Showing posts with label 2023 Wyoming Legislative Session. Show all posts
Showing posts with label 2023 Wyoming Legislative Session. Show all posts

Friday, June 2, 2023

The 2023 Wyoming Legislative Session. Strays. (Vol 8).

 


May 23, 2023

Chuck Gray and two legislators are again attempting to intervene in the abortion suit pending in the 9th Judicial District.  Gray's earlier effort was opposed by the State of Wyoming, and rejected by the judge assigned the case.   Gray is again trying to intervene in his official capacity.

June 2, 2023

And the Court said no, again.

Last prior edition:

The 2023 Wyoming Legislative Session. The Last Roundup. (Vol 7).

Thursday, March 23, 2023

The 2023 Wyoming Legislative Session. The Last Roundup. (Vol 7).


March 4, 2023

Well, the session is over, but the bills will still be heading towards Governor Gordon's desk for a few days, at least if the normal procedure holds.

We'll cover those as they are acted upon, and give our postmortem in this post as well.  Indeed late yesterday, he issued his announcement about a couple of such bills.
Governor Gordon Signs Signature Piece of Legislation Supporting Mothers and Children and Another to Advance Property Tax Reform to Close Session
 
CHEYENNE, Wyo. –  Fulfilling a priority outlined in his State of the State address, Governor Mark Gordon signed a bill to extend medical assistance to low-income mothers and children for 12 months after birth, and a joint resolution that allows Wyomingites to vote on a Constitutional amendment that is a first step in delivering residential property tax reform for Wyoming residents. This came on the final day of the Legislature’s 2023 General Session.  
In an emotional public signing ceremony attended by legislators from both chambers and advocates for the bill, Governor Gordon described House Bill 4 - Medicaid twelve-month postpartum coverage as a “signature piece of pro-life legislation”. The bill extends postpartum Medicaid coverage from 90 days to 12 months and is expected to help between 1,000 and 2,000 low-income Wyoming mothers. 
“We heard in the mental health summit we hosted last fall about the importance of getting mothers and children off to a good start. Taking care of both in that critical first year of development pays dividends down the road,” Governor Gordon said. “I couldn’t be more pleased sign a bill that does just that at the close of the session.” 
Governor Gordon also signed Senate Joint Resolution 3 - Property tax residential property class. The joint resolution will place an amendment before Wyoming voters that would create a separate class for residential real property, allowing for the Legislature to reduce residential property tax assessments. The Governor described it as an opportunity to put the state on a path for long-term property tax relief for families.  
In his closing remarks to both the Senate and House chambers, the Governor thanked the members for their service and for their work on a budget that puts more than $1 billion into savings. He also urged the members of the Legislature to continue seeking “Wyoming solutions to Wyoming problems,” in the interim instead of bringing forward legislation developed in Washington, DC by think tanks and lobbyists.  
The Governor signed the following bills into law today:
Enrolled Act #  Bill# Bill Title
HEA0084 HB0004 Medicaid twelve-month postpartum coverage.
SJ0003 SJ0003 Property tax residential property class.
You'll note those final remarks.  Pretty telling.  That was a shot at the "Freedom Caucus", which came into the past two legislative sessions to address, in many instances, made up or even mythical problems, full of conviction, and often stuffed with belief in lies.  They saw success in the 2022 General Election, with one of their acolytes, Chuck Gray, making it all the way to the Secretary of State's Office.

And then they fell flat in this legislature.

Gordon's remarks promoted a reaction from the leadership of the Freedom Caucus, Gillette's John Bear.  Bear replied to the Cowboy State Daily:
It’s pretty arrogant to think that all bills made out of a state would be a bad fit for Wyoming 
and  
It’s his way of excusing more conservative bills not passing.

Excusing?

Well, Gordon probably didn't support them, so he doesn't need to excuse them.  The one piece of notable legislation that came out of that quarter so far he let pass into law without his signature. That bill, banning "cross over" voting, will ironically lock recently crossed over Democrats into the GOP into the GOP, as most won't get around to switching back until the next primary season.  Gray may be remembered as the man who created a left wing in the GOP.

Oops.

Otherwise, almost all of the real radical populist bills simply bit the dust at some point in the legislature.  Interestingly, some of them bit the dust in the opposite house in both cases, with some populist bills dying in the Senate after passing the House, and vice versa.  That might reflect committee assignments.  Indeed, parliamentary moves clearly doomed some of them.

That became a late legislature flap when the Speaker of the House but a collection of them in his bottom drawer, only bringing them back out late in the session. This provoked a comment from Harriet Hageman, who in turn was told to shut and mind her own work by some notable state Republicans.  By and large, the Speaker gained popularity for his moves and being open about them.

Already there are comments that the bloom has finally gone off of the "red" rose of the FC.

Lots of people are hoping so.

It may be too early for that, but it does seem something is up.  The newly elected populists saw their legislative agenda simply fall flat.  The legislature didn't pass education bills they sponsored.  It didn't even pass the prohibitions on juvenile transgender mutilation, which would seem to have had widespread support.  It didn't pass the gun 'em down trespass law.  It didn't vote to castrate the National Guard.

Moreover, it did pass bills that the far right populist opposed.  Jeanette Ward may have proclaimed that her Christian beliefs provided that we were not our brother's keepers, but the legislature felt that we were, being more in tune with the actual Christian Gospel.  The GOP Central Committee came out in favor of allowing child marriages to remain a feature of Wyoming's law, but the legislature banned them anyway.

Other than the bill banning cross over voting, the bills that the far right supported that crossed the bar are those addressing abortion.  But they had very broad conservative support, and at least in one case, were substantially amended.  The far right can't really take credit for their passing, although they might be able to for getting them rolling.  Be that as it may, there is now a long history in the legislature of action in this quarter.

In the meantime, nationally, hard right populist took hits.  Fox News' commentators turned out to never believe the election lie but chose to keep telling it anyhow.  Tucker Carlson keeps screaming about our support of Ukraine, with more and more people wondering why.  Marjorie Taylor Green called for dissolving the union, with most people wondering what on earth is up with her.

