June 18, 2022
Oh no . . . isn't this a bit early?
Why yes, but we already have bills circulating, including Wyoming Stablecoin, again.
Wyoming Stablecoin would be a Wyoming issued, bond backed, bit currency. It passed last year, under the wire, and then the Governor vetoed it. Apparently the State Treasurer was a bit relieved at that.
Legislators are trying again.
August 23, 2022
The Corporations Committee is again considering a ranked choice voting bill.
August 26, 2022
The Corporations Committee approved a motion to draft a bill to strip the Secretary of State of his sole authority over elections, undoubtedly a vote of no confidence on the incoming occupant of that office, Chuck Gray.
From a Newsweek reporter:
After a candidate who has denied the results of the 2020 election won his Secretary of State primary in Wyoming, it looks like the Joint Corporations Committee has just approved a motion to draft legislation stripping the office's sole authority to oversee the state's elections.
The bill, when drafted, will have to get past the committee, and into the full legislature, where I'd guess that it's unlikely to be passed.
Legislator Charlie Scott, a long time presence in the legislature, voted against the measure and reminded fellow committee members of the prior effort to restrain the powers of Cindy Hill, the controversial Superintendent of Public Instruction. That ultimately ended up in a court battle which the State lost, which in some ways might be regarded as a bit of a prequel to where the state's politics are now at.
August 27, 2022
Two ranked choice bills are being considered in the Corporation's Committee. One would make primaries ranked choice with no party affiliation. The other would allow for municipalities to adopt the system.
The elimination of parties from primaries would be a big step forward in my opinion. As Cale Case noted, this should end the complaints about Democrats switching to the Republicans in order to have a chance to vote in the election that's come to be the final determinant more often than not in who will hold office. And it would restore a measure of democracy to the state's elections that has been declining by advancing the top primary picks to the general irrespective of party.
August 31, 2022
The complaint filed against Anthony Bouchard by a lobbyist will be determined before the commencement of the next legislative session.
September 13, 2022
The legislature will not consider a bill to make illegal drug use while pregnant a felony.
It should be noted, of course, that for the most part illegal drug use is already a felony.
This gets to a bill mentioned within the last couple of days that would make vehicular homicide resulting in the death of a pedestrian a felony, according to how it was reported. But vehicular homicide is also already a felony.
Both bills go towards the modern trend of making something already illegal, illegal again in a special way, often with a different penalty.
October 18, 2022
A legislative committee tabled an open primary and ranked choice voting system bill, all but killing it in light of the fact that the incoming legislature will be more right wing and populist than the current one.
In enacted, Wyoming would have effectively no longer bothered with internal party races, but simply have had primaries that eliminated the least popular candidates so that the two most popular ones could have gone on to the general election. If that had been the case this year, for example, chances are high that we'd still have two candidates competing for Secretary of State.
A bill for ranked choice voting for local races proceeded.
Score one for the forces opposed to wider democracy and liberation from the two party system.
October 19, 2022
A bill in the legislature would remove political parties from the process if an elected incumbent in state office leaves office. This is targeted at avoiding future embarrassing appointments to said offices, such as the state received in the case of the recent Interim Secretary of State and Superintendent of Public Instruction.
If over half the term remains, a special election would be held. In the cases in which less than half remains, depending upon the office, the Governor or the County Commissioners will pick the successor. The successor would still have to be a member of the political party that the vacating individual ones.
This is definitely an improvement, but more and more the role of political parties in general in this process is questionable. Americans are so used to them that they think of the "two party system" as thought it's written into our organic documents, which it is not.\
Idaho Outtake: A bill to ban drag performances in public venues will be introduced in Idaho's legislature next session.
November 15, 2022
The Republican Party Central Committee has issued a series of resolutions directing the legislature to take action as follows:
a. Take the Federal lands away from the Federal government, which is effectively a declaration of war against Wyoming's citizens, which hate this concept.
b. Preclude party switching 30 days before the election.
c. "Take actions" against the Federal recommendation that the COVID 19 vaccine be given to children.
d. Investigate the roles of George Soros and Bill Gates in Wyoming's energy industry.
e. Something about trans in schools, but I didn't follow it. Part of that may have been to require participants in high school sports to participate in the category of their gender at birth.
Some of these resolutions are socially conservative, some are just extreme, others are flat out nuts.
November 20, 2022
Wyoming Republicans beat back a challenge from the populist far right on Speaker of the House, choosing Albert Sommers as the next Speaker over Mark Jennings. Clark Stith was chosen Speaker Pro Tempore over a populist challenger.
Cyrus Western was chosen as Majority Whip. Ogden Driskill was chosen as President of the Senate. All in all, therefore, Wyoming Republicans won over Populists.
December 3, 2022
A bill has advanced to allow legislators and their families to enroll in the state's health insurance system.
