Already?
Yes! Legislative committees are already considering bills and some are being advanced for the legislature. As we do every year, we'll take a look at those here.
September 21, 2020
And here's the first entry:
A committee of the Wyoming legislature has passed a bill advancing a Road Use Charge. The RUC would track a vehicle's highway miles by use of a GPS and then bill the user. There's obviously a lot of technology that I don't grasp on this one, not the least of which is that I don't have a single vehicle equipped with a GPS so I don't know how that would really work.
While this bill did get past committee, my prediction is that it might not actually make it to the legislature and that it won't make it to the floor. It'll prove to be unpopular with Wyomingites, at least right now, who will find the thought of being tracked by GPS offensive.
On that, I'm not sure how it actually intends to track a vehicle. It's interesting in that there's a certain assumption that everyone drives a relatively modern vehicle, which I suppose most do. All mine are older, however.
September 23, 2020
A review of the RUC bill, which can be read here, indicates that in fact the law anticipates automobiles being retrofitted with GPS devices or individuals having to report their odometer readers.
It further envisions six categories of motor vehicles with six different charge per mile rates. Looking at it and roughly figuring it, it would cost me a little under $5.00 in tax to drive my truck to Laramie. The gas tax is supposed to be phased out after it passes, if it does.
Again, it may be just me but I have a very hard time imaging the average Wyomingite liking the idea of retrofitting their vehicle with a GPS monitor for any reason.
The same committee also advanced a bill to increase the penalties for not wearing seat belts and to allow law enforcement authorities to stop motorists for not wearing them.
November 13, 2020
A bill has been prefiled to make it illegal to possess hemp for smoking and also limiting the use of CBD, including prohibiting it from being inserted into alcoholic beverages. This bill comes about to address what has been regarded as a sort of loophole in Wyoming's current laws which prohibit the possession of marijuana. With the increase in hemp products and the legalization of marijuana in neighboring states the tasks faced by law enforcement have become more difficult.
November 16, 2020
A bill to allow for liquor license holders to deliver alcohol failed to pass committee.
A bill to increase the tax on wind generated electricity narrowly passed committee.
November 19, 2020
The hemp bill mentioned failed in committee. Fears existed it would hurt the state's infant hemp growing industry.
A bill to document and replace aging water infrastructure failed in committee.
November 21, 2020
Tax proposals to have a target real estate tax and an income tax both aimed at the wealthy failed to pass committee narrowly.
The income tax would have imposed a 4% tax on those making $200,000 per year or more, with it being estimated that this would have yielded $100,000,000 in revenue to the state per year. The proposal on the real estate tax was to add a low percentage tax on the sale of property selling for more than $250,000.
While the committee vote was narrow, there were those who expressed hope in taxing wealthy migrants to the state who have, as a practical matter, driven up the price of land, particularly in some counties. Others, however, reported hoped that within a couple of years things would return to normal for the fossil fuel industry.
November 25, 2020
The Legislature is pushing back its opening to the spring, rather than January, due to the pandemic.
December 2, 2020
A bill to regulate self driving automobiles has advanced in committee. The bill does not prevent them in any fashion, but establishes a protocol for them, which a majority of states have now done. Autonomous buses are going to be experimented with in Yellowstone National Park shortly.
January 12, 2021
The legislature convenes today. This year's session will be odd in that it will commence with an electronic session and be broken into three parts.
January 13, 2021
The legislature adjourned today and will proceed with remote sessions until March. The move was opposed by newly elected far right candidates.
While not directly related, obviously, the convening session come at a time during which the largely Republican body is faced with its fissures splitting wide open at a national level. As addressed elsewhere on this blog the Trump wing of the party has been a rising force in Wyoming and is now more in control of the party than not, although its not more in control of the legislature than not. The Laramie County and Natrona County wings (and I'd guess the Albany County wing) remain held by the traditional Wyoming centric establishment wing of the party but the balance of the party has gone over to the Trump wing, including its leadership. Indeed, the leader of the party was at the Washington D. C. protests that developed into an insurrection last week, although he claims that he was back in his hotel prior to the rebellion taking place. Two ultra conservative Wyoming Republican legislators were at a protest in Cheyenne in which they demanded that Liz Cheney, who is now one of the premier members of the conservative wing of the party, be hauled in front of the legislature in order to account for herself, a statement now rich with irony and which was at the time.
This session has a lot before it, but one thing that is looming in the background is that the state's Republican legislature was already engaged in a smoldering civil war within its own ranks that has now broken out nationally and in which the Trump wing is set to be set back in its place or the party will outright severe into two. Additionally, up to November 2020 the state legislature could look towards a friendly Senate and Oval Office. From November to January 6, the state legislature could look towards an improved situation in the House, a friendly Senate, and a probably neutral Oval Office. Now it can look back and see a hostile House, Senate, and Oval Office. With a national voting power which amounts to less than that of the City of Dayton, Ohio, this is going to matter.
January 19, 2021
It appears that due to budget considerations efforts to form a new college district in Campbell County will be delayed.
January 20, 2021
A bill in the legislature proposes to raise cigarette taxes by .14 a pack.
A bill proposes to make "games of skill" legal in certain venues.
A filed bill would provide for certain informed consent provisions for abortions.
A bill proposes to do away with net metering for electricity and place the topic in the hands of a commission. Proponents of home electricity generating units fear that this will result in the death of the home generation via solar and wind units.
January 21, 2021
A bill to repeal taxes on female sanitary products failed.
January 29, 2021
Governor
Gordon and Legislators Launch Initiative to Simplify, Focus Budgeting Process
One
checking, one savings account proposal emphasizes transparency, living within
our means
CHEYENNE, Wyo. – Pushing forward with his
continued efforts to improve and simplify Wyoming’s budgeting process, Governor
Mark Gordon is calling for an end to the use of multiple spending and savings
accounts to fund state government. His goal is to move to one checking and one
savings account for Wyoming.
“The complex system that currently exists
includes numerous accounts and ‘coffee cans’ that obscure the state’s financial
position. This does not serve the public, who deserve a transparent way to know
exactly what our fiscal situation is,” Governor Gordon said. “This can be
achieved by simplifying the budgeting process.”
Governor Gordon is supporting Senate File 0071
sponsored by the Senate Appropriations Committee that would eliminate the
Strategic Investments and Projects Account (SIPA). Established in 2013, the
SIPA account was originally intended to capture investment income that would
have otherwise flowed into the Permanent Mineral Trust Fund. In recent years
accounts have been created that will divert funds from the SIPA, such as the
Wyoming State Penitentiary Capital Construction Account and the
Legislative Deficit Control Account.
“These are examples of new pots of money being
created which deviate from the original purpose of the SIPA and complicate the
budgeting process,” the Governor said.
The bill has received legislative support from
Senate Vice President Larry Hicks, a member of the Joint Appropriations
Committee:
“The SIPA was a legislatively created invention to pigeon
hole money for construction of large projects at a time when the state was
running hundreds of millions of dollars in surplus revenues,” Hicks said. “It
added significant complexity while reducing transparency of state expenditures
in the budget. In recent years it has not been used for what its original
purpose was, but rather as a slush fund to pay for programs and projects that
should have come out of the state’s general fund. We no longer have surplus
revenues in Wyoming and it's time to restore transparency in our budgeting
process by eliminating the SIPA account.”
The Governor said that he believes this bill is
a good first step towards only having one checking account. He will work on
other proposals with legislators this session and over the next year.
--END--
January 30, 2021
Proposed Senate Resolution No. 1 proposes to require a vote of the citizenry in order to authorize any new taxes or tax increases in the state.
A similar, but more limited, law in California which passed by initiative and referendum has made paying for California's government nearly impossible over the years leading in part to the constant state of crisis the state exists in.
February 2, 2021
The legislature rejected an attempt to require the PSC to impose a moratorium on the closure of coal fired plants. The attempt was in the form of a bill on supplemental funding for the PSC which would have tied the funding to the PSC taking this step. The measure narrowly failed.
The bill would have required the PSC to impose a moratorium on closures until 2035 as "a statement".
Legislators supporting the bill have been angered by the PSC's allowance of closures, but this raises an interesting economic point in that the facility owners are closing them for economic reasons, not policy ones. As we've noted here before, this has much more to do with the very long term decline of coal than anything else. Given that, forcing the plants to remain open is oddly anti free market and punished the owners of the plants, and the shareholders of those corporations, due to a market trend.
What the supporters really hope is that a case at the Supreme Court right now will result in Montana, Oregon and Washington being forced to accept Wyoming coal by rail, to an as of now nonexistent coal shipping port. It might be of note that this same week a new generation of Chinese nuclear power plant came on line and that they've been building nuclear plants rapidly. The trend line is clear, even though China has built a large number of coal fired plants as well. Of course, coal fired power plants are specifically designed for coal from certain fields and there's no real good reason to believe that the Chinese would be receptive to large amounts of Wyoming coal even if it could be shipped. Moreover, the current administration will undoubtedly block the shipment of coal in any event.
February 3, 2021
A bill has been introduced to tax solar energy generation on a basis that seeks to be equivalent with that on wind.
February 4, 2021
The legislature will hold an in person session in March. Members of the legislature will be given an opportunity to be vaccinated beforehand.
February 5, 2021
Governor
Gordon Unveils His Initiative to Strengthen and Expand Wyoming’s Economic
Pillars
Multi-pronged
Effort Will Boost Wyoming’s Energy, Tourism and Agriculture Sectors
CHEYENNE, Wyo. – Governor Gordon is taking
steps to expand Wyoming’s economic recovery, with a series of proposals and
initiatives to further the state’s economic plan by adding value to and
bolstering the state’s energy, tourism and agriculture sectors.
Energy
The Governor is redoubling efforts to strengthen
Wyoming’s economy and an “all the above” energy industry. Energy and mining are
the largest providers of Wyoming’s revenues and have enormous impacts on the
state's wider employment picture as well. The Governor’s effort became even
more important after last week’s announcement by the Biden administration
banning new oil and gas leases. The Governor supports bills granting severance tax relief to the energy industry and enhancing the ability of the newly created
Wyoming Energy Authority to encourage development of carbon capture technology,
trona, rare earth elements and critical minerals.
“The energy and mining sectors are the major
pillars of our economy and they have provided the wherewithal that gives this
nation the luxury of looking to new forms of energy,” Governor Gordon said.
“Let me be clear. Our traditional industries will adapt and continue to provide
the reliable, affordable and dispatchable power they always have, only better.
Our economic recovery will hinge on the health of these industries and their
ability to adapt to changing market demands. Wyoming can continue to grow even
as our mix of energy supplies evolve.”
“While some are suggesting the early demise of
coal – and right now it faces many challenges – we believe that coal coupled
with new technologies is an essential part of the solution to reducing carbon
dioxide (CO2) in our atmosphere,” the Governor continued. “Carbon capture and
the development of carbon byproducts will be part of Wyoming’s energy future.
So too, should be efforts to research extracting the rare earth elements and
critical minerals associated with coal that will be needed for the batteries
powering the anticipated worldwide build-out of wind and solar power.”
Tourism
Tourism continues to be a major driver of the
state’s economy and employs the most Wyoming people. 2020 brought in record
numbers of visitors, supporting Wyoming businesses and sustaining jobs for
residents. HB0058, sponsored
by the Joint Travel, Recreation, Wildlife & Cultural Resources committee,
would allow for a $1.1 million general fund reduction to State Parks with
little to no impact to customer service or safety by allowing them to use
self-generated funds (fees) to a greater degree for operations and outdoor
recreation, rather than capital construction. This supports our economy and
local communities.
“Our State Parks provide world-class experiences
and opportunities for tourists and residents alike and saw a statewide increase
of roughly 36% in visitation last year, a trend that is expected to continue
into 2021,” Governor Gordon said. “It’s critical to ensure we continue to
properly fund these parks and historic sites, which play a critical role in our
state’s economy.”
Agriculture
Multiple bills related to meat processing are
being considered at this time and the Governor is working with the legislature
to expand processing capacity in the state.
“This is only a part of an ambitious initiative
focused on adding value to products across the entire spectrum of agricultural
enterprise,” said Governor Gordon. “This effort is essential to grow this key
part of our economy.”
Of particular interest to both the Governor and
the First Lady is HB0052 Wyoming
School Protein Enhancement Project sponsored by the Joint Agriculture
Committee. Not only would this bill help school districts increase Wyoming meat
products in school nutrition programs, it would provide another opportunity to
feed those children who do not get enough to eat every day, a major emphasis of
the First Lady’s Hunger Initiative.
The Governor welcomed the passage of HB-0053 Invasive
Plant Species today. The legislation would implement several of the
recommendations made in the final report of the Governor’s Invasive Species Initiative and allow local districts more latitude when
implementing special management programs for invasive species.
