March 23, 2021
A bill to expand Medicaid passed in its first reading in the house. It failed in the Senate, and even while that would seem to indicate a low overall chance of success, if it passes the House it will go back to the Senate.
To bills regarding coal, one making it more difficult to close a power plant, and the other authorizing funding to sue neighboring states over coal, cleared the House and are on to the Senate.
A bill passed the House that would allow liquor distillers to operate two off site satellite serving rooms.
March 24, 2021 Monday night inaction massacre.
Bills that died as they didn't get any action by last Friday, and therefore didn't make it on to the floor. There were some thirty in number.
They included bills to:
1. Bills to tax fuel, tobacco, and consumer streaming.
2. Some bills regarding abortion advanced, but one outlawing them upon detection of a fetal heart beat and another requiring informed consent died.
3. A medical marijuana bill failed as did a bill to simply legalize marijuana.
Those are just a smattering of such bills, however. There are many more.
A bill to extend Gubernatorial power over the State Health Officer passed the House. Contrary to what many think, except those knowledgeable people who read this blog, the State Health Officer is independent of the Governor and its actually the State Health Officer, not the Governor, who issues quarantine related orders. As a practical matter, the Governor, who has probably been uncomfortable with that, has supported all of the orders and there's been seeming coordination regarding them.
An amendment that failed was House Minority Leader Anne Connolly's bill that would have required universities and colleges to provide "long lasting reversible contraceptives". The bill died, but the fact that it was even introduced by the Democratic minority leader and supported by Democrats reveals a certainly level of mental disconnect and cluelessness that has served to keep them in the absolute minority.
Connolly and another Democratic supporter spoke supported the bill to subsidize sex seemingly on the assumption that it must occur, a common modern supposition that is argued against by millennia of precontraction history. As, in their view, it must occur, cattle during breeding season style, and that will result in some pregnancies (at least they grasp the connection between conception and sex, something the entertainment industry seemingly doesn't), it somehow is the state's obligation to provide contraception so that abortions can be avoided.
That's largely a pretext, in my view, for simply making contraceptives available upon demand, which has long been a left wing goal.
The amendment was tied to a bill that is on the House floor to preclude the state's collegic level institutions from funding abortions as health services. That bill reads as follows:
2021 | STATE OF WYOMING | 21LSO-0672 |
HOUSE BILL NO. HB0253
University of Wyoming-ban on funding for abortions.
Sponsored by: Representative(s) Gray, Andrew, Haroldson, Laursen, Neiman, Ottman, Rodriguez-Williams, Styvar and Winter and Senator(s) Biteman, Bouchard, Hutchings, McKeown, Salazar and Steinmetz
A BILL
for
AN ACT relating to the University of Wyoming; prohibiting the University of Wyoming from expending funds on abortions or insurance coverage for abortions as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21‑17‑107 is amended to read:
21‑17‑107. Legislature to make appropriations; prohibition on abortion funding.
(a) The legislature shall appropriate monies intended for the support and maintenance of the University of Wyoming. The appropriations shall specify the purposes for which the monies are intended and may be used. The appropriations shall apply to and include all monies received by the university from the United States for the endowment and support of colleges for the benefit of agriculture and mechanic arts. No expenditure shall be made in excess of an appropriation, and no monies so appropriated shall be used for any purpose other than that for which they are appropriated.
(b) As a condition of receiving or expending any monies or funds appropriated to the University of Wyoming, the University of Wyoming shall not expend any general funds, federal funds or other funds under its control for:
(i) Elective abortions for students;
(ii) Group health insurance that provides coverage of elective abortions for students.
Section 2. This act is effective July 1, 2021.
I'm unaware if UW, the state's only four year institution, ever did expend monies directly on abortions. I doubt it. But it may have had health insurance in this category, although I don't know if that's the case either. UW has acted to the left of some social issues prior to any state mandate to do so, so it's possible.
March 25, 2021
The Senate killed the bill to change the Wyoming primary election system, but by one vote.
The House has passed the expansion of Medicaid.
SF 81, Anthony Bouchard's controversial gun bill that violated the Supremacy Clause of the U.S. Constitution and which sought to impose penalties on law enforcement officers enforcing Federal firearms provisions, passed the Senate after being heavily amended. Bouchard voted no against his own bill after many of the unconstitutional provisions were stripped out, which did reduce the bill from 13 pages to 3. During debate on amendments a Senator noted that a similar bill in Kansas had failed to protect two individuals who were charged with violating the National Firearms Act.
An education bill passed the House that imposes a small sales tax to fund education after reserves fall to a certain level.
The House passed the bill allowing distilleries to have two satellite tasting rooms.
The House defeated a bill that would have prevented the hiring of law enforcement officers with a past history of serious misconduct. Oddly one of the bills sponsors voted against it, presumably due to amendments to it which dealt with individuals who resigned or retired while under investigation. The bill lost by a fairly wide margin.
The House passed a resolution reexpressing Wyoming's support for Taiwan.
March 26, 2021
The House reversed itself and passed the police conduct bill mentioned above, so now it goes to the Senate.
A bill limiting the duration in time of county health officer orders until they are approved by an elected body. No change was made to state health officer order procedures and effects.
A bill prohibiting discrimination in organ transplants has passed the Legislature and awaits the Governor's signature. It reads:
2021 | STATE OF WYOMING | 21LSO-0280 ENGROSSED |
HOUSE BILL NO. HB0111
Access to anatomical gifts and organ transplants.
Sponsored by: Representative(s) Washut, Blackburn, O'Hearn, Rodriguez-Williams and Sommers and Senator(s) Landen and Salazar
A BILL
for
AN ACT relating to health care; prohibiting discrimination in the provision of health care services and insurance for organ transplants and related procedures based on a person's disability; providing definitions; providing for enforcement and authorizing a civil action; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 26‑20‑801, 26‑20‑802 and 35‑5‑301 through 35‑5‑303 are created to read:
ARTICLE 8
ANATOMICAL GIFTS AND ORGAN TRANSPLANTATION
26‑20‑801. Definitions.
(a) As used in this article:
(i) "Covered person" means a policyholder, subscriber, enrollee, member or individual covered by any policy, contract or certificate listed in W.S. 26‑20‑802(a);
(ii) "Health insurance issuer" means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including through a policy, contract or certificate listed in W.S. 26‑20‑802(a), and shall include a sickness and accident insurance company, a nonprofit corporation, a health maintenance organization, a preferred provider organization, or any similar entity, or any other entity providing a plan of health insurance or health benefits.
(b) The definitions in W.S. 35‑5‑301 shall apply to this article.
26‑20‑802. Discrimination prohibited.
(a) No individual or group health insurance policy providing coverage on an expense incurred basis, individual or group service or indemnity type health insurance contract or certificate issued by any health insurance issuer that provides coverage for anatomical gifts, organ transplants or related treatment and services shall:
(i) Deny coverage of an anatomical gift, organ transplant or related treatment or service to a covered person solely on the basis of the person's disability;
(ii) Deny to a covered person eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the policy, contract or certificate, solely for the purpose of avoiding the requirements of this section or W.S. 35‑5‑301 through 35‑5‑303;
(iii) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide monetary or nonmonetary incentives to an attending provider, to induce the provider to provide care to a covered person in a manner inconsistent with this section or W.S. 35‑5‑301 through 35‑5‑303; or
(iv) Reduce or limit coverage benefits to a covered person for the medical services or other services related to organ transplantation performed pursuant to this section and W.S. 35‑5‑301 through 35‑5‑303 as determined in consultation with the attending physician and covered person.
(b) In the case of any policy, contract or certificate listed in subsection (a) of this section that is maintained pursuant to one (1) or more collective bargaining agreements between employee representatives and one (1) or more employers, any policy, contract or certificate amendment made pursuant to a collective bargaining agreement relating to the policy and made solely to conform to any requirement under this section shall not be treated as a termination of the collective bargaining agreement.
(c) Nothing in this section shall require a health insurance issuer to provide coverage for a medically inappropriate organ transplant.
CHAPTER 5
ANATOMICAL GIFTS AND ORGAN TRANSPLANTATION
ARTICLE 3
NONDISCRIMINATION IN ACCESS TO ANATOMICAL GIFTS AND ORGAN TRANSPLANTATION
35‑5‑301. Definitions.
(a) As used in this article:
(i) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion;
(ii) "Auxiliary aid or service" means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological or physical disability and is available in a format or manner that allows the individual to better understand the information. An auxiliary aid or service includes any of the following:
(A) Qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments;
(B) Qualified readers, taped texts, texts in accessible electronic format or other effective methods of making visually delivered materials available to persons with visual impairments;
(C) Supported decision making services, including:
(I) The use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual or assist the individual in making decisions;
(II) The disclosure of information to a legal guardian, authorized representative or another individual designated by the individual with a disability for decision making purposes, as long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq., and any regulations promulgated by the United States department of health and human services to implement the act;
(III) If an individual has a court appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual's health care and that medical decisions are in accordance with the individual's own expressed interests;
(IV) Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental or intellectual disabilities, including assistive communication technology.
(iii) "Covered entity" means:
(A) Any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities and prison health centers;
(B) Any entity responsible for matching anatomical gift donors to potential recipients.
(iv) "Disability" has the meaning stated in the Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities Amendments Act of 2008, at 42 U.S.C. § 12102;
(v) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition;
(vi) "Qualified recipient" means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:
(A) Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;
(B) Auxiliary aids or services;
(C) Reasonable modifications to the policies, practices or procedures of a covered entity, including modifications to allow for either or both of the following:
(I) Communication with one (1) or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation;
(II) Consideration of support networks available to the individual, including family, friends and home and community based services, including home and community based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled or any program or source of funding available to the individual, when determining whether the individual is able to comply with post‑transplant medical requirements.
35‑5‑302. Discrimination prohibited.
(a) A covered entity shall not, solely on the basis of an individual's disability:
(i) Consider the individual ineligible to receive an anatomical gift or organ transplant;
(ii) Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling or post‑operative treatment and services;
(iii) Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;
(iv) Refuse to place a qualified recipient on an organ transplant waiting list;
(v) Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability;
(vi) Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post‑transplantation and post‑transfusion care.
(b) A covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.
(c) If an individual has the necessary support system to assist the individual in complying with post‑transplant medical requirements, a covered entity may not consider the individual's inability to independently comply with post‑transplant medical requirements to be medically significant for the purposes of subsection (b) of this section.
(d) A covered entity shall make reasonable modifications to its policies, practices or procedures to allow individuals with disabilities access to transplantation related services, including diagnostic services, surgery, coverage, post‑operative treatment and counseling, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of those services.
(e) A covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post‑operative treatment or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.
(f) Nothing in this section shall require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.
(g) A covered entity shall otherwise comply with the requirements of titles II and III of the Americans with Disabilities Act, as amended.
(h) The provisions of this article shall apply to all stages of the organ transplant process.
35‑5‑303. Enforcement.
(a) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other relief against the covered entity for purposes of enforcing compliance with this article. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.
(b) In an action brought under this article, the court shall give priority on its docket and expedited review, and may grant injunctive or other relief, including:
(i) Requiring auxiliary aids or services to be made available for a qualified recipient;
(ii) Requiring the modification of a policy, practice or procedure of a covered entity; or
(iii) Requiring facilities be made readily accessible to and usable by a qualified recipient.
(c) Nothing in this article is intended to limit or replace available remedies under the Americans With Disabilities Act, as amended, or any other applicable law.