A bill that provides that a Game Warden can always cite somebody for trespassing has advanced.
December 7, 2022
A bill to bad gender reassignment medical procedures is being drafted.
All the data on this shows at a bare minimum that a high percentage of those undergoing such medical treatment regret it with often disastrous results. Little noticed, to add to it, the process of medically delaying puberty in order to aid in this process likewise is disastrous. The extent to which "transgenderism" isn't really even scientifically supported is little noted. Nonetheless, the societal trend right now is such that the headline in this referred to this area as "gender care", when in the future such treatment is likely to be regarded the way lobotomies on minors are regarded now. The article I read used the phrase "gender affirming" care repeatedly, which in reality in completely contrary to what such procedures are aimed at.
December 8, 2022
Some bills that have made it to the assembly line. I'm not going to post all of them, as they aren't all that interesting. But here's a couple that are a bit interesting.
In the first one, the legislature takes on young love, or something.
2023 | STATE OF WYOMING | 23LSO-0297 |
HOUSE BILL NO. HB0007
Underage marriage-amendments.
Sponsored by: Representative(s) Zwonitzer, Dn and Oakley and Senator(s) Case and Furphy
A BILL
for
AN ACT relating to domestic relations; amending the minimum marriageable age; specifying that marriages involving persons under age sixteen (16) are void; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 20‑1‑102, 20‑1‑103(c)(iii), 20‑1‑105(b) and 20‑2‑101(a) by creating a new paragraph (iv) and (b) are amended to read:
20‑1‑102. Minimum marriageable age; exception; parental consent.
(a) At the time of marriage the parties shall be at least sixteen (16) eighteen (18) years of age except as otherwise provided. No person shall marry who is under the age of sixteen (16) years.
(b) All marriages involving a person under sixteen (16) or seventeen (17) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor. All marriages involving a person under sixteen (16) years of age are void.
(c) When either party is a minor sixteen (16) or seventeen (17) years of age, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor person sixteen (16) or seventeen (17) years of age. Written consent shall be proved by the testimony of at least one (1) competent witness.
20‑1‑103. License; required.
(c) Unless there is an order to waive the requirements of this section by a judge of a court of record in the county pursuant to W.S. 20‑1‑105, the clerk shall refuse to issue a license if:
(iii) Either party is a minor sixteen (16) or seventeen (17) years of age and the consent of a parent or guardian has not been given.
20‑1‑105. Judge may order license issued.
(b) If either party is under sixteen (16) or seventeen (17) years of age, the parents or guardians may apply to any judge of a court of record in the county of residence of the minor person sixteen (16) or seventeen (17) years of age for an order authorizing the marriage and directing the issuance of a marriage license. If the judge believes it advisable, he shall enter an order authorizing the marriage and directing the county clerk to issue a license. Upon filing of a certified copy of the order with the county clerk, the county clerk shall issue a license and endorse thereon the fact of the issuance of the order. No person authorized to perform marriage ceremonies in Wyoming shall perform any marriage ceremony if either party is under the age specified by this subsection unless the license contains the endorsement of sixteen (16) years.
20‑2‑101. Void and voidable marriages defined; annulments.
(a) Marriages contracted in Wyoming are void without any decree of divorce:
(iv) When either party is under sixteen (16) years of age at the time of contracting the marriage.
(b) A marriage is voidable if solemnized when either party was under the age of legal consent sixteen (16) or seventeen (17) years of age unless a judge gave consent, if they separated during nonage and did not cohabit together afterwards, or if the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties.
Section 2. This act shall apply to all marriages entered into on and after July 1, 2023.
Section 3. This act is effective July 1, 2023.
What this bill does is wipe out the chance that really young marriages occur, which is likely a good thing. As a practical matter, it would have been pretty much impossible to secure permission from the courts for a really young marriage, but changing the law is worthwhile.
The second takes on drones over property.
SENATE FILE NO. SF0034
Trespass by small unmanned aircraft.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to crimes and offenses; creating the crime of trespass by small unmanned aircraft; providing a penalty; providing definitions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6‑3‑308 is created to read:
6‑3‑308. Trespass by small unmanned aircraft.
(a) A person is guilty of trespass by small unmanned aircraft if the person causes a small unmanned aircraft to enter into the immediate reaches of the airspace over the private property of a landowner and the entry substantially interferes with the landowner's or his authorized occupant's use and enjoyment of the land. For purposes of this section "aircraft", "unmanned aircraft" and "small unmanned aircraft" means as defined in 14 C.F.R. 1.1 as of September 13, 2022.
(b) Any person convicted of violating subsection (a) of this section shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00), by imprisonment not to exceed six (6) months, or both.
Section 2. This act is effective July 1, 2023.
(END)
No flying those drones to the annoyance of others, in other words.
December 10, 2022
SENATE FILE NO. SF0032
Prohibiting drones over penal institutions.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to crimes and offenses; prohibiting the use of unmanned aircraft systems as specified; authorizing the department of corrections to take reasonable actions against unmanned aircraft systems trespassing over or in penal institutions; providing definitions; providing penalties; providing exceptions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6‑5‑214 is created to read:
6‑5‑214. Unmanned aircraft systems and correctional institutions; definitions; penalties.
(a) As used in this section:
(i) "Contraband" means as defined in W.S. 6‑5‑213(c)(i);
(ii) "Penal institution or correctional facility" means as defined in W.S. 6‑5‑213(c)(ii);
(iii) "Unmanned aircraft system":
(A) Means an unmanned, powered aircraft that:
(I) Does not carry a human operator;
(II) Can be autonomous or remotely piloted or operated; and
(III) Can be expendable or recoverable.
(B) Does not include:
(I) A satellite orbiting the earth;
(II) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to a contract with the United States Government;
(III) An unmanned aircraft system used by the state for purposes of state business;
(IV) An unmanned aircraft system used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.
(b) Except as authorized by a person in charge of the penal institution or correctional facility, no person shall intentionally:
(i) Photograph, surveil, broadcast or otherwise record a penal institution or correctional facility through the use of an unmanned aircraft system;
(ii) Convey or attempt to convey contraband to a person confined in a penal institution or correctional facility through the use of an unmanned aircraft system; or
(iii) Deliver or attempt to deliver a deadly weapon into a penal institution or correctional facility through the use of an unmanned aircraft system.
(c) Any person who violates paragraphs (b)(i) or (ii) of this section is guilty of misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. Any person who violates paragraph (b)(iii) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(d) A person who uses an unmanned aircraft system under one (1) or more of the exclusions specified in subdivisions (a)(iii)(B)(II) through (IV) of this section shall provide reasonable notice of the intended use of the unmanned aircraft system at the penal institution or correctional facility to the person in charge of the institution or facility.
(e) The person in charge of a penal institution or correctional facility may take or authorize the use of reasonable actions to prevent or stop the use of unmanned aircraft systems operating in violation of this section consistent with rules and regulations promulgated by the department of corrections pursuant to W.S. 25‑1‑105(h).
Section 2. W.S. 25‑1‑105 by creating a new subsection (h) is amended to read:
25‑1‑105. Powers of department; care of persons committed outside of state.
(h) The department of corrections shall promulgate rules specifying reasonable actions a person in charge of a penal institution or correctional facility may take to stop or prevent a violation of W.S. 6‑5‑214(b).
Section 3. The department of corrections shall promulgate any rules necessary to implement this act.
Section 4.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2023.
(b) Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
SENATE FILE NO. SF0033
Defining aircraft for purposes of hunting prohibitions.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to game and fish; providing a definition of "aircraft" for purposes of the prohibition on the use of aircraft for hunting and other purposes as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 23‑3‑306(a) is amended to read:
23‑3‑306. Use of aircraft, automobiles, motorized and snow vehicles and artificial light for hunting or fishing prohibited; exceptions; penalties.
(a) No person shall harass, pursue, hunt, shoot, or kill any Wyoming wildlife except predatory animals with, from, or by use of any aircraft, automotive vehicle, trailer, motor‑propelled wheeled vehicle, or vehicle designed for travel over snow. No person shall use any aircraft, to aid in the taking of any Wyoming wildlife, except predatory animals, whether by spotting or locating the wildlife, communicating with any person attempting to take the wildlife, or by providing other aid to any person taking the wildlife. Nothing in this subsection shall apply to the use of any aircraft by governmental agencies, their employees, contractors or designees performing any lawful duties. The commission may exempt handicapped hunters from any provision of this subsection. For purposes of this section "aircraft" means any machine or device capable of atmospheric flight including but not limited to an airplane, helicopter, glider, dirigible or unmanned aerial vehicle.
Section 2. This act is effective July 1, 2023.
(END)
December 19, 2022:
Stogie economics:
2023 | STATE OF WYOMING | 23LSO-0062 |
SENATE FILE NO. SF0042
Taxation of cigars.
Sponsored by: Joint Revenue Interim Committee
A BILL
for
AN ACT relating to tobacco taxes; specifying a maximum tax on cigars; providing that the tax on a premium cigar is due following the sale of the cigar; providing a definition; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 39‑18‑101(a) by creating a new paragraph (xii), 39‑18‑104(c) and (d) and 39‑18‑107(a)(i), (ii), (b)(i), (ii) and (c)(i)(intro) are amended to read:
39‑18‑101. Definitions.