Senator Tara Nethercott, Chair of the Senate
Judiciary Committee, and Speaker of the House Eric Barlow are developing a bill
to improve the Attorney General's civil enforcement authority in antitrust
matters, providing a much-needed update to the state statute meant to ensure
fair competition within Wyoming's marketplace. In 2020, Wyoming ranchers were
adversely impacted by consolidations and acquisitions within the broader
agriculture industry. However, the State was barred from investigating these
actions because current state antitrust laws do not allow the Attorney General
to investigate potential violations.
Speaker Barlow and Senator Nethercott's bill
ensures that Wyoming will not need to rely on other states or the federal
government to assert our residents' interests in a competitive market which
benefits businesses and consumers alike. The bill will not only benefit our
agriculture industry, but will ensure fair competition across all markets in
Wyoming, the Governor said.
“Protecting our ranching and agricultural
community is more important now than ever with Wyoming's challenging economic
outlook,” Senator Nethercott said. “The market manipulation we have seen this
past year highlighting our nation's meat prices is harmful to Wyoming producers
and consumers. I am proud to sponsor this bill to empower our Attorney
General to act first in protecting all of Wyoming's industries and consumers
from these unlawful practices.”
-END-
February 6, 2021
A bill has been introduced to make the position of Attorney General of Wyoming an elective office. Looking at the sponsors, the bill was sponsored in both houses by the most right wing members of the legislature.
This is a curious bill as the AG doesn't have the same role in Wyoming that the AG does in many other states, something which perhaps didn't occur, or perhaps did, to those sponsoring the bill. The appointed position is the chief legal officer of the current administration at any one time, like the Attorney General of the United States. Unlike the Federal AG, however, or that position in many other states, the AG isn't the "chief crime fighter" and he or she (it's Bridget Hill right now) has very little in the way of that particular set of duties, although she or he does have a little.
It makes much more sense to have the position organized as it currently is, as the Governor's office directs the current direction of the Attorney Generals Office which is mostly made up of career AG attorneys. Making the position an elected one wouldn't change that, but it would make the position political.
Which gets to a broader point. Arguably Wyoming has too many elective offices, not too few. There's no good reason why assessors and coroners officers, for example, aren't appointed county officials rather than elected ones in this day and age. Providing that they had to be occupied by professionally qualified positions and hiring individuals who hold those professional degrees would actually make more sense than the current system.
Indeed, another such example is the Sheriff's office. Having an elected sheriff made sense at the time that the sheriff was the only law enforcement officer for the county, but now sheriff's personnel are a minority of law enforcement officers. Because the position is elected, however, a sheriff is free to ignore his county commission, whose only real control over him is his budget, which the commission sets.
That last example should be a cautionary tale here, in regard to the legislature. Elected AGs have, in many states, been elected on either highly populist or highly liberal platforms. In office, they feel bound by those platforms which can set them against the wishes of the sitting governor. And even if they aren't from the political fringes, an elected AG would feel independent, rightfully, of the sitting administration. Those sponsoring this bill, for example, no doubt imagine an AG who would zealously pursue the current coal litigation, which is highly unlikely to be successful, but in reality they might get an indecently minded lawyer who would recognize that and simply refuse to pursue it at some point, being free to do just that as that person would be an elected official.
The text:
SENATE FILE NO. SF0086
Attorney general-elected official.
Sponsored by: Senator(s) Bouchard, Biteman, French, Hutchings, James, McKeown and Salazar and Representative(s) Baker, Bear, Fortner, Gray, Jennings, Laursen, Styvar and Wharff
A BILL
for
AN ACT relating to the attorney general; providing for the election of the attorney general; designating the attorney general as a state elected official; setting the attorney general's term of office; setting the attorney general's salary; providing for filling a vacancy in the position; repealing and modifying provisions for interim appointment; providing for the application of the Ethics and Disclosure Act and other laws to the office of the attorney general and attorney general as a state elected official; amending certain provisions regarding actions the attorney general takes requiring approval of or pursuant to the direction of the governor; prescribing additional duties of the attorney general; making conforming amendments; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑1‑601, 9‑5‑101(a), 22‑2‑105(a)(ii)(intro) and 22‑6‑117(a)(iv) are amended to read:
9‑1‑601. Appointment; term; removal; special assistant for legislative affairs; qualifications.
(a) Until the term of office commences following the general election in 2022, the attorney general of the state of Wyoming shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28‑12‑101 through 28‑12‑103 and may be removed by the governor as provided in W.S. 9‑1‑202. Beginning at the general election in 2022, the attorney general shall be elected in a statewide election for a term of four (4) years.
(b) Prior to the general election in 2022, if a newly elected governor appoints an attorney general to take office prior to or during the legislative session next following the governor's election, the newly appointed attorney general designee shall become a member of the attorney general's staff to serve as a special assistant to the governor for legislative affairs. When the legislative session adjourns the attorney general's term of office shall terminate. Following the general election in 2022, the term of an attorney general appointed under this section shall terminate the first Monday in January next following the general election.
(c) Prior to his To be eligible for appointment or election, the attorney general shall have been a practicing attorney for at least four (4) years,. At the date of appointment, he shall be in good standing in the courts of record of this state and shall be a resident and elector of the state.
9‑5‑101. State building commission; composition; general powers and duties; conflicts of interest.
(a) The five (5) elected state officers governor, secretary of state, state auditor, state treasurer and state superintendent of public instruction shall constitute the state building commission. The governor shall be chairman of the commission, but in his absence from any meeting, one (1) of the members may act as chairman, and shall preside at the meeting. All votes taken to decide the commission's final action on any matter shall be recorded.
22‑2‑105. Terms of office and offices voted on at general elections.
(a) The terms of office and offices voted on at general elections are as follows:
(ii) Four Year Term. ‑ At the general election in 1974 and in every fourth (4th) year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners. At the general election in 2022 and every fourth year thereafter, there shall be elected an attorney general. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:
22‑6‑117. Order of listing offices in partisan elections.
(a) The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:
(iv) Candidates for governor, secretary of state, state auditor, state treasurer, the attorney general beginning at the 2022 primary and general election, and superintendent of public instruction;
Section 2. W.S. 1‑26‑509(k), 1‑31‑103, 1‑35‑103(a), 1‑35‑104, 7‑3‑102, 7‑22‑101(a)(vi), 7‑22‑102(a), (b), (c)(intro) and (d), 7‑22‑108(a), 8‑1‑102(a)(xii), 8‑2‑101(a)(vi), 9‑1‑101(b), 9‑1‑211(a) by creating a new paragraph (vi) and by renumbering (vi) through (viii) as (vii) through (ix), 9‑1‑602, 9‑1‑603(b) and (c), 9‑1‑604, 9‑1‑605(b) through (d), 9‑1‑608(a) and (b), 9‑1‑611(c), 9‑1‑633(a) and (b)(intro), 9‑1‑636(b) and (c)(intro), 9‑2‑1016(h)(i), 9‑3‑101(a) by creating a new paragraph (viii), 9‑4‑218(a)(iii), 9‑13‑102(a)(xii)(A) and (xvi), 9‑13‑108(a)(intro), 9‑14‑101, 9‑14‑102(c), 18‑3‑902(a), 22‑18‑111(a)(intro), 28‑1‑115(g)(ii), 28‑12‑102(c) and by creating a new subsection (d), 35‑7‑1004, 35‑11‑1507(a) and 35‑21‑110(a) are amended to read:
1‑26‑509. Negotiations; scope of efforts to purchase.
