The 2024 Election, Part XXII. The Populist Party v. The Democrats and the Co-opting of American Populism. The sic transit gloria mundi et reductio ad absurdum edition. Hawk tuah.

Friends, Romans, countrymen, lend me your ears.

I have come to bury Caesar, not to praise him.

The evil that men do lives after them;

The good is oft interrèd with their bones.

Shakespeare, Julius Caesar.

July 17, 2024

The Republican National Convention is into day three as of the time of this writing.  It's a populist party now, and as others have been pointing out, it's shedding values, as all populist movements do, as rapidly as it once claimed them.

Populist movements are famously shallow, having no real political thesis behind them other than that the "will of the people" is right, because it must be.  For this reason, they're also nearly universally co opted in the end by other movements.  The American Populist movement of the late 19th Century was absorbed by the Progressive movement, which had a real thesis behind it.  American Populist who hadn't been absorbed by first the Republicans of the Theodore Roosevelt era or by Democrats following the rise of Woodrow Wilson, ended up various far left wing movement of the 20s and 30s, including American Socialism and Communism, which again had a deeper thesis.  The Communist road had already been laid for Populist in Russia, where populist movements against the Crown in the late 19th and early 20th Centuries ended up in revolution, with the revolution being co opted by the Bolsheviks, who again had a real thesis, and would absorb and destroy populism in their country.  In the German Weimar Republic street level populsits, and they're always street level, would gravitate towards the KDP and the NADSP, with the Nazi's, which had a heavily populist element which again was amazingly think, winning out in the end.  Post war debates on whether the Nazi Party was socialist or fascist miss the reality entirely, it was populist, making it the most successful populist party, in terms of gaining control of a major nation, of all times.

Because populism is shallow, in the end it only reflect the thin surface of a populace's culture, and often the worst elements of it, once it is allowed to establish itself.  German populism yielded to insane racial theories and hatred and worshipped with fanatical loyalty the German Volk in the form of a single man, Adolf Hitler.  Southern populism of the 20th Century had, as a claimed feature, a deep love of culture and Protestantism, but it also featured a profound prejudice against anyone who was not a white Protestant.

And so we've arrived at that point.

Donald Trump's rise was adopted by and backed by Christian Nationalist, who just held a convention within the last two weeks.  Open about their desire to establish the United States as an exclusively Christian (Protestant) nation, they've seen Trump as a Cyrus the Great who is their divinely appointed ally.  In the wake of last week's assassination attempt by a young registered Republican who, in numerous ways, demonstrated that he didn't know diddly about marksmanship, rank and file and more elite members of the movement have declared that Trump was saved by Devine Providence.

That may in fact be true, but it's worth remembering that Adolf Hitler was the target of 42 known assassination plots, more than one of which went right to the edge of success.  It's also worth remembering that God does in fact work in mysterious ways, and God's acts don't necessarily corelate with human desires, and life may in fact be preserved for reasons we don't really grasp, but which do not necessarily equal our political goals.

At any rate, the Republican Convention in fact with numerous prayers offered by Christian clerics, including Catholic ones, who should be cautious about Christian Nationalism.  But it's worth noting that it also opened by a prayer from a conservative Sikh female lawyer.  I'm not saying that's not admirable, but the hardcore Protestant backers of a man who last year said that he would keep out of the country people who did not adhere to "our religion" are now scrambling to suggest that this isn't contrary to their view.

And beyond that, an opening speaker was one Amber Rose, about whom I know nothing other than that she has a pornographic past and present, and who does not seem to stand for anything that MAGA populist claim to is revealing.  Essentially, she evokes the very type of "wokeism" that actually did give rise to the movement in significant ways, as people instinctively reacted to what they knew to be contrary to common sense and morality.

The point, therefore, at which a populist movement is absorbed into something else has been reached.  The "conservative" element of populism has been boiled out.  Now the Republican Party and the Populist movement stands for one thing only, Donald Trump.  Almost anything that a person thinks Trump stands for is now suspect in additional.  We already know, for example, a movement which was deeply opposed to abortion in a party that had been deeply opposed to abortion, has abandoned that plank, as Trump is wishy washy on the whole thing.

Not that there weren't signs of this already.  

Nearly coincident with  the conference on Christian Nationalism, the "Hawk tuah Girl" rose to temporary fame regarding her TikTok interview on engaging in fellatio.  Deeply antithetical to Christian morality, she showed up shortly thereafter featured in Daisy Duke's al la Playboy helicopter scene from Apocalypse Now.  This past week, as already noted, the RNC gave a prime speaking slot to a pro-abortion feminist and self-proclaimed slut whose claim to fame is having sex with rappers.  It turns out, accordingly, that lots of rank and file MAGA adherents don't really have a concern for traditional morality, indeed, they're okay with immorality as long as its fairly conventional, or in the case of same sex marriage, with Don Jr. claims Don Sr. has always been in favor of, in spite of what he said post Obergefell, it's become conventional as our memories only stretch back to last week.

Hawk tuah.

Well, this isn't that surprising.  Much of the "Christian" and "moral" nature of the current populist was paper thin.  Donald Trump is a serial polygamist who took rides on the Lolita Express.  Lots of ardent populists saluting Christian Nationalism have long ignored Matthew 19:9.

Sic transit gloria mundi et reductio ad absurdum.

cont:

Influential California Congressman Adam Schiff called upon President Biden to drop out of the Presidential race.

Now that people are pass the immediate shock of the assassination attempt on  Trump last week, the topic of Biden's fitness for the race is reviving.

Trump complained within the last day that Taiwan should be paying the US for the US efforts to defend it against Communist China.

cont:

Florida Group Influences Wyoming Election, ESG Rules With Chuck Gray’s Help

July 18, 2024

Reports hold that Chuck Schumer has privately told Joe Biden he should drop out.

Biden is in COVID isolation right now.

cont:

It now appears relatively certain that Joe Biden will in fact drop out of the race.

July 19, 2024

Donald Trump's acceptance speech yesterday at the Republican Convention was apparently 90 minutes long.  One news outlet has claimed it was the longest acceptance speech ever.  The prior record was one that he set the last time he was nominated.

AoC has gone on record being upset about efforts to remove Joe Biden, and is warning that people will want to remove Kamala Harris from the ticket as well.

I certainly hope they do.

July 20, 2024

And now for something completely different.

Monty Python.

The Trib reported that House candidate and Senatorial candidate Helling spoke in Casper at a "Politics in the Park" event.  Neither man stands a chance of unseating incumbent Harriet Hageman or John Barrasso.

Helling apparently spoke on keeping Wyoming nuclear free, demonstrating that not only is he deluded about his chances of replacing Hageman, but deluded on the need to find replacements for the current coal fired power plants as well.  Indeed, he's deluded about nuclear energy, about which nothing is particularly dangerous, in context.

It wasn't clear what Holtz is for, but it is clear that Wyomingites aren't going to elect an ancient retired jurist to replace a sitting Senator.

It's not that challenges could not be mounted, although they'd be unlikely to succeed.  Barasso does face a serious challenger from his right.  It's just that these two campaigns are, well, of the gadfly variety.

Following the Teamster's head speaking at the Republican National Convention, a challenger has announced for his seat.

July 21, 2024

And now, Biden has dropped out, and endorsed Harris.

This had been coming for weeks, and probably took longer than it should have.

Oh, and as Robert Reich has pointed out, Donald Trump is the oldest person to have ever been nominated for a party's candidate for Presidency.

He's old.

Would that the same scrutiny be now applied to him.

Last edition:

The 2024 Election, Part XXI. The Refusal to Face Reality Edition.

Labels: 2020s, 2024, 2024 Election, Abortion, Christian Nationalism, Donald Trump, George F. Will, Joseph Biden, Protestant, religion, Robert Reich, The Law of Unintended Consequences

Is anyone else reminded of the Simpson's?

Now they'll say all these stories are terrible. Well, these stories have, you know, you heard my story in the boat with the shark, right? I got killed on that. They thought I was rambling. I'm not rambling. We can't get the boat to float. The battery is so heavy. So then I start talking about asking questions. You know, I have an, I had an uncle who was a great professor at MIT for many years, long, I think the longest tenure ever. Very smart, had three different degrees and you know, so I have an aptitude for things. You know, there is such a thing as an aptitude. I said, well, what would happen if this boat is so heavy and started to sink and you're on the top of the boat. Do you get electrocuted or not? In other words, the boat is going down and you're on the top, will the electric currents flow through the water and wipe you out? And let's say there's a shark about 10 yards over there. Would I have to immediately abandon or could I ride the electric down and he said, sir, nobody's ever asked us that question. But sir, I don't know. I said, well, I want to know because I guarantee you one thing, I don't care what happens. I'm staying with the electric, I'm not getting over with it. So I tell that story. And the fake news they go, he told this crazy story with electric. It's actually not crazy. It's sort of a smart story, right? Sort of like, you know, it's like the snake, it's a smart when you, you figure what you're leaving in, right? You're bringing it in the, you know, the snake, right? The snake and the snake. I tell that and they do the same thing

 Donald Trump at the Faith and Freedom Conference.

 

Grampa : We can't bust heads like we used to. But we have our ways. One trick is to tell stories that don't go anywhere. Like the time I caught the ferry to Shelbyville? I needed a new heel for m'shoe. So I decided to go to Morganville, which is what they called Shelbyville in those days. So I tied an onion to my belt, which was the style at the time. Now, to take the ferry cost a nickel, and in those days, nickels had pictures of bumblebees on 'em. "Gimme five bees for a quarter," you'd say. Now where were we? Oh, yeah. The important thing was that I had an onion on my belt, which was the style at the time. They didn't have any white onions, because of the war. The only thing you could get was those big yellow ones...

The Simpsons.

Seriously, asking about Trump's cognitive state is a legitimate thing to do.

The 2024 Election, Part VII. Drama

September 23, 1923.

Probably not the right place to put it, but it seems to fit into an election atmosphere everywhere that's a bit over the top.

Casper's mayor has resigned after having been accused of physically assaulting his wife in Texas. In resigning, he stated.

It is readily apparent to me that the City Council has abandoned me, band members who I have worked with for a number of years, have ended their relationship with me and it is apparent to me that every effort is being made to destroy me to the public.

Well, after photographs were run of his wife with a major scar suture on her head, no matter what happened, it'd be in the press.  Perhaps the surprising thing this year is that it turned out to matter, given that so little otherwise seems to in regard to public conduct.

We will note that he's disputing her allegations, stating that she was intoxicated and fell.

He'd been in the press with comments a fair amount, including this recently:

Challenging airport funding and looking at subsidization of transportation in a different light.

I didn't note it there, but he's a pilot himself and did a crash landing not all that long ago.

Now about the ongoing races:

President.

Democrats:

Joe Biden; the incumbent.  

Marianne Williamson.

Robert F. Kennedy, Jr.  

Republicans.

Donald Trump. 

Nikki Haley

Vivek Ramaswamy.  

Perry Johnson,

Larry Elder 

Asa Hutchinson. 

Tim Scott.

Ron DeSantis

Chris Christie

Mike Pence.

Doug Burgum

Will Hurd 

Steve Laffey 

Ryan Binkley 

Green Party

Cornel West.  

American Solidarity Party

Peter Sonski  

U.S. Senate

Republicans

John Barrasso, maybe?

The long serving Senator has not announced if he's running or not.  Right now, because it's pretty obvious that Mitch McConnell is headed on to the next realm, he stands to potentially be Senate Majority Leader.

Reid Rasner.

Rasner has announced and is running essentially as a far right populist.  If Barrasso stays in, his campaign will be forgotten within days of the primary election.

September 25, 2023

Former President Trump's comments are getting increasingly extreme, even unhinged.

He's now openly threatening the Press.  The scary part here is that his supporters will fall right in line with this.

September 27, 2023

A New York court has determined, in a partial ruling in a case, that Donald Trump committed fraud in the process of building his real estate empire, apparently by misrepresenting his assets.  The ruling does not determine damages.

Joe Biden joined UAW picketers yesterday.

September 29, 2023

Some members of the Converse County GOP wish to censure Rep. Forrest Chadwick, whose districts straddles Natrona and Converse Counties.  Included in their proposed censure is "failed to vote in a manner that has any semblance to the oath that he made to God to ‘support, obey and defend the Constitution’ or any semblance to the Wyoming Republican Party Platform.”

I'm not certain at all that the oath legislators take is a divine one.  They take an oath, but I don't think it's in that context.

Ironically, moreover, many of the populist far right, including in Wyoming, have been supporting sedition, at least in their statements, which is clearly violative of their oaths if they're in office, as it amounts to subverting the U.S. Constitution.  Lying, in the Catholic view, with Catholicism being an Apostolic and therefore an original branch of Christianity (and given Apostolic succession, the original branch) is regarded as a grave sin in some circumstances, which does invoke a person's relationship with the Divine, but not for the same reason.  Here too, however, the far right position is rather ironic, given what is just noted above.

WyoRino, which recently failed to make an appearance at a Natrona County debate, is mentioned by name.

The effort appears to be tied to his vote against the Life is a Human Right Act as he thought it was unconstitutional and his vote for the budget in the last session.  A person could be upset about either of these (although It's hard to grasp being upset about a necessary budget), but that doesn't amount to a violation of his oath of office.

October 3, 2023

I know nothing about Butler, and she may be supremely qualified, but its hard not to assume there's a fair amount of box checking going on in the selection, something that Democratic politicians are particularly likely to do. Butler is black, fulfilling a Newsom promise, and she's gay, making her the first black openly gay U.S. Senator. Should that matter?  No, but its statistically improbable while also fulfilling promises to one major Democratic demographic and also satisfying, maybe, the desires of another.

John Kelly, a former adviser to Donald Trump, slammed his former boss in a CNN interview, stating:

What can I add that has not already been said? A person that thinks those who defend their country in uniform, or are shot down or seriously wounded in combat, or spend years being tortured as POWs are all ‘suckers’ because ‘there is nothing in it for them.’ A person that did not want to be seen in the presence of military amputees because ‘it doesn’t look good for me.’ A person who demonstrated open contempt for a Gold Star family – for all Gold Star families – on TV during the 2016 campaign, and rants that our most precious heroes who gave their lives in America’s defense are ‘losers’ and wouldn’t visit their graves in France.

A person who is not truthful regarding his position on the protection of unborn life, on women, on minorities, on evangelical Christians, on Jews, on working men and women. A person that has no idea what America stands for and has no idea what America is all about. A person who cavalierly suggests that a selfless warrior who has served his country for 40 years in peacetime and war should lose his life for treason – in expectation that someone will take action. A person who admires autocrats and murderous dictators. A person that has nothing but contempt for our democratic institutions, our Constitution, and the rule of law.

There is nothing more that can be said. God help us.

October 4, 2023

The Trump campaign, in what should be regarded as an expression of concern, is calling on the GOP debates to end, so all resources can be focused on defeating Joe Biden.

A plea to end attention to other candidates, even though they have not touched him so far, demonstrates that something is causing concern in the Trump camp.

October 6, 2023

Cornell West, who may get as many as 5 or 6 votes next November, has ditched the Green Party in favor of running an independent campaign in hopes of actually getting on the ballot in various states.

This is his third switch this season.

West is a figure who fascinates American leftist and is otherwise wholly unknown to the American public.

October 8, 2023

Steve Laffey, a long shot candidate for the Oval Office on the GOP ticket has dropped out of the race and dropped out, as well, from the Republican Party. He called the GOP "dead".

October 9, 2023

Robert F. Kennedy is now running as an independent.

cont:

Will Hurd has backed out and endorsed Nikki Haley.

October 11, 2023

Far right populist Kari Lake has announced a bid for an Arizona Senate seat.  She will run against independent incumbent Kyrsten Sinema, the Senates most photogenic member, and Arizona Democratic Congressman Ruben Gallego. This assuming, of course, that Sinema runs.

October 12, 2023

Cenk Uygur, a media personality, has announced his candidacy for the Democratic ticket for the Oval Office.

As he was born in Turkey, he's not eligible to be President.

Trump, in a recent interview, stated, regarding Benjamin Netanyahu, the following:

He was not prepared. He was not prepared and Israel was not prepared. And under Trump, they wouldn't have had to be prepared.

Why doesn't it occur to Trump supporters how deeply weird statements like that are? 

October 17, 2023

Wyoming Senator John Barrasso has endorsed Kari Lake for Senator from Arizona.

This is politics, of course, but it really shows how far people are willing to go for no other reasons other than politics.  Lake is an extremist.  The calculation probably is that she might win, and you'd want her to owe you some favors.

October 25, 2023

The absurd flap on which Democratic primary will occur first means that Biden might not appear on the New Hampshire primary ballot.

October 27, 2023

Larry Elder has dropped out of the Republican race.

cont:

Minnesota Congressman Dean Phillips announced that he is running for President on the Democratic ticket and that he will seek to appear on the New Hampshire ballot.

October 28, 2023

Mike Pence has dropped out.

From here on out, with Pence breaking the dam, candidates will start dropping out of the GOP race. Pretty soon, it will be Christie against Trump.  

While it expresses a minority view, my guess is that as Trump looks more and more childish and faces more and more criminal problems, Christie will gain.

For the second time, it should be noted, Pence has done something for the good of the nation.

October 30, 2023

Arguments commenced today in a Colorado suit on whether Trump's role in the January 2020 insurrection bars him from seeking office.

The Minnesota Supreme Court hears arguments on the same topic later this week.

If Trump loses either of these cases, this issue will be on its way to the Supreme Court, but perhaps not be heard until quite near the 2024 election.

Last prior edition:

The 2024 Election, Part VI. The 14th Amendment Edition.

Related threads:

Random snippets. Another thing that Biden will oddly not get any credit for.

Blog Mirror: Office Hours: Will the Republicans’ effort to impeach Biden cause a backlash against the GOP? Kevin McCarthy’s job is far more imperiled than Joe Biden’s

 

Office Hours: Will the Republicans’ effort to impeach Biden cause a backlash against the GOP?

Kevin McCarthy’s job is far more imperiled than Joe Biden’s

Related threads:

Cliffnotes of the Zeitgeist. 47th Edition. Circus Maximus

Cliffnotes of the Zeitgeist. 47th Edition. Circus Maximus

The Circus Maximus today.

September 14, 2023.

Ring Master, Kevin McCarthy, is expected to endorse an impeachment inquiry into President Joe Biden.

Soon we'll have a government shutdown as well.

Let's be clear, Congress is no longer functioning.  I don't mean there are problems, it's dysfunctional.  

The country cannot continue this way. Those taking "stands on principal" are wrecking the county.

These actions are merely red meat for the dogs.  They cannot pass, which means those proposing them are either lying to the public, or lying to themselves. 

Lying is a sin, and in Catholic theology lying about serious matters is a serious sin.

Last prior edition:

Cliffnotes of the Zeitgeist. 46th Edition. Fatigue.

Donald Trump promises to fight for direct election of school principals, bringing up this question. Can the election get any stupider?

Unfortunately, it probably can.

Anyhow, this is a really dumb idea.

We don't have direct elections of the President in this country. . . and so now we're worried about the school prinicpals?

A Modern Plague

 

American Solidarity Party 

@AmSolidarity

MindGeek, the parent company behind several of the world's biggest porn sites, was just acquired by a private equity firm called Ethical Capital Partners. We'll let you guys draw your own conclusions from this one.

Blog Mirror: George F. Will: Woke word-policing is now beyond satire

 

George F. Will: Woke word-policing is now beyond satire

The 2023 Wyoming Legislative Session. End of the first full week, beginning of the next. (Vol 3).

January 20, 2023

Not too surprisingly, given the flood of bills, we're on to the second installment for the actual session.

Not on the topic of the legislature, but of note:

Governor Gordon Tests Positive for COVID-19

CHEYENNE, Wyo. –  Governor Mark Gordon has received results of a COVID-19 test that showed he is positive for the virus. The Governor is experiencing only minor symptoms at this time and will continue working from home on behalf of Wyoming.

January 21, 2023

Representative Ward testified in favor of her own bill to dictate what business owners can do on their own private property in regard to masks claiming she was "prioritizing the right of the individual over the businesses", i.e., cramming down her view of rights over an established individual right.

The bill moved to the floor but the penalties for violating it were removed and the ignorant provision that would have attacked childhood immunization was also removed.  It only advanced by a single vote.

Ward repeated her story about not being able to believe that mask restrictions existed in Wyoming in 2022. Some speakers noted that the state will lose millions of dollars in Federal funds if the bill becomes law.

Speaking of money, the bill funding school facilities passed the House.

The bill putting a lower age on marriage passed the House.

The bill addressing retirement for state park rangers passed the House.

House Bill 73 on annexation vote requirements passed the House.

SF 143 was introduced to provide a scholarship to private schools.

Why, exactly, the state needs to subsidize attendance at private schools is not apparent.  The bill had widespread introductory support and I expect it to pass, which will mean that a state that's already struggling to fund its public schools will be paying parents to send their kids to someplace else, albeit in a small fashion.

A second bill on child gender mutilation was introduced.  It reads:

2023

STATE OF WYOMING

23LSO-0661

SENATE FILE NO. SF0144

Chloe's law-children gender change prohibition.

Sponsored by: Senator(s) Bouchard, French, Hutchings, Ide, Laursen, D and McKeown and Representative(s) Heiner, Hornok and Winter

A BILL

for

AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's license; prohibiting insurance coverage for children for gender transitioning and reassignment procedures; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.

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

Section 1.  W.S. 26‑20‑901 and 35‑4‑1001 are created to read:

ARTICLE 9

COVERAGE FOR GENDER‑RELATED PROCEDURES

26‑20‑901.  Health insurance; coverage of gender transition and reassignment procedures prohibited.

No individual or group health insurance policy providing coverage on an expense incurred basis, individual or group service or indemnity type contract issued by any insurer including any nonprofit corporation or individual or group service contract issued by a health maintenance organization or delivered on or after July 1, 2023 shall include coverage for any gender transitioning or gender reassignment procedure provided to or performed upon a child that is prohibited by W.S. 35‑4‑1001.

ARTICLE 10

GENDER‑RELATED PROCEDURES

35‑4‑1001.  Gender transitioning and reassignment procedures for children prohibited.

(a)  As used in this section:

(i)  "Child" means a person who is younger than eighteen (18) years of age;

(ii)  "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession;

(iii)  "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.

(b)  For purposes of transitioning a child's biological sex as determined by the sex organs and except as provided by subsection (c) of this section, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall:

(i)  Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;

(ii)  Perform a mastectomy;

(iii)  Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility:

(A)  Puberty suppression or blocking prescription drugs to stop or delay normal puberty;

(B)  Supraphysiologic doses of testosterone to females;

(C)  Supraphysiologic doses of estrogen to males.

(iv)  Remove any otherwise healthy or non‑diseased body part or tissue.

(c)  Subsection (b) of this section shall not apply to procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue.

Section 2.  W.S. 33‑24‑122(a)(intro), (ix) and by creating a new paragraph (xi) and 33‑26‑402(a) by creating a new paragraph (xxxvi) are amended to read:

33‑24‑122.  Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.

(a)  The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any one (1) or more of the following causes:

(ix)  For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol; or

(xi)  For violating W.S. 35‑4‑1001.

33‑26‑402.  Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action.

(a)  The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:

(xxxvi)  Violating W.S. 35‑4‑1001.

Section 3.

(a)  This act shall apply to all insurance policies delivered or issued for delivery in this state on and after July 1, 2023.

(b)  W.S. 35‑4‑1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.

Section 4.  The insurance commissioner, department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act.

Section 5.  

(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2023.

(b) Sections 4 and 5 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.

As often oddly happens, a bill that failed is back, that being SJ 4, the silly resolution banning electric vehicle sales. 

January 25, 2023

More new bills.

Let's look first at the House.

HB 223.  This bill is a "good Samaratin" bill for rendering aid to a police dog.

1‑1‑120.  Persons rendering emergency assistance exempt from civil liability.

(d)  No emergency medical services provider who in the performance of their duties and in good faith renders emergency first aid to an injured police dog shall be held personally liable for any damages occurring as a result of rendering such aid or services or as a result of transporting a police dog to a veterinary care facility, nor shall they be held personally liable to a veterinary care facility for its expenses if, under emergency conditions, they cause the admission of a police dog to the veterinary care facility.

HB 240.  This would allow for the initiative and referendum process to be used for budget appropriations.

(b)  The people may make appropriations by initiative. Upon the enactment of an initiative that makes an appropriation, the legislature shall appropriately assign the appropriation in the immediately following legislative session. The legislature's failure to assign an appropriation shall be subject to judicial review.

HB246 would adopt year around Mountain Standard Time in the state.

HOUSE BILL NO. HB0246

Mountain standard time-2.

Sponsored by: Representative(s) Ottman, Davis, Heiner, Hornok, Tarver, Trujillo and Winter and Senator(s) Schuler

A BILL

for

AN ACT relating to legal time; requiring the state to observe a time zone as specified; establishing a new uniform state time; repealing provisions; specifying a contingency; and providing for effective dates.

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

Section 1.  W.S. 8‑4‑116 is created to read:

8‑4‑116.  Mountain standard time.

(a)  The year round observed time of the state of Wyoming and all of the state's political subdivisions is mountain standard time. Wyoming exempts all areas of the state from mountain daylight time.

(b)  As used in this section:

(i)  "Mountain daylight time" means the period during a year when mountain standard time is advanced one (1) hour in accordance with 15 U.S.C. § 260a;

(ii)  "Mountain standard time" means the observed time assigned to the fourth time zone in 15 U.S.C. § 261.

Section 2.  2020 Wyoming Session Laws, Chapter 134 is repealed.

Section 3.  W.S. 8‑4‑115 is repealed.

Section 4.

(a)  Except as provided in subsection (b) of this section, this act is effective November 5, 2023.

(b)  Sections 2 through 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.

HB247. This bill eliminates the provision that allows a person to abandon the meat of a trophy game animal.

In other words, mountain lion, it's what's for dinner!

HB250 would outlaw "Red Flag Act", i.e. the temporary suspension of a person's rights to keep firearms if they are a perceived public threat.

HB202 would provide for scholorships for students wanting to be commercial pilots.

HOUSE BILL NO. HB0202

Pilot student loan payments.

Sponsored by: Representative(s) Walters, Northrup, Sherwood, Sommers and Western and Senator(s) Gierau and Landen

A BILL

for

AN ACT relating to education; providing financial assistance to students obtaining commercial pilot certificates; requiring pilots licensed under this act to fly commercially as specified or repay funds expended by the state; requiring students to satisfy a residency requirement to qualify for the program; allowing the community college commission to forgive student debt where undue hardship exists; requiring reports; providing an appropriation; requiring rulemaking; and providing for effective dates.

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

Section 1.  W.S. 21‑18‑227 is created to read:

21‑18‑227.  Wyoming airline pilot loan repayment program; eligibility criteria; procedures; program reporting.

(a)  The Wyoming airline pilot loan repayment program is created to be administered by the Wyoming community college commission established under W.S. 21‑18‑201. Applicants shall have a Wyoming residence, as defined in W.S. 22‑1‑102(a)(xxx), or shall be graduates of a Wyoming high school and may apply for loans from the program in accordance with this section.

(b)  To qualify for a loan under this section, the applicant shall:

(i)  Be enrolled in good standing in a program at a Wyoming community college for the purpose of receiving an aviation or related degree and a commercial pilot certificate;

(ii)  Intend to obtain an airline transport pilot certification; and

(iii)  Apply for federal financial assistance.

(c)  Subject to the availability of funds appropriated for this program, loans under this section may be granted to qualified applicants to pay the cost of attendance for the aviation or related program and the commercial pilot certificate specified under paragraph (b)(i) of this section.

(d)  A loan provided under this section shall not exceed the cost of tuition fees for the approved program and the cost of earning the commercial pilot certificate, reduced by the amount of any Pell or other federal grant and any employer based financial assistance received by the applicant.

(e)  A recipient of a loan under this section may repay the loan without cash payment by earning an airline transport pilot certification and actively engaging in commercial aviation as an airline transport pilot employed by an airline that regularly flies into airports within Wyoming for three (3) years.

(f)  Any recipient of a loan under this section who fails to:

(i)  Complete the academic program for which the loan was provided shall commence cash repayment of the loan no later than forty‑five (45) days after the recipient leaves the academic program;

(ii)  Obtain employment in the targeted occupation specified in subsection (e) of this section within two hundred forty (240) days after successfully obtaining the airline transport pilot certification, shall commence cash repayment of the loan within two hundred eighty‑five (285) days after successfully obtaining the airline transport pilot certification;

(iii)  Obtain the airline transport pilot certification within two and one‑half (2 1/2) years after completion of the aviation or related program and commercial pilot certificate shall commence cash repayment of the loan.

(g)  Loan repayment options under this section may be deferred for a period not to exceed five (5) years while a loan recipient is serving on full‑time active duty with any branch of the military services of the United States.

(h)  The Wyoming community college commission shall have the powers and duties specified under W.S. 21‑18‑202(c) to implement this section and shall establish terms and conditions of loans issued under this section, including:

(i)  Interest rates and loan terms;

(ii)  The form and process for loan application, review and award;

(iii)  Criteria under which students may be relieved from having to repay loans and interest thereon, in whole or in part, where the requirement to repay would cause undue hardship;

(iv)  Criteria for determining the cost of attendance as used in establishing the loan amount for aviation or related programs and commercial pilot certificates based upon each semester or summer school session of full or part‑time program attendance.

(j)  Funding of the loan program established under this section shall be by appropriation of the legislature. The community college commission shall transfer approved loan amounts to the appropriate Wyoming community college.

(k)  Cash repayment of loans and interest thereon shall be credited to the general fund.

(m)  The community college commission shall annually review the loan program established under this section and report to the governor and the legislature in accordance with W.S. 9‑2‑1014 regarding program results, funds received and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program. 

(n)  Any person who receives a loan under this section shall continue to receive funding for the program as the person remains eligible as required by this section.

(o)  Repayment of loans provided under this section shall continue as specified by this section until all loan obligations have been satisfied.

Section 2.  There is appropriated one million five hundred thousand dollars ($1,500,000.00) from the general fund to the Wyoming community college commission for purposes of providing loans for students seeking aviation related degrees and commercial pilot certificates under W.S. 21‑18‑227 as created by section 1 of this act for the period beginning July 1, 2023 and ending June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2026 shall revert as provided by law. It is the intent of the legislature that an appropriation to fund the student loans authorized by this act be included in the community college commission's standard budget request for the 2027‑2028 fiscal biennium.

Section 3.  The community college commission shall promulgate all rules necessary to implement this act.

Section 4.  

(a)  Except as otherwise provided by 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.

HB 204 would regulate the length of trains.

 HOUSE BILL NO. HB0204

Allowable train lengths.

Sponsored by: Representative(s) Chestek, Berger and Newsome and Senator(s) Gierau and Rothfuss

A BILL

for

AN ACT relating to public utilities; requiring trains to be not more than a specified length; providing operational requirements; providing a civil penalty; providing definitions; and providing for an effective date.

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

Section 1.  W.S. 37‑9‑1401 and 37‑9‑1402 are created to read:

ARTICLE 14

RAILROAD TRAINS

37‑9‑1401.  Definitions.

(a)  As used in this article:

(i)  "Branch line" means a secondary railroad track that branches off from a main line;

(ii)  "Director" means the director of the department of transportation;

(iii)  "Mainline" means a class I railroad as documented in current timetables filed by the class I railroad with the federal railroad administration under 49 C.F.R. 217.7 when the railroad has five million (5,000,000) or more gross tons of railroad traffic transported annually;

(iv)  "Railroad" means any form of non‑highway ground transportation that runs on rails or electromagnetic guideways;

(v)  "Train" means one or more locomotives, coupled with or without cars, that require an air brake test in accordance with 49 C.F.R. part 232 or part 238;

(vi)  "Siding" or "passing track"  means a sidetrack with switches at both ends.

37‑9‑1402.  Train length; penalties.

(a)  In addition to other administrative or criminal remedies authorized by law, the director, after notice and opportunity for hearing, shall assess a civil penalty against a railroad company, corporation or employer as provided in this section.

(b)  No railroad company operating in the state of Wyoming shall run or permit to be run any train that exceeds eight thousand five hundred (8,500) feet in length or exceeds the length of the shortest passing track or siding on which it travels on any mainline or branch line, or that routinely or repeatedly blocks any intersection for periods exceeding ten (10) minutes at one (1) time.

(c)  Except as provided in subsection (d) any railroad company who willfully violates subsection (b) of this section shall be subject to a civil penalty in an amount not less than five hundred dollars ($500.00) per foot nor more than one thousand dollars ($1,000.00) per foot of the amount of a train exceeding the limitation set forth in subsection (a) of this section.

(d)  Any railroad company who commits a grossly negligent violation or who has a pattern of repeated violations of subsection (b) of this section which violation caused an imminent threat of death or injury to another person or that caused death or injury to another person shall be subject to a one (1) time fine not to exceed two hundred fifty thousand dollars ($250,000.00).

(e)  In determining the amount of any civil penalty under this section the director shall consider:

(i)  The nature, circumstances, extent and gravity of the violation;

(ii)  The degree of culpability, history of violations, ability to pay and any effect on the violator's ability to continue to do business;

(iii)  Any other matters that justice requires.

(f)  At the request of the director, the attorney general may initiate a civil action to collect any civil penalty imposed pursuant to this section. The attorney general may bring a civil action in any court of competent jurisdiction. A civil action under this section shall be commenced within three (3) years of the date of the violation or within three (3) years of the latest violation if a repeated offense is alleged.

(g)  Any civil penalty received under this section shall be deposited in the state highway fund.

Section 2.  This act is effective July 1, 2023.

HB 205 would ban teaching "critical race theory".

HB 217 changes the definition of "trophy game animal" to "large carnivore".  The point?  Semantics I guess. 

And now the Senate, where it was apparently firearms day.

SF 179 is a companion bill doing the same thing in the Senate on the above noted Red Flag Laws.

Senate File 149 would create a new class of "enhanced" concealed carry permits.

6‑8‑104.  Wearing or carrying concealed weapons; penalties; exceptions; permits.

(dd)  In addition to a permit otherwise authorized under this section, an applicant may apply for, and the attorney general is authorized to issue, an enhanced permit to carry a concealed firearm subject to the following:

(i)  In addition to meeting all other eligibility requirements for a permit under this section, an applicant for an enhanced permit shall present evidence that the applicant received training in the safe use of a firearm within one (1) year of the date of an original or renewal application. Training sufficient for purposes of this paragraph may be demonstrated by:

(A)  Employment as a peace officer in the state of Wyoming within the past one (1) year; or

(B)  Completion of a firearms safety or training course providing basic training in the safe use of a firearm and conducted by an instructor certified by the national rifle association or the Wyoming law enforcement academy.

(ii)  Firearm training required under paragraph (i) of this subsection shall include:

(A)  Instruction in the fundamentals of firearm use;

(B)  Successful completion of an actual shooting qualification exercise; and

(C)  Instruction in the fundamental legal aspects of firearm possession, carry and use, including self‑defense and the restrictions on the use of deadly force.

(iii)  All rights, duties and obligations imposed upon any person, or entity relating to a permit issued under this section shall apply to the enhanced permit authorized under this subsection except as otherwise specified by this subsection;

(iv)  No person under twenty‑one (21) years of age shall be eligible for an enhanced permit under this subsection;

(v)  Applications for a permit to carry a concealed firearm under this subsection shall be made available and distributed by the division of criminal investigation and local law enforcement agencies;

(vi)  Not later than July 1, 2023, the attorney general shall notify the relevant agency regulating the concealed carry of firearms in each state of the enhanced concealed carry permit available under this subsection and take any steps necessary to achieve permit reciprocity with states that have similar requirements for concealed carry permits to the requirements of an enhanced concealed carry permit under this subsection.

What are you going to do with that enhanced permit, you may ask? Well ask no further:

SENATE FILE NO. SF0150

Capitol carry.

Sponsored by: Senator(s) Kinskey, Anderson, Baldwin, Biteman, Boner, Dockstader, Hicks, Kolb and Schuler and Representative(s) Larsen, L, Olsen, Stith and Walters

A BILL

for

AN ACT relating to weapons; allowing for concealed carry on the grounds of the state capitol as specified; providing that a section is contingent upon passage of a separate bill;  and providing for effective dates.

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

Section 1.  W.S. 6‑8‑104(t)(intro) and by creating a new subsection (ee) is amended to read: 

6‑8‑104.  Wearing or carrying concealed weapons; penalties; exceptions; permits.

(t)  Except as otherwise provided in subsection (ee) of this section no person authorized to carry a concealed weapon pursuant to paragraphs (a)(ii) through (iv) of this section shall carry a concealed firearm into:

(ee)  Any person who possesses a valid enhanced concealed carry permit pursuant to subsection (dd) of this section may carry a concealed firearm on the grounds of the state capitol building, including the extension from the capitol building to and under the Herschler building, provided that:

(i)  Not less than twenty‑four (24) hours before first entering the state capitol building with a concealed firearm, the person shall notify the administrator of the Wyoming state highway patrol or his designee, orally or in writing, that the person intends to possess a concealed firearm in the state capitol building and the date on which, or the range of dates during which, the person intends to possess a concealed firearm in the state capitol building;

(ii)  After providing notice under paragraph (i) of this subsection the person may enter the areas of the state capitol building open to the public carrying a concealed firearm, including into any public meeting of the legislature or a legislative committee conducted in an area open to the public, but shall not enter into any area not open to the public while carrying a concealed firearm.

Section 2.  The state building commission and the management council of the legislature shall promulgate any rules necessary consistent with section 1 of this act not later than July 1, 2023.

Section 3.  This act shall be effective only if 2023 Senate File 0149 is enacted into law.

Section 4.  

(a)  Except as provided in section 3 of this act and subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)  Except as provided in section 3 of this act section 1 of this act is effective July 1, 2023.

SF135 would repeal government "gun free zones".

SF171 keeps financial information regarding firearms purchases secret. 

SF160 would allow the state to make I80 a toll road.

SF 180 would make decriminalize corner crossing.

SENATE FILE NO. SF0180

Corner crossing-trespass exception.

Sponsored by: Senator(s) Rothfuss and Gierau and Representative(s) Chestek, Provenza, Sherwood and Yin

A BILL

for

AN ACT relating to crimes and offenses; providing an exception to the offenses of criminal trespass and game and fish trespass regarding incidental contact associated with crossing two (2) adjacent parcels as specified; and providing for an effective date.

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

Section 1.  W.S. 6‑3‑303 by creating a new subsection (d) and 23‑3‑305(b) are amended to read:

6‑3‑303.  Criminal trespass; penalties.

(d)  For purposes of this section, a person does not commit criminal trespass if the person incidentally passes through the airspace or touches the land or premises of another person while the person is traveling from one (1) parcel of land that the person is authorized to access to another parcel of land that shares a common corner with or is immediately connected to the first parcel and that the person is authorized to access.

23‑3‑305.  Hunting from highway; entering enclosed property without permission; penalty; hunting at night without permission prohibited.

(b)  No person shall enter upon the private property of any person to 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, a person does not commit trespass under this subsection if the person incidentally passes through the airspace or touches the land or premises of another person while the person is traveling from one (1) parcel of land that the person is authorized to access to another parcel of land that shares a common corner with or is immediately connected to the first parcel and that the person is authorized to access.

Section 2.  This act is effective July 1, 2023.

As is probably obvious, that's a Democratic bill and will likely go nowhere in this legislature.

Here's an odd firearms one:

SENATE FILE NO. SF0182

Wyoming firearms research center oversight commission-2.

Sponsored by: Senator(s) Kolb and Salazar

A BILL

for

AN ACT relating to the University of Wyoming; creating the Wyoming firearms research center oversight commission; specifying membership and duties of the commission; providing appropriations; and providing for an effective date.

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

Section 1.  W.S. 21‑17‑127 is created to read:

21‑17‑127.  Wyoming firearms research center oversight commission created; membership; duties; compensation.  

(a)  The Wyoming firearms research center oversight commission is hereby created. The commission shall consist of eight (8) members appointed as follows:

(i)  One (1) legislative member selected by dual appointment of the president of the senate and the speaker of the house of representatives which member shall serve as an ex officio member of the commission;

(ii)  The remaining members of the commission shall be appointed by a majority vote of the governor, secretary of state, state treasurer, superintendent of public instruction and state auditor to include:

(A)  One (1) Wyoming resident from a hunting or sportsman's organization affiliated with Wyoming;

(B)  One (1) Wyoming resident from a recreational shooting organization affiliated with Wyoming;

(C)  One (1) Wyoming resident from an organization that supports the second amendment to the United States constitution and that is affiliated with Wyoming;

(D)  One (1) Wyoming resident employed by a firearms industry manufacturer located in Wyoming;

(E)  One (1) Wyoming resident employed by a firearms retail business located in Wyoming;

(F)  One (1) Wyoming resident employed as a law enforcement official in Wyoming;

(G)  One (1) Wyoming county attorney nominated by the Wyoming county attorneys association.

(b)  The appointments made under paragraph (a)(ii) of this section shall be confirmed by the senate. Appointed members shall serve three (3) year terms. The governor may remove any appointed member as provided by W.S. 9‑1‑202. Except for the legislative member, any vacancy occurring shall be filled by a majority vote of the five (5) statewide elected officials.