Section 2. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
March 25, 2021
A draft budget has been reached with $400,000,000 in cuts. The process was eased by the news that later this year Wyoming will receive $1,000,000,000 from the Federal government through the pandemic relief bill.
March 30, 2021
2021 | STATE OF WYOMING | 21LSO-0522 ENGROSSED |
HOUSE BILL NO. HB0122
Hunting and fishing access-reliable funding.
Sponsored by: Representative(s) Western, Clausen, Larsen and Walters and Senator(s) Baldwin
A BILL
for
AN ACT relating to game and fish; increasing conservation stamp fees; establishing a new account within the game and fish fund; depositing fee increases as specified; authorizing expenditure of fee as specified; imposing game and fish commission reporting requirements on specified account expenditures; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 23‑1‑501 by creating a new subsection (h) and 23‑2‑306(a)(intro) and by creating a new subsection (e) are amended to read:
23‑1‑501. Game and fish fund.
(h) An account within the game and fish fund is created. The portion of the revenues collected as specified under W.S. 23‑2‑306(e) shall be deposited into the account. Revenues deposited in the account created under this subsection are continuously appropriated to the commission and all earnings on funds in the account shall remain in the account. The commission shall use revenues in the account only as specified in this subsection and subject to the following requirements:
(i) Of the revenues collected, not less than eighty‑five percent (85%) shall be used by the commission for the purchase of access easements or for other agreements to provide public access to federal and state and school trust lands within the state that are difficult to access or inaccessible by the public for hunting and fishing purposes. The commission shall notify the appropriate boards of county commissioners in writing before purchasing any access easements or entering into any agreements under this paragraph and shall hold public hearings at the request of any board of county commissions;
(ii) Of the revenues collected, not greater than fifteen percent (15%) shall be used to provide for wildlife conservation efforts related to the transportation system, including signage, wildlife corridors, wildlife crossings, fish passages and game fences;
(iii) As part of the annual report required under subsection (e) of this section, the commission shall report to the legislature on all expenditures pursuant to this subsection during the preceding fiscal year.
23‑2‑306. Conservation stamp; exemptions.
(a) Subject to subsections (b), (c) and (d) of this section and the applicable fee under W.S. 23‑1‑701, each sportsman licensed under W.S. 23‑2‑101, 23‑2‑107 or 23‑2‑201 shall purchase a single conservation stamp for twelve dollars ($12.00) twenty‑one dollars ($21.00) which shall be valid for the time period specified in commission rules not to exceed twelve (12) months. The stamp or an authorization signifying purchase of the stamp shall be in the possession of any person exercising rights under any fishing or hunting license issued pursuant to W.S. 23‑2‑101, 23‑2‑107 or 23‑2‑201. Holders of special limited fishing permits issued under W.S. 23‑2‑207 and holders of licenses only under W.S. 23‑1‑302(q), 23‑2‑101(j)(v) and (vi), 23‑2‑201(d)(vi), (vii) and (ix), 23‑2‑201(f) and 23‑2‑201(g) are exempt from the provisions of this section when exercising hunting or fishing privileges provided under those specific licenses. Except as provided in subsection (e) of this section, revenues collected from the sale of each stamp under this subsection shall be deposited as follows:
(e) Of the twenty-one dollars ($21.00) collected under subsection (a) of this section, nine dollars ($9.00) collected from the sale of each stamp shall be deposited into the account created under W.S. 23‑1‑501(h).
Section 2. This act is effective July 1, 2021.
(END)
| 1 | HB0122 |
Governor Gordon Takes Action on 11 Bills on Tuesday, March 30
CHEYENNE, Wyo. – Governor Mark Gordon took action on 11 bills on Tuesday, March 30. The Governor signed the following bills into law today:
Bill No.
Enrolled Act #
Bill Title
HB0004
HEA0019
Mental health professions practice act-amendments
HB0020
HEA0020
Driver's license requirements-visual acuity
HB0029
HEA0021
Burials for indigent persons
HB0033
HEA0022
Interference with public contracting
HB0046
HEA0023
Crime of bestiality
HB0069
HEA0024
Division of banking-fees
HB0086
HEA0025
Off-road recreational vehicles registration authorized
HB0087
HEA0026
Provider recruitment grant program
HB0111
HEA0027
Access to anatomical gifts and organ transplants
HB0118
HEA0028
Food freedom act amendments
HB0120
HEA0029
Hathaway Scholarships-success curriculum in middle school
The full list of bills the Governor has taken action on during the 2021 Legislative Session can be found on the Governor’s website.
--END--
April 2, 2021
The legislature passed the voter ID bill. The bill will require a voter to present one of a set of approved ID's when they go to vote.
A bill requiring County Health Officers to have professional degrees and undergo certain training also passed the legislature. As a practical matter, they are nearly all, or perhaps are all, physicians presently.
The Governor signed the following bills, one of which was the budget, into law. As usual, some have been hardly reported on as they don't interest the Press for one reason or another, so some comments can be found below.
Governor Gordon Takes Action on 25 Bills on Thursday, April 1
CHEYENNE, Wyo. – Governor Mark Gordon took action on 25 bills on Thursday, April 1. Among the bills signed into law today were two that the Governor enthusiastically supported – House Bill 58 and Senate File 116.
HB 58 allows the Wyoming Department of State Parks and Cultural Resources the flexibility to use more of their fees to offset recent budget reductions. State Parks saw a 36% increase in visitation last year and expects similar, higher visitation this year. The bill provides the agency with the ability to fund park maintenance and hire seasonal staff, improving the visitor experience.
SF 116 will help the Wyoming Business Council Board of Directors operate more efficiently and increase engagement. Maximizing government efficiency was one of the goals highlighted by the Governor in his State of the State address and this piece of legislation furthers that goal.