Radical movements tend to peak and fade.  Something seems to be going on, although its a safe bet that we haven't heard the last of the populist far right in the state.  Indeed, it might turn out to be the case that they're most heard outside the legislature, rather than in it, even thought that doesn't seem to make them effective within it.

March 7, 2023

Oklahomans go to the polls today on a single ballot initiative, that being whether to make Americans even more dull witted than they already are, or in other words, whether to allow them to depress their intellects further by legalizing marijuana.

March 8, 2023

Governor Gordon to Hold Public Bill Signing Today, Thursday March 9
 
CHEYENNE, Wyo. – Governor Mark Gordon will hold a formal bill signing ceremony Thursday, March 9 beginning at 10 am in the Governor's Ceremonial Conference Room in the State Capitol Building. The ceremony is open to the public. 
The Governor will sign the following bills: 
Enrolled Act #  Bill# Bill Title
HEA0081HB0074 Wyoming outdoor recreation and tourism trust fund.
SEA0089 SF0094  Federal Indian Child Welfare Act codification.
March 9, 2023

Voters in Oklahoma rejected a chance to make residents of their state stupider through doping them up through legalized marijuana.

March 9, cont.

Game and Fish begins implementation of 2023 legislative changes

 

3/9/2023 9:38:46 PM

CHEYENNE - The 2023 Wyoming Legislature passed several bills that will make changes to Wyoming Game and Fish Department laws and regulations. The following is a summary of the notable Game and Fish-related bills that passed, how they will impact the public and the next steps for implementation. Game and Fish will continue to provide updates as these changes move through the regulation process. 

Hunting of predatory animals–amendments (HB0104)

Hunters will be allowed to hunt predatory animals on public or state land at night with the use of artificial light, including thermal and infrared imaging. The Wyoming Game and Fish Commission has been granted the authority to establish rules and regulations regarding the creation of zones, areas, seasons and methods for the taking of predatory animals with the use of artificial light on public or state land. Game and Fish will provide updates as these changes move through the regulation process. 

Mountain lion pursuit seasons (SF0178) 

Wyoming residents may be allowed to participate in a pursuit-only season for mountain lions with dogs in areas where mountain lion hunting is permitted. The take of mountain lions during a pursuit season is illegal and subject to misdemeanor charges and fines. Game and Fish will provide updates as these changes move through the regulation process. 

Nonresident hunting license-application fees (HB0200)

Forty percent of nonresident deer, elk and antelope licenses are placed in the pool for the special draw. This bill increases the fees for those who apply for the special draw.  

The special draw fee for elk, deer and antelope will increase to the following: 

  • Nonresident elk special fee: $1,258 
  • Nonresident deer special fee: $826
  • Nonresident antelope special fee: $874
This bill also will increase the nonresident fees for some of Wyoming’s most coveted licenses to the following: 
  • Nonresident bighorn sheep license: $3,000
  • Nonresident mountain goat license: $2,750
  • Nonresident moose license: $2,750
  • Nonresident grizzly bear license: $7,500
  • Nonresident wild bison license: $6,000

Nonresidents who wish to enter the special draw for antelope, deer and elk are responsible for paying the special draw fee in addition to the license and application fee. This bill has no effect on the allocation or number of resident licenses. This bill goes into effect on Jan. 1, 2024.

Shed antlers and horns conservation stamp requirement for nonresidents (HB0276)

This bill establishes shed antlers and horns on public land as property of the state and requires nonresidents to obtain a conservation stamp prior to the collection of shed antlers and horns on designated lands. A conservation stamp will not be required for residents of Wyoming or any person under 15 years of age. Nonresidents will not be required to obtain a conservation stamp this year. Game and Fish will provide updates as these changes move through the regulation process.

Collection of antlers or horns by residents and nonresidents (HB0123)

Wyoming residents will have the opportunity to collect shed antlers on designated lands seven days before the start of the nonresident season. Currently, the Wyoming Game and Fish Commission regulation prohibits anyone from collecting shed antlers or horns from public lands west of the Continental Divide, excluding the Great Divide Basin and some land west of Laramie, from Jan. 1 through 6 a.m on May 1. This bill goes into effect on July 1, 2023.

State shooting complex task force (SF0169)

This bill creates a 12-member task force that will oversee the creation of a state shooting, archery and education complex. Directors from the Wyoming Game and Fish Department, State Parks and Cultural Resources and the Department of Tourism or their designee will be members along with other representatives of the Wyoming Legislature, a conservation group, a shooting sports group and the firearms manufacturing industry. 

Defining aircraft for the purposes of hunting prohibitions (SF0033)

This bill provides a clear definition of aircraft in W.S. 23-3-306 which states the use of aircraft, automobiles, motorized and snow vehicles and artificial light for hunting or fishing purposes are  not allowed. The definition of aircraft has been updated to include any machine or device capable of atmospheric flight including but not limited to an airplane, helicopter, glider, dirigible or unmanned aerial vehicle. This bill goes into effect July 1.

Unlawful trespass signage-taking of wildlife (HB0147)

Prohibits anyone from knowingly and without authorization to place signs that restrict access to public land. This bill goes into effect July 1. 

Prohibit travel across private land for hunting purposes (SF056)

This bill prohibits anyone from entering, traveling through or returning across private property to take wildlife, hunt, fish or collect antlers or horns without the permission of the owner or the person in charge of the property. This bill goes into effect July 1.


 — WGFD  — 

Governor Gordon Signs Bills Strengthening Outdoor Tourism Economy, Supporting Native American Culture

CHEYENNE, Wyo. –  Governor Mark Gordon signed a bill today creating the Wyoming Outdoor Recreation and Tourism Trust Fund, which will strengthen Wyoming’s outdoor recreation economy and help fund recreation infrastructure projects. The Governor also signed a bill codifying the federal Indian Child Welfare Act as state law, an important step in supporting tribal culture. 

The Outdoor Recreation and Tourism Trust Fund was funded with $6 million. Additional work will take place in the interim to develop the structure for the fund and how funding will be awarded for potential projects. The Wyoming Office of Outdoor Recreation currently facilitates seven outdoor recreation collaboratives around the state, each focused on defining grassroots opportunities for the growth and enhancement of outdoor recreation in their region. The collaboratives include community members, recreation stakeholders, businesses, conservation groups, federal and state agencies, and elected officials.

