission shall be under control of the Wyoming gaming commission, as created by this act. The validity of rules, regulations, orders, contracts, agreements or other obligations of the Wyoming pari‑mutuel commission shall not be affected by this act.
(b) Notwithstanding any other provision of this act, members of the Wyoming pari‑mutuel commission shall continue their current terms as members of the Wyoming gaming commission.
(c) The appointment of the newly created eighth and ninth members to the Wyoming gaming commission may be made under this act on or after the effective date of this section.
Section 4. The Wyoming pari‑mutuel commission or the Wyoming gaming commission, as applicable, shall promulgate rules necessary to implement and administer this act as expeditiously as necessary.
Section 5. The Wyoming pari‑mutuel commission or the Wyoming gaming commission, as applicable, shall conduct a study of gaming in the state. The study shall evaluate skill based amusement games in the state. The commission shall examine how many games are operating in the state, the locations of all of the games, the amount of wagers made on the games and revenues earned from the games. Additionally, the commission shall provide options to the legislature for regulation of skill based amusement games, video game terminals, sports wagering and other commercially viable forms of gaming. Additionally, the commission shall evaluate impacts to other states that have recently expanded forms of legal gaming. The commission shall report in writing the results of its study to the legislature by September 1, 2020.
Section 6. 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.
That bill now goes to the Senate.
And the Speaker of the House rebuked a former legislator for telling a weird joke about pornography on the floor of the House. It was weird, and not funny, and will not be repeated here.
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March 6, 2020
The "Crossover Voting" bill died in the Senate where it was not introduced.
This bill has been a major GOP theme in some quarters the past few years and is based on the thesis that a lot of Democrats crossed over into the GOP to vote for Governor Gordon in the last Republican primary. The University of Wyoming, in looking at it, stated that this isn't true.
What likely is true is that the near death of the state's Democratic Party, which started during the Clinton Administration, has caused Democrats to "crossover" to the Republican Party, or to non party status, over a period of thirty years. That grates on the hard right in the state's GOP was has actually become strong in some counties only very recently, making themselves initially felt during Governor Mead's administration. They've never dominated the state's GOP but they are definitely a factor. Their presence is more recent than that of former Democrats, including at least one Republican member of the state Senate who was a former candidate for Governor, but they chafe against what they see as Crossover Democrats and RINO's (Republicans In Name Only).
The truth of party politics in the US is, of course, that anybody can be a member of any party they want to be in and therefore parties generally have no control over the beliefs of their members. People are normally attracted to one of the two big American parties, which is part of a larger political problem in the US, and they generally go where their beliefs generally take them, but by and large most Americans actually don't fully support the platform of any party they are in. Rank and file Wyomingite Republicans, for example, don't support the hand over the Federal lands platform the GOP adopted nationally in 2016 through the influence of Western Senators like John Barrasso, and its notably in fact that here in the state there's some very conservative GOP members who have taken a dislike to Barrasso as of about that time.
The point is that the recent efforts at the committee level to impose political purity tests and to address crossover voting are missing the point completely. Most Republicans aren't as right wing as the activists at the county level in some counties, and the Democrats who "crossed over" did so mostly long ago and stayed. Their Republicans now, like it or not Sen. Cale Case, who chose not to introduce the bill into the Senate, may very well have recognized that not only is this the case now, but that banning party switching actually keeps people in the party at the very time that they might be looking at moving to the Republican's detriment. I.e, if Republicans are worried about Democrats crossing over, they already have, and a bill such as this actually keeps them from crossing back, or crossing out.
On other matters, the University of Wyoming has a $12,000,000 budget item in the proposed budget to fund expansion at the law school. The expansion would cost more than that but the other half of the project, for which about $5,000,000 has apparently been raised, would come from private donors. Based upon a photograph that has been released, the expansion would reconstruct a large portion of the building to it's north and actually radically alter its appearance.
Frankly, the appearance of the law school could stand to be altered. I've never thought much about it but the building has a real late 1970s, maye 1980s, appearance to it. It's not a bad looking building by any means, but it doesn't have that Ivy League look to it that people have come to associate with law schools. The renovation would add 19,000 square feet to the existing structure and renovate 23,000 square feet. The added space would add multiple rooms for clinics.
The Law School was last renovated, and it wasn't all that long ago, when a major renovation was done to the library. The library was a good one to start with but there was apparently a concern at that time that if work wasn't done to it the school's ABA accreditation would have been threatened. At the same time a massive and very nice Moot Court was added to the building where the old large class room and an adjoining class room had been.