Bill No. | Enrolled Act # | Bill Title | |||
SF0035 | SEA0015 | State budget department | |||
SF0021 | SEA0016 | Judicial review of agency actions-permissible venues | |||
SF0023 | SEA0017 | Public meetings-executive sessions for security plans | |||
SF0119 | SEA0018 | Investment of state permanent funds | |||
SF0079 | SEA0020 | Medicaid billing for school-based services. | |||
SF0072 | SEA0021 | Financial council and reporting-budget reductions. | |||
SF0062 | SEA0022 | Repealing sunset date for the office of consumer advocate. | |||
SF0040 | SEA0023 | Wyoming Money Transmitters Act-amendments. | |||
SF0039 | SEA0024 | Digital identity. | |||
SF0106 | SEA0027 | Transportation statutory amendments-1. | |||
SF0107 | SEA0028 | Transportation statutory amendments-2. | |||
SF0108 | SEA0029 | Career and technical education terminology. | |||
SF0110 | SEA0030 | Small claims procedures. | |||
SF0116 | SEA0031 | Wyoming business council directors-reduction. | |||
HB0054 | HEA0030 | Wyoming meat packing initiative. |
HB0058 | HEA0031 | State parks account-expenditure authority. |
HB0014 | HEA0034 | Rights of way along public ways-amendments. |
HB0021 | HEA0035 | Wyoming National Guard-preference for education. |
HB0076 | HEA0037 | Uniform statewide payment processing. |
HB0109 | HEA0038 | Local health officers-education requirements. |
HB0148 | HEA0039 | Fees paid to secretary of state-amendments. |
HB0064 | HEA0040 | Uniform Fraudulent Transfer Act-extinguishing claims. |
HB0079 | HEA0041 | Subdivisions. |
HB0104 | HEA0042 | Uniform Trust Code-amendments. |
HB0217 | HEA0044 | Community health center and rural health clinic grants. |
The full list of bills the Governor has taken action on during the 2021 Legislative Session can be found on the Governor’s website.
--END--
On one of the bills was the Wyoming meat packing initiative. I've complained on this site before that Wyoming has been ignoring the meat packing industry and here's a place where subsidiarity and solidarity could be used to boost part of Wyoming's economy. Turns out that this legislative session it was addressed in the following fashion:
ORIGINAL HOUSE ENGROSSED
BILL NO. HB0054
ENROLLED ACT NO. 30, HOUSE OF REPRESENTATIVES
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 GENERAL SESSION
AN ACT relating to agriculture and economic development; amending the duties of the Wyoming business council to require support for Wyoming producers in the agriculture and meat processing industry; expanding permissible loans and grants to Wyoming meat producers and processors; limiting state rulemaking authority related to meat processing; authorizing rulemaking; requiring a report; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑12‑109(b) and by creating new subsections (c) and (d), 35‑7‑123(a)(iii) and 35‑11‑112 by creating a new subsection (g) are amended to read:
9‑12‑109. Promotion of agriculture.
(b) The council shall meet not fewer than two (2) times per year to solicit input from industry groups, and in consultation with the economically needed diversity options for Wyoming (ENDOW) executive council the department of agriculture and the Wyoming governor's office to:
(i) Develop Maintain a strategy to create small regionally located beef meat processing plants inspected by the United States department of agriculture or Wyoming department of agriculture and mid‑to‑large sized processing plants for in‑state, interstate and international sales;
(ii) Market Wyoming grown or produced agricultural products in‑state, regionally, nationally and internationally, through market development, trade shows and social media and other media outlets;
(iii) Enhance the council's website to promote Wyoming grown or produced agricultural products including match making services between key food system partners;
(iv) Contingent on available funds, provide loans or grants to be used to fund infrastructure for mid‑sized meat processing plants for international, in‑state and interstate sales. Loans or grants under this paragraph shall: be:
(A) Limited to Provide funding to create, maintain or expand infrastructure for plants processing meat products for export and for international, in‑state or interstate sale;
(B) Be provided through a program administered by the council, including the Wyoming business ready community program, and subject to all applicable statutes and rules governing the program.
(v) Coordinate strategies to improve meat processing facilities and capabilities in Wyoming, including by providing technical assistance or expertise to assist producers and processors with constructing, maintaining, expanding, marketing and seeking federal grants and loans.
(c) Any meat processing facility receiving assistance under this section shall comply with all applicable state and federal regulations.
(d) The council shall submit a comprehensive report of the programs, objectives, activities and conditions covering the previous fiscal period to the joint agriculture, state and public lands and water resources interim committee not later than October 1 annually.
35‑7‑123. Establishment of food safety system.
(a) The director of the department of agriculture shall establish and maintain a food safety program located within the department. The director shall carry out the provisions of the food safety program and shall be assisted by the director of the department of health. A local department of health, if established according to law, may establish and maintain its own local food safety program so long as the program meets the requirements of this act. The director of the department of agriculture or his designee shall:
(iii) Regulate the safety of foods and work together with the department of health and the governor's food safety council established pursuant to W.S. 35‑7‑127 to promulgate rules and regulations necessary to carry out the provisions of this act, except that the director of the department of agriculture shall not promulgate any rules which impose standards or requirements related to meat processing which are more stringent than federal law, rules or regulations. In any area which does not have a local food safety program established pursuant to law, the department shall issue licenses, conduct inspections, hold hearings to enforce any legal provision or rule promulgated under this act;
35‑11‑112. Powers and duties of the environmental quality council.
(g) The council shall not promulgate any rules which impose standards or requirements related to meat processing which are more stringent than federal law, rules or regulations.
Section 2. The Wyoming business council may promulgate rules as necessary to carry out the purposes of this act.
Section 3.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2021.
(b) Section 2 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
Well, it's something, but not much.
I've argued the state should directly invest in this industry. It's my prediction that, while this bill is better than nothing, it won't do much.
Another one is in state tuition for members of the Wyoming National Guard.
ORIGINAL HOUSE
BILL NO. HB0021
ENROLLED ACT NO. 35, HOUSE OF REPRESENTATIVES
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 GENERAL SESSION
AN ACT relating to defense forces and affairs; extending existing preference for entry into academic programs based on Wyoming residency to current nonresident Wyoming national guard members; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21‑24‑201 is created to read:
CHAPTER 24
MILITARY STUDENTS AND STUDENTS OF MILITARY FAMILIES
ARTICLE 2
ADMISSION REQUIREMENTS AND PREFERENCES
21‑24‑201. Extension of residential requirement for admission.
For admission into an academic program or a course of study, if the University of Wyoming or any Wyoming community college, vocational, technical or trade school, other secondary educational institution or school district gives a preference or benefit to Wyoming residents, the same preference or benefit shall be extended to any current Wyoming national guard member regardless of the member's state of residence. This section applies when Wyoming residency is required for selection by or entry into a program. This section does not apply for calculating tuition or fees.
Section 2. This act is effective July 1, 2021.
(END)
As a disclaimer, I was a member of the Wyoming National Guard for six years and I'll never regret that.
Having said that, this bill fits into yet another example of how we can foolishly lose money. The university isn't exactly flush with cash right now, nor are the community colleges, and while the number of people this will apply to is small, ever penny counts.
I don't know how many out of state Guardsmen there are, but there will be some. The reason is that: 1) some live in Colorado, where they also work, but are in a relatively nearby Wyoming Guard unit and 2) they moved to Wyoming to attend university and were already in their home state's Guard and had to transfer.
I appreciate their Guard service but I frankly don't see why that entitles an out of state resident to in state tuition. Apparently the legislature does, however.
This is the second bill this session that extends benefits to service members or their families that are poorly thought out. The other one lets licensed professional spouses of service members who move in evade Wyoming licensure laws simply because they're married to a service member. If being qualified simply by marriage is a real qualification, there are no real qualifications at all.
While we're at it, the legislature passed a bill on WICHE funding which appears to have the results of requiring recipients to return to Wyoming upon the completion of their funding.
No doubt the legislators, who approved this overwhelmingly, were of the mind that this was good for the state but its bad for the students. The hope was always that most of them would, and they're all holders of professional degrees, but now it means they're essentially slaves to the state. As the state doesn't directly employ many of them, it will mean that those who have received such funding can now look forward to depressed wages as their first employers will know that there's a pool of applicants whose supply will exceed demand, and who have nowhere else to go.
As earlier noted, the Governor signed the budget.
Governor Gordon Signs Supplemental Budget to Ensure Wyoming Lives Within Its Means
CHEYENNE, Wyo. – Governor Mark Gordon signed a supplemental budget that includes more than $430 million in cuts and maintains the Governor’s commitment that the state continues to live within its means. He complimented the Legislature for taking a fiscally responsible approach and passing a budget bill that aligns closely with the budget he proposed in November.
“Despite an epic decline in revenue we were able to maintain some crucial programs while making some modest but integral one-time investments,” the Governor wrote in his budget letter. “The budget does set our state back by eliminating valuable programs and services, and some of the impacts of the cuts we have had to make will be felt by those who are already struggling; but it is our constitutional duty to right-size our government based on revenues.”
Governor Gordon initially proposed cutting state funding by more than $500 million, but the revenue forecast improved in January. The new budget includes the elimination of 324 state positions and reduces the size of state government to its smallest level since the early 2000s.
This budget restores a modest amount of funding to several Wyoming Department of Health programs for seniors, the disabled, low-income residents and those requiring mental health services. It also restores $8 million in funding to the University of Wyoming and the state’s Community Colleges to support the Governor’s Wyoming Innovation Network initiative.
“WIN is an ambitious effort to supercharge all of Wyoming’s post-secondary work by combining the best ideas that can strengthen the state’s workforce, promote entrepreneurship and actively support economic growth and diversification,” the Governor wrote. “I applaud you for giving our higher education system a minor reprieve from deeper cuts for this year.”
The Governor used his authority to issue several line item vetoes, including items that represent substantive lawmaking in the budget bill and those that present separation of powers concerns. He noted that this is the fewest line-item vetoes he has issued since taking office and offered his thanks to the 66th Legislature.
The Governor’s budget letter explaining his vetoes follows, and can be found here.
April 1, 2021
The Honorable Eric Barlow,
Speaker of the House of Representatives,
200 West 24th Street
State Capitol Building
Cheyenne, WY 82002
Dear Speaker Barlow,
Today’s signing of the supplemental budget marks the end of an arduous but necessary task by many. This budget and the earlier cuts I made in 2020 reflect our shared commitment to the goal of living within our means. I thank you and all the members of the 66th Legislature for the close scrutiny you gave the $500 million in reductions I proposed, and for bearing in mind the negative impacts on services these cuts will cause. These are not easy decisions to make, but this discussion on the fundamental question of the role of government has been a necessity. Now, as more reductions are implemented, the debate will continue.
Despite an epic decline in revenue, we are able to maintain some crucial programs while making some modest but integral one-time investments. These come at a cost, I realize, but I thank you for setting aside money so Wyoming can take the next step in carbon capture utilization and storage, and for ensuring we have funds for key legal actions to defend Wyoming’s interests. These dollars allow us to continue to fight for our oil, gas, coal, uranium, wind and mining industries while investing in transformational technologies, agriculture, and other diversifying elements of Wyoming’s evolving economy. These decisions require foresight.
Additionally, I thank you for giving our higher education system a minor reprieve from deeper cuts for this year. Your action recognizes the importance of a collective, organized post-secondary education system embodied in the new Wyoming Innovation Network (WIN), which was created in collaboration with our community colleges and the University of Wyoming. WIN is an ambitious effort to supercharge all of Wyoming’s post-secondary work by combining the best ideas across Wyoming’s institutions that can strengthen the state’s workforce, promote entrepreneurship, and actively support economic growth and diversification. Moreover, this effort will help folks faced with changing work circumstances add to their skills and education, ultimately retaining our workforce and modernizing the deliverables of education.
The budget does set our state back by eliminating valuable programs and services, and some of the impacts of the cuts we have had to make will be felt by those who are already struggling; but it is our constitutional duty to right-size our government based on revenues. We are not adding debt for future generations with this budget. However, we cannot rest assured our troubles are over since revenues were already in decline before the global pandemic arrived. I believe we all agree that some of the programs considered for elimination this year, but spared, may need to end next year. Unhappily, some of these services will weigh heavily on the elderly and the disabled. One cannot relish that chore, but as we continue to see our revenues decline, we must continue to evaluate the role of government and what we can afford. Those decisions will affect the level of services the public has come to expect and remind us all of the fact we are fortunate that we can continue to pay very low taxes thanks to the disproportionate share we levy on our mineral industries.
Specifically, I appreciate your work to fine tune the spending for the final year of the biennium. These vetoes represent the fewest line-item vetoes I have needed to execute in my time as Governor.
Thank you again for your efforts. With my signature, House Bill 001, House of Representative Enrolled Act 45 has the following line-item vetoes:
Section 006 Administration and Information Footnote 4
The Department of A&I has committed to making cuts to the state leasing program. A&I has been working diligently on this process and will have it fully implemented in the upcoming biennial budget. I have struck the prescriptive language because, on a practical note, an emergency or unanticipated leasing necessity could require more flexibility. Nevertheless, it remains the intent of the executive branch to reduce our leasing budget by 28%.
Section 007 Wyoming Military Department Footnote 4
The management of the Veterans Museum was transferred from the Department of State Parks and Cultural Resources to the Military Department in a single-subject piece of legislation in 2008. If the legislative intent is that the responsibility for management of the museum returns to State Parks, mandating an MOU represents substantive lawmaking within the budget bill. A transfer of responsibility or authority for any particular program is appropriately the subject of a stand-alone bill. Even so, for the time being the Military Department is committed to working with State Parks for the operation and administration of the Veterans Museum and this can be codified with a stand-alone bill next year.
Section 024 State Parks & Cultural Resources Footnote 8
This conforms with the change to the Military Department budget. This footnote presents substantive law-making within the budget bill. I support making this change in a stand-alone bill next year, but until then the Military Department is committed to working with State Parks and Cultural Resources for the operation and administration of the Veterans Museum.
Section 027 State Construction Department Footnote 2
The review and performance assessment of individual employees in state agencies is the exclusive responsibility of the Executive Branch and the authority of the Legislative Branch does not extend to the review and assessment of Executive Branch employees. Since your expressed intent relates to a matter for which you have no authority now or in the future, I have vetoed this footnote.
Section 053 Department of Workforce Services Footnote 2
The Department of Workforces Services is committed to working with the Wyoming Business Council for the operation and administration of the Wyoming Council for Women’s Issues. Work is already underway to execute an MOU for the two agencies. However, mandating such an agreement transfers the authority to administer the Wyoming Council for Women’s Issues to a different agency and therefore represents substantive lawmaking within the budget bill. It is appropriately the subject of a stand-alone bill and I commit to work with you to develop such a bill next year.
Section 085 Wyoming Business Council Footnote 1
This conforms with the change to the Department of Workforce Services budget. The required MOU represents substantive law-making within the budget bill. These changes are appropriately the subject of a stand-alone bill. The Department of Workforces Services is committed to working with the Wyoming Business Council for the operation and administration of the Wyoming Council for Women’s Issues.
Section 206 Department of Education Footnote 2
This vetoed language is overly prescriptive in directing how an Executive Branch agency functions when it comes to making staffing, workforce and resource allocation decisions, and therefore raises separation of powers concerns. For instance, if the Board of Education wanted to pay this contractor less than $136,890 it could not or if the Board wanted to hire two contractors for $68,445 each to work part-time the Board could not if this footnote remains.
Section 3
Careful inspection of the vetoed portion of this section seems especially appropriate on April 1. This veto conforming to the veto I made to Section 300, requires an especially artful and careful -- if clever -- use of red ink.
Section 300 - Budget Balance Transfers (p)
Subsection (p) directs the State Auditor’s office to transfer the balance of the Wyoming State Penitentiary Capital Construction Account in equal parts to the Permanent Wyoming Mineral Trust Fund and the Common School Account within the Permanent Land Fund. The State Penitentiary Capital Construction Account was created in 2017 as a sub-account of the Strategic Investment and Projects Account (SIPA). While I am in favor of repealing the SIPA, I believe this account needs to be part of an interim topic discussion and therefore the transfer should not happen at this time.
With the passage of this supplemental budget, we now must embark on the hard work of creating our next standard budget. I look forward to presenting it to you in November. There are a couple of items I would like to raise now so they are on your radar. First, part of the Department of Corrections’ budget cut was brought forward with the understanding that a separate bill would raise fees to help pay for the cost of probation and parole officers. These are key positions for public safety; however that fee increase did not pass. This is unfortunate and seems ill-timed placing unrealistic burdens on the department to man yet not fully pay for the positions allowed. I will be seeking to use federal American Rescue Plan dollars for these positions or in the budget next year I will be asking for a provision that enables funding to those positions, which you did restore. I will ask that they be effective immediately.
Lastly, I appreciate and applaud our joint efforts to bring more transparency and accessibility to the Executive and Judicial branch budgets over the past couple of years. More than anything, thank you again for your diligence and service to our wonderful state during trying times. It has been an honor to work with you for the greater good of the people of this glorious state.
Sincerely,
Mark Gordon
Governor
cc:
The Honorable Secretary of State, Edward Buchanan,
The Honorable Dan Dockstader, President of the Senate
Chief Clerk, Wyoming Senate
Chief Clerk, Wyoming House of Representatives
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April 3, 2021
To date, the Governor has signed 70 bills, and vetoed one.
Governor Gordon Takes Action on 11 Bills on Friday, April 2
CHEYENNE, Wyo. – Governor Mark Gordon took action on 11 bills on Friday, April 2. The Governor signed the following bills into law today:
Bill #
Enrolled Act #
Bill Title
HB0091
HEA0032
Removal of unenforceable property covenants
HB0057
HEA0033
Advance enrollment
HB0107
HEA0043
Retirement system-efficient disbursement method
HB0122
HEA0046
Hunting and fishing access-reliable funding
HB0052
HEA0047
Wyoming school protein enhancement project
SF0088
SEA0025
Ownership of fossils and artifacts
SF0074
SEA0026
Athletic trainer revisions
SF0124
SEA0032
Defending Wyoming business-trade and commerce amendments
HB0039
HEA0036
Optometrist practice act amendments.
The Governor vetoed the following bill:
SF0093
SEA0019
WICHE repayment program-veterinary medicine students
A copy of the Governor’s veto letter can be found here.
The full list of bills the Governor has taken action on during the 2021 Legislative Session can be found on the Governor’s website.
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SF00093 would have required veterinary students tp "repay" being in the WICHE program by being required to return to Wyoming to practice.
While at first blush that seems fair and equitable, the Governor's veto message correctly noted that it would have been unfair to those currently in the program who were not subject to that requirement when they enrolled in it. The new requirement would have required those close to graduation to potentially make radically new plans that had developed during their years of study. The Governor's veto bill suggested he wanted the bill to return next session, in the interim, with amendments that would take that situation into account.
April 4, 2021
A bill to require any decisions by the Game & Fish to close feeding grounds, which would principally be the elk feeding ground outside of Jackson, to the State Livestock Board for a final decision.
The logic of the bill is that such a closure would force elk on to private ground, which is no doubt correct. The entire matter is a good example of the law of unintended consequences at work.
Elk came to be fed outside of Jackson in the first place as ranchers took pity on them in the winter. Over time the feeding was turned over to the state which has maintained it and the elk have acclimated to it.
The trouble is that its an unnatural winter concentration of elk that not only subjects the state to the oddity of feeding a wild animal, but it encourages the spread of disease. Brucellosis was noted as a problem in prior years and now Chronic Wasting Disease, something that came into Wyoming thanks to a Colorado game ranch, something Wyoming doesn't allow. Some environmental groups have argued for the closure of the grounds for years, but there can be no doubt that it would be a disaster the first year. Tourists would be horrified, residents of Jackson would have elk in town, and hunters would be upset about the reduction of the size of the herd . Indeed, the oncoming winter disaster would be a good reason to give out a very large number of elk tags for a few years prior to try to reduce the numbers beforehand.
Anyhow, the irony is that agricultural interests are worried, for good reason, what closing the feedgrounds that they got started, for good reason, would mean.
This also pits the Game & Fish in an argument they probably don't need. As late as today's paper they're taking heat from comments by their direction regarding mineral development being complimentary to wildlife management. Wildlife management is a lot like farming, I'd note, it's a spectator sport. Everyone has an opinion on it, even those who never go outdoors, and everyone feels they're an expert on the topic.
April 6, 2021
The Governor signed another set of bills into law.
Governor Gordon Takes Action on 32 Bills on Monday, April 5
CHEYENNE, Wyo. – Governor Mark Gordon took action on 32 bills on Monday, April 5. The Governor signed the following bills into law today:
Bill No. | Enrolled Act # | Bill Title | |||
HB0115 | HEA0048 | Big or trophy game animal-minimum hunting age. | |||
HB0144 | HEA0049 | Electric vehicle fee updates. | |||
HB0133 | HEA0050 | Online sports wagering. | |||
HB0112 | HEA0051 | Pioneer trapper license. | |||
HB0101 | HEA0052 | Elk feedground closings-requirements. | |||
HB0085 | HEA0053 | Unlawful dissemination of an intimate image. | |||
HB0068 | HEA0054 | Wyoming Statutory Foundation Act-amendments. | |||
HB0010 | HEA0055 | COVID-19 large business relief program. | |||
HB0038 | HEA0056 | Community behavioral health-priority populations. | |||
HB0073 | HEA0057 | Birth certificates-gestational agreements. | |||
HB0095 | HEA0058 | Game road kill. | |||
HB0102 | HEA0059 | Wyoming Preference Act of 1971-amendments. | |||
HB0041 | HEA0060 | Intrastate crowdfunding exemption-amendments. | |||
HB0043 | HEA0061 | Digital assets-amendments. | |||
HB0179 | HEA0062 | Optional municipal tax-election. | |||
HB0195 | HEA0063 | Wyoming medical review panel-repeal. | |||
HB0197 | HEA0064 | Connect Wyoming program-federal funding. | |||
HB0198 | HEA0065 | University water system. | |||
SF0117 | SEA0033 | Speech and hearing specialist licensing amendments | |
SF0148 | SEA0034 | Requirements relating to depositors-amendments. | |
SF0047 | SEA0036 | Clinical laboratory regulation. | |
SF0044 | SEA0037 | Solid waste cease and transfer program funding. | |
SF0033 | SEA0038 | Physician assistants amendments. | |
SF0013 | SEA0039 | Abandoned vehicles-towing service liens and titles. | |
SF0155 | SEA0040 | Limiting firearm seizure and regulation during emergencies. | |
SF0120 | SEA0041 | Investment of state non-permanent funds. | |
SF0115 | SEA0042 | Education-pupil teacher contact time. | |
SF0109 | SEA0043 | Board of dental examiners-amendments. | |
SF0056 | SEA0044 | Wyoming gaming commission-modifications and corrections. | |
SF0052 | SEA0045 | Insurance-mental health and substance use parity. | |
SF0089 | SEA0046 | Public utility safety lights. | |
The Governor allowed the following bill to go into law without his signature.
SF0050 | SEA0035 | COVID-19 business relief programs agriculture. |
A letter explaining the Governor’s action on SF 50 can be found here.
The full list of bills the Governor has taken action on during the 2021 Legislative Session can be found on the Governor’s website.
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April 8, 2021
Governor Gordon signed Senate File 03, a resolution on President Biden's oil and gas exploration hiatus on Federal lands. It reads:
ORIGINAL SENATE ENGROSSED
JOINT RESOLUTION. SJ0003
ENROLLED JOINT RESOLUTION NO. 1, SENATE
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 GENERAL SESSION
A JOINT RESOLUTION requesting Congress and the federal government to reverse federal orders and actions that inhibit the safe development of oil and gas in Wyoming and that negatively and disproportionately impact Wyoming citizens and industries.
WHEREAS, the state of Wyoming contains abundant and vast natural resources that are and can be used for the production of energy throughout the United States and world; and
WHEREAS, Wyoming produces energy that benefits consumers and industries throughout the United States; and
WHEREAS, the energy industry in Wyoming provides millions of dollars in taxes and other revenues annually to the state of Wyoming; and
WHEREAS, the state of Wyoming and the energy industry have worked together for years to develop Wyoming's energy resources in a safe and environmentally responsible manner, including the development of technologies to promote the responsible development and use of Wyoming energy; and
WHEREAS, the federal government owns almost one-half (1/2) of the surface acreage within the state of Wyoming and more than forty-two million (42,000,000) acres of mineral estate in Wyoming; and
WHEREAS, federal decisions and actions banning, pausing or significantly reducing the production of energy negatively impact the economy of Wyoming and the livelihoods and well-being of Wyoming's residents; and
WHEREAS, President Joseph R. Biden, Jr. signed Executive Order No. 13,990 on January 20, 2021, which requires the federal Secretary of the Interior to unilaterally stop all federal leasing of oil and gas resources in Wyoming; and
WHEREAS, President Biden signed Executive Order No. 14,008 on January 27, 2021, which indefinitely pauses oil and natural gas leasing and calls for a comprehensive review of federal oil and gas permitting and leasing practices to evaluate potential climate impacts; and
WHEREAS, the President and various federal agencies have, since January 20, 2021, taken actions and issued orders to limit actions, permits and leases for oil and gas production, including a Department of the Interior order that revoked authority for issuing fossil-fuel authorizations, leases, permits to drill and the affirmative extension of leases and contracts; and
WHEREAS, these executive actions will lead companies to pursue energy development in other parts of the world where energy resources are not as environmentally responsible and where responsible energy regulations are lacking to where a net negative impact on climate emissions may likely result; and
WHEREAS, these executive actions severely and negatively affect the value of property held by the state and citizens of Wyoming in areas affected by these orders due to the fact that federal property is intermingled with private and state lands and oil and gas development often involves lateral drilling techniques which cross several classes of property; and
WHEREAS, these executive actions will adversely impact and jeopardize the employment of at least twenty thousand (20,000) Wyoming citizens who directly or indirectly work in oil, gas and related industries representing over seven percent (7%) of the total employment in Wyoming; and
WHEREAS, these executive actions may result in negative impacts to Wyoming's diverse wildlife and habitat, including a decreased ability to mitigate wildlife impacts, increased development on currently undisturbed lands and a decrease in quality habitat reclamation work; and
WHEREAS, these executive actions are causing immediate, disproportionate and extensive harm to the state of Wyoming and will inflict lasting damage on Wyoming residents, industries and the critical services upon which Wyoming residents depend.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:
Section 1. That the President of the United States rescind, reverse or repeal the executive orders that were issued in January 2021 that suspend or pause leasing, permitting, extensions and authorizations of oil and gas development in Wyoming and that will have an adverse impact on climate change and Wyoming's wildlife and habitat resources while inflicting irreparable and disproportionate harm on the state of Wyoming.
Section 2. That the President of the United States direct all federal agencies to rescind, reverse or repeal any secretarial orders or actions that negatively impact responsible energy and energy technology development in Wyoming, including Department of the Interior Secretarial Order No. 3395.
Section 3. That the Wyoming Legislature strongly opposes actions by or that direct federal agencies, including the federal Environmental Protection Agency, to unilaterally increase the burden on existing oil and gas companies in Wyoming and to increase the burden on those companies' facilities in Wyoming in an attempt to achieve climate-related goals that are unrealistic and that disproportionately impact the people of Wyoming.
Section 4. That the Wyoming Legislature strongly supports the efforts of the Wyoming congressional delegation to prevent the President and the federal executive branch from unilaterally issuing suspensions and moratoriums on energy development in Wyoming, including the Protecting Our Wealth of Energy Resources (POWER) Act of 2021 and the Safeguarding Oil and Gas Leasing and Permitting Act.
Section 5. That the Wyoming Legislature strongly encourages further congressional action to protect responsible leasing and permitting of oil and gas in Wyoming and to protect Wyoming's residents, energy industry and other industries that are negatively impacted by these executive actions.
Section 6. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the Acting Secretary of the Department of the Interior, to the Acting Administrator of the federal Environmental Protection Agency, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation.
(END)
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Speaker of the House |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the Senate.
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Chief Clerk |
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