“We have seen a hunger for visitors to experience Wyoming’s mountains, rivers and trails. This trust fund has the potential to create new opportunities for small businesses, focus visitation towards appropriate locations and enhance the quality of life for all Wyoming residents,” Governor Gordon said. “I’d like to thank the Joint Travel, Recreation, Wildlife & Cultural Resources Committee for their work on this bill, and the Legislature for their support of this fund.”

The Governor also signed Senate File 94 - Federal Indian Child Welfare Act codification. The bill codifies the federal Indian Child Welfare Act (ICWA) as state law and specifies requirements and procedures for placing Native American children in shelter care or for adoption. Governor Gordon noted that both Wyoming Tribes have emphasized the importance of ICWA to tribal children and tribal culture. He is encouraged that Wyoming Tribes will have a seat at the table as the State continues to hone its ICWA law through the work of the newly created Indian Child Welfare Act Task Force. As ICWA has such a significant impact on tribal communities, the opportunity for participation by Wyoming Tribes in this process is essential to the success of this law moving forward. 

“This bill celebrates the partnership between the tribes and the State of Wyoming, and our willingness to work together on these important issues that affect all of us,” Governor Gordon said. 

The Governor signed the following bills today:

Enrolled Act   Bill# Bill Title 

HEA0078 HB0185 Local government distributions-revisions.

HEA0079 HB0209 Hathaway scholarship accounts-transfer timing.

HEA0080 HB0089 State investment returns-adequate reserve funding.

HEA0081 HB0074 Wyoming outdoor recreation and tourism trust fund.

HEA0082 HB0017 State lands-grazing of non-owned livestock.

HEA0083 HB0022 State land lease deficiencies-cure process.

HEA0087 HB0052 Revisor's bill.

HEA0089 HB0014 Civil case filing fees-amendments.

HEA0090 HB0144 Senior citizen district programs and services.

HEA0093 HB0076 Licensing boards amendments.

HEA0094 HB0033 School finance-career technical education grants.

HEA0095 HB0064 Legislative stabilization reserve account-obligations.

SEA0077 SF0083 K-12 school facility leasing.

SEA0079 SF0061 Legislator per diem.

SEA0081 SF0167 Domestic violence protection hearings-remote appearance.

SEA0082 SF0152 Occupational therapist criminal history.

SEA0083 SF0099 Witnessing of wills-remote methods.

SEA0086 SF0153 Election security.

SEA0087 SF0164 Public improvement contract requirements-amendments.

SEA0088 SF0147 Government contracts-labor organization.

SEA0089 SF0094 Federal Indian Child Welfare Act codification.

SEA0091 SF0137 Subdivisions-fencing requirements.

SEA0095 SF0076 Wyoming digital asset registration act.

SEA0096 SF0066 School capital construction funding.

SEA0098 SF0042 Taxation of cigars.

A list of bills the Governor has previously taken action on during the 2023 Legislative Session can be found on the Governor’s website.

March 13, 2023

In a really odd example of the depiction of a counter, imaginary, reality, Secretary of State Gray published an op ed in the Tribune praising the passage of the prohibition on changing registration three months prior to a primary as a major victory.

Indeed, in an example of the pre narrative driving the post history, there have been a lot of accounts in papers about how this session was a huge success for the far right in the legislature, when in fact the case is the polar opposite.  In this same issue that was noted by legislator Khale Lenhart who praised the legislature for coming to the middle.  In reality, almost none of the really far right legislation, save for two bills outside of this one, one heavily amended, passed.  Those were on the topic of abortion, which already had wide conservative support.

Indeed, missed here is that the "cross over" voting bill had support from a sort of street level horse sense point of view, even if the premise for it is flawed.  It likely passed as most people feel that the state funded and state supported party elections passed off as "primaries" ought to be limited to the parties.  In reality, if they were true primaries, they'd be party blind, and probably state supported elections should be that way, but people all over the country are acclimated to this system.

To read Mr. Gray, Wyoming's primaries were threatened by vast hordes of liberal Democrats who switched over to Republicans to wreck GOP primaries and vote into office faux Republicans, all while protected by the "liberal media".  If that were true, of course, Mr. Gray would have packed his bags in November and returned to his native California, having lost an election based on the fable that the 2020 election was stolen, Harriet Hageman would be just another practicing lawyer in Cheyenne, having lost in her bid to unseat Liz Cheney for questioning anything about Donald Trump, and Gray's op ed would have been published in. .. . well not published.

For some time I've questioned whether Gray believes the stuff he's been saying, and was willing to perhaps find that he had self deluded himself to that point. But this "op ed" reads like something written to the already fully convinced.  There are lots of Wyoming Democrats swinging elections. The media was part of a cover up of that.

Not so much.

FWIW, the new cross over law is probably unconstitutional, and my prediction is it will be struck down prior to the next primary season.  It interferes with political rights of the electorate in a state funded election.  There is really nothing that precludes a person from being a hardcorse MAGA Trump supporting voter on one day, and waking up the next and deciding he's a Communist, or vice vera.  If parties really want to dicate who runs for them, they should demand this process be removed from the primaries so they can decide it in conventions.  As long as they want the state to host an election for them, it has to be open to all.

Indeed, quite truthfully, party elections on the state's dime raise some questions.  They're just not ones anyone has bothered to ask.

March 16, 2023

Utah's Governor signed into law a bill requiring all abortions to be performed in hospitals, outlawing clinics.

March 17, 2023

After Signing Several Bills to Strengthen Elections, Governor Vetoes Bill that Would Have Confused Voters

 

CHEYENNE, Wyo. – Governor Mark Gordon exercised his veto authority on Senate File 131- Prohibition on delivery of unsolicited ballot forms today. The Governor signed several bills this session to strengthen election integrity and security, but says that changes made to this bill during the legislative process muddled the bill’s language and intent. The Governor expressed concern that SF 131 as currently written would have resulted in unintended consequences that would compromise election confidence and integrity, and might provide a means to inappropriately suppress proper absentee voting. 

SF0131 was brought forward to address the distribution of certain campaign materials and forms to apply for absentee ballots. But, the Governor wrote, clarifying language was removed from the final bill.

“I want to be clear, at no time have I been presented with facts of fraud, mismanagement, or malfeasance in Wyoming’s election process. Even so, over the past month, I have signed those bills which strengthen election integrity and security, such as codifying existing election rules. SF0131, as delivered to my desk, is superfluous and potentially confusing. Consequently, I must veto SF0131,” Governor Gordon wrote. 

The Governor’s veto letter is attached and may be found here

Governor Gordon also allowed SF0127 - Wyoming Stable Token Act to go into law without his signature. The Governor’s letter addressing SF 0127 is also attached and may be found here

A list of bills the Governor has taken action on during the 2023 Legislative Session can be found on the Governor’s website.

-END-

March 17, cont:

Governor Issues Directive to Provide Financial Relief to Independent Pharmacists While Signing Prescription Drug Transparency Act with Line-Item Vetoes

Governor Allows Trans Athlete Legislation to Pass Into Law, Expresses Concerns Over Impacts, Potential Litigation.

CHEYENNE, Wyo. – Governor Mark Gordon exercised his line item veto authority on select portions of  Senate File 151/SEA No. 90 - Wyoming prescription drug transparency act before signing it today. He noted it has important policy changes related to rural, independent pharmacists, a critical component of healthcare in Wyoming. He vetoed portions of the bill that could have significant impacts on prescription costs for Wyoming consumers. The Governor acknowledged the importance of rural independent pharmacies and the burdens placed on those small businesses, which are often left to manage operations with insufficient reimbursements and increasing compliance costs for accountability. 

To demonstrate his desire to provide financial relief to rural, independent pharmacies, Governor Gordon has signed a Governor’s Directive for the Wyoming Department of Administration and Information (“A&I”) to negotiate payment of an increased amount of dispensing fee claims of up to $10 per brand label claim and $12 per generic brand claim to independent pharmacists participating in the Wyoming State Employees’ and Officials’ Group Insurance program. 

“This issue is so important to Wyoming, our communities, and our future that I implore health insurance providers to follow in our footsteps,” Governor Gordon said. “Together, working in unison, we can make a difference in our communities and keep local businesses operational while ensuring quality access to vital healthcare services.”   

The Governor did line-item several provisions in the bill and wrote to legislators that the act as drafted “may do more harm than good, inadvertently shifting increased and burdensome pharmaceutical costs to consumers despite the good work done by all involved to provide local relief.”

The Governor allowed Senate File 133/SEA No. 92 - Student eligibility in interscholastic sports to pass into law without his signature. The Governor said that while he supports and agrees with the overall goal of fairness in competitive female sports, the ban included in the legislation “is overly draconian, is discriminatory without attention to individual circumstances or mitigating factors, and pays little attention to fundamental principles of equality.” The Governor does agree with the provision of the bill that moves decision-making to the state level to ensure consistency and fairness across school districts. 

“While I freely acknowledge the intent of this legislation is well-meaning as a way to protect the integrity and fairness of women’s sports in our state, by enacting an outright ban on transgender individuals participating in sports teams, I believe Wyoming sends a harmful message that these individuals and their families do not deserve the same opportunities as others,” the Governor wrote.

“Moreover the ban leaves little or no flexibility for families to support their children. As a parent, that saddens me,” the Governor added.

The Legislature set the effective date for the bill as July 1. That means no current student athletes are impacted during this season. The Governor committed to work with the State Superintendent of Public Instruction prior to the start of the next school year to ensure that there is clear guidance from the Wyoming High School Activities Association regarding the opportunities that will exist moving forward for transgender students to have some means to participate safely in interscholastic activities after this law goes into effect, recognizing sadly that may mean these young people may not be able to compete in athletics. 

A copy of the Governor’s letters and his line-items are attached and can be found on the Bills page of the Governor’s website

-END-

Governor Gordon Emphasizes Pro-Life Position with New Laws

CHEYENNE, Wyo. – Governor Mark Gordon took further steps to implement a pro-life policy agenda when he signed a prohibition on chemical abortions today. At the same time, he allowed House Bill 152 - Life is a Human Right Act to go into law. But he expressed concern that this new law will only result in a new lawsuit, which will delay any resolution to the constitutionality of the abortion ban in Wyoming. Earlier today, the plaintiffs in the current lawsuit filed a legal challenge of this new law in the event the Act was not vetoed.

The Governor says that since the Legislature continues to make minor tweaks in the abortion law each year, it only leads to additional delays in obtaining  a final decision from the courts about Wyoming’s Constitution. Governor Gordon stressed that if the Legislature wants finality it should put a constitutional amendment before the people and let them decide if they want to add an abortion ban to the state's constitution. 

The Governor has a strong pro-life record, including signing Senate File 109 - Prohibiting Chemical Abortion, Senate File 79–Plan of safe care-newborns, and last year’s House Enrolled Act No. 57 Abortion prohibition-supreme court decision, as well as House Bill 4 - Medicaid twelve-month postpartum coverage, which extends postpartum Medicaid coverage from 90 days to 12 months and is expected to help between 1,000 and 2,000 low-income Wyoming mothers.

“I understand the Legislature’s effort to improve Wyoming’s pro-life legal framework and preemptively clarify some of these legal questions with HEA 0088’s various legislative findings,” the Governor wrote. “However, I believe this question needs to be decided as soon as possible so that the issue of abortion in Wyoming can be finally resolved, and that is best done with a vote of the people.”

While he understands the intent of the legislative findings included in Life is a Human Right Act, the Governor said he does not feel these are a, “substitute for an expression of the people when it comes to constitutional matters.”

“If the Legislature wants to expressly address how the Wyoming Constitution treats abortion and defines healthcare, then those issues should be vetted through the amendment process laid out in Article 20 of the Wyoming Constitution and voted on directly by the people,” the Governor wrote. 

The Governor’s letter is attached and may be viewed here

In his final actions on bills passed during the 2023 General Legislative session, Governor Gordon exercised his line-item veto authority on the following bills. The letters with line items, along with a list of all bills the Governor has taken action on during the 2023 Legislative Session, can be found on the Governor’s website.