The school has seemed tight for space for decades and it probably really need the addition. None the less I'm surprised frankly that this budget item has received so little opposition. It did receive a little, but only a little, and the opposition was very gentle. Lawyers aren't a popular class in society at large and over the last decade the profession has been in real trouble due to law schools producing a lot more lawyers than society can absorb at the entry level. Admission standards to practice have really dropped and the state's adoption of the UBE has caused a lot of problems in the practice for entering lawyers and practicing ones. An argument can be made that the UBE has made the original purpose of the law school less important and a recent effort by UW's President, two presidents ago, to attempt to cause it to focus on the state's energy sector failed when opposed by the then law school dean. None of this seems to have reflected back on any lack of support for the school in the legislature, where most of the members aren't lawyers, and of course the lawyer members of the legislature are pretty dedicated to the school.
________________________________________________________________________________
March 7, 2020
A lot of bills died this past week, some of which died through a parliamentary move of legislative leaders just not assigning a bill that passed the other house to a committee. Stuff like that tends to make the bills supporters mad, but its a long established legislative practice and it demonstrates why a leadership position has real power.
So, as to bills that didn't make it.
A House bill to prevent a future gun buy back, which had passed the House overwhelmingly, died out in the committee cold in the Senate.
A House bill to allow landowners to appeal appraised value for land swaps with the state also died.
A House bill to offer a tax refund to impoverished elderly or disabled likewise died.
So did a Senate bill raising the retirement age for state employees.
And the House bill that required two man train crews died in the Senate.
________________________________________________________________________________
March 9, 2020
2020. Governor Gordon issues the following statement.
March 9, 2020 CONTACT: Michael Pearlman, Communications Director
Governor Gordon issues statement on Wyoming legislators who attended
a conference where an attendee tested positive for coronavirus
It has come to my attention that several Wyoming legislators attended the Conservative Political Action Conference (CPAC) on February 29 where an attendee was subsequently diagnosed with coronavirus. I am given to believe that House and Senate leadership is aware of the issue. At this time it does not appear that any members of the Wyoming legislature had contact with this individual. Our state health officer has been notified and has identified these legislators as low risk. She advised that these individuals should continue to monitor their health closely at this time. I urge Wyoming citizens to recognize that as Covid 19 becomes more widespread, it is likely that many of us will eventually cross paths with someone with symptoms of the disease and people who are later diagnosed. We should continue to follow recommendations from healthcare professionals, including regular hand washing, covering the nose and mouth when coughing or sneezing, and staying home when sick. |
________________________________________________________________________________
March 10, 2020
Governor Gordon signs 28 bills on Tuesday, March 10
Bill No.
|
Enrolled Act #
|
Bill Title
|
| SF0016 |
SEA0006 |
School district procurement. |
| SF0019 |
SEA0007 |
Ad valorem-confidentiality exception. |
| SF0023 |
SEA0008 |
Insurance code updates. |
| SF0024 |
SEA0009 |
State employees' and officials' group insurance. |
| SF0038 |
SEA0010 |
Health insurance costs-bundled payment study. |
| SF0041 |
SEA0011 |
Animal damage management funding. |
| SF0045 |
SEA0012 |
Underground disposal wells-regulation. |
| SF0018 |
SEA0013 |
Wildlife
conservation efforts-2. |
| SF0044 |
SEA0014 |
Mining
permit applications-objections. |
| SF0013 |
SEA0015 |
Public
defender-indigency standards. |
| SF0082 |
SEA0016 |
Public records-amendments. |
| SF0083 |
SEA0017 |
Budget and financial data reporting. |
| SF0060 |
SEA0018 |
Wyoming pollution discharge elimination system fees. |
| SF0077 |
SEA0019 |
Prescription tracking program. |
| SF0048 |
SEA0020 |
Solid waste cease and transfer program funding. |
| SF0046 |
SEA0021 |
Wyoming Money Transmitters Act-exemption. |
| SF0017 |
SEA0022 |
Hathaway need-based scholarships-graduate school. |
| SF0021 |
SEA0023 |
Coal fired electric generation facilities. |
| SF0057 |
SEA0024 |
Local government distributions. |
| HB0003 |
HEA0023 |
Wyoming energy authority-amendments. |
| HB0004 |
HEA0024 |
Wyoming coal marketing program. |
| HB0103 |
HEA0026 |
Chancery court amendments. |
| HB0045 |
HEA0027 |
Special purpose depository institutions-amendments. |
| HB0042 |
HEA0028 |