(k) Attorney's fees and other expenses awarded under this section from a public entity to a condemnee shall be reported by the public entity which paid the fees, to the Wyoming attorney general within sixty (60) days of the award. The Wyoming attorney general shall collect this data and report annually to the governor joint revenue interim committee and joint judiciary interim committee on the amount of all taxpayer funded fee awards, beginning July 31, 2014. The report shall identify the name of each party to whom an award was made, the name of each counsel of record representing each party to whom an award was made, the public agency which paid each award and the total amount of each award.
1‑31‑103. Commencement of action.
The attorney general or a county attorney shall may commence an action when directed by the governor, supreme court or legislature, or when upon complaint or otherwise he has good reason to believe that such an action can be established by proof. The attorney general may commence an action when requested by the governor, supreme court or legislature. A county attorney shall commence an action when directed by the governor, supreme court or legislature.
1‑35‑103. Violation of state contracts to be reported to attorney general; investigation; action to recover damages; employment of special assistants.
(a) Any officer, board or commission of the state of Wyoming, or their legal counsel, responsible for the enforcement of any contract between the state of Wyoming and any person, having reason to believe that there has been a violation of the terms of the contract to the damage of the state of Wyoming, shall report the matter to the attorney general of the state of Wyoming. The attorney general shall make such investigation of the matter as is necessary. Upon completion of the investigation and finding of probable damages to the state of Wyoming, the attorney general may bring suit in any court of competent jurisdiction to recover all damages that the state of Wyoming may have incurred by reason of the breach of contract, or for any money or other property that may be due on the contract. Subject to the governor's approval he The attorney general may employ specially qualified assistants or counsel to aid in any investigation of such action.
1‑35‑104. Actions under control of attorney general; settlement or compromise with approval of governor.
The attorney general shall control all investigations and actions instituted and conducted in on behalf of the state as provided in W.S. 1‑35‑103 and has full discretionary powers to prosecute all investigations and litigation and, with the approval of the governor, to settle, compromise or dismiss the actions.
7‑3‑102. Appointment of attorney general to represent state on joint commissions.
The governor shall appoint the attorney general is hereby appointed as the commissioner who shall represent Wyoming upon any joint commission created by Wyoming and any one (1) or more states for the purpose of negotiating and entering into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of the respective criminal laws and policies of Wyoming and any other state and for the establishment of agencies deemed desirable for making effective any agreement or compact.
7‑22‑101. Definitions.
(a) As used in this article:
(vi) "Five (5) Six (6) state elected officials" means the governor, secretary of state, state auditor, state treasurer, attorney general and superintendent of public instruction;
7‑22‑102. Authority to contract; general conditions.
(a) The state or a local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities and services as provided in this article, but only after receiving the consent of the five (5) six (6) state elected officials as to site, number of beds and classifications of inmates or prisoners to be housed in the facility.
(b) No contract shall be entered into or renewed unless the contracting governmental entity, with the concurrence of the five (5) six (6) state elected officials, determines the contract offers substantial cost savings to the contracting governmental entity and at least the same quality of services provided by the state or by similar local governments.
(c) After receiving the majority consent of the five (5) six (6) state elected officials as to the site, number of beds and classifications of inmates or prisoners to be housed in the facility, the state or the local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities, either:
(d) The state or the local government may reject or return prisoners from outside the state. Prisoners or inmates of out‑of‑state, nonfederal jurisdictions shall not be incarcerated in any facility operated by a local government entity under this article without the consent of the majority of the five (5) six (6) state elected officials. of this state. At no time shall the number of prisoners from out‑of‑state, nonfederal jurisdictions incarcerated in a facility operated by a local government entity under this article exceed thirty percent (30%) of the capacity of that facility. Any out‑of‑state, nonfederal prisoner shall be returned to the jurisdiction of origin to be released from custody by them, outside the state of Wyoming at the appropriate time.
7‑22‑108. Monitoring; right of access.
(a) The contracting governmental entity at the contractor's expense, shall employ an individual to be responsible for monitoring all aspects of the private contractor's performance under a contract for the operation of a facility pursuant to W.S. 7‑22‑102. The individual employed as contract monitor shall be qualified to perform this function by reason of education, training and experience as determined by the five (5) six (6) state elected officials. At a minimum, the contract monitor shall have completed at least the same training required by this article for detention officers and shall have served a minimum of three (3) years as a detention officer. The monitor, with the approval of the contracting governmental entity, shall appoint staff as necessary to assist in monitoring at the facility, which staff shall be at the contractor's expense and will be solely responsible to the contract monitor. The monitor or his designee shall be provided an on‑site work area by the contractor, shall be on‑site on a daily basis, and shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide any and all data, reports and other materials that the monitor determines are necessary to carry out monitoring responsibilities under this section.
8‑1‑102. Definitions.
(a) As used in the statutes unless the legislature clearly specifies a different meaning or interpretation or the context clearly requires a different meaning:
(xii) "Elected state official" means the governor, secretary of state, state auditor, state treasurer, attorney general and superintendent of public instruction;
8‑2‑101. Distribution of statutes, supplements and session laws.
(a) Statutes, supplements and session laws shall be distributed as provided by contract with the publisher or as directed by the management council, to the following, without charge:
(vi) One (1) copy to each of the five (5) six (6) elected state officers;
9‑1‑101. Location of seat of government; residence of state officials; deputies authorized; state superintendent of public instruction physical office designation.
(b) The governor, secretary of state, state treasurer, state auditor, attorney general and state superintendent of public instruction shall reside and maintain their offices at the seat of government.
9‑1‑211. Vacancy in office of governor; successor designated; order of succession; proclamation on succession.
(a) If the governor is removed, dies, resigns or is unable to act, the state officer appearing highest on the following list who satisfies all constitutional qualifications for governor and is not under impeachment by the house of representatives shall act as governor until the disability of the governor is removed or a new governor is elected and qualified:
(vi) Attorney general;
(vi)(vii) State superintendent of public instruction;
(vii)(viii) Vice‑president of the senate;
(viii)(ix) Speaker pro tem of the house of representatives.
9‑1‑602. Vacancy in office.
In case of A vacancy in the office of attorney general the governor shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28‑12‑101(b) shall be filled as provided by W.S. 22‑18‑111 except the vacancy shall be subject to senate confirmation as provided in W.S. 28‑12‑101 through 28‑12‑103.
9‑1‑603. Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials; coordination of county and school safety activities.
(b) With the approval of the governor The attorney general may retain qualified practicing attorneys to prosecute fee‑generating suits for the state if expertise in a particular field is desirable.
(c) Upon the failure or refusal of any district or county attorney to act in any criminal or civil case or matter in which the county, state or any agency thereof is a party, or has an interest, the attorney general may, at the request of the board of county commissioners of the county involved or of the district judge of the judicial district involved, act on behalf of the county, state or any agency thereof, if after a thorough investigation the action is deemed advisable by the attorney general. The cost of investigation and the cost of any prosecution arising therefrom shall be paid out of the general fund of the county where the investigation and prosecution take place. The attorney general shall may also, upon direction of the governor, investigate any matter in any county of the state in which the county, state or any agency thereof may be interested. After investigation, the attorney general shall submit a report of the investigation to the governor and to the district or county attorney of each county involved and may take such other action as he deems appropriate.
9‑1‑604. Office in state capital; private practice prohibited; exception.
The attorney general shall keep an office in the state capital, shall not open an office elsewhere and shall not engage in any private practice except to consummate business pending at the time of his appointment election if not in conflict with the duties of his office.
9‑1‑605. Approval of public securities and official bonds; water rights proceedings; investigation of misconduct of county official; commencement of action.
(b) Under the direction of the governor The attorney general shall institute and pursue proceedings to maintain the state's and its citizens' rights in the waters of interstate streams.
(c) Upon representation to the governor attorney general of misconduct or malfeasance in office or the commission of a crime by any county officer in the state and if the governor attorney general believes the ends of justice demand or the matter will not be properly investigated and prosecuted by the sheriff and by the district attorney of the county, the governor may direct the attorney general to may investigate the case.
(d) Upon completion of the investigation, the attorney general shall report the results of the investigation and his recommendations to the governor. If the governor and the attorney general determine that the attorney general should may institute a criminal or civil action, the attorney general shall commence the action as he deems appropriate. The attorney general shall have the authority and duty vested in district attorneys in this state.
9‑1‑608. Assistant attorneys general.
(a) With the approval of the governor, The attorney general may appoint assistant attorneys general necessary for the efficient operation of his office. Each assistant attorney general shall be a member in good standing of the Wyoming bar and shall serve at the pleasure of the attorney general. The assistants shall act under the direction of the attorney general and his deputies. The attorney general, his deputies or his assistants may appear in any courts of the state or the United States and prosecute or defend on behalf of the state. An appearance by the attorney general or his staff does not waive the sovereign immunity of the state.
(b) With the approval of the governor The attorney general may appoint special assistant attorneys general for any purposes. A person shall not be employed as an attorney or legal counsel by any department, board, agency, commission or institution of the state, or represent the state in that capacity, except by the written appointment of the attorney general. Written appointment of the attorney general shall not be required for the employment of legal counsel by elected state officials.
9‑1‑611. Division of criminal investigation; created; definitions; director; appointment; qualifications.
(c) With the approval of the governor, The attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.
9‑1‑633. Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.
(a) A director of the Wyoming law enforcement academy shall be appointed by the attorney general with the consent of the governor. The director and shall serve at the pleasure of the attorney general. He governor. The director shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the attorney general governor.
(b) The director may employ assistants, instructors and other personnel as approved by the attorney general with the consent of the governor. The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9‑1‑701 through 9‑1‑707. The director may appoint full‑time staff instructors who qualify pursuant to W.S. 9‑1‑701 through 9‑1‑707 to perform as peace officers. Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:
9‑1‑636. Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions.
(b) With the approval of the governor, The attorney general shall appoint a director who is the chief administrative officer of the division. The director is responsible to the attorney general for the operation of the division and shall serve at the pleasure of the attorney general.
(c) With the consent of the attorney general and the governor, and subject to legislative appropriation, the director may:
9‑2‑1016. General services division.
(h) The general services division shall:
(i) Manage and control all state motor vehicles and equipment including their identification, purchase, lease, replacement, repair and permanent assignment, except for state owned or leased vehicles personally used by or assigned to the governor, secretary of state, state auditor, state treasurer, attorney general or superintendent of public instruction;
9‑3‑101. Salaries; amount; date of payment.
(a) Salaries for clerk of the supreme court and district court reporters shall be determined by the supreme court as authorized by legislative appropriations. Subject to constitutional limitations the following state officers and members of the judiciary shall receive the salaries indicated by the figures following their respective titles:
(viii) Attorney General $175,000.00.
9‑4‑218. Federal natural resource policy account created; purposes.
(a) There is created an account known as the "federal natural resource policy account." Funds within the account may be expended by the governor on behalf of the state of Wyoming and its local governments, to take any of the actions specified in this subsection related to federal land, water, air, mineral and other natural resource policies which may affect the tax base of the state, wildlife management, state species, recreation, private property rights, water rights or leasehold rights. Funds also may be expended for preparing and participating in environmental impact statements and environmental assessments, including analysis of economic or social and natural or physical environmental effects on the human environment. Funds also may be expended for coordinating and participating in rangeland health assessments pursuant to W.S. 11‑2‑207. The governor may expend funds from the federal natural resource policy account for:
(iii) Investigating, initiating, intervening or otherwise participating in litigation, or taking any other legal action by the state, a state agency or the counties of the state individually or jointly, that furthers the purposes of this subsection. In carrying out this subsection, the attorney general, or the counties, with approval of the governor, may retain qualified practicing attorneys to act for the state or the counties, including providing representation in other forums with the federal government or other state or county governments that may preclude or resolve any outstanding issues or attempting to influence pertinent federal legislation;
9‑13‑102. Definitions.
(a) As used in this article:
(xii) "Public employee" means any of the following state employees:
(A) The attorney general and the director of any department of the executive branch appointed by the governor under W.S. 9‑2‑1706, or the director of any legislative agency;
(xvi) "State office" means the state offices of governor, treasurer, superintendent of public instruction, auditor, secretary of state, attorney general and member of the state legislature;
9‑13‑108. Disclosure required.
(a) Not later than January 31 annually, each of the state's five (5) six (6) elected officials and each member of the Wyoming legislature shall file a financial disclosure form with the secretary of state. The form shall be signed by the elected official or legislator filing it and under a certification that it is accurate. Except as otherwise provided in this subsection, the financial disclosure form shall contain the following information current as of January 15 of that year:
9‑14‑101. Second amendment defense.
The attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of firearms that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms. The attorney general is directed to advance arguments that protect the constitutional right to bear arms. Before intervening in any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.
9‑14‑102. Unauthorized federal agency actions.
(c) The attorney general may seek to take action before the federal environmental protection agency, the federal occupational safety and health administration or in any state or federal court to stop the enforcement, administration or implementation of rulemaking or other actions taken by those agencies if, in his judgment, the rulemaking or other action exceeds the authority granted by the United States congress or otherwise rests on questionable authority. Before intervening in or initiating any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.
18‑3‑902. Attorney general to commence action; petition served with summons; pleading; trial; judgment; change of judge.
(a) Whenever it appears to the governor attorney general on the verified complaint of qualified electors or the board of county commissioners of the county that any county officer is guilty of misconduct or malfeasance in office, he may direct the attorney general to may commence and prosecute an action in the district court of the county in which the officer is an official asking for the removal of the officer. The action shall be commenced by the filing of a verified petition in the name of the state of Wyoming signed by the attorney general setting forth the facts constituting the misconduct or malfeasance in office.
22‑18‑111. Vacancies in other offices; temporary appointments.
(a) Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor. Except as provided in W.S. 28‑12‑101(b) with respect to the office of attorney general, the person appointed shall serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January. Provided, if a vacancy in a four (4) year term of office occurs in the term's second or subsequent years after the first day for filing an application for nomination pursuant to W.S. 22‑5‑209, no election to fill the vacancy shall be held and the temporary successor appointed shall serve the remainder of the unexpired term. The following apply:
28‑1‑115. Submission of state agency plans to legislature; contents; purposes.
(g) For purposes of this section and W.S. 28‑1‑116, "state agency" means:
(ii) Offices of the five (5) elected state officials and the attorney general governor, secretary of state, state auditor, state treasurer, attorney general and state superintendent of public instruction; and
28‑12‑102. Senate consideration of gubernatorial appointments; procedure; roll call vote required.
(c) Except as provided in subsection (d), if the senate does not consent to a nominee for a given office, the governor shall submit the name, address and biography of another person for senate consideration if the legislature is still in session. If the legislature has adjourned, the governor may make a temporary appointment as provided in W.S. 28‑12‑101(b). No person rejected by the senate shall be appointed to or serve in, either temporarily or otherwise, the public office for which his nomination was rejected.
(d) If the senate does not consent to a nominee to fill a vacancy in the office of attorney general submitted by the governor pursuant to W.S. 22‑18‑111(a)(i), the governor shall submit the name of another person from those provided pursuant to W.S. 22‑18‑111(a)(i) for senate consideration if the legislature is still in session. If there are no qualified persons remaining for consideration then the process outlined in W.S. 22‑18‑111(a)(i) shall begin again. If the legislature has adjourned, the governor shall make a temporary appointment as provided in W.S. 28‑12‑101(b) from persons whose names are submitted pursuant to W.S. 22‑18‑111(a)(i). No person rejected by the senate shall be appointed to or serve in, either temporarily or otherwise, the office of attorney general.
35‑7‑1004. Personnel to administer provisions.
The attorney general by and with the consent of the governor may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyoming personnel division. Said personnel shall be assigned such duties as may be necessary to assist the commissioner in the performance of his responsibilities under this act for the efficient operation of the work of the office.
35‑11‑1507. Injunction proceedings; penalties.
(a) When, in the opinion of the governor attorney general, a person is violating or is about to violate any provision of this article, the governor attorney general shall direct the attorney general to apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity. Upon a showing that the person has engaged, or is about to engage in the activity, the court may grant a permanent or temporary injunction, restraining order or other order.
35‑21‑110. Statewide protection order registry.
(a) The Wyoming attorney general or another agency designated by the governor shall establish a statewide registry of protection orders related to domestic violence and shall maintain a complete and systematic record and index of all valid temporary and final civil and criminal court orders of protection.
Section 3. W.S. 9‑1‑618(b)(i) is repealed.
Section 4.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2021.
(b) Sections 2 and 3 of this act are effective January 2, 2023.
(END)
A bill has been introduced to make the personnel files of high ranked state officials public records.
A bill has been introduced to require school districts to exist only on the county level.
The legislature, it should be noted, has passed 33 bills so far in this session, all of which are in the workaday non controversial category.
February 9, 2021
Not in the legislature, but related to it, the Wyoming Republican Party's central committee passed a resolution seeking to severely restrict absentee voting in Wyoming.
Wyoming has had successful absentee voting for decades now so the move appears to be unrelated to anything going on in Wyoming but rather is part of the persistent hard right GOP belief that something went wrong with it elsewhere this year. The resolution also seeks to stop the use of electronic vote counting machines, which are sued, and again successfully, in Wyoming. It also seeks to ban the use of "drop boxes", which aren't used in Wyoming.
The party's leadership is very much in the Trumpite camp and is demonstrating it through a series of resolutions such as this, most notably the recent resolution to censure Liz Cheney. How this will play out by 2022 isn't clear, but it seems likely that the ultimate end of this will not be good for the party. On this particular topic, this is a retrograde movement that seeks to do away with decades of common Wyoming practice and one that was particularly widely used this year given the COVID 19 pandemic.
The party is hoping this will find expression in legislation this year.
HB 106 seeks to provide money to the parents of home schooled children or those attending private schools. It's text reads:
HOUSE BILL NO. HB0106
Wyoming education options act.
Sponsored by: Representative(s) Wilson, Andrew, Duncan, Gray, Jennings and Zwonitzer and Senator(s) Boner, Ellis and Steinmetz
A BILL
for
AN ACT relating to education; establishing the Wyoming education options act; authorizing reimbursement of private school costs for students; providing rulemaking authority; requiring reports; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21‑4‑507 is created to read:
21‑4‑507. Wyoming education options act.
(a) As used in this section "private school" means education provided in person or by virtual or correspondence methods and includes any nonpublic school providing a basic academic educational program for a resident child in any grade of kindergarten through grade twelve (12). "Private school" may include parochial, church or religious schools, or education provided by a parent, guardian, tutor or instructor in the home of the student, in the home of another student or in another agreed upon location through a cooperative arrangement with another parent or guardian.