HEA0091 HB0195 American rescue plan act appropriations-amendments.

SEA0084 SF0146 State funded capital construction.

SEA0097 SF0096 Omnibus water bill-planning and administration.

-END-

 Assuming the last line is correct, this is the end of legislative action for this session.

March 18, 2023

The predictable fallout and grousing has commenced over the last few items noted above.

Gov. Gordon felt that the the House's removal of an amendment of the unsolicited ballot mailings bill made it confusing, and potentially illegal.   Chuck Gray has complained about it.

March 21, 2023

Both the new abortion provisons and the trans athelete ban are clearly headed to court at this point.

Governor Gordon signed a pharmacy bill, but Gordon used his line item veto to heavily recraft the bill to the displeasure of many who supported it.

March 23, 2023

As was widely anticipated, the same 9th Judicial District judge that enjoined enforcement of the trigger law also enjoined enforcemetn of the state's new abortion ban.

The question may be why is it taking this matter so long to work through the 9th.  An earlier effort to send it straigth to the Wyoming Supreme Court, which is where it is headed anyway, failed and it remains at the trial court level.

The new bill had attempted to work around the poorly thought out amendment to the Wyoming Constitution that provided that the state couldn't interfere with an individual's health care decisions. The extremely conservator former legislature who crafted that amendment later stated he'd be horrified if he was to blame for the preservation of abortion and right now, he should be horrified. This was 100% predictable.

Nonetheless during the last legislative session backers of this bill claimed those who said it would be challenged in court were "fear mongering".  Those individuals turned out to be naive.  A couple of legislators, an anti abortion physicians group, and Secretary of State Chuch Gray, who apparently has a some amount of free time in his new job to do things other than the actual work of that position, attempted to intervene with amicus briefs but were deined.  While I don't know, the fact that the Secretary of State, who has no connection with this issue, would seem more likely to defeat such an attempt than to guarantee its success.

Last Prior Edition.


Friday, March 3, 2023

The 2023 Wyoming Legislative Session. Landing. (Vol 6).


February 27, 2023

Bills that have passed out of one house, but haven't made it out of committee in the other, expire today.

February 28, 2023

SF 144 Chloe's Law died due to the end of debate on Monday.  Apparently, Sen. Scott's similar bill also died.

This is almost shocking, given the supposed tone of the legislature this year.  Moreover, in my view, both bills were meritorious and one should have passed.  Mutilation in the name of an unproven thesis in Wyoming, in contrast to Europe where it hit first and has been largely banned when afflicted on minors, will remain legal.

This bill was sponsored by Anthony Bouchard, whom I usually am reluctant to agree with, with the other bill sponsored by Natrona County's Scott.  Bouchard ended up drawing an ethics complaint from a Green River resident who emailed him on this bill.  Bouchard replied and called the correspondent a "fucking idiot" in the reply text.

Of note, Congressman Hageman attempted a last minute intervention by Twitter on a couple of the bills, including this one, which were bottom shelved.  Pressure on Sommers had already caused him to agree to release this one, but on a couple of others which were from the populist far right, he did not yield.

Hageman's tweet drew a rebuke by traditional Republican Landon Brown, and in turn Hageman, who apparently isn't too busy in Congress to get involved in such spats, slapped back.

Senate File 136 by populist Biteman and which would have cut property taxes temporarily died in the same procedural manner.

The bill to honor Lester Hunt likewise died.

Governor Gordon Takes Action on 30 Bills on Monday, February 27 
CHEYENNE, Wyo. – Governor Mark Gordon took action on 30 bills on Monday, February 27. The Governor signed the following bills into law:  
Enrolled Act Bill # Bill Title 
HEA0053 HB0101 Uniform trust code-amendments.
HEA0054 HB0180 Brucellosis testing-notification requirements.
HEA0056 HB0047 Election equipment-federal certification.
HEA0057 HB0229 Electronic payment of sales and use taxes.
HEA0058 HB0284 Collection agency regulation-debt buyers.
HEA0059 HB0016 State land leasing-improvements.
HEA0065 HB0188 Wolf depredation compensation
HEA0066 HB0108 Sale of THC vaping devices and edibles to minors-prohibited
HEA0067 HB0199 License plate decal-breast cancer awareness.
HEA0069 HB0128 Voyeurism within enclosed spaces
SEA0045 SF0021 High occupancy vehicle lanes.
SEA0046 SF0178 Mountain lion pursuit seasons.
SEA0047 SF0038 Special license plates-organ donations.
SEA0048 SF0016 State employee-moving expenses.
SEA0049 SF0087 Natural resource funding-large project threshold increase.
SEA0050 SF0106 2023 large project funding.
SEA0051 SF0102 Food Freedom Act-amendments.
SEA0052 SF0091 Creation of tenancy by the entirety.
SEA0053 SF0009 Medicaid coverage-licensed pharmacists.
SEA0054 SF0075 Decentralized autonomous organizations-amendments.
SEA0055 SF0129 Background checks-governor's office.
SEA0056 SF0148 Preemption of local firearms regulation.
SEA0058 SF0052 School finance-special education funding.
SEA0060 SF0056 Prohibiting travel across private land for hunting purposes.
SEA0061 SF0067 Multipurpose vehicles-disabled license plates.
SEA0062 SF0098 Education-certificate of completion.
SEA0063 SF0113 Architects practice act-amendments.
SEA0064 SF0128 Transfer of state lands-exchange.
SEA0065 SF0157 Weed and pest mitigation-tribal inclusion-2.
 
The Governor allowed the following enrolled act to go into law without his signature. The Governor’s letter is attached and linked below:
HEA0055 HB0100   Acquisition value study.
The bill that may legalize corner cross, SF56, passed:
ORIGINAL SENATE 

FILE NO. SF0056

ENROLLED ACT NO. 60, SENATE


SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING

2023 GENERAL SESSION

AN ACT relating to game and fish; expanding the prohibition for entering private property without permission for hunting purposes to also prohibit traveling through the private property; and providing for an effective date.

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

Section 1.  W.S. 23‑3‑305(b) is amended to read:

23‑3‑305.  Hunting from highway; entering or traveling through private property without permission; penalty; hunting at night without permission prohibited.