(c)  The commission, in conjunction with the University of Wyoming firearms research center, shall:

(i)  Review and provide oversight regarding the center's mission to become a scholarly center for firearms and firearms law, history, technology, social sciences, economic development and recreation. The commission shall provide recommendations to the center to ensure that the center focuses on and facilitates a meaningful and measurable impact on the firearms culture and traditions cherished by residents of Wyoming;

(ii)  Facilitate the development of formal agreements between the University of Wyoming firearms research center and Wyoming stakeholders;

(iii)  Make recommendations to the legislature regarding funding for the University of Wyoming firearms research center.

(d)  The commission shall be staffed by the governor's office.

(e)  The commission shall meet at least one (1) time per year.

(f)  Nonlegislative members of the commission shall receive no compensation, but shall be reimbursed at the same rate as state officers or employees under W.S. 9‑3‑102 and 9‑3‑103 for per diem and travel expenses incurred in the performance of their duties on the commission.

(g)  The legislative member of the commission shall receive salary and reimbursement for per diem and travel expenses incurred in the performance of their duties on the commission pursuant to W.S. 28‑5‑101.

Section 2.  

(a)  There is appropriated two thousand five hundred dollars ($2,500.00) from the general fund to the legislative service office for the period beginning with the effective date of this act and ending June 30, 2024 to be expended only on salary, per diem and mileage for the legislative member of the Wyoming firearms research center oversight commission for attendance at meetings of the commission. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2024.

(b)  There is appropriated seventeen thousand five hundred dollars ($17,500.00) from the general fund to the governor's office for the period beginning with the effective date of this act and ending June 30, 2024 to be expended only on per diem and mileage for the nonlegislative members of the Wyoming firearms research center oversight commission for attendance at meetings of the commission. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2024.

Section 3.  This act is effective July 1, 2023.

UW just announced it was going to have a firearms research program, and I'd take it that the legislature doesn't trust UW on this, and therefore wants some "oversight". 

SF169 would create a state shooting complex.

SENATE FILE NO. SF0169

State shooting complex task force.

Sponsored by: Senator(s) Hicks, Kinskey, Kolb and Salazar and Representative(s) Burkhart, Chadwick, Haroldson, Larson, JT, Niemiec, O'Hearn, Washut, Western and Wylie

A BILL

for

AN ACT relating to the administration of government; creating the state shooting complex development and oversight task force; providing duties of the task force; requiring reports; creating the state shooting complex account; providing appropriations; and providing for an effective date.

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

Section 1.  

(a)  There is created the state shooting complex development and oversight task force to consist of the following members:

(i)  The governor or his designee;

(ii)  The director of the Wyoming game and fish department or his designee;

(iii)  The director of the department of state parks and cultural resources or his designee;

(iv)  The director of the department of tourism or his designee;

(v)  Two (2) members representing firearm, archery or firearm accessory manufacturing companies in Wyoming, appointed by the governor;

(vi)  One (1) member of the public representing a shooting sports organization that has representation in Wyoming, appointed by the governor;

(vii)  One (1) member of the public representing a hunting or wildlife conservation organization that is headquartered in Wyoming or that has an active chapter in Wyoming, appointed by the governor;

(viii)  Two (2) members of the Wyoming house of representatives, appointed by the speaker of the house. The speaker of the house shall designate a co‑chairman of the task force;

(ix)  Two (2) members of the Wyoming senate, appointed by the president of the senate. The president of the senate shall designate a co‑chairman of the task force.

(b)  Any vacancy in the task force shall be filled in the same manner as members are appointed under subsection (a) of this section.

(c)  The task force shall:

(i)  Develop a framework for the selection of a location for the Wyoming state shooting complex;

(ii)  Review other shooting facilities in the region and develop preliminary specifications, plans and features for the Wyoming state shooting complex;

(iii)  Develop a request for proposals so that local governments, private sector entities or a combination of both may submit proposals to be considered for the location of the Wyoming state shooting complex;

(iv)  Make recommendations for the development, location and administrative structure of the Wyoming state shooting complex to the governor, the joint appropriations committee and the joint travel, recreation, wildlife and cultural resources interim committee.

(d)  Not later than October 1 of each year the task force shall report to the governor, the joint appropriations committee and the joint travel, recreation, wildlife and cultural resources interim committee on the activities of the task force under this section.

(e)  The legislative members of the task force shall receive compensation, per diem and travel expenses in the manner and amount prescribed by W.S. 28‑5‑101. Task force members who are not legislators and are not state employees shall receive the compensation, per diem and mileage paid to members of the Wyoming legislature under W.S. 28‑5‑101.

(f)  The task force shall be staffed by the legislative service office.

(g)  The task force shall terminate June 30, 2026.

Section 2.  

(a)  There is appropriated forty thousand dollars ($40,000.00) from the general fund to the governor's office to pay compensation, mileage and per diem for nonlegislative members of the task force. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026.

(b)  There is appropriated forty‑five thousand dollars ($45,000.00) from the general fund to the legislative service office to pay for salary, mileage and per diem of legislative members appointed to the task force. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026.

Section 3.  

(a)  There is appropriated the following amounts from any unexpended, unobligated funds in the following accounts to the state shooting complex account, which is hereby created:

(i)  Five million dollars ($5,000,000.00) ARPD;

(ii)  Two million five hundred thousand dollars ($2,500,000.00) from the Wyoming tourism reserve and projects account;

(iii)  Six hundred twenty‑five thousand dollars ($625,000.00) from the game and fish fund. This amount is intended as the required match to obtain federal Pittman‑Robertson funds or other federal funds to the extent federal funds are available for a Wyoming state shooting complex. This appropriation is conditioned upon a match of funds in the ratio of one dollar ($1.00) of appropriated game and fish funds to not less than three dollars ($3.00) of federal funds.

(b)  The amounts appropriated under subsection (a) of this section to the state shooting complex account shall only be expended through additional action of the legislature for the siting and construction of the Wyoming state shooting complex. This appropriation shall not be transferred or expended for any other purpose. Any unexpended, unobligated funds remaining in the account shall revert to the accounts from which they were appropriated, unless otherwise provided, on June 30, 2026.

(c)  As used in this section, "ARPD" means American Rescue Plan Act direct funds, which are any unexpended, unobligated funds received by the state of Wyoming through the Coronavirus State Fiscal Recovery Fund established under section 602 of title VI of the federal Social Security Act, as created by section 9901 of the American Rescue Plan Act of 2021, P.L. 117‑2. "ARPD" shall not include expenditures authorized under the American Rescue Plan Act of 2021, P.L. 117‑2, section 602(c)(1)(C) for revenue replacement for the provision of government services to the extent of the state of Wyoming's reduction in revenue.

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.

Senate File 166 proposes to help fund a border wall in Texas and to help ship migrants around.

SENATE FILE NO. SF0166

Border wall and sanctuary city transport.

Sponsored by: Senator(s) Hicks, Kinskey, Kolb and Steinmetz and Representative(s) Bear, Burkhart, Jennings and Oakley

A BILL

for

AN ACT relating to the administration of government; providing legislative findings; providing an appropriation for the purpose of constructing a border wall along the southwest land border as specified; providing an appropriation to aid other states in transporting non-citizens of the United States to sanctuary cities located in other states; and providing for an effective date.

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

Section 1. 

(a)  The legislature finds that:

(i)  On July 10, 1890, the United States Congress enacted the Act of Admission that admitted Wyoming as the forty-fourth state in the United States of America;

(ii)  The southwest land border is the border between the United States and Mexico that includes the states of California, Arizona, New Mexico and Texas;

(iii)  There were two million three hundred seventy-eight thousand nine hundred forty-four (2,378,944) encounters at the southwest land border in fiscal year 2022 by the United States Border Patrol and the Office of Field Operations. These encounters included apprehensions and expulsions;

(iv)  The amount of encounters at the southwest land border in fiscal year 2022 reflected an eleven and one-half percent (11.5%) increase from fiscal year 2021;

(v)  The encounters at the southwest land border in fiscal year 2022 included migrants from the countries of Colombia, Cuba, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua and Venezuela;

(vi)  The United States Border Patrol encountered ninety-eight (98) non-citizens of the United States and the Office of Field Operations encountered sixty-seven (67) non-citizens of the United States who had records with the Terrorist Screening Dataset also known as the terrorist watchlist on the southwest land border in fiscal year 2022;

(vii)  The United States Border Patrol encountered a total of twelve thousand twenty-eight (12,028) non-citizens of the United States with criminal convictions in all apprehensions in fiscal year 2022 including apprehensions at the southwest land border;

(viii)  The Office of Field Operations encountered a total of sixteen thousand nine hundred ninety-three (16,993) non-citizens of the United States with criminal convictions in all apprehensions in fiscal year 2022 including apprehensions at the southwest land border;

(ix)  The United States Border Patrol and Office of Field Operations seized a total of six hundred fifty-five thousand seven hundred eighty (655,780) pounds of drugs in fiscal year 2022. The drug fentanyl accounted for fourteen thousand six hundred ninety-nine (14,699) pounds of the total pounds of drugs seized;

(x)  The Wyoming Department of Criminal Investigation reported that law enforcement seized a total of seventeen thousand three hundred twenty-four (17,324) grams of fentanyl in 2021; 

(xi)  Five hundred six (506) migrants crossing or attempting to cross the southwest land border were reported dead or missing in 2022;

(xii)  The illegal immigration of non-citizens of the United States at the southwest land border negatively impacts the state of Wyoming's economy and places a burden on Wyoming law enforcement agencies;

(xiii)  Construction of a permanent border along the southwest land border between the United States and Mexico constitutes a public purpose and provides substantial benefits to the health and welfare of citizens of the state of Wyoming.

Section 2.  There is appropriated three million dollars ($3,000,000.00) from the legislative stabilization reserve account to the office of the governor for purposes of allowing the governor to enter into a contract with the state of Texas for the construction or partial construction of a permanent border wall along the southwest land border between Texas and Mexico and for the transportation of non-citizens of the United States from Texas to sanctuary cities in other states. The contract shall provide that the state of Texas may use not more than two hundred and fifty thousand dollars ($250,000.00) of this appropriation to transport non-citizens of the United States from Texas to sanctuary cities in other states. The contract shall require the state of Texas to submit an accounting outlining legitimate and reasonable expenditures made for the construction of the permanent border wall along the southwest land border and the expenditures for transporting non-citizens of the United States from Texas to sanctuary cities in other states. This appropriation shall be for the period beginning with the effective date of this act and ending on June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026. To the extent funds are not expended or obligated by July 1, 2024 the office of the governor may expend the funds for the purposes enumerated in sections 3 and 4 of this act. 