(b) The board of trustees of every school district in the state shall, in consideration of the cost savings to the district and upon a request submitted pursuant to this section, reimburse parents or guardians for the educational expenses of any student who is a resident in the school district and who is enrolled in a private school within that district or another district if the parent or guardian desires for the student to attend the private school. Any student who was not previously enrolled in the school district shall provide proof of residency and age.
(c) The parent or guardian of a student attending private school may request reimbursement for educational expenses on a quarterly basis from the school district in which the student resides, including documented expenses for tutoring, tuition, fees, curriculum, supplemental materials and activities. The cumulative amount of reimbursement for a school year under this section shall be the lesser of the actual educational expenses or fifty percent (50%) of the per student amount received by the school district from the school foundation program computed under W.S. 21‑13‑309(p) and less adjustments made under W.S. 21‑13‑309(m)(v)(E). The department of education shall prescribe a form and shall adopt rules for requesting reimbursement that a school district shall use for purposes of this section. Based on reports provided to the department under subsection (f) of this section, the department may establish and maintain a database of expenses previously approved by districts for reimbursement under this section. The database shall not be construed to limit any expenses otherwise eligible for reimbursement under this section. Allowable expenses shall include any educational expenditure that is similar to an expenditure made by a school district, excluding purchases of vehicles or expenses for building construction or maintenance. The school district shall reimburse the parent or guardian within thirty (30) days of application. Requests for reimbursement under this subsection:
(i) Shall include an itemized list of expenses on a form as specified by the department, including receipts or other proof of expenses as required by rule of the department;
(ii) May include fees paid under W.S. 21‑4‑506 for participation in school district activities;
(iii) Shall not include costs of uniforms or clothing that the student would not be required to wear if attending a public school and shall not include any cost or expense for the time of a parent or guardian to provide instruction;
(iv) Shall not include tuition paid to attend any school which receives funding from the state for educational instruction. This paragraph shall not apply to fees paid pursuant to W.S. 21‑4‑506 for participation in school district activities;
(v) Shall certify compliance with the requirements of W.S. 21‑4‑102(b). A curriculum submitted by a parent or guardian shall be presumed to meet the requirements of a basic academic educational program unless demonstrated otherwise by the school district. No parent or guardian shall be required to use any curriculum used by the school district.
(d) Parents intending to request reimbursement under this section shall notify the school district of their intent in writing no later than August 1 of each year for the fall semester of that year and December 1 of each year for the immediately following spring semester.
(e) Except as otherwise provided in this subsection, a student who is attending private school under this section shall not enroll as a student in the school district during that same semester and shall not use transportation services of the school district except for activities for which the student has paid fees under W.S. 21‑4‑506. A student who is attending private school under this section may take statewide or district assessments administered under W.S. 21‑2‑304, but those scores shall not be included in the school level performance ratings under W.S. 21‑2‑204. If a student for any reason enrolls in a public school district in a semester for which the parent or guardian received reimbursement for private school under this section, the district may require the parent or guardian to remit a proportionate amount of that reimbursement to be paid back to the district for the costs of public school education.
(f) If reimbursement is denied or not issued by the school district within thirty (30) days of an application:
(i) The school district shall provide the applicant a written explanation of the reasons for denial. If the expense was not properly documented, the school district shall provide an opportunity to resubmit the reimbursement request and shall provide reimbursement within thirty (30) days of receiving a corrected report with eligible expenses;
(ii) An applicant may appeal to the state department of education for expenses that are denied by a school district. The department shall approve reimbursement within ten (10) days of an appeal under this paragraph for all expenses that the department finds are allowable for reimbursement;
(iii) The school district shall not withhold reimbursement for any expense due to the rejection of reimbursement for any other expense submitted by the same applicant.
(g) If a school district determines that any expense reimbursed by the school district was in error or due to fraud by the applicant, the school district shall withhold that amount from any future valid claims for reimbursement by the same applicant.
(h) A school district reimbursing a parent or guardian for the enrollment of a student in a private school under this section shall:
(i) Include the student within its average daily membership (ADM) under W.S. 21‑13‑309(m)(iv) in accordance with rules and regulations of the department and shall receive all foundation program amounts associated with that student;
(ii) Keep records of the number of students enrolled in private school under this section and the amounts reimbursed, with aggregated non‑personally identifiable data available to the public;
(iii) Not be responsible for developing an individualized education program (IEP) for a student who is attending a private school under this section;
(iv) Report to the state department of education the number of students receiving reimbursement under this section and the amounts reimbursed by the district.
(j) The department of education shall report the data required in paragraph (f)(iv) to the joint education committee not later than June 30 of every year.
Section 2. The department of education shall adopt rules and forms pursuant to the provisions of W.S. 21‑4‑507 as created by section 1 of this act not later than July 1, 2021.
Section 3.
(a) Except as provided in subsection (b) of this section, 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.
(b) Section 1 of this act is effective July 1, 2021.
There's something a bit intellectually inconsistent with this bill to some degree. Some conservatives feel that state education is flawed as its conducted by the state, and there for the state has its hooks in it, for lack of a better way to put it. But funding is the ultimately hook, or at least that is commonly argued.
A bill has been introduced on fossil ownership:
SENATE FILE NO. SF0088
Ownership of fossils and artifacts.
Sponsored by: Senator(s) Kost, Boner, Driskill and Hicks and Representative(s) Barlow, Flitner and Sommers
A BILL
for
AN ACT relating to property and conveyances; specifying ownership of fossils, artifacts and non-fossilized animal remains discovered in split estates; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 34‑1‑154 is created to read:
34‑1‑154. Ownership of fossils and artifacts.
(a) The ownership of any fossil, artifact or non-fossilized animal remains discovered in the strata below the surface lands and waters of the state is vested in the owner of the surface estate, unless otherwise conveyed by a clear and express grant or governed by W.S. 7‑4‑106.
(b) When used in any instrument, unless the clear and express terms or the context of the instrument provide otherwise, the term "minerals" does not include fossils, artifacts or non-fossilized animal remains.
(c) As used in this section:
(i) "Fossil" means any fossilized remains, traces or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, but does not include oil, gas or other hydrocarbons;
(ii) "Artifact" means any material remains of past human life or human activities that are of archaeological interest.
Section 2. This act shall apply to any existing or future transfer of ownership of the strata below the surface lands and waters of the state.
Section 3. This act is effective July 1, 2021.
Another has been introduced on hemp growing, precluding smokable variants from being grown.
A bill has also been introduced to prohibit governmental entities from requiring vaccinations.
SENATE FILE NO. SF0094
Prohibiting coerced vaccinations.