Good time allowances for jail time. |
| HB0051 |
HEA0029 |
Professional services procurement-amendments. |
| HB0050 |
HEA0030 |
Government procurement-amendments. |
| HB0052 |
HEA0031 |
Public works and contracts. |
| HB0073 |
HEA0032 |
Nicotine products-taxation. |
_________________________________________________________________________________
March 12, 2020
Governor
Gordon to hold formal bill signing on Thursday, March 12
The Governor will act on the following bills during the formal bill signing ceremony:
| Bill No. |
Enrolled Act # |
Bill Title |
|||
| SF0091 |
SEA0030 |
Global signature authority for
health care providers. |
|||
| SF0022 |
SEA0031 |
Surface water diversion. |
|||
| HB0057 |
HEA0036 |
Underground facilities
notification-exemption. |
|||
| HB0032 |
HEA0034 |
Resident tuition for military
members and family. |
|||
| HB0069 |
HEA0038 |
Wildlife conservation
efforts-1. |
|||
| HB0043 |
HEA0043 |
Food freedom amendments. |
|||
| HB0113 |
HEA0045 |
Importation of prescription
drugs-study |
|||
| HB0032 |
HEA0034 |
Resident tuition for military
members and family. |
|||
In other legislative news the legislature passed a bill requiring physicians to provide emergency care to aborted fetuses who are delivered alive. The legislature also passed the bill that would put Wyoming on Central Time year around if neighboring states do, which there is no sign that they will.
________________________________________________________________________________
March 13, 2020
CHEYENNE, Wyo. – Governor Mark Gordon will hold a formal bill signing ceremony at 2:00 pm today, March 13 in the Governor's Ceremonial Conference room in the State Capitol. Legislators, media and members of the public are welcome to attend. This list of bills is subject to change.
The Governor will sign the following bills during the ceremony:
SF0036
|
SEA0045
|
Large
scale solar and wind energy facilities
|
|
SF0092
|
SEA0043
|
Volunteer
pension account-funding.
|
|
HB0176
|
HEA0048
|
Game
and fish-data protection.
|
|
HB0151
|
HEA0076
|
Economic
development large project loans-amendments.
|
|
HB0102
|
HEA0082
|
Wyoming
combat sports commission.
|
|
HB0047
|
HEA0070
|
Local
sales and use taxes.
|
|
_________________________________________________________________________________
March 13, 2020, part two.
CHEYENNE, Wyo. – Governor Mark Gordon took action on 29 bills on Friday, March 13.
The Governor signed the following bills into law today:
Bill No.
|
Enrolled Act #
|
Bill Title
|
| SF0020 |
SEA0036 |
Election code revisions. |
| SF0056 |
SEA0037 |
Absentee polling places. |
| SF0064 |
SEA0038 |
Trust companies-statutory
amendments. |
| SF0047 |
SEA0039 |
Digital assets-statutory
amendments. |
| SF0036 |
SEA0045 |
Large scale solar and wind
energy facilities. |
| SF0093 |
SEA0046 |
Wyoming works-application
period. |
| SF0116 |
SEA0047 |
Off-road recreational
vehicle-definition. |
| SF0050 |
SEA0053 |
Nicotine products-lawful age
and penalties |
| SF0042 |
SEA0054 |
Nicotine products–age
verification and shipping. |
| SF0072 |
SEA0055 |
Revisor's bill. |
| HB0019 |
HEA0047 |
Municipal right-of-way
franchise fees. |
| HB0176 |
HEA0048 |
Game and fish-data protection. |
| HB0025 |
HEA0049 |
County reserve accounts. |
| HB0076 |
HEA0051 |
Veterans property tax
exemption-access. |
| HB0088 |
HEA0052 |
Livestock board investigators. |
| HB0235 |
HEA0056 |
Life insurance
benefits-payments and interest. |
| HB0016 |
HEA0058 |
Consolidation of theft crimes. |
| HB0074 |
HEA0060 |
Small modular nuclear reactor
permitting. |
| HB0164 |
HEA0061 |
Investment of public funds. |
| HB0099 |
HEA0067 |
Animal reimbursement
program-amendments. |
| HB0187 |
HEA0069 |
Game and fish-selling agents. |
| HB0047 |
HEA0070 |
Local sales and use taxes. |
| HB0056 |
HEA0072 |
Good neighbor authority
revolving account. |
| HB0027 |
HEA0073 |
Select committee on blockchain,
technology and innovation. |
| HB0012 |
HEA0074 |
Motor vehicle
violations-penalties. |
| HB0126 |
HEA0075 |
Emergency call location
information. |
| HB0151 |
HEA0076 |
Economic development large
project loans-amendments. |
| HB0127 |
HEA0077 |
Prohibition of female genital
mutilation. |
| HB0212 |
HEA0084 |
Select committee on tribal
relations. |
_________________________________________________________________________________
March 14, 2020
The House and Senate were unable to reach a compromise on a construction spending bill yesterday with the results that several construction projects now lack funding. These include community college upgrades, building a community college campus in Jackson, even though the projects have otherwise been approved and are moving forward. Project that will now come to an unfunded halt are the construction of chancery court facilities as the new state office building in Casper, a new swimming pool for the University of Wyoming, work on War Memorial Stadium and the expansion of the University of Wyoming's law school. The University of Wyoming projects brought an end to the near compromise.