Section 3.  There is appropriated two million dollars ($2,000,000.00) from the legislative stabilization reserve account to the office of the governor for purposes of allowing the governor to enter into a contract with the state of Arizona for the construction or partial construction of a permanent border wall along the southwest land border between Arizona and Mexico and for the transportation of non-citizens of the United States from Arizona to sanctuary cities in other states. The contract shall provide that the state of Arizona may use not more than two hundred fifty thousand dollars ($250,000.00) of this appropriation to transport non-citizens of the United States from Arizona to sanctuary cities in other states. The contract shall require the state of Arizona to submit an accounting outlining legitimate and reasonable expenditures made for the construction of the permanent border wall along the southwest land border and the expenditures for transporting non-citizens of the United States from Arizona to sanctuary cities in other states. This appropriation shall be for the period beginning with the effective date of this act and ending on June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026. To the extent funds are not expended or obligated by July 1, 2024 the office of the governor may expend the funds for the purposes enumerated in sections 2 and 4 of this act.    

Section 4.  There is appropriated two hundred fifty thousand dollars ($250,000.00) from the legislative stabilization reserve account to the office of the governor  for purposes of allowing the governor to enter into a contract with the state of Florida for the transportation of non-citizens of the United States from Florida to sanctuary cities in other states. The contract shall require the state of Florida to submit an accounting outlining legitimate and reasonable expenditures made for transporting non-citizens of the United States from Florida to sanctuary cities in other states. This appropriation shall be for the period beginning with the effective date of this act and ending on June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026. To the extent funds are not expended or obligated by July 1, 2024 the office of the governor may expend the funds for the purposes enumerated in sections 2 and 3 of this act. 

Section 5.  This act is effective July 1, 2023.

Senate File 178 would create a mountain lion chasing season:

The commission is directed and empowered:

(xxxiii)  To establish and regulate resident and nonresident mountain lion pursuit seasons. During a mountain lion pursuit season, a person may use dogs to pursue a mountain lion but no mountain lion shall be killed or captured.

I'm a hunter, but I find this item exceedingly odd.

A Joint Resolution supports Taiwan, which is hard to square in the same year that another bill proposes to keep the National Guard from leaving the state.  In the event of an invasion of Taiwan, which isn't a recognized sovereignty, how are going to help them? 

Granted, neither bill is law yet, but one of the supporters here is the same one that's trying to castrate the Guard.

SENATE JOINT RESOLUTION NO. SJ0007

Support for Taiwan.

Sponsored by: Senator(s) Driskill, Anderson, Barlow, Case, Cooper, Dockstader, Ellis, French, Furphy, Gierau, Hicks, Hutchings, Ide, Kinskey, Laursen, D, Pappas and Steinmetz and Representative(s) Brown, Crago, Jennings, Larsen, L, Neiman, Nicholas, Oakley, Obermueller, Olsen, Rodriguez-Williams, Slagle, Sommers, Stith, Styvar, Walters, Washut, Western, Yin and Zwonitzer, Dn

A JOINT RESOLUTION

for

A JOINT RESOLUTION in support of Taiwan.

WHEREAS, Taiwan and the United States are bonded by their shared commitment to democracy, human rights, the rule of law and a free market economy; and

WHEREAS, on March 5, 1984, the State of Wyoming adopted Taiwan as Wyoming's sister state; and

WHEREAS, Taiwan ranks as the United States' eighth largest trading partner, Taiwan ranks as the United States' sixth largest agricultural goods export destination and bilateral trade between the United States and Taiwan reached an estimated one hundred fourteen billion dollars ($114,000,000,000.00) in 2021; and

WHEREAS, the United States and Taiwan have welcomed the resumption of high-level trade engagement and have expressed a desire to work closely together; and

WHEREAS, Taiwan ranks as the State of Wyoming's eighth largest trading partner in Asia and both the State of Wyoming and Taiwan are committed to strengthening bilateral economic bonds; and

WHEREAS, the United States Congress passed the landmark Taiwan Relation Act in 1979 to sustain a close, bilateral relationship and to advance mutual security and commercial interests between the United States and Taiwan; and

WHEREAS, based on the principles of the United States' and Taiwan's Education Initiative in 2020, Taiwan's Ministry of Education and the State of Wyoming's Department of Education signed a memorandum of understanding on educational cooperation in 2022 to further promote teacher and student exchanges and cultural awareness; and

WHEREAS, the United States has previously assisted Taiwan in its participation with the World Health Organization, the International Civil Aviation Organization and the International Criminal Police Organization and the United States will continue to support Taiwan's meaningful participation in these and other international organizations; and 

WHEREAS, Taiwan, as a willing and contributing member of the world community, has made countless contributions of technical and financial assistance in the wake of natural disasters worldwide.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.  That Wyoming reaffirms its commitment to the strong and deepening relationship between Taiwan and the State of Wyoming.

Section 2.  That Wyoming supports Taiwan's participation in internal organizations that impact the global trade, health, safety and well-being of the twenty-three million (23,000,000) people in Taiwan.

Section 3.  That Wyoming reiterates its support for a closer economic and trade partnership between the United States and Taiwan including signing the United States-Taiwan Bilateral Trade Agreement.

Section 4.  That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress, to Wyoming's Congressional Delegation, to Taiwan President Tsai Ing-wen and to the Taipei Economic and Cultural Office, Seattle, Washington.

Colorado's Democratic legislatures are about to introduce a bill there which would ban very broadly defined "assault weapons".  

Colorado is a lesson for conservatives of the Chamber of Commerce mindset.  The state was conservative but encouraged in migration for business reasons, resulting in the importation of liberals who now dominate the state. 

January 26, 2022

Yet more new bills.

Somebody better start watching the clock and calendar.

HB 259 proposes to have runoff elections where nobody achieves a majority in the primaries. 

This is a good idea.  My predication is that folks like Chuck Gray, even though that wasn't his situation, will not like it.

HB262 would have you believe that religious rights need to be restored in Wyoming, when in fact its a prophylactic bill aimed at the fear they will be restricted.  It states:

HOUSE BILL NO. HB0262

Wyoming Religious Freedom Restoration Act.

Sponsored by: Representative(s) Washut, Burkhart, Crago, Harshman and Olsen and Senator(s) Biteman, Hutchings, Kolb and Salazar

A BILL

foe

AN ACT relating to religious freedom; creating the Religious Freedom Restoration Act; providing definitions; limiting specified governmental actions that burden religious freedom as specified; authorizing claims and defenses against governmental action that burden religious freedom as specified; providing exceptions; and providing for an effective date.

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

Section 1.  W.S. 9‑25‑101 through 9‑25‑105 are created to read:

CHAPTER 25

RELIGIOUS FREEDOM

ARTICLE 1

RELIGIOUS FREEDOM RESTORATION ACT

9‑25‑101.  Religious Freedom Restoration Act; short title.

This act shall be known and may be cited as the "Wyoming Religious Freedom Restoration Act."

9‑25‑102.  Definitions.

(a)  As used in this act:

(i)  "Burden" means any action that intentionally either directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by government action, including any person acting under the color of state law where the action is intended for that purpose, including, but not limited to:

(A)  Withholding of benefits;

(B)  Assessing criminal, civil or administrative penalties;

(C)  Exclusion from governmental programs; or

(D)  Denial of access to governmental facilities.

(ii)  "Exercise of religion" means the practice or observance of religion, including an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief;

(iii)  "Government" means any department, agency, division, board, bureau, commission, council, authority, employee, official or other entity of this state or a political subdivision of this state, or a person acting under color of state law;

(iv)  "Person" means any natural person, association, partnership, corporation, religious institution or other legal entity;

(v)  "This act" means W.S. 9‑25‑201 through 9‑25‑205.

9‑25‑103.  Limitation on government action; exception.

(a)  Except as provided in subsection (b) of this section, government action, including action by any person acting under color of state law, shall not:

(i)  Burden a person's right to the exercise of religion even if the burden results from a rule of general applicability;

(ii)  Burden a person's right to the exercise of religion more restrictively than comparable secular conduct because of any economic need or benefit;

(iii)  Burden a person's right to the exercise of religion more restrictively than any secular conduct of reasonably comparable risk.

(b)  Government may substantially burden a person's right to the exercise of religion only if it demonstrates that application of the burden to that person's exercise of religion in that particular instance is:

(i)  Essential to further a compelling government interest; and

(ii)  The least restrictive means of furthering that compelling governmental interest.

9‑25‑104.  Claims.

A person whose exercise of religion has been burdened in violation of this act may have a claim in a court of competent jurisdiction and may obtain appropriate relief.

9‑25‑105.  Provisions to be liberally construed.

Nothing in this act shall be construed to authorize acts of licentiousness or practices inconsistent with the peace or safety of the state or its laws which protect the health and safety of the public.

Section 2.  This act is effective July 1, 2023.

HB 264 would appropriate funds to memorialize the mining industry:

HOUSE BILL NO. HB0264

Mining mural.

Sponsored by: Representative(s) Conrad, Berger, Larson, JT and Sommers

A BILL

for

AN ACT relating to the legislature; authorizing the painting of a mural in the state capitol house chamber; providing an appropriation; providing requirements; creating a selection committee; and providing for an effective date.

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

Section 1.  

(a)  Five hundred twenty thousand dollars ($520,000.00) is appropriated from the general fund to the legislative service office. These funds shall be used only for the purpose of the planning, design and painting of a mural in the house chamber at the Wyoming state capitol building. The mural shall depict the history of mining in Wyoming and shall match historically and artistically with the Allen True murals that are currently in the house chamber.

(b)  The legislative service office, with assistance from the Wyoming arts council, shall issue a request for qualifications to commission an artist or artists to paint the mural specified in subsection (a) of this section.

(c)  A selection committee consisting of the five (5) members of the management council who belong to the house of representatives and three (3) other non-legislative members as determined by the speaker of the house, with assistance from the legislative service office, shall select an artist or artists to paint the mural using criteria established by the selection committee. Members of the selection committee who are not members of the legislature shall receive the same per diem and mileage as members of the legislature traveling to and from meetings or while in actual attendance of meetings of the selection committee and during the performance of their duties relative thereto. The state building commission shall approve of the process to affix the mural required under subsection (a) of this section to the house chamber wall, pursuant to W.S. 9-5-106(e), before any alteration is made to the house chamber under this section.

(d)  The funds appropriated in subsection (a) of this section shall not be transferred or expended for any purpose other than for the planning, design and painting of the mural required by subsection (a) of this section. Notwithstanding W.S. 9-2-1008, 9-2-1012(e), 9-4-207(a) or any other provision of law, the funds appropriated in subsection (a) of this section shall not lapse or revert until the mural required by subsection (a) of this section is complete.

Section 2.  This act is effective July 1, 2023.