(b)  No person shall enter upon, travel through or return across the private property of any person to take wildlife, hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23‑6‑202(a)(v). For purposes of this subsection "travel through or return across" requires physically touching or driving on the surface of the private property.

Section 2.  This act is effective July 1, 2023.
Mountain lion chasing season was established, which I think was a poor idea.

February 28, cont:

The now besieged Speaker of the House issued a press release.
FOR IMMEDIATE RELEASE | February 26, 2023
Contact: Albert.Sommers@wyoleg.gov 

 
Speaker of the House: I’m Focused on Wyoming Solutions, Not Out-of-State Influences
 
Throughout the last decade serving as a Representative in the Wyoming State Legislature, I have consistently used the following metric to assess legislation: does it solve a Wyoming problem with a Wyoming solution? Some bills that come to the Legislature do not come from Wyoming but instead from another state, or they are templates from a national organization. Bills not crafted in Wyoming often take a one-size-fits-all approach that demands the Wyoming Legislature’s due diligence to ensure a bill solves a problem and does not create a new one. 
 
As Speaker of the House, I have the added responsibility of keeping the House of Representatives focused on getting work done for the people of Wyoming. Part of this leadership responsibility is choosing which standing committee a bill goes to and whether it gets sent to a committee at all. I take this responsibility seriously; bad policy can create major consequences for Wyoming. Bills that are unconstitutional, not well vetted, poorly written, duplicate bills or debates, and bills that negate local control, restrict the rights of people, or risk costly litigation financed by the people of Wyoming should not become law. 
 
I depend heavily on two particular committees. The Appropriations and Revenue Committees work on many of the most important bills during the session and are comprised of seasoned legislators with critical expertise. Their members currently hold a combined 106 years of experience in the Legislature. I rely on those bodies to scrutinize weighty legislation because they understand the repercussions of legislation on Wyoming's citizens. These two committees are led by four chairmen and other pillars of the Legislature. The members of Appropriations and Revenue are workhorses who use their experience to critically examine tough issues without letting rhetoric and intimidation get in the way.
 
As an example, bills like SF0172 - Stop ESG-State funds fiduciary duty act, in theory, have merit. However, it's our job to determine how bills will play out in Wyoming's reality. I sent SF0172 to the Appropriations Committee to ensure it was evaluated on its substance. The bill bans Wyoming government officials from contracting with businesses that have boycotted fossil fuels or are considering climate change in their investments. Members of the Appropriations Committee identified significant gaps in the language. The Treasurer's Office raised questions about how this bill may impact Wyoming’s investment portfolio. This bill is not worth risking our state's fiscal future just to send a message. I am hopeful that the language in this policy can be tightened up in the interim to allow us to support our base industries while preserving our investment strategies.
 
Keeping bills in my drawer is another way to ensure we stay focused on solving pressing issues for Wyoming. Here is a list of the bills I currently have in my drawer and why. 
SF0086 - Voter identification-concealed carry permit. The bill allows Wyomingites to use their concealed carry permits as voter identification. I like this idea, but House Bill 79 is a mirror bill that has already passed through the Legislature and became law this Session. Consideration of this bill would have wasted time with duplicate debate. 
 
SF0117 - Parental rights in education. This bill disallows public school teachers from teaching sexual orientation and gender identity themes to children from kindergarten through the third grade and directs school boards how to interact with parents. This type of teaching is not happening in Wyoming schools; moreover, the bill strips local control. Regardless of the issue, I've always fought against taking authority away from local school boards, town councils, and county commissions. Additionally, I believe this bill is unconstitutional as it violates the single-subject rule. 
 
SF111 – Child Abuse- change of sex is one of two bills that take on the subject of gender change in children. I sent a similar bill, SF144 - Chloe's law-children gender change prohibition out to a committee. I did not see the need to spend time debating two similar bills. I thought SF144 had a more appropriate policy position, and I sent it to the Appropriations Committee to be vetted. The bill was passed out of committee with a Do Not Pass recommendation, but is available for debate if the Majority Floor Leader chooses.
 
SF143 – Wyoming Freedom Scholarship Act is virtually the same bill as HB194, which would have created an education savings account. An ESA account is similar to a school voucher system, giving parents state money to put their children in private schools or homeschool. However, HB194 died in the House Education Committee. The Committee heard that bill once, and it failed. There was no need to waste time hearing the bill twice. I do not support this bill because I believe it is unconstitutional, and it is a major policy shift for the state of Wyoming. I do believe this issue will be taken up as an interim topic in the Joint Education Committee, where the idea can be fully vetted.
 
SJ0001 Amending Wyoming's act of admission for leases and earnings. This resolution would request that Congress introduce a bill and enact a law to amend Wyoming's Act of Admission. It changes the very language that made Wyoming a state, and I have serious concerns about its consequences. I believe it is a bad precedent to alter the document that created our statehood.
Bills that I also did not send to committee included: HB0162 - County optional tax-affordable housing, which would have allowed a county to impose a real-estate transfer tax; HB0193 - Carbon capture energy standards-repeal, which would have gutted Wyoming’s carbon capture policy; and HB0115 - Elections administration, which would have taken away election administration authority from the Secretary of State.
 
The Wyoming Constitution allows the Legislature to meet in Session for only 60 working days over two years. This time constraint is by design and helps curtail frivolous bills being debated over a lengthy period. I will continue to do my best to keep us focused in the brief time remaining in the Session. 

This is really pretty remarkable as the Speaker is basically accusing the far right Freedom Caucus legislators of being in the service of out of staters, taking a page out of a well-read Wyoming book, and also a page out of the far right's own campaign manual.

 Governor Gordon Takes Action on 10 Bills on Tuesday, February 28

CHEYENNE, Wyo. –  Governor Mark Gordon took action on 10 bills on Tuesday, February 28. The Governor signed the following bills into law: 

Enrolled Act Bill # Bill Title

HEA0060 HB0118 Volunteer firefighter pension-funding.

HEA0061 HB0081 Hospital supplemental payments-statutory fix.

HEA0062 HB0067 Special license plate decals-women veterans.

HEA0063 HB0059 Wyoming national guard tuition benefits.