What this means for these projects isn't clear. The law school has been working on obtaining funds on its own and hoped to receive matching funds from the legislature, which it did not. The other projects would presumably rely entirely on state funding.
________________________________________________________________________________
March 17, 2020
CHEYENNE, Wyo. – Governor Mark Gordon will hold a formal bill signing ceremony at 1:30 pm on Tuesday, March 17 in the Governor's Ceremonial Conference room in the State Capitol. Legislators, media and members of the public are welcome to attend, however group size in the room will be limited to comply with current Centers for Disease Control and Prevention (CDC) recommendations. This list of bills is subject to change.
The Governor will sign the following bills during the ceremony:
| SF0085 |
SEA0057 |
Uranium taxation rates |
| SF0126 |
SEA0051 |
Game and fish law enforcement
definition amendments |
| SF0120 |
SEA041 |
Office of guardian ad litem-2. |
| HB0092 |
HEA0065 |
Pioneer archery licenses |
| HB0102 |
HEA0082 |
Wyoming combat sports
commission. |
| HB0165 |
HEA0085 |
School nursing- state school
nurse. |
| HB0109 |
HEA0089 |
Electronic monitoring in
long-term care facilities. |
________________________________________________________________________________
March 27, 2020
And then it was all over.
Governor Gordon takes action on final 11 bills of the legislative sessionCHEYENNE, Wyo. – Governor Mark Gordon took action on the final 11 bills remaining on his desk. The Governor signed two bills, vetoed four bills and allowed five bills to go into law without his signature. Included in the vetoes were SF 0138 Investment of state funds-2, which outlines the process for evaluating the land in the Occidental Land Purchase. In his veto letter on the bill, the Governor noted that the Legislature’s failure to pass SF 0119- State-funded capital construction eliminated the funding mechanism that would be utilized to proceed with due diligence. The Governor and other members of the State Board of Land Commissioners will continue to explore the purchase of lands and assets from Occidental Petroleum, and would have to bring any proposal back to the full legislature for a vote.The Governor signed the following bills into law:
HB0137
HEA0054
Worker's compensation-legislators.
HB0243
HEA0097
Oil and gas tax-new production.
The Governor vetoed the following bills, each of which are accompanied by a letter published on the Governor's website:
HB0119
HEA0046
Medicaid billing for school-based services.
SF0097
SEA0052
Born alive infant-means of care.
SF0140
SEA0068
Banking division-classification and salary exemptions.
SF0138
SEA0069
Investment of state funds-2.
For SEA 52 Governor Gordon, who is pro-life, made this statement: “Laws already in place protect children from being denied life-saving care simply because they were born as a result of an abortion. This bill will not do anything to improve on those laws which already exist. Instead, this bill will harm people it never intended to harm - parents who want a child, but have received the devastating news that their pregnancy is not viable. The State should not seek to make that moment for parents any more tragic than it already is. For this reason, I am vetoing this bill.”The following bills went into law without the Governor's signature and are also accompanied by a letter published on the Governor's website:
HB0174
HEA0059
Kindergarten start date.
HB0162
HEA0083
State trust lands-proposals and study.
HB0040
HEA0096
School finance - model recalibration.
SF0117
SEA0056
First responder workplace mental injury coverage.
SF0134
SEA0061
Special event liquor licenses.
While the session may be over, the commentary is of course not, so some followup commentary on this years sessions and bills that passed and failed is likely.
_________________________________________________________________________________
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