Sponsored by: Senator(s) Bouchard, Driskill, French, Hutchings, James, McKeown and Steinmetz and Representative(s) Bear, Fortner, Gray, Styvar, Wharff and Winter
A BILL
for
AN ACT relating to public health and safety; prohibiting governmental entities or public employees from forcing, requiring or coercing immunizations or vaccinations for COVID-19 or influenza; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35‑4‑140 is created to read:
35‑4‑140. No required vaccinations for COVID‑19 or influenza.
No governmental entity or public employee shall force, require or coerce a person to receive an immunization or vaccination for coronavirus disease 2019 (COVID-19), first detected in Wuhan, Hubei province, People's Republic of China, or influenza against the person's will, nor shall the state health officer include them in any required immunization under W.S. 21‑4‑309.
Section 2. W.S. 35‑4‑113(b)(intro) and 35‑4‑115(a) by creating new paragraphs (iii) and (iv) are amended to read:
35‑4‑113. Treatment when consent is not available; quarantine.
(b) Except as otherwise prohibited by W.S. 35‑4‑140, during a public health emergency, the state health officer may subject a person to vaccination or medical treatment without consent in the following circumstances:
35‑4‑115. Definitions.
(a) As used in this article:
(iii) "Governmental entity" means as defined in W.S. 1‑39‑103(a)(i);
(iv) "Public employee" means any employee of, or person providing services as an independent contractor of, a governmental entity.
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.
(END)
This latter bill would essentially mean that schools couldn't require their employees to be vaccinated.
A bill allowing those licensed in other areas who come into the state with their military spouses to practice in Wyoming has passed. It provides:
ORIGINAL SENATE ENGROSSED
FILE NO. SF0018
ENROLLED ACT NO. 13, SENATE
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 GENERAL SESSION
AN ACT relating to professions and occupations; amending professional licensing requirements for military spouses; providing for the issuance of professional and occupational licenses to qualified applicants from other states; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 33‑1‑120 is created to read:
33‑1‑120. Professional and occupational licensure for qualified individuals licensed in other jurisdictions.
(a) As used in this section:
(i) "Active" means a status of occupational or professional licensure which has not been suspended, revoked or terminated and which is not otherwise inactive;
(ii) "Applicant" means a natural person seeking licensure from a professional or occupational licensing board of this state;
(iii) "Good standing" means a status of occupational or professional licensure which is in compliance with all requirements imposed by the issuing licensing, certification or registration authority;
(iv) "License" means any license, certificate or registration required to practice an occupation or profession.
(b) A professional or occupational licensing board shall issue a license to an applicant to allow the applicant to lawfully practice a profession or occupation requiring licensure in this state if the Wyoming licensing board determines that the applicant:
(i) Holds a relevant, active occupational or professional license in good standing from another state that mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure than the licensing entity in this state. Substantial equivalency shall be determined pursuant to rules adopted by the licensing board in Wyoming provided that:
(A) The educational equivalency shall be determined by whether the degree required is a doctorate, master, bachelor, associate or other degree with curriculum deemed substantially equivalent by the licensing board;
(B) If the Wyoming licensing board requires an examination for licensure, the substantially equivalent examination requirement may be met by passing the same or an earlier version of the exam. The Wyoming licensing board shall waive this requirement if the individual has been licensed for more than ten (10) years;
(C) In evaluating any work experience requirements the provisions of subsection (c) of this section shall apply;
(D) In addition to any exam required under subparagraph (B) of this paragraph the Wyoming licensing board may require an examination relating to the specifics of Wyoming law and regulations regardless of the length of time the individual has been licensed.
(ii) Demonstrates competency in the occupation or profession for which the applicant seeks licensure. Competency shall be determined pursuant to rules that shall be adopted for that purpose and may include consideration of continuing education credits, recent work experience, prior licensing examinations, disciplinary actions taken against the applicant in other states and other appropriate factors;
(iii) Has not engaged in any act that would constitute grounds for refusal, suspension or revocation of the occupational or professional license sought in this state; and
(iv) Has completed all required application procedures and paid any required fee.
(c) All relevant work experience of an applicant, including full‑time or part‑time experience, regardless of whether in a paid or volunteer capacity, may be credited in any work experience requirement adopted by an occupational or professional licensing board.
(d) This section shall apply to all applications for licensure under W.S. 21‑2‑802 or under title 33 of the Wyoming statutes except for the following:
(i) An application to be an attorney at law under chapter 5 of title 33;
(ii) An application to any board which represents a profession with prescriptive drug authority, but only with respect to the profession with the prescriptive drug authority.
(e) Nothing in this section shall be held to limit the rights or privileges of a military service member under W.S. 33‑1‑116.
Section 2. W.S. 33‑1‑117(b)(intro), (i), (e) and by creating a new subsection (g) is amended to read:
33‑1‑117. Temporary permits for military spouses.
(b) A professional or occupational licensing board shall issue a an expedited license to a military spouse to allow the military spouse to lawfully practice a profession or occupation requiring licensure in this state if the military spouse:
(i) Holds a relevant, active occupational or professional license in good standing from another state; which state mandates substantially equivalent or more stringent educational, training, examination and experience requirements for licensure. Substantial equivalency shall be determined pursuant to rules which shall be adopted by the licensing board from which the military spouse applicant seeks licensure;
(e) Pursuant to rules which may be adopted for this purpose, a professional or occupational licensing board may issue a temporary practice permit to a military spouse applicant who meets the requirements of paragraph (b)(i) of this section and who has applied for a professional or occupational license under this section. The military spouse applicant may practice under the temporary permit for a period not to exceed one hundred twenty (120) days three (3) years provided the military spouse is making progress toward satisfying the unmet licensure requirements, or until the professional or occupational license for which they have applied has been either granted or denied, whichever first occurs. A board shall not charge a military spouse any fees for a temporary permit under this subsection.
(g) On each licensure application or renewal form, a professional or occupational licensing board shall inquire and maintain a record of whether an applicant is a member of the military or military spouse. If an applicant self‑identifies as and provides the board with satisfactory proof that the applicant is a military spouse, the board shall immediately commence the process of issuing a license or temporary permit.
Section 3. Professional and occupational licensing boards shall adopt rules necessary to implement this act.
Section 4.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2021.
(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.
(END)
| | | |
Speaker of the House | | | President of the Senate |
| | |
| Governor | |
| | |
| TIME APPROVED: _________ | |
| | |
| DATE APPROVED: _________ | |
I hereby certify that this act originated in the Senate.
This bill seems to naively assume competence based on marriage.
