Khrushchev reminds me of the tiger hunter who has picked a place on the wall to hang the tiger's skin long before he has caught the tiger. This tiger has other ideas.John F Kennedy
Lex Anteinternet: 2022 Wyoming Legislative Session. Part II. Red Mea...: Yesterday we noted, and quoted for the first time in the long-running (seven months) first part of the 2022 series on the legislature, some ...
On the same day, Governor Noem of South Dakota signed into law a bill that achieves the same goals, more or less.
In other news, Wyoming Senator Bo Biteman told a Chamber of Commerce meeting that he is going to introduce legislation calling for a Constitutional Convention.
This is sort of a perennially popular idea with some conservatives who don't seem to realize that once, called, the convention can do anything. Proof of this is the Constitution itself, as that convention was called merely to fix the Articles of Confederation.
Happy in that belief, conservatives imagine that the convention would gather and pass a balance budget amendment. Based on the spirit of the times when it gathered, however, it might do damage to democracy, or it might enshrine a right to bodily privacy (abortion) in the text, or wipe out the Second Amendment.
February 8, 2022
A bill has been introduced to reimburse oil and gas and coal producers the increased amounts they have to pay in increased royalties from state proceeds that are drawn from the state's share of those funds.
Once again, a state which is short of money is finding a way to have less of it. This bill is supposed to send a message to the Federal Government, but the message it may be sending might not be the one Wyomingites really want it to receive.
Another to create a runoff system has been introduced, something that has been kicked around since the 2018 election when populists felt that they were cheated in the Governor's race by losing that election when two populist candidates, the late Foster Freiss and Harriet Hageman took votes from each other.
February 9, 2022
A bill has been introduced to do away with the 2/3s requirement to introduce a bill in the budget session. It would require an amendment to the state constitution in order to achieve this.
February 11, 2022
An Educational Transparency Bill has been introduced that would require each school district to list its curriculum materials by grade level and subject.
February 11, 2022, cont
A bill calling for a constitutional convention has been introduced. It will fail.
In terms of education, a bill banning the teaching of "critical race theory" has been introduced.
A bill to rename Wyoming Boulevard, a section of state highway, the Donald J. Trump Highway has been introduced. It will fail.
This is a budget session, and we're seeing the introduction of bills that would fail in the regular session. Introducing them in the budget session is a guaranteed failure, which in a way may serve its own purpose. The House members associated with these bills are all populists. Some Senators appear, but notably absent is Sen. Bouchard, while notable present is Rep. Gray. The two were fellow travelers up until Gray announced for the House.
February 12, 2022
A bill has been introduced which would make abortions illegal, save for protecting the life of the mother, hinged on the Supreme Court overruling Roe v. Wade. Whatever a person thinks of the issue, that it would be brought up in this session makes sense.
Another bill has been introduced to create a certificate of biliteracy for graduating high school students who are proficient in more than one language.
A bill has been introduced which would recognize those discharