2022 Wyoming Legislative Session. Part V. The bringing home the bacon edition

Well, we're into Part V, and bills are becoming laws.

March 9, 2022

The House rejected the Senate amendments on redistricting.

The bill to limit the time prior to a election to change party affiliation died.

March 10, 2022

Governor Gordon Takes Action on 29 Bills on Wednesday, March 9

CHEYENNE, Wyo. –  Governor Mark Gordon took action on 29 bills on Wednesday, March 9. The Governor signed the following bills into law today:

Bill No.	Enrolled Act #	Bill Title
HB00045	HEA0009	Mine reclamation bonding-voluntary assigned trusts.
HB0043	HEA0010	Trophy game, big game and wild bison license allocations.
HB0039	HEA0011	Pre-application determinations for licensing.
HB0007	HEA0012	Commercial vehicle driving disqualification.
HB0065	HEA0013	County tax protest-filing date.
HB0079	HEA0014	Employment support fund-amendments.
HB0087	HEA0015	Insurance investment amendments.
HB0088	HEA0016	Name change notice publication of minors amendment.
HB0108	HEA0017	Funeral service practitioner amendments.
HB0110	HEA0018	Board of psychology-behavior analyst regulation.
HB0125	HEA0019	Workplace injury assistance-information and guidance.
HB0017	HEA0020	Veterans facilities-surrounded by grazing.
HB0004	HEA0021	Water permits-livestock on federal land.
HB0080	HEA0022	Campaign reports-amendments.
HB0052	HEA0023	Timeline to prepare and process absentee ballots.
HB0047	HEA0024	Local impact assistance payments.
HB0033	HEA0025	Community health services-continued redesign efforts.
HB0015	HEA0026	Political subdivision club liquor licenses.
HB0016	HEA0027	Military assistance trust fund-authorized uses.
HB0018	HEA0028	Off-road recreational vehicle registration amendments.
HB0060	HEA0029	Fiscal training and enforcement of financial reporting laws.
HB0062	HEA0030	Insurance amendments.
HB0076	HEA0031	Single office real estate brokers-licensing requirements.
HB0081	HEA0032	Operation of motorcycles-disabled persons.
HB0082	HEA0033	Military discharge and benefits.
SF0006	SEA0013	Aquatic invasive species-inspection enforcement.
SF0034	SEA0015	Inheritance tax fees-repeal.
SF0068	SEA0016	Decentralized autonomous organizations-amendments.
SF0075	SEA0017	Deferred annuities-minimum nonforfeiture.

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website.

-END-

The law on license allocation provides:

ENROLLED ACT NO. 10, HOUSE OF REPRESENTATIVES

 

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2022 BUDGET SESSION

 

 

 

 

AN ACT relating to game and fish; modifying license allocations for resident and non-resident hunters for grizzly bears, mountain goats, bighorn sheep, wild bison and moose; imposing lifetime restrictions on bighorn sheep, wild bison and moose; creating exceptions; making conforming amendments; repealing obsolete language; requiring rulemaking; and providing for effective dates.

 

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

 

Section 1.  W.S. 23‑1‑302(p), 23‑1‑703(a) through (c) and (e), 23‑1‑705(a) and (k), 23‑2‑101(g) and (k) and 23‑2‑107(f)(intro) are amended to read:

 

23‑1‑302.  Powers and duties.

 

(p)  The commission may, by rule and regulation, establish a process by which big game licenses, trophy game licenses and wild bison licenses may be issued by a competitive raffle and prescribe the manner of payment for which raffle chances are sold and the amount of payment for each raffle chance.  No more than two (2) licenses for each big game species and trophy game species and no more than two (2) wild bison licenses shall be issued under this subsection. Each license issued for bighorn sheep, moose, mountain goat, or grizzly bear or wild bison through a competitive raffle shall, when applicable, be counted against any nonresident quota. The five (5) year restriction imposed on the receipt of a moose or big horn bighorn sheep license by W.S. 23‑1‑703(b) or the lifetime restriction imposed on the receipt of a grizzly bear, or mountain goat, bighorn sheep, wild bison or moose license by W.S. 23‑1‑703(c), and any restriction imposed on the receipt of a wild bison license by W.S. 23‑2‑107 shall not be applicable in any manner to a license issued pursuant to this subsection.  The commission shall issue licenses upon receipt of the proper license fee by the successful competitive raffle winner. Nothing in this subsection shall authorize the issuance of a license to any person whose privilege to procure, purchase or possess a license has been suspended pursuant to this act or by operation of law.

 

23‑1‑703.  Limitation of number of certain licenses; reservation of certain licenses; reservation of certain unused licenses.

 

(a)  The commission may limit the number of resident or nonresident big or trophy game animal licenses or wild bison licenses to be sold in any calendar year and may designate dates after which one (1) or more classes of licenses will not be sold except as authorized by the commission.

 

(b)  Except as specifically provided under this subsection, subsection (f) of this section or W.S. 23‑1‑705(a), Subject to subsection (c) of this section, no person may apply for and receive more than one (1) cow or calf moose or one (1) ram ewe or lamb bighorn sheep license in any consecutive five (5) year period. Effective for the 1995 hunting season and each hunting season thereafter, licenses issued under this subsection shall be based upon the number of points assigned to each applicant for a particular species. Effective January 1, 2000, Licenses issued under this subsection shall be issued partially through a preference point drawing and partially through a random drawing of all remaining unsuccessful applicants for that year.  The department shall assign points to each license applicant for a specific species by multiplying the number of years the applicant has unsuccessfully applied for a license times one (1). The calculation used to assign points to an applicant for a particular species under this subsection shall include any year the applicant does not apply for a big or trophy game animal hunting license for that species, provided in the case of a resident the applicant pays the fee specified in W.S. 23‑2‑101(k), and in the case of a nonresident, the applicant pays the appropriate fee established by the commission under W.S. 23‑2‑101(m). License applicants within each hunt area for a species shall be grouped according to the number of assigned points for that species. Not less than seventy‑five percent (75%) of available licenses within any hunt area shall be randomly selected through a preference point drawing from among the group of applicants with the largest number of assigned points and shall continue until all applicants within that group have been exhausted or until all available licenses have been issued, whichever first occurs. If any applicant grouping has been exhausted and licenses remain available within that hunt area, selection shall continue from among the group of applicants with the next largest number of assigned points. After the selections through the preference point drawing have been completed within a hunt area, the remaining licenses available from that drawing and the licenses available for the random drawing for that hunt area will be issued through a random selection from among all applicants in the hunt area who were not selected for issuance of a license for the species through the preference point drawing in that hunt area. For purposes of assigning points under this subsection, any unsuccessful license applicant failing to apply for a license, or pay the applicable fee in lieu of applying, during the second calendar year shall be considered to be a first year applicant for any subsequent calendar year in which the applicant submits license application for that particular species.

 

(c)  For the 1995 hunting season and each hunting season thereafter, Except as provided in this subsection and subsection (f) of this section or by rule of the commission, no person who is issued a hunting license on and after July 1, 2022 for a grizzly bear, or for a mountain goat, any moose or antlered moose, any ram bighorn sheep, any bighorn sheep and any wild bison, and no person who, on July 1, 2022, is subject to the five (5) year restriction under subsection (b) of this section for a moose or bighorn sheep license, shall be eligible to apply for or receive a hunting license for that particular species in any future year. The commission may issue hunting licenses to any person in future years when necessary for wildlife management purposes to harvest grizzly bear, mountain goat, ewe or lamb bighorn sheep or cow or calf moose. The commission may issue hunting licenses to any person to harvest cow or calf wild bison pursuant to W.S. 23‑2‑107(f).

 

(e)  The commission shall reserve eighty percent (80%) of the moose and seventy‑five percent (75%) of the ram and ewe and lamb bighorn sheep, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters ninety percent (90%) of the bighorn sheep, wild bison, moose, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters and the remaining ten percent (10%) of the bighorn sheep, wild bison, moose, mountain goat and grizzly bear licenses shall be reserved for nonresident hunters. The commission shall determine the allocation of resident and nonresident mountain lion harvest.

 

23‑1‑705.  Complimentary licenses; pioneer licenses; antelope hunt licenses; gunpowder and buckskin hunt licenses; gratuitous licenses; donated licenses.

 

(a)  At the request of the governor, the commission shall annually issue up to twenty‑five (25) complimentary hunting and twenty‑five (25) complimentary fishing licenses.  Not more than five (5) big horn bighorn sheep, five (5) moose and five (5) wild bison licenses shall be issued under this subsection. The five (5) year restriction imposed on the receipt of a moose, or big horn bighorn sheep or wild bison license by W.S. 23‑1‑703(b) and (c), and any restriction imposed on taking of wild bison under commission rule and regulation shall not be applicable in any manner to a license issued pursuant to this subsection.  Except as provided under subsection (g) of this section, no complimentary licenses may be issued at the request of the appointed commissioners. Immediately upon issuance of any of these licenses, the commission shall submit to the secretary of state for maintenance as a public record, the name and address of each licensee and the type of license issued.

 

(k)  The holder of any valid big game animal license, trophy game animal license, an any wild bison license or a female or calf wild bison license may surrender said license to the department for reissuance to a veteran with disabilities or a person with a permanent disability who uses a wheelchair as established by commission rule and regulation selected and sponsored by a nonprofit charitable organization providing hunting opportunities for disabled veterans or persons with permanent disabilities who use wheelchairs to a veteran with disabilities or a person with a permanent disability who uses a wheelchair.  Any license reissued in accordance with the provisions of this subsection shall be for the same species, area and license type as the license donated.  The license shall be reissued by the department to a qualifying person at no fee.  Any license donated and reissued under the provisions of this subsection shall not be sold, traded, auctioned or offered for any monetary value and shall not be issued to, or used by, any person other than a qualifying person under the provision of this section and in compliance with commission rule and regulation.  Licenses reissued to persons pursuant to this subsection shall not be subject to residency, drawing or fee requirements under W.S. 23‑2‑101 or 23‑2‑107. The five (5) year restriction imposed on the receipt of a cow or calf moose or big horn a ewe or lamb bighorn sheep license by W.S. 23‑1‑703(b), the lifetime restriction imposed on the receipt of a grizzly bear, or mountain goat, ram or any bighorn sheep, any wild bison or any moose or antlered moose license by W.S. 23‑1‑703(c) or the restrictions imposed on the harvest of a wild bison under W.S. 23‑2‑107(f) shall not be applicable in any manner to a license issued pursuant to this subsection.

 

23‑2‑101.  Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.

 

(g)  In promulgating rules and regulations for the taking of bighorn sheep and moose, the commission shall not discriminate between residents and nonresidents regarding the maturity, and horn size or sex of the animals which may be taken.  Nothing in this subsection shall be construed as prohibiting the commission from issuing a different number of licenses for residents and nonresidents, from requiring a preference point fee from nonresidents only pursuant to subsection (m) of this section or from issuing reduced price ewe and lamb bighorn sheep licenses as provided in subsection (d) of this section.

 

(k)  Any resident qualified to purchase a moose or ram big horn bighorn sheep hunting license under subsection (j) of this section may pay a fee of seven dollars ($7.00) in lieu of applying for a moose or ram big horn bighorn sheep hunting license.  Payment of the fee for a particular species under this subsection shall authorize the person to accumulate points under W.S. 23‑1‑703(b) for that year in the same manner as if he had unsuccessfully applied for a hunting license for that species. Payment of the fee shall be made in compliance with application dates.

 

23‑2‑107.  Wild bison licenses.

 

(f)  Any No person who is issued: may apply for or receive more than one (1) cow or calf wild bison license in any consecutive five (5) year period, except as authorized pursuant to W.S. 23-1-703(c).

 

Section 2.  W.S. 23‑2‑107(f)(i) and (ii) is repealed.

 

Section 3.  The game and fish commission shall promulgate all rules necessary to implement the provisions of this act by January 1, 2023.

 

Section 4.  

 

(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2022.

 

(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.

March 11, 2022

The abortion "trigger" bill, which outlaws abortion if the U.S. Supreme Court determines that Roe v. Wade is no longer the law and returns this matter to the states, passed, as amended.  The amendments made exceptions for rape and incest.

Anthony Bouchard, the far right populist Senator who made a career out of being controversial in some ways, was censured by the Senate and stripped of his commitee assignments for "using intimidating tactics against members of the Senate and members of the public."

The final straw apparently was when Bouchard indicated to some lobbyiest that he had "film" that pertained to them, but he has a long history of being very aggressive in general.  The Senate leadership noted that decorum had declined in the legislature in recent years and attributed the decline to Bouchard.

March 12, 2022

Governor Gordon Takes Action on 8 Bills on Friday , March 11

 

CHEYENNE, Wyo. –  Governor Mark Gordon has taken action on eight bills on Friday, March 11. The Governor signed the following bills into law today:

Bill No.   Enrolled Act # Bill Title

HB0117 HEA0034           Occupational therapy licensure compact.

HB0031 HEA0048           Wyoming's tomorrow scholarship program.

SF0049 SEA0023             Repeal of specified state boards and commissions.

SF0019 SEA0026            County optional property tax refund program.

SF0032 SEA0028            K-3 reading assessment and intervention program.

SF0038 SEA0030            Monthly ad valorem tax revisions.

SF0043 SEA0034            Community college district elections.

SF0011 SEA0036            Display of state flag.

The full list of bills the Governor has taken action on during the 2022 Legislative Session, as well as the Governor’s letters, can be found on the Governor’s website. 

-END-

March 13, 2022

A compromise redistricting bill was passed on Friday, minutes before the deadline, which left two districts slightly out of compliance, and created some sort of resoution process should a Natrona County district have a problem.  Frankly, the result isn't clear to me.

March 15, 2022

Sentate leaders have asked for a formal investigation into the conduct of Anthony Bouchard.

Governor Gordon Takes Action on 28 Bills on Tuesday, March 15

CHEYENNE, Wyo. –  Governor Mark Gordon has taken action on 28 bills on Tuesday, March 15. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0049 HEA0035 Election reporting requirements.

HB0056 HEA0037 Examination of books of certain districts and entities.

HB0055 HEA0038 Liquor licenses-airport exemption.

HB0089 HEA0040 Monthly ad valorem tax revisions-enforcement.

HB0072 HEA0041 Hunting license application funds.

HB0071 HEA0043 Driving while license suspended-enhancement amendment.

HB0010 HEA0046 Tribal reference amendments.

HB0044 HEA0050 Mobile home and vehicle titles and transfers.

HB0073 HEA0051 Omnibus water bill-planning.

HB0107 HEA0053 Water state revolving funds amendments.

HB0053 HEA0054 Military department-discrimination or harassment grievances.

HB0064 HEA0055 Vehicle service contracts.

HB0092 HEA0057 Abortion prohibition-supreme court decision.

SF0018 SEA0022 County road maintenance fund amendments.

SF0048 SEA0024 2022 large project funding.

SF0026 SEA0025 District judge positions-authorization and funding.

SF0010 SEA0027 Predator control.

SF0077 SEA0031 Name change-duration of residency requirement.

SF0073 SEA0032 Codifying the institutional land fund.

SF0053 SEA0033 Local government liability pool amendments.

SF0003 SEA0035 Radioactive materials transport fee.

SF0101 SEA0037 Epinephrine and naloxone administration authority.

SF0035 SEA0041 Electric vehicle charging stations-regulation exemption.

SF0085 SEA0042 Child care facility certification exemption.

SF0092 SEA0043 Driver's license renewal or extension-exception.

SF0040 SEA0045 Criminal record dissemination-military department.

SF0082 SEA0048 Supplemental water development funding.

SF0061 SEA0049 Sage grouse game bird farms-no certification expiration-2.

Governor Gordon made the following comments in support of HB 0089, Monthly ad valorem tax revisions-enforcement:

“This legislation addressed a glaring hole in statute and now allows the Oil and Gas Commission to order wells shut-in and sealed upon written notice from the Department of Revenue. This sorely-needed bill enhances efforts to collect millions of dollars in back taxes owed to counties.”

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 17, 2022

In a truly unexpected story, the Wyoming Speaker of the House has turned a matter over to the Wyoming Highway Patrol, which provides legislative security, for investigation. The matter involves a claim by Ethete House member Rep. Andi LeBeau that she was told that Rep. John Romero-Martinez, R-Cheyenne, made a threat against her during a phone call with a lobbyist.

LeBeau did not take the threat lightly, and was so shook up by the threat that she abstained from attending the last day of the session.   Former legislator Sara Burlingame turned the matter over to the Cheyenne Police Department.

There's some suggestion that this may stem from a dispute over a bill which Romero-Martinez proposed to codify Federal Indian treaties.  LeBeau, who is an enrolled member of one of the Tribes, opposed it noting that the Tribes do not have a position on this matter, and that the Arapaho lack a treaty with the United States providing for a reservation, which is quite correct.  As an aside, this would further be complicated by the fact that this topic is already occupied by a provision of the United States Constitution and the state probably lacks authority to act at all.

UPDATED-- Governor Gordon Takes Action on 6 Bills on Wednesday, March 16

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on six bills on Wednesday, March 16. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0003 HEA0049 State land leases.

HB0146 HEA0058 General government reports.

HB0042 HEA0061 Local government distributions.

SF0027 SEA0029 Dissolution of county boards-authority.

SF0080 SEA0040 Omnibus water bill-construction.