HEA0064 HB0038 Wyoming national guard member referral.

HEA0068 HB0140 Mental Health care Access-Collaborative Care Model.

SEA0057 SF0140 Building code requirements-refrigerants.

SEA0059 SF0053 Wyoming national guard medical insurance premiums.

SEA0066 SF0123 Military dependents-school choice.

SEA0067 SF0032 Prohibiting drones over penal institutions.

March 1, 2023
It’s very clear that the Freedom Caucus voted with the Democrats to end debate and thus killed nine bills that were on the bottom of general file, including Chloe’s Law, two ESG bills and the last remaining bill that would have provided property tax relief. That’s on their shoulders, not ours.

Speaker of the House, Sommers.

Oddly, this is true. Those on the left and the right joined to shut down debate at 8:00, killing nine bills in the House. 

The following bills remain alive:

HB0004 Medicaid twelve month postpartum coverage.

HB0014 Civil case filing fees-amendments.

HB0022 State land lease deficiencies-cure process.

HB0033 School finance-career technical education grants.

HB0052 Revisor's bill.

HB0064 Legislative stabilization reserve account-obligations.

HB0076 Licensing boards amendments.

HB0093 Omnibus water bill-construction.

HB0144 Senior citizen district programs and services.

HB0152 Life is a Human Right Act.

HB0171 State land leases.

HB0195 American rescue plan act appropriations-amendments.

HB0208 School foundation program reserve account-investments.

HB0222 Colorado River advisory committee.

SF0042 Taxation of cigars.

SF0048 Education-suspension and expulsion model policies.

SF0051 School finance-regional cost adjustment.

SF0061 Legislator per diem.

SF0066 School capital construction funding.

SF0072 Employees-forced microchip implantation prohibited.

SF0076 Wyoming digital asset registration act.

SF0080 Visitation rights.

SF0094 Federal Indian Child Welfare Act codification.

SF0096 Omnibus water bill-planning and administration.

SF0099 Witnessing of wills-remote methods.

SF0101 Wyoming legal tender act amendments.

SF0107 Acquisition, exchange and sale of trust lands.

SF0109 Prohibiting chemical abortions.

SF0120 Restoration of civil rights.

SF0127 Wyoming Stable Token Act.

SF0133 Student eligibility in interscholastic sports.

SF0137 Subdivisions-fencing requirements.

SF0146 State funded capital construction.

SF0147 Government contracts-labor organization.

SF0151 Wyoming prescription drug transparency act.

SF0152 Occupational therapist criminal history.

SF0153 Election security.

SF0164 Public improvement contract requirements-amendments.

SF0167 Domestic violence protection hearings-remote appearance.

SF0174 Wyoming charter school authorizing board.

SF0181 Drug induced homicide.

SJ0003 Property tax exemption for the elderly and infirm.

The legislature is really down to a handful of bills now, most of which should not be too controversial, although a couple may be.

March 1, cont.


March 2, 2023

Yesterday we noted that Bouchard was reprimanded.  What we didn't note is that he called the person he insulted with profanity the same thing again on his Facebook page, where he stated:

I stand by what I said - F***king Idiot. 

Dr. James testimony was extremely misleading. As she testified about WPATH being the ‘so-called’ safe standard that supposedly protects minors from Sex Change procedures. 

Dr. James omitted a very important detail from her testimony. 

All of the so called medical professionals have been lying about, Sex Changes on Minors. 

They don’t want you to know the TRUTH— that Europe is breaking away from the ‘standard of care’ that Dr. James cited in her testimony to Appropriations Committee last week.

As it turns out, the evidence in favor of sex changes on minors — just isn’t there.

What does all of this really say about the medical community that is still supporting the butchering of children?

He is correct about Europe pulling away from allowing the mutilation of children in this area. 

Bouchard's two Facebook pages are a trip through the extreme far right wing, fully of attacks on other Republicans, including Keven McCarthy and Harriet Hageman, and including attacks on COVID vaccines and the like.  He's made a name for himself by being extreme, which is unfortunate, as it probably doesn't help a rare piece of deserving legislation that he sponsors, such as this one, get through.  Republican moderate columnist Rod Miller correctly tapped into his own self-immolation when he noted, in response to this story:

Don't interrupt your enemy when they are attempting suicide. 

Sun Tzu

Bouchard's Facebook comment would have been perfectly legitimate, and indeed not without merit, if he hadn't repeated the profanity, granted that profanity has become very common in our era.  That aside, he's made such a name for himself being brash and aggressive that he's actually pretty ineffectual. Most people experiencing that would pause and reflect on it, rather than take their own causes down with them.

The far right fantasy bill SF 72 died in the House. The bill prohibited employers from requiring their employees to be microchipped, something that isn't happening in the US to start with.

HB 152, the Life Is A Human Right Act, passed the Senate and is back at the House for reconciliation.  It's been significantly amended, so it is not as broad as it once was.  It's one of the very few conservative bills that has survived so far in this legislature.

SF109 banning chemical (pharmaceutical) abortions has passed the legislature, making it one of the few which has actually passed.

Efforts to amend the bill banning students claiming transgender status from competing in sports of the opposite gender failed, and the bill is advancing.

Governor Gordon to Hold Public Bill Signing Thursday, March 2

CHEYENNE, Wyo. – Governor Mark Gordon will hold a formal bill signing ceremony Thursday, March 2 beginning at 1:30 pm in the Governor's Ceremonial Conference Room in the State Capitol Building. The ceremony is open to the public.

The Governor will sign the following bills:

Enrolled Act #  Bill# Bill Title

HEA0075 HB0099 Property tax refund program.

HEA0076 HB0276 Shed antlers and horns conservation stamp.

HEA0077 HB0123 Collection of antler or horns by residents and nonresidents.

SEA0069 SF0079 Plan of safe care-newborns.

SEA0072 SF0169 State shooting complex task force.

SEA0073 SF0154 Energy authority project financing-refineries.

SEA0074 SF0108 Court reporter fees-district court discretion.

SEA0075 SF0112 Peer support counseling-confidentiality.