HB 267 would illegally grant the State of Wyoming a right of first refusal that it hasn't paid for, thereby perpetuating an adverse condemnation on entire state, in instances when somebody wants to sell property to the Federal Government.  This bill, which won't ever take effect as its illegal, states:

HOUSE BILL NO. HB0267

Conveyances to United States-right of refusal by state.

Sponsored by: Representative(s) Knapp

A BILL

for

AN ACT relating to property; granting the state of Wyoming the right of first refusal for real property conveyances to the United States and federal agencies; specifying conditions for the purchase of property by exercising the right of first refusal; specifying duties for property owners and the board of land commissioners; providing a continuous appropriation; providing definitions; making conforming amendments; and providing for an effective date.

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

Section 1.  W.S. 34‑1‑158 and 36‑2‑111 are created to read:

34‑1‑158.  Conveyances to the United States; right of first refusal to state; landowner notices; requirements.

(a)  As used in this section:

(i)  "Board" means the board of land commissioners;

(ii)  "Director" means the director of the office of state lands and investments;

(iii)  "Property" means all interests in real property and shall include land, mineral rights and water rights;

(iv)  "United States" means the United States, the federal government and any agency or office of the federal government.

(b)  The state of Wyoming shall have the right of first refusal for any sale, grant or award of property to the United States.

(c)  Before entering into an agreement or contract to sell or otherwise grant property to the United States, the owner of the property shall, not less than forty‑five (45) days before entering into the agreement or contract, provide notice in writing to the director and the board that includes notice of the purchase agreement or contract, details of the property to be conveyed in the agreement or contract, the appraised value of the property if known and the agreed‑upon purchase price for the property.

(d)  Not later than thirty (30) days after receiving a notice from a property owner under subsection (c) of this section, the board shall, through the director, respond to the notice by:

(i)  Declining to exercise the right of first refusal granted in subsection (b) of this section; or

(ii)  Declaring that the board intends to exercise the right of first refusal on the property and purchase the property, subject to subsection (e) of this section.

(e)  A purchase of property upon exercising the right of first refusal under this section shall comply with all of the following:

(i)  The purchase price to be paid for the property shall not exceed the amount offered by the United States for the property or, if the property is to be granted or donated to the United States without consideration, the fair market value of the property. The board may negotiate with the property owner to purchase the property at a lower price than the maximum price specified in this paragraph;

(ii)  The purchase shall be made from funds appropriated in subsection (f) of this section or from another legislative appropriation;

(iii)  Not later than ten (10) days after exercising the right of first refusal under this section, the director shall report to the joint appropriations committee on the property to be purchased and the known or estimated purchase price;

(iv)  Upon completing the purchase, the land shall be managed by the board as state lands as defined by W.S. 36‑1‑101. The board may take any action in managing property purchased under this section as authorized by statute, including selling, leasing or exchanging the land in accordance with law.

(f)  There is continuously appropriated to the board from any unexpended, unobligated funds in the legislative stabilization reserve account an amount not to exceed the purchase price of property specified in paragraph (e)(i) of this section. Before expending funds appropriated in this subsection, the board shall report to the joint appropriations committee as required by paragraph (e)(iii) of this section. The board shall not expend funds from the continuous appropriation if other appropriated funds are available for the purchase of the property under this section.

36‑2‑111.  Right of first refusal of conveyances to the United States; duties of board.

The board shall review all notices of property conveyances to the United States that the board receives under W.S. 34‑1‑158 and shall respond to each notice in accordance with W.S. 34‑1‑158.

Section 2.  W.S. 36‑3‑102 by creating a new subsection (e) is amended to read:

36‑3‑102.  Duties generally.

(e)  The director shall receive all notices of property conveyances to the United States under W.S. 34‑1‑158 and immediately forward each notice to the board for the board's consideration of exercising a right of first refusal under W.S. 34‑1‑158. The director shall offer any assistance to the board as necessary to help the board make a determination on exercising the right of first refusal in accordance with W.S. 34‑1‑158.

Section 3.  This act is effective July 1, 2023.

It's telling that this bill has a single sponsor.  It's going nowhere.

HB273 amends the hunting trespass bill to require that a person knowingly trespass, rather than just trespass.

HJ11 proposes to ask Congress to amend federal law to allow livestock producers to directly access antibiotics. 

January 27, 2023

More new bills

HB285 proposes to require hunters to detach landowners coupons and give them to private landowners, if they mostly hunted on private land, even if they didn't get anything.

This would effectively compensate landowners for animals that might not have been there.

An anti-historical site designation 

Today In Wyoming's History: 2023 Wyoming Legislature. Anti Historical Site Bill.:  

2023 Wyoming Legislature. Anti Historical Site Bill.

 A bill to make it more difficult to designate historical sites has been introduced in the legislature.

HOUSE BILL NO. HB0281

Local government approval for historic site designations.

Sponsored by: Representative(s) Storer

A BILL

for

AN ACT relating to state historic sites; requiring the board of land commissioners to provide notice and to obtain consent from counties, cities or towns before making a historic site designation as specified; providing requirements; and providing for an effective date.

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

Section 1.  W.S. 36‑8‑108 is created to read:

36‑8‑108.  Designation of state historic sites; requirements.

After designation by the legislature but before any official designation is made for a state historical site when the property to be designated belongs to a county, city or town, the board of land commissioners shall obtain consent from the board of county commissioners or the local governing body of the city or town where the proposed state historical site is located. The board of county commissioners or the local governing body of a city or town shall be given not less than thirty (30) days written notice before the site is designated as a state historic site.  After notice is given and the notice period has passed, if no objection is made, consent to the designation of the historic site shall be presumed. 

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.

As this has a single sponsor, it likely will go nowhere, but its purpose is hard to understand.  Something being designated a historical site, contrary to widespread popular belief, doesn't commit private parties to anything.

I swear, the really radical populist concepts in the current legislature seemingly have no limits.

HB 276 declares shed antlers the property of the state, everywhere, and further provides:

Pursuant to this paragraph, the commission shall require a permit for the collection of big game animal shed antlers and horns on public lands. A permit under this paragraph shall be issued for no fee for residents and for a fee of twenty dollars ($20.00) for nonresidents. The commission shall adopt rules necessary to issue a permit under this paragraph;

Frankly, I think the entire shed antler thing is out of hand.  People who find a shed antler in the non season are going to pick it up, much like they pick up arrowheads, even though that's technically illegal.  This makes this one of those areas where this hard right legislature actually acts contrary to their self professed "less government" mantra, much like dictating to property owners that you can't require people to wear masks in your own business if you wish to.

B'eh

HB 274 would effectively condemn the internet by declaring that the owners of private sites couldn't discriminate.

Newspapers can.

2023

STATE OF WYOMING

23LSO-0529

HOUSE BILL NO. HB0274

Internet freedom-prohibiting discrimination.

Sponsored by: Representative(s) Hornok, Davis, Heiner, Locke, Ottman and Rodriguez-Williams and Senator(s) French, Hutchings, McKeown and Steinmetz

A BILL

for

AN ACT relating to trade and commerce; prohibiting discrimination based on viewpoint, race, religion and location by interactive computer services, social media platforms and businesses as specified; providing legislative findings; specifying a breach of fiduciary duty for release or loss of private information; defining terms related to the prohibitions on discrimination; providing remedies for violations as specified; specifying applicability of prohibitions; specifying severability; and providing for an effective date.

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

Section 1.  

(a)  The legislature finds that:

(i)  Interactive computer services and companies are similar to common carriers, are affected with a public interest, are central public forums for public debate and have enjoyed governmental support in the United States;

(ii)  Interactive computer services and companies may owe a fiduciary duty to their users;

(iii)  Interactive computer services and companies appear to be increasingly censoring expression on their services and platforms based on the point of view of the person making the expression;

(iv)  In Hudgens v. NLRB, 424 U.S. 507 (1976), the United States Supreme Court has recognized that statutory or common law may, in some situations, extend protection or provide redress against a private corporation or person who seeks to abridge the free expression of others;

(v)  The laws of the several states and of the United States already protect against obscene, violent, harassing and other dangerous expression.

Section 2.  W.S. 40‑12‑801 through 40‑12‑805 are created to read:

ARTICLE 8

DISCRIMINATION BY INTERACTIVE COMPUTER SERVICES

AND SOCIAL MEDIA PLATFORMS

40‑12‑801.  Definitions.

(a)  As used in this article:

(i)  "Censor" means to block, ban, remove, deplatform, demonetize, de‑boost, restrict, deny equal access or visibility to or otherwise discriminate against a person;

(ii)  "Expression" means any words, music, sounds, still or moving images, numbers, video or perceivable communication;

(iii)  "Free speech state" means any state or territory of the United States or the federal government that protects expression from censorship by interactive computer services based on the viewpoint, race or religion of a person or of a person's expression;

(iv)  "Identifiable private information" means private information that may reasonably be expected to be associated with a user or could reasonably be associated with a user;

(v)  "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server. "Interactive computer service" includes networks, websites and a service or system that provides access to the internet including systems operated or services offered by libraries or educational institutions. "Interactive computer service" does not include an internet service provider;

(vi)  "Internet service provider" means any entity that provides internet access services and that may also provide associated internet services, such as internet transport, encryption, account security services, email hosting services, web hosting services, domain services, data storage services, intranet services and cloud‑based solutions;

(vii)  "Private information" means information acquired by an interactive computer service or social media platform from any user who has not expressly given prior authorization for the release or disclosure of the information, including its specific content, form or recipient of the information;

(viii)  "Receive" means to read, hear, look at, gain access to or otherwise receive;

(ix)  "Share" means to speak, sing, publish, post, upload, transmit, communicate or otherwise share;

(x)  "Social media platform" means any information service, system or access software that provides or enables computer access by multiple users to a computer server and that allows a user to publish or share expression with other persons. "Social media platform" does not include an internet service provider;

(xi)  "Unlawful expression" means expression that is unlawful under federal or state law;

(xii)  "User" means a person who shares or receives expression through an interactive computer service.

40‑12‑802.  Interactive computer services; discrimination prohibited; applicability.

(a)  No interactive computer service shall censor a user, a user's expression, a user's sharing or ability to share an expression or a user's receiving of expression from another person based on:

(i)  The race, religion or viewpoint of any user or other person; or

(ii)  The viewpoint presented in any user's or other person's expression.

(b)  No interactive computer service shall censor a user, a user's expression, a user's sharing or ability to share an expression or a user's receiving of expression based on the user's residing, doing business, sharing expression or receiving expression in this state.

(c)  The prohibitions of subsections (a) and (b) of this section shall apply:

(i)  Whether the viewpoint is expressed on an interactive computer service or elsewhere;

(ii)  Only to an interactive computer service that:

(A)  Functionally has more than twenty million (20,000,000) active users within any thirty (30) day period;

(B)  Functionally has more than one hundred fifty million (150,000,000) active users within one (1) calendar month.

(iii)  Only to protect:

(A)  A user residing, doing business, sharing expression or receiving expression in this state;

(B)  Expression, sharing expression or receiving expression to the extent the expression, sharing or receiving occurs in this state;

(C)  Expression, sharing expression or receiving expression to the extent the expression is shared with or received from any other free speech state; and

(D)  Expression, sharing expression or receiving expression to the extent the expression is shared with, or received from, any other state or territory of the United States that is not a free speech state.

(d)  This article shall not be construed to:

(i)  Subject an interactive computer service to any action or require a remedy from an interactive computer service for which the interactive computer service is protected under state or federal law;

(ii)  Prohibit an interactive computer service from censoring any expression that it is specifically authorized to censor under the laws of Wyoming or of the United States;

(iii)  Prohibit an interactive computer service from censoring an unlawful expression.

(e)  This chapter shall not apply to an interactive computer service that:

(i)  Has been available to users for not more than twelve (12) months; or

(ii)  Is engaged primarily in its own expression and that allows users to comment on its expression, provided that the commentary or ability to comment is merely incidental to the expression.

40‑12‑803.  Interactive computer services; remedies; procedures; fiduciary requirements.

(a)  Any user residing, doing business, sharing expression or receiving expression in this state may bring a civil action in any court of this state against any interactive computer service for a violation of this article by an interactive computer service against the user. The user may seek, and the court may grant, declaratory or injunctive relief. The court shall award to any user prevailing in an action under this section treble damages or, at the user's election, fifty thousand dollars ($50,000.00). The court shall also award costs and reasonable attorney fees to any prevailing user.

(b)  Any user residing, doing business, sharing expression or receiving expression in this state may bring a civil action in any court of this state against any person who aids or abets a violation of this article by an interactive computer service against that user. The user may seek, and the court may grant, declaratory or injunctive relief. The court shall award to any user prevailing in an action under this section treble damages or, at the user's election, fifty thousand dollars ($50,000.00). The court shall also award costs and reasonable attorney fees to any prevailing user.

(c)  Notwithstanding any other provision of law, the courts of Wyoming may exercise personal jurisdiction over any interactive computer service subject to an action initiated under this section or any person alleged to have aided or abetted a violation of this article to the maximum extent permitted by the United States constitution and Wyoming constitution.

(d)  Notwithstanding any other provision of law, any user initiating a civil action pursuant to this section shall have the right to a jury trial.

(e)  The court may hold an interactive computer service or a person in contempt if the interactive computer service or person fails to promptly comply with any order issued under this section. The court may use all lawful measures to secure immediate compliance, including daily penalties sufficient to secure immediate compliance.

(f)  Any loss, release or distribution by an interactive computer service of personally identifiable information or private information that has been collected by the interactive computer service and not released or distributed by the user or for which the user has not consented to the release shall be deemed a breach of fiduciary duty and shall be subject to any remedy or recovery authorized by law. For any intentional or reckless loss, release or distribution by an interactive computer service of identifiable private information, the court shall award to a person whose information is lost, released or distributed as damages treble damages or one million dollars ($1,000,000.00), whichever is greater.

40‑12‑804.  Social media platforms; discrimination prohibited; applicability.

(a)  No social media platform shall censor a user, a user's expression, a user's sharing or ability to share an expression or a user's receiving of expression from another person based on:

(i)  The race, religion or viewpoint of any user or other person; or

(ii)  The viewpoint presented in any user's or other person's expression.

(b)  No social media platform shall censor a user, a user's expression, a user's sharing or ability to share an expression or a user's receiving of expression based on the user's residing, doing business, sharing expression or receiving expression in this state.

(c)  The prohibitions of subsections (a) and (b) of this section shall apply:

(i)  Whether the viewpoint is expressed on an interactive computer service or elsewhere;

(ii)  Only to a social media platform that:

(A)  Functionally has more than twenty million (20,000,000) active users within any thirty (30) day period;

(B)  Functionally has more than one hundred fifty million (150,000,000) active users within one (1) calendar month.

(iii)  Only to protect:

(A)  A user residing, doing business, sharing expression or receiving expression in this state;

(B)  Expression, sharing expression or receiving expression to the extent the expression, sharing or receiving occurs in this state;

(C)  Expression, sharing expression or receiving expression to the extent the expression is shared with or received from any other free speech state; and

(D)  Expression, sharing expression or receiving expression to the extent the expression is shared with, or received from, any other state or territory of the United States.

(d)  This article shall not be construed to:

(i)  Subject a social media platform to any action or require a remedy from a social media platform for which the social media platform is protected under the laws of Wyoming or of the United States;

(ii)  Prohibit a social media platform from censoring any expression that it is specifically authorized to censor under the laws of Wyoming or of the United States;

(iii)  Prohibit a social media platform from censoring an unlawful expression.

(e)  This chapter shall not apply to a social media platform that:

(i)  Has been available to users for not more than twelve (12) months; or

(ii)  Is engaged primarily in its own expression and that allows users to comment on its expression, provided that the commentary or ability to comment is merely incidental to the expression.

40‑12‑805.  Social medial platforms; remedies; procedures; fiduciary requirements.

(a)  Any user residing, doing business, sharing expression or receiving expression in this state may bring a civil action in any court of this state against any social media platform for a violation of this article by a social media platform against the user. The user may seek, and the court may grant, declaratory or injunctive relief. The court shall award to any user prevailing in an action under this section treble damages or, at the user's election, fifty thousand dollars ($50,000.00). The court shall also award costs and reasonable attorney fees to any prevailing user.

(b)  Any user residing, doing business, sharing expression or receiving expression in this state may bring a civil action in any court of this state against any person who aids or abets a violation of this article by any social media platform against that user. The user may seek, and the court may grant, declaratory or injunctive relief. The court shall award to any user prevailing in an action under this section treble damages or, at the user's election, fifty thousand dollars ($50,000.00). The court shall also award costs and reasonable attorney fees to any prevailing user.

(c)  Notwithstanding any other provision of law, the courts of Wyoming may exercise personal jurisdiction over any social media platform subject to an action initiated under this section or any person alleged to have aided or abetted a violation of this article to the maximum extent permitted by the United States constitution and Wyoming constitution.

(d)  Notwithstanding any other provision of law, any user initiating a civil action pursuant to this section shall have the right to a jury trial.

(e)  The court may hold a social media platform or a person in contempt if the social media platform or person fails to promptly comply with any order issued under this section. The court may use all lawful measures to secure immediate compliance, including daily penalties sufficient to secure immediate compliance.

(f)  Any loss, release or distribution by a social media platform of identifiable private information that has been collected by the interactive computer service and has not been released or distributed by the user or for which the user has not consented to the release shall be deemed a breach of fiduciary duty and shall be subject to any remedy or recovery authorized by law. For any intentional or reckless loss, release or distribution by a social media platform of identifiable private information, the court shall award to a person whose information is lost, released or distributed as damages, treble damages or one million dollars ($1,000,000.00), whichever is greater.

Section 3.  If any clause, sentence or provision of this act or its application is held invalid, the invalidity shall not affect other clauses, sentences or provisions or applications of this act that can be given effect without the invalid clause, sentence or provision or application and to the end that the clauses, sentences and provisions of this act are severable. It is the intent of the legislature that the clauses, sentences and provisions of this section be liberally construed to the maximum possible extent.

Section 4.  The provisions of this act shall apply to actions that may be deemed violations of W.S. 40‑12‑802 or 40‑12‑804, as created by section 2 of this act, that occur on or after the effective date of this act.

Section 5.  This act is effective July 1, 2023.

Completely unworkable, probably unconstitutional, and tailor-made for the law of unintended consequences. 

The good news is that new Senate bills seem to have ceased.

On a personal comment, I read, purely by accident, some comments made about a serving legislature who is very conservative and personally very honorable.  None of that stopped far right populist going after him, as they're in favor of a certain bill he is not.  An irony here is that one of the people is in the very class of people he complains about.

Calling people names, falsely, is not honorable, and frankly, it's sinful.

January 27, cont.

House Bill 68, which would have allowed video surveillance of school crossings, died over concerns about the misuse of video surveillance and automatic ticketing.

January 28, 2023

Senate File 109 banning the use, manufacture and distribution of medications for the use of abortions passed the Senate and is on to the House. It passed in a 23-6 vote, 2 abstentions.

Passed one chamber:

SF0017 Off-road recreational vehicles-safety and insurance.

SF0021 High occupancy vehicle lanes.

SF0033 Defining aircraft for purposes of hunting prohibitions.

SF0034 Trespass by small unmanned aircraft.

SF0042 Taxation of cigars.

SF0055 Chancery court vacancies-extension amendment.

SF0056 Prohibiting travel across private land for hunting purposes.

SF0068 Prescriptive easement for water conveyances.

SF0086 Voter identification-concealed carry permit.

SF0088 Hunting licenses-weighted bonus points system.

SF0091 Creation of tenancy by the entirety

SF0094 Federal Indian Child Welfare Act codification.

SF0095 Moon landing day.

SF0102 Food Freedom Act-amendments.

Senate File 109 banning pharmaceutical abortions.

SF0116 Protection of lawful commerce in firearms.

SF0117 Parental rights in education.

HB0003 State assessment of independent power producers.

HB0005 Voter registry list-voter ID and absentee ballots.

HB0007 Underage marriage-amendments.

HB0017 State lands-grazing of non-owned livestock.

HB0021 State lands-use of land qualification requirements.

HB0039 Verifying the veteran designation on a WY driver's license.

HB0067 Special license plate decals-women veterans.

Failure Chart:

House Bill 6.  Specified election records not subject to disclosure.

House Bill 48.  This bill would have directed millions into pathways.

Senate Bill 60.  This would have raised the price of out of state big game licenses.

House Bill 72, reforming the sales and services tax provisions, failed.

House Bill 55, election ballot order.

House Bill 71, sales tax holiday for back to school.

House Bill 68.  Video surveillance of school crossings

Prior related threads:

The 2023 Wyoming Legislative Session. The Waking Up Edition (Vol 1).

The 2023 Wyoming Legislative Session. The Legislature Convenes (Vol 2).

Lex Anteinternet: The 2023 Wyoming, and Montana, Legislative Session. When Freedom can be another name for things you'll lose.