SF0041 SEA0038 Expanding next generation 911.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END

March 18, 2022

Governor Gordon Takes Action on 3 Bills on Thursday, March 17

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on three bills on Thursday, March 17. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0123 HEA0036         Mine reclamation-disposal of materials.

HB0005 HEA0045         Wild horse and burro management.

SF0008 SEA0039           Weed and pest-reorganization.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 22, 2022

Governor Gordon Takes Action on 7 Bills on Monday, March 21

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on three bills on Monday, March 21. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

 

HB0136 HEA0039         Underground water contested case hearings.

HB0131 HEA0059         Nuclear power generation and storage-amendments.

HB0105 HEA0060         Severance tax reduction-coal.

SF0100 SEA0044           Stalking amendments.

SF0102 SEA0046           Second Amendment Protection Act.

SF0078 SEA0047           Language proficiency-seal of biliteracy.

SF0047 SEA0053           Carbon storage and sequestration-liability.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 23, 2022

Governor Gordon Takes Action on 3 Bills on Tuesday, March 22

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on three bills on Tuesday, March 22. The Governor signed the following bills into law today:

Bill No. Enrolled Act # Bill Title

HB0002 HEA0044         Disposition of water rights.

SF0009 SEA0021           Revenue bonds for agricultural endeavors.

SF0086 SEA0051           Wildfires one-call amendment.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

March 26, 2022

The redistricting bill has passed into law without the Governor's signature.  It is probable that it will be challenged in court.

Last Prior Edition:

2022 Wyoming Legislative Session. Part IV. The sleeping tiger edition.

2022 Wyoming Legislative Session. Part IV. The sleeping tiger edition.

Khrushchev reminds me of the tiger hunter who has picked a place on the wall to hang the tiger's skin long before he has caught the tiger. This tiger has other ideas.   

John F Kennedy 

We don't usually feature news from other legislatures in this section, but here the timing suggests we should.

Yesterday we ran this item:

Lex Anteinternet: 2022 Wyoming Legislative Session. Part II. Red Mea...: Yesterday we noted, and quoted for the first time in the long-running (seven months) first part of the 2022 series on the legislature, some ...

On the same day, Governor Noem of South Dakota signed into law a bill that achieves the same goals, more or less.

In other news, Wyoming Senator Bo Biteman told a Chamber of Commerce meeting that he is going to introduce legislation calling for a Constitutional Convention.

This is sort of a perennially popular idea with some conservatives who don't seem to realize that once, called, the convention can do anything.  Proof of this is the Constitution itself, as that convention was called merely to fix the Articles of Confederation.

Happy in that belief, conservatives imagine that the convention would gather and pass a balance budget amendment.  Based on the spirit of the times when it gathered, however, it might do damage to democracy, or it might enshrine a right to bodily privacy (abortion) in the text, or wipe out the Second Amendment.

February 8, 2022

A bill has been introduced to reimburse oil and gas and coal producers the increased amounts they have to pay in increased royalties from state proceeds that are drawn from the state's share of those funds.

Once again, a state which is short of money is finding a way to have less of it.  This bill is supposed to send a message to the Federal Government, but the message it may be sending might not be the one Wyomingites really want it to receive.

Another to create a runoff system has been introduced, something that has been kicked around since the 2018 election when populists felt that they were cheated in the Governor's race by losing that election when two populist candidates, the late Foster Freiss and Harriet Hageman took votes from each other.

February 9, 2022

A bill has been introduced to do away with the 2/3s requirement to introduce a bill in the budget session.  It would require an amendment to the state constitution in order to achieve this.

February 11, 2022

An Educational Transparency Bill has been introduced that would require each school district to list its curriculum materials by grade level and subject.

February 11, 2022, cont

A bill calling for a constitutional convention has been introduced.  It will fail.

In terms of education, a bill banning the teaching of "critical race theory" has been introduced.

A bill to rename Wyoming Boulevard, a section of state highway, the Donald J. Trump Highway has been introduced.  It will fail.

This is a budget session, and we're seeing the introduction of bills that would fail in the regular session.  Introducing them in the budget session is a guaranteed failure, which in a way may serve its own purpose.  The House members associated with these bills are all populists.  Some Senators appear, but notably absent is Sen. Bouchard, while notable present is Rep. Gray. The two were fellow travelers up until Gray announced for the House.

February 12, 2022

A bill has been introduced which would make abortions illegal, save for protecting the life of the mother, hinged on the Supreme Court overruling Roe v. Wade.  Whatever a person thinks of the issue, that it would be brought up in this session makes sense.

Another bill has been introduced to create a certificate of biliteracy for graduating high school students who are proficient in more than one language.

A bill has been introduced which would recognize those discharged from the armed forces for refusing to receive COVID 19 vaccines as honorably discharged.

February 13, 2022

Senate File 64 makes an attempt to extend the viability of existing coal-fired power plants through the following amendments to an existing statute.

37‑3‑117.  Limitation for recovery of costs associated with electric generation built to replace retiring coal-fired generation facility.

 

(a)  Notwithstanding any other provision of this chapter:

 

(ii)  In addition to the requirements of paragraph (i) of this subsection, any electric public utility seeking to retire a coal‑fired electric generation facility shall make a good faith effort to sell the facility to a person who would install and operate carbon capture, utilization and storage technology at the facility;

 

(ii)(iii)  The rates charged by an electric public utility, other than a cooperative electric utility, shall not include any recovery of or earnings on the capital costs associated with new electric generation facilities built, in whole or in part, to replace the electricity generated from one (1) or more coal fired electric generating facilities located in Wyoming and retired on or after January 1, 2022, unless the commission has determined that the public utility that owned the retired coal fired electric generation facility made a good faith effort to sell the facility to another person prior to its retirement in accordance with paragraphs (i) and (ii) of this subsection and that the public utility did not refuse a reasonable offer to purchase the facility or the commission determines that, if a reasonable offer was received, the sale was not completed for a reason beyond the reasonable control of the public utility.

 

37‑18‑102.  Energy generation portfolio standards; reporting requirements; rate recovery and limitations.

 

(a)  Consistent with the objective of ensuring Wyoming electric utilities maintain access to reliable and cost effective electric generation resources and subject to subsection (f) of this section, the public service commission shall establish by rule energy portfolio standards that will maximize the use of dispatchable and reliable low‑carbon electricity. In establishing standards, the commission:

 

(f)  Any public utility that elects to install and operate carbon capture, utilization and storage technology at an otherwise retiring coal‑fired electric generation facility in accordance with W.S. 37‑3‑119(c)(i) or (ii) shall be deemed to have complied with any standards established under this section.

 

Section 3.  The public service commission shall promulgate all rules necessary to implement this act.

 

Section 4.  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.

February 14, 2022

And, this morning the wheels go up and the airship of state takes off, as the legislature convenes.

Okay, bad metaphor, but nonetheless.

February 15, 2022

Governor Gordon's State of the State Address and Justice Fox's the State of the Judiciary:

February 15, 2022, cont.

A bill has been introduced to "decriminalize" possession of marijuana.  It actually doesn't, but makes the penalties minor up to certain amounts.  The bill has a substantial number of sponsors, so it has a chance of actually passing during the budget session.

The bill seeking to incentivize film productions in Wyoming failed.

The House refused to convene a committee to look into Rep. Zwonitzer's residency, deeming his residency to comply with the rules of the legislature.

February 18, 2022

A bill that would freeze party affiliations prior to primaries at three months' prior has secured introduction.

This bill failed in a prior legislature.  It's strongly favored by the populist wing of the party.  It oddly received an endorsement from former President Trump yesterday, which if nothing else either shows how closely his camp is following state legislatures or how closely some in the Wyoming GOP are in contact with it.  The sponsor, however, stated he was unaware of the endorsement.

Candidate Harriet Hageman also endorsed the bill, calling the practice of late party switching "unethical".  Whether its ethical or not, I suspect that if the bill passes it will end up in litigation as to its constitutionality.

The Senate introduced a bill that would ban the teaching of critical race theory in Wyoming's schools, while the House declined to introduce one which was more specific on the topic.

A bill altering the mining bonding requirements to allow putting funds on deposit with the State Treasurer in a dedicated trust account, secured introduction.

A bill that would have required employers to accommodate unvaccinated employees failed to secure introduction.

February 19, 2022

The redistricting bill moved forward.

A bill extending money for the yet unsuccessful effort of sagebrush farming was introduced.  Hopes are that the entity attempting it is close to success.

The bill requiring school age athletes competing in school sports to compete in the category consistent with their genetic gender survived its initial vote.

February 20, 2022

Three bills that address abortion have advanced and therefore will receive committee hearings.

A second critical race theory bill (there were three) has also survived and will receive committee hearings.

February 21, 2022

The bill to rename Wyoming Blvd died.

February 24, 2022

The bill to ban "cross over" voting advanced after being reassigned to the agriculture committee.

A bill banning the teaching of "critical race theory" passed the Senate and has gone on to the House.

Bills restricting abortion have passed committee.

February 26, 2022

Senate File 102 has passed the Senate.  It provides:

SENATE FILE NO. SF0102

 

 

Second Amendment Protection Act.

 

Sponsored by: Senator(s) Hicks, Cooper, Dockstader, Driskill, Kinskey, Kolb, Kost, Nethercott and Steinmetz and Representative(s) Burkhart, Greear, Haroldson, Jennings, Neiman, Olsen, Styvar and Washut

 

 

A BILL

 

for

 

AN ACT relating to the regulation of firearms and the protection of constitutional rights; providing a declaration of authority; prohibiting the enforcement of federal regulation of firearms by state officials; providing penalties; and providing for an effective date.

 

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

 

Section 1.  W.S. 9‑14‑201 through 9‑14‑203 are created to read:

 

ARTICLE 2

SECOND AMENDMENT PROTECTION ACT

 

9‑14‑201.  Short title.

 

This article shall be known and may be cited as the "Second Amendment Protection Act."

 

9‑14‑202.  Declaration of authority.

 

(a)  The Second Amendment Protection Act is enacted under the authority of the second and tenth amendments to the United States Constitution, article 1, section 24 of the Wyoming Constitution, Wyoming's agreement with the United States that the state adopted when it joined the Union under the United States Constitution's system of dual sovereignty, and Printz v. United States, 521 U.S. 898 (1997).

 

(b)  The legislature further declares that the authority for W.S. 9‑14‑201 through 9‑14‑203 is provided by the findings in W.S. 6‑8‑406.

 

9‑14‑203.  Prohibiting the enforcement of federal regulation of firearms; penalties; defense of Wyoming citizens.

 

(a)  This state and all political subdivisions of this state are prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming or any other source of funds that originated within the state of Wyoming to enforce, administer or cooperate with any unconstitutional act, law, treaty, executive order, rule or regulation of the United States government that infringes on or impedes the free exercise of individual rights guaranteed under the Second Amendment to the Constitution of the United States.

 

(b)  Nothing in this act shall limit or restrict a public servant, as defined in W.S. 6‑5‑101(a)(vi), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit Wyoming governmental entities from accepting federal funds for law enforcement purposes.

 

(c)  Any public servant, as defined in W.S. 6‑5‑101(a)(vi), who knowingly violates subsection (a) of this section shall be subject to the misdemeanor penalties in W.S. 6‑8‑405(b).  As used in this subsection, the penalties in W.S. 6‑8‑405(b) shall be applied to public servants.

 

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

 

(END)

1

SF0102

 

The bill, as it prohibits poilice officers from enforcing an unconstitional law by definition, literally does nothing whatsoever.  All statutes are presumed constitutional until a court rules otherwise, and no statute ruled unconstitional can be enforced.

March 1, 2022

A Sentate amendment to the budget cut the funding for UW's gender studies program.

March 4, 2022

The Senate amended the redistricting map so that now the House and Senate versions do not match.  The Senate version might, according to some, result in court challenges as well.  If I understand it correctly, which I might not, it reduces some split districts and prevents an expansion in the number of legislators.

March 5, 2022

Funding for the women's and gender studies department was restored in a compromise that requires the department to report on its general requirements to the legislature.

The oil & gas rebate bill died.

Of some potential interest, Utah's legislature passed a bill on transgender atheletes but the Governor indicated that he will veto it. A smiliar bill is pending in the Wyoming legislature and one passed the South Dakota legislature and was signed into law this year.

March 8, 2022

The Governor signed the first bills from the session to reach his desk into law.

Governor Gordon Takes Action on Eight Bills on Monday, March 7

 

CHEYENNE, Wyo. –  Governor Mark Gordon took action on eight bills on Monday, March 7. The Governor signed the following bills into law today:

 

Bill No.

Enrolled Act #

Bill Title

 

SF0023	SEA0001	Nursing home administrators.
SF0031	SEA0002	Absenteeism and truancy.
SF0002	SEA0003	Legislative budget.
SF0029	SEA0004	Liability for governmental healthcare providers-amendment.
SF0024	SEA0005	Pharmacist and pharmacy technician practice.
SF0039	SEA0006	Firemen's pension plan benefits.
HB0009	HEA0001	Economic development programs-tribal inclusion.
HB0046	HEA0005	Partnership challenge loan program-amendments.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

It's interesting to note that bills that are passed are frequently ones that have received little attention, which makes sense as they aren't the controversial ones.

In controversial ones, the transgender atheltics bill failed due to time constraints on bills.

Karlee Provenza, D-Laramie, confronted Susan Gore after a Minerals hearing about the New York Times report that Gore funded spying on various membes of the legislature, including Provenza.  Gore has denied the allegations.

Gore has been a major influence on Wyoming politics due to her finances. Whe's not from Wyoming but has moved in, and is a major backer of the Wyoming Liberty Group.

The Senate defeated a bill that would have created criminal penalties for pregnant women who used certain illegal drugs.  Surprisingly, Anthong Bouchard, who is highly conservative, spoke against the bill, indicating that it'd compound the tragedy the topic entails and the focus should be on treatment, a quite liberal position.

March 8, cont.

Bill No.	Enrolled Act #	Bill Title
HB0021	HEA0002	Repealing exemption for one-way pagers.
HB0030	HEA0003	School finance-increasing cash reserves.
HB0037	HEA0004	Juvenile justice data reporting.
HB0059	HEA0006	Worker's compensation-COVID-19.
HB0070	HEA0007	Digital identity protection.
HB0086	HEA0008	Genetic data privacy-amendments.
HJ0001	HEJR0001	Supreme court justices and district judges-retirement.
SF0059	SEA0007	Game and fish fund-investments.
SF0058	SEA0008	Wyoming council for women's issues-workforce services.
SF0057	SEA0009	Chancery court vacancy amendments.
SF0046	SEA0010	Solid waste cease and transfer program funding.
SF0045	SEA0011	Military department-annual report.

 

The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website. 

-END-

HJ0001 is a proposal to raise the judicial retirement age to 75.  It reads as follows:

ORIGINAL HOUSE 

JOINT RESOLUTION. HJ0001

 

ENROLLED JOINT RESOLUTION NO. 1, HOUSE OF REPRESENTATIVES

 

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2022 BUDGET SESSION

 

 

 

 

A JOINT RESOLUTION proposing to amend the Wyoming Constitution by amending the retirement age requirements for Wyoming supreme court justices and district court judges.

 

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING, two-thirds of all the members of the two houses, voting separately, concurring therein:

 

Section 1.  The following proposal to amend the Wyoming Constitution, Article 5, Section 5 is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

 

Article 5, Section 5.  Voluntary retirement and compensation of justices and judges.

 

Subject to the further provisions of this section, the legislature shall provide for the voluntary retirement and compensation of justices and judges of the supreme court and district courts, and may do so for any other courts, on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such justice and judge shall become vacant when the incumbent reaches the age of seventy (70) seventy-five (75) years, as the legislature may prescribe.; but, in the case of an incumbent whose term of office includes the effective date of this amendment, this provision shall not prevent him from serving the remainder of said term nor be applicable to him before his period or periods of judicial service shall have reached a total of six (6) years. The legislature may also provide for benefits for dependents of justices and judges.

 

Section 2.  That the Secretary of State shall endorse the following statement on the proposed amendment:

 

Currently, the Wyoming Constitution requires Wyoming Supreme Court justices and district court judges to retire upon reaching the age of seventy (70). This amendment increases the mandatory retirement age of Supreme Court justices and district court judges from age seventy (70) to age seventy-five (75).

 

The Constitution also currently provides an exception to the mandatory requirement to retire upon reaching age seventy (70) for justices and judges who had not yet completed six (6) years of judicial service as of December 12, 1972. The proposed amendment would remove the now-obsolete six (6) year service guarantee.

 

(END)

 

 

Speaker of the House			President of the Senate

 

	Governor
	TIME APPROVED: _________
	DATE APPROVED: _________

 

I hereby certify that this act originated in the House.

 

 

 

Chief Clerk

I can think of no good reason to do this.  It's yet another aspect of the curious nature of the modern Untied States in which power is seemingly vested endlessly in the elderly, or more specifically, in the Baby Boom Generation.

This is not to suggest that any current judge approaching the current retirement age of 70 is unsuited for the position. We've been lucky, so that's not true. But our luck will run out at some point. Age exacts a toll.

Prior Editions:

2022 Wyoming Legislative Session. Part III. Okay, Boomer.

2022 Wyoming Legislative Session. Part II. Red Meat for the Wolves or Being Proactive, and other matters.

2022 Wyoming Legislative Session. Part I.