(a) As used in this article:
(xii) "Premium cigar" means a cigar that:
(A) Is wrapped in whole tobacco leaf;
(B) Is handmade or hand rolled; and
(C) Has no filter, non‑tobacco tip or non‑tobacco mouthpiece.
39‑18‑104. Taxation rate.
(c) In addition to the other taxes imposed by this section, there is levied and assessed upon cigars, snuff and other tobacco products purchased or imported into this state by wholesalers for resale, except cigarettes and moist snuff taxed under this section, an excise tax at the rate of twenty percent (20%) of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers. The tax rate under this subsection shall not exceed thirty cents ($0.30) per premium cigar.
(d) The tax imposed by subsection (c) of this section shall also be imposed upon the use or storage by consumers of cigars, snuff and other tobacco products other than cigarettes and moist snuff in this state, and upon those consumers, at the rate of ten percent (10%) of the retail price of the cigar, snuff or other tobacco product other than cigarettes and moist snuff. This tax shall not apply if the tax imposed by subsection (c) of this section has been paid. The tax rate under this subsection shall not exceed thirty cents ($0.30) per premium cigar.
39‑18‑107. Compliance; collection procedures.
(a) Returns and reports. The following shall apply:
(i) Each wholesaler shall keep complete and accurate records of all nicotine products purchased and sold for three (3) years. The records shall be in the form prescribed by the department and will be available for inspection by the department at any reasonable time. The department may investigate and examine the stock of cigarettes and premium cigars upon any premises where they are stored or sold;
(ii) On or before the tenth day of each calendar quarter, every consumer who, during the preceding calendar quarter, has acquired title to or possession of nicotine products for use or storage in this state, upon which products the tax imposed by W.S. 39‑18‑103(a)(iii) and (v) has not been paid, shall file a return with the department showing the quantity of such products so acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain such other information as the department may require. The return shall be accompanied by a remittance for the full unpaid tax liability shown by it, provided that the tax on premium cigars shall be due upon the sale of the premium cigars as provided in subsection (b) of this section.
(b) Payment. The following shall apply:
(i) There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑18‑104(a) and (c) upon the sale of each cigarette and premium cigar sold by wholesalers;
(ii) There is levied and shall be paid to the department an excise tax at the rate imposed by W.S. 39‑18‑104(b) and (d) upon the use or storage by consumers of cigarettes and premium cigars in Wyoming but only if the tax imposed by paragraph (i) of this subsection has not been paid;
(c) Timelines. The following shall apply:
(i) No later than the twentieth day of the month following the sale of cigarettes and premium cigars, or the month following the end of the calendar quarter for nicotine products other than cigarettes and premium cigars, each wholesaler shall return to the department the following information on forms furnished by the department:
Section 2. This act is effective July 1, 2023.
(END)
Postponing the bench:
2023 | STATE OF WYOMING | 23LSO-0384 |
SENATE FILE NO. SF0055
Chancery court vacancies-extension amendment.
Sponsored by: Senator(s) Nethercott, Landen and Schuler and Representative(s) Oakley, Olsen, Stith and Washut
A BILL
for
AN ACT relating to courts; amending requirements for filling chancery court vacancies; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 5‑13‑109(b) is amended to read:
5‑13‑109. Temporary assignment to fill vacancies; appointments to fill vacancies in office.
(b) Beginning January 1, 2024 2025, the office of judge of the chancery court and any vacancies therein shall be filled as provided by W.S. 5‑13‑107.
Section 2. This act is effective July 1, 2023.
(END)
Staying airborne?
2023 | STATE OF WYOMING | 23LSO-0108 |
SENATE FILE NO. SF0056
Prohibiting travel across private land for hunting purposes.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
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.
(END)
December 30, 2022
An important bill has been introduced in the House which would mix the order in which names appear on ballots.
023 | STATE OF WYOMING | 23LSO-0148 |
HOUSE BILL NO. HB0055
Election ballot order and party affiliation.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
AN ACT relating to elections; amending the process to determine the position of candidates on the general election ballot; allowing independent candidates to list a party affiliation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 22‑6‑120(a)(vii) and 22‑6‑121(a)(intro) are amended to read:
22‑6‑120. Format of general election ballot.
(a) The general election ballot shall be printed in substantial compliance with this format:
(vii) The names of partisan party candidates, if candidates have filed, and independent candidates, if candidates have filed, shall be printed in a separate column or columns, row or rows, and the name of the party represented or the word "Independent" shall be printed directly above the candidate's name or at the end of the row. If there are a number of candidates representing a party, or independents, the county clerk at his discretion may designate a separate vertical column or columns, or row or rows to said candidates and print the name of said party or An independent candidate may choose to list their party affiliation on the ballot after the word "Independent"; at the top of the column or beginning of the row;
22‑6‑121. Order of candidates' names.
(a) Political party position shall be determined on the general election ballot according to the number of votes received by each party within the county for the office of representative in congress at the last preceding general election. The party receiving the highest number of votes shall appear first following the names of the offices to be voted for and other parties shall follow in the order of their respective numbers of such votes. The order of any provisional parties will be drawn by the secretary of state. Any independent For the general election ballot, the names of candidates shall appear following the last party and shall be listed in alphabetical order, subject to rotation. When more than one (1) candidate is to be elected to a particular office, the names of candidates shall be printed in alphabetical order, subject to rotation, on all ballots for electronic and machine voting systems as defined by W.S. 22‑1‑102 rotated as set forth in W.S. 22‑6‑122.
Section 2. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
January 4, 2023
In a blistering act of hypocrisy, Jeanette Ward, who left "fascist" Illinois as school districts were telling students to wear masks, as they should have, would now have the State of Wyoming tell private businesses that they couldn't require them.
2023 | STATE OF WYOMING | 23LSO-0417 |
HOUSE BILL NO. HB0066
Prohibiting mask, vaccine and testing discrimination.
Sponsored by: Representative(s) Ward, Allemand, Angelos, Banks, Haroldson, Hornok, Knapp, Locke, Ottman, Penn, Rodriguez-Williams, Slagle, Smith, Strock, Styvar and Winter and Senator(s) Hutchings and Salazar
A BILL
for
AN ACT relating to public health and safety; prohibiting discrimination and publishing or advertising based on a person's vaccination, face covering or medical testing status as specified; providing a criminal penalty; providing definitions; making conforming amendments; repealing immunization requirements; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35‑4‑140 is created to read:
35‑4‑140. Discrimination based on facial coverings, vaccination status and medical testing; penalties.
(a) As used in this section:
(i) "COVID‑19" means as defined by W.S. 1‑1‑141(a)(ii);
(ii) "Facial covering" means a mask or protective covering for the mouth and nose, typically worn to reduce the spread of an infectious virus or disease;
(iii) "Medical testing" means testing performed to detect, diagnose or monitor an infectious virus or disease including, but not limited to, molecular testing, temperature checks, nasal swabbing, nasopharyngeal swabbing, oropharyngeal swabbing, saliva testing, antigen testing, antibody testing, urinalysis and blood testing;
(iv) "Vaccination" means the act of administering a vaccine;
(v) "Vaccine" means any substance including live, weakened or dead viruses designed to be administered to a person to produce immunity and prevent infectious viruses and diseases.
(b) No person shall:
(i) Refuse, withhold from or deny to a person any services, goods, facilities, advantages or privileges that are public in nature or that invite the patronage of the public based on a person's COVID‑19 or any other infectious virus or disease vaccination status, whether a person is not wearing a face covering or whether a person refuses to submit to medical testing;
(ii) Publish, display or mail, either directly or indirectly, any communication, notice or advertisement that states that a person is required to wear a face covering, is required to have a COVID‑19 or any other infectious virus or disease vaccination or is required to submit to medical testing as a condition for receiving or accessing services, goods, facilities, advantages and privileges that are public in nature or that invite the patronage of the public.
(c) Any person that violates subsection (b) of this section shall be guilty of a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment for not to exceed one (1) year, or both.
Section 2. W.S. 14‑4‑116, 21‑4‑309 and 21‑24‑104(c) are repealed.
Section 3. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
So much for "less government, more freedom", and so much for private property rights. This bill tells private property owners open to the public exactly what they can do, and even what they can say.
And so much for the legislative oath to uphold the Constitution. This bill is also rampagingly unconstitutional.
The late Gene Shepherd once observed that, in the end, all fanatics meet in their fanaticism, and it's very true. Here the private property, individual worshiping right, circles around to become the very thing they claim they despise. Big government telling individuals and private property owners what to do, say, and more or less, think.
January 5, 2023
The Wyoming Freedom Caucus, a caucus of far right legislators, formally announced their existence yesterday. The group may be regarded as the Trumpite populist wing of the party, which in the legislature is nearly a party unto itself.
January 5, 2023, cont:
More prefiled bills are rolling in, as the convening of the legislative session grows closer.
A few more of interest:
A landowner's bill seeking to make it easier to charge somebody with criminal trespass:
2023 | STATE OF WYOMING | 23LSO-0382 |
HOUSE BILL NO. HB0075
Painted fence posts-no trespassing.
Sponsored by: Representative(s) Banks, Allemand, Crago and Slagle and Senator(s) Driskill and Schuler
A BILL
for
AN ACT relating to crimes and offenses; specifying how property may be designated to prevent trespass by use of fluorescent orange or fluorescent pink paint; requiring the game and fish commission and the department of state parks and cultural resources to inform permittees concerning trespassing and rights-of-way through private land; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6‑3‑303(a)(intro), (i) and by creating a new paragraph (iii), 23‑1‑302(a) by creating a new paragraph (xxxiii) and 36‑4‑121 by creating a new subsection (u) are amended to read:
6‑3‑303. Criminal trespass; penalties.
(a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this section, notice is given by any one (1) of the following:
(i) Personal communication to the person by the owner or occupant, or his agent, or by a peace officer; or
(iii) Marking of a post or structure with not less than fifty (50) square inches of fluorescent orange or fluorescent pink paint at each outer gate and normal point of access to the property, including both sides of a body of water crossing the property wherever the body of water intersects an outer boundary line and at regular intervals of not less than one‑fourth (1/4) mile along property bordering a public road, except that:
(A) When metal fenceposts are used, the entire post above ground shall be marked with fluorescent orange or fluorescent pink paint;
(B) No fluorescent orange or fluorescent pink markings shall be used on posts or structures where a public roadway enters the property.
23‑1‑302. Powers and duties.
(a) The commission is directed and empowered:
(xxxiii) To educate and inform all persons holding hunting, fishing or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed form, the provisions under W.S. 6‑3‑303 and 23‑3‑305(b) concerning trespassing. The commission shall use public media, as well as its own publications, in educating and informing other recreational users of the provisions of W.S. 6‑3‑303 and 23‑3‑305(b) concerning trespassing. In the interests of providing the public with clear information regarding the public nature of unfenced rights‑of‑way through private land, the commission may develop and distribute to landowners, together with the department of state parks and cultural resources, signs for posting where a public roadway enters private land that give notice not to trespass off the public roadway.
36‑4‑121. Permits to use state parks, recreation areas and historic sites.
(u) The department shall educate and inform all persons holding permits to use state parks, recreation areas and historic sites by including on any publication concerning the permits, in condensed form, the provisions under W.S. 6‑3‑303 concerning trespassing. The department shall use public media, as well as its own publications, in educating and informing recreational users of the provisions of W.S. 6‑3‑303 concerning trespassing. In the interests of providing the public with clear information regarding the public nature of unfenced rights‑of‑way through private land, the department may develop and distribute to landowners, together with the game and fish commission, signs for posting where a public roadway enters private land that give notice not to trespass off the public roadway.
Section 2. This act is effective July 1, 2023.
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This sort of thing is part of the same "less government, more freedom" charade that the far right has posted. This makes for more government and less freedom, and ought to fail.
Another bill proposes to make concealed carry permits legal ID for voting purposes, which I guess is fine.
2023 | STATE OF WYOMING | 23LSO-0340 |
HOUSE BILL NO. HB0079
Voter I.D.-concealed carry permit.
Sponsored by: Representative(s) Crago, Olsen and Washut and Senator(s) Barlow and Kinskey
A BILL
for
AN ACT relating to elections; providing that a concealed carry permit is acceptable identification for purposes of in-person voter identification requirements; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 22‑1‑102(a)(xxxix)(B) by creating a new subdivision (X) is amended to read:
22‑1‑102. Definitions.
(a) The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:
(xxxix) "Acceptable identification" means:
(B) For purposes of in person voter identification immediately before voting at a polling place or absentee polling place, any of the following:
(X) A valid permit to carry a concealed firearm issued pursuant to W.S. 6‑8‑104.
Section 2. This act is effective July 1, 2023.
(END)
A bill to address the dog's breakfast caused by the Herrera case, which still is otherwise working its way through the courts, has been introduced. This would allow the state to negotiate with the tribes so that both parties can avoid whatever scary results may be coming.
2023 | STATE OF WYOMING | 23LSO-0343 |
HOUSE BILL NO. HB0083
Tribal agreements to hunt and fish.
Sponsored by: Representative(s) Larsen, L, Crago, Neiman, Newsome, Oakley and Sommers and Senator(s) Barlow, Case, Dockstader, Driskill and Ellis
A BILL
for
AN ACT relating to game and fish; authorizing the governor to negotiate and enter into agreements with tribes concerning hunting, fishing, trapping and gathering rights claims as specified; providing for a report; providing rulemaking authority; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 23‑1‑1101 is created to read:
ARTICLE 11
AGREEMENTS WITH TRIBES
23‑1‑1101. Authorization to negotiate and enter into agreements with tribes concerning hunting, fishing, trapping and gathering.
(a) The governor, on behalf of the state, is authorized to negotiate and enter into an agreement between the state and a tribe concerning a hunting, fishing, trapping or gathering right claim that is based on a treaty or other recognized federal right on lands located within the state.
(b) Any agreement executed under this section shall be in writing and signed by the governor and the governing body of the tribe.
(c) The governor shall not enter into any agreement with a tribe under this section, unless:
(i) The agreement provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with any state statutes;
(ii) The tribe has adopted a game code or other similar enforceable regulatory mechanism that provides for the issuance of tribal hunting, fishing and trapping licenses and adopts or incorporates the substantive requirements and prohibitions contained in W.S. 23‑3‑101 through 23‑3‑407;
(iii) The governor finds that the tribe has the ability to effectively enforce the provisions of its game code against violators;
(iv) The tribe agrees that tribal members who do not possess a valid license shall be subject to regulation under applicable state laws for acts committed outside the boundaries of the Wind River Indian Reservation;
(v) The tribe agrees that tribal members who possess a valid tribal license but otherwise violate the tribal game code outside the boundaries of the Wind River Indian Reservation are subject to appropriate enforcement by tribal or state authorities;
(vi) The tribe agrees to:
(A) Align its hunting, fishing and trapping seasons with the hunting, fishing and trapping seasons set by the Wyoming game and fish commission, except for limited exceptions for ceremonial, traditional or religious purposes;
(B) Abide by any hunting, fishing or trapping area closures set by the commission;
(C) Collect and share harvest data with the commission;
(D) Set appropriate quotas, daily limits and possession limits that do not conflict with quotas, daily limits and possession limits set by the commission and that further both parties' interests in conservation.
(vii) The agreement provides that tribal hunting, fishing, trapping and gathering shall be subject to the state's right to regulate when necessary for conservation.
(d) Nothing in this section or any agreement entered into under this section shall grant any person the right to hunt, fish, trap or gather on private property without the permission of the owner or person in charge of the property.
(e) As used in this section:
(i) "Gathering" means the sustainable, non‑commercial collection by hand of naturally occurring vegetation or non‑mineral surface materials for personal, ceremonial, traditional or religious use. Gathering shall not mean the harvest of fish or wildlife;
(ii) "Tribe" means as provided in W.S. 20‑5‑202(a)(xvi).
Section 2. The governor's office shall report to the joint travel, recreation and wildlife interim committee within ten (10) days of completion of an agreement with a tribal authority pursuant to this act.
Section 3. To the greatest extent authorized under state and federal law, the Wyoming game and fish commission and the Wyoming board of land commissioners may promulgate all rules and regulations necessary to implement an agreement entered into pursuant to 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.
(END)
Liberty Caucus, Illinoisan Jeanette Ward has introduced a bill regarding the school library situation. I generally hate to agree with Ward on anything, but I'd vote for this one.
2023 | STATE OF WYOMING | 23LSO-0444 |
HOUSE BILL NO. HB0087
Crimes of obscenity-revisions.
Sponsored by: Representative(s) Ward, Allemand, Angelos, Haroldson, Hornok, Locke, Ottman, Pendergraft, Penn, Slagle and Strock and Senator(s) Hutchings, Ide and Steinmetz
A BILL
for
AN ACT relating to crimes and offenses; amending the definition of child pornography for the offense of sexual exploitation of children to include cartoons and other depictions; repealing an exemption from promoting obscenity for activities conducted in the course of employment at a school, college, university, museum or public library; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6‑4‑303(a)(ii)(intro) is amended to read:
6‑4‑303. Sexual exploitation of children; penalties; definitions.
(a) As used in this section:
(ii) "Child pornography" means any visual depiction, including any photograph, film, video, picture, cartoon, drawing, computer or computer‑generated image or picture, whether or not made or produced by electronic, mechanical or other means, or any other form of depiction of explicit sexual conduct, where:
Section 2. W.S. 6‑4‑302(c)(ii) is repealed.
Section 3. This act is effective July 1, 2023.
(END)
A bill regarding foreign ownership of agricultural land has been introduced.
2023 | STATE OF WYOMING | 23LSO-0521 |
HOUSE BILL NO. HB0088
Foreign ownership of agricultural land-prohibited.
Sponsored by: Representative(s) Banks, Allemand, Haroldson and Pendergraft and Senator(s) French, Laursen, D and Salazar
A BILL
for
AN ACT relating to property; restricting foreign ownership of agricultural land in Wyoming as specified; defining terms; requiring registration as specified; authorizing enforcement of ownership restrictions as specified; providing a civil penalty; requiring the inclusion of notices of foreign ownership in assessment schedules and tax statements; specifying applicability; requiring rulemaking; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 34‑15‑104 is created to read:
34‑15‑104. Restriction on foreign ownership of agricultural land; registration; penalty; enforcement.
(a) As used in this section:
(i) "Agricultural land" means any land that is located outside the exterior boundaries of any incorporated city or town that is used principally for farming or ranching or for:
(A) The cultivation of the soil for production of crops;
(B) The production of timber products or grasses for forage;
(C) The rearing, feeding, grazing or management of livestock;
(D) A farmstead structure; or
(E) Any other agricultural purpose.
(ii) "Foreign business" means a corporation incorporated under the laws of a foreign government or a business entity, whether or not incorporated, in which a majority interest is owned or controlled directly or indirectly by foreign persons or by a foreign government. Legal entities including trusts, holding companies, multiple corporations or other entities with other business arrangements shall not affect the determination of ownership or control of a foreign business;
(iii) "Foreign government" means a government other than:
(A) The government of the United States or its states, localities, territories or possessions;
(B) The government of any federally or state recognized Indian tribe or band.
(iv) "Foreign person" means a person who is not either:
(A) A citizen of the United States; or
(B) A person lawfully admitted into the United States for permanent residence by the United States immigration and naturalization service, including a person whose lawful permanent resident status is conditional.
(b) No foreign government, foreign business or foreign person, or any agent, trustee or fiduciary thereof, shall purchase or otherwise acquire agricultural land in Wyoming. A foreign government, foreign business or foreign person, or any agent, trustee or fiduciary thereof, that owns or holds agricultural land in Wyoming on July 1, 2023 may continue to own or hold the agricultural land but shall not sell or otherwise dispose of the agricultural land to another foreign government, foreign business or foreign person.
(c) A foreign business, foreign government or foreign person, or any agent, trustee or fiduciary thereof, that owns an interest in agricultural land in Wyoming in accordance with subsection (b) of this section on or after July 1, 2023 shall register the ownership of the agricultural land with the secretary of state. The registration shall be in a form and manner prescribed by the secretary of state and shall contain the name of the owner, the location of the agricultural land, the number of acres of the agricultural land by county and, if the owner is an agent, trustee or fiduciary of a foreign business, foreign government or foreign person, the name of any principal for whom that agricultural land was purchased or acquired. The registration shall be made not later than sixty (60) days after July 1, 2023 and shall be updated annually on or before March 31 of each year.
(d) A foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, who fails to register or timely register agricultural land as required by subsection (c) of this section shall be liable for a civil penalty of five thousand dollars ($5,000.00) for each day that the foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, is not in compliance with subsection (c) of this section.
(e) Each county clerk shall report to the secretary of state if a foreign entity, foreign government or foreign person, or any agent, trustee or fiduciary thereof, purchases or acquires agricultural land in the county in violation of this section or if the clerk suspects that agricultural land was purchased or acquired in the county by a foreign entity, foreign government or foreign person.
(f) The secretary of state shall report any violation of this section to the attorney general if the secretary of state finds that a foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, has acquired or holds title to or an interest in agricultural land in Wyoming in violation of this section or has failed to register as required by this section. The attorney general may take any action necessary to enforce the provisions of this section, including initiating an action in the district court of any county in which the agricultural land is located.
Section 2. W.S. 39‑13‑103(b)(viii) and 39‑13‑107(b)(i)(C) are amended to read:
39‑13‑103. Imposition.
(b) Basis of tax. The following shall apply:
(viii) Every assessment schedule sent to a taxpayer shall contain the property's estimated fair market value for the current and previous year, or, productive value in the case of agricultural property. The schedule shall also contain the assessment ratio as provided by paragraph (b)(iii) of this section for the taxable property, the amount of taxes assessed on the taxable property from the previous year, and an estimate of the taxes which will be due and payable for the current year based on the previous year's mill levies. The schedule shall also contain information stating that foreign ownership of agricultural land in Wyoming is prohibited and describing the requirement to register foreign ownership of agricultural land with the secretary of state as provided by W.S. 34‑15‑104. The schedule shall contain a statement of the process to contest assessments as prescribed by W.S. 39‑13‑109(b)(i);
39‑13‑107. Compliance; collection procedures.
(b) The following provisions shall apply to the payment of taxes, distraint of property and deferral:
(i) The following shall apply to the payment of taxes due:
(C) Annually, on or before October 10 the county treasurer shall send a written statement to each taxpayer by mail at his last known address or, if offered by the county and upon request of the taxpayer, by electronic transmission of the total tax due, itemized as to property description, assessed value and mill levies. The notice shall contain information, including contact information, of any property tax relief program authorized by state law. The notice shall contain information stating that foreign ownership of agricultural land in Wyoming is prohibited and describing the requirement to register foreign ownership of agricultural land with the secretary of state as provided by W.S. 34‑15‑104. Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due;
Section 3. Except as provided in W.S. 34‑15‑104(b), as created by section 1 of this act, nothing in this act shall be construed to divest, extinguish or sever any interest in or claim to agricultural land in Wyoming.
Section 4. The secretary of state shall promulgate all rules necessary to implement the provisions of this act.
Section 5. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
January 9, 2023
Montana's far right legislators have also formed their own Freedom Caucus.
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