March 2, cont:

Governor Gordon Signs Bills Focused on Strengthening Wyoming Families

CHEYENNE, Wyo. – Property tax relief, providing a plan of safe care for at-risk newborns, protecting Wyoming outdoors and supporting energy development were among the bills Governor Mark Gordon signed on Thursday.  
Last year, in an effort to help Wyoming households impacted by rapidly rising home prices and property tax bills, Governor Gordon’s supplemental budget request included an additional one million dollars to be appropriated for the Property Tax Refund Program. House Bill 99–Property Tax Refund Program expanded the qualifications for the state’s Property Tax Refund Program, delivering relief for more homeowners than ever before. The Legislature also followed through on the Governor’s request for additional funds for the program. Brenda Henson, Director of the Wyoming Department of Revenue, estimates that HB 99 will allow at least 6,000 additional households in Wyoming to receive property tax relief. Property owners may apply at their local County Treasurer's office or online at wptrs.wyo.gov beginning April 1st. 
“This bill is one important step towards addressing the concerns of those impacted by the combination of rising inflation and increasing property tax bills,” Governor Gordon said. “I’m grateful that the Legislature saw fit to deliver a bill that provides a measure of targeted relief for those that need it most, especially our senior citizens and those living on fixed incomes.” 
Governor Gordon also signed Senate File 79–Plan of safe care-newborns sponsored by Senator Baldwin. The bill requires healthcare providers to develop plans of safe care for infants born with prenatal substance use exposure. The Governor said he views the bill as a truly pro-life bill, consistent with his view that caring for newborns and mothers is critical to ensuring the best health outcomes for both. 
The Governor also signed a pair of bills–House Bill 123 and House Bill 276–sponsored by freshmen Representatives Wylie and Berger (House Districts 39 and 49, respectively), ensuring Wyoming residents have the first opportunity to enjoy the long-held tradition of shed antler hunting. Governor Gordon congratulated the freshman on their legislative success and thanked the representatives for focusing on legislation that reflected Wyoming solutions for Wyoming problems. 
Senate File 154–Energy Authority Project financing-refineries, sponsored by Senator Cooper (Senate District 6), was in direct response to Governor Gordon’s Gas and Diesel Working Group that came together in the summer of 2022 to find ways to bring down the cost of gas and diesel. Limited refining capacity in the U.S. was repeatedly identified as part of the dramatic increase in petroleum products. Senator Cooper recognized an opportunity to help Wyoming families and our energy industries by developing and constructing oil and gas refineries in Wyoming.  
Additionally, Governor Gordon signed the following bills into law today: 

Enrolled Act Bill # Bill Title
HEA0071 HB0009 Juvenile courts-concurrent jurisdiction clarification
HEA0072 HB0011 State park rangers-retirement.
HEA0073 HB0200 Nonresident hunting licenses-application fees.
HEA0074 HB0002 Town officers-salary waiver.
SEA0072 SF0169 State shooting complex task force.
SEA0074 SF0108 Court reporter fees-district court discretion.
SEA0075 SF0112 Peer support counseling-confidentiality.
March 3, 2023

Today is the Last Day of the 2023 Legislature.

The Cross Over Voting ban, which was based on a fantasy, passed into law without the Governor's signature, giving Chuck Gray a political, if de facto pointless, victory.

Governor Notes Minor Flaws and Allows Crossover Voting Bill to Become Law

CHEYENNE, Wyo. –

CHEYENNE, Wyo. – Governor Mark Gordon notified Speaker of the House Albert Sommers that he will allow House Bill 103 to take effect without his signature. There were no constitutional concerns raised with this bill, and it had a near super-majority of support in the Legislature. Still, the Governor notes the crossover voting legislation may create confusion for voters. But, the flaws were not sufficient to issue a veto. 

Governor Gordon had hoped to receive legislation that would strengthen the closed primary system because he believes Republicans should vote in Republican Primaries and Democrats should vote in Democratic primaries. He made this case in his State of the State Address in 2022. 
Nearly three-quarters of Wyoming voters were registered Republicans for the 2022 elections. From this, Governor Gordon noted this perhaps makes the presumed changes more academic than real. “I urge voters to learn about these changes so that they may vote for their desired major party ballot in 2024, stated Governor Gordon.” 

Governor Gordon also secured a commitment from the bill’s sponsor to clarify the bill’s ambiguity before the next primary election. 

Please see the full Governor’s letter here. 

Clearly the Governor was not pleased with the bill.

The irony of the bill is that that Democrats who did cross over to vote for Cheney are likely still in the GOP, and will likely not think about rejoining the Democratic Party until the next primary, at which point they'll miss the deadline and be trapped in the GOP.

Now maybe Chuck can devote his full energies to his elected duties,  I have something sitting around in his office waiting to be filed, and perhaps he can get to it.  At any rate, I'm sure he'll claim this as a major victory when he moves on from the Secretary of State's office, which he clearly will, and tries to run for something else.

Harriet Hageman's attempted intervention in the Legislative Session continues to make waves, with Al Simpson criticizing her for her actions.

Of note, her opponent in the last election, Liz Cheney, has apparently turned her back on Wyoming forever and joined the faculty of the University of Virginia.

March 3, cont.
Governor Gordon to Hold Public Bill Signing Today, Friday March 3
 
CHEYENNE, Wyo. – Governor Mark Gordon will hold a formal bill signing ceremony today Friday, March 3 beginning at 1:45 pm in the Governor's Ceremonial Conference Room in the State Capitol Building. The ceremony is open to the public.

The Governor will sign the following bills:

Enrolled Act #  Bill# Bill Title 
HEA0084 HB0004      Medicaid twelve month postpartum coverage.
SJ0003      SJ0003        Property tax residential property class.
This will be the final entry on this volume, before a new volume, no. 7, takes over.  The reason is, barring anything odd and unforeseen, the legislators will pack up and head home tonight.

Anyhow, the bills above are interested in that the first one is yet another defeat for the Freedom Caucus, which opposed it.  Those following this thread will recall that freshman legislator J. Ward, formerly of Chicago, opined that we were in fact not our brother's keeper, in speaking against medicaid extension for postpartum coverage.

Apparently the legislature felt otherwise, as they surely should have.

Last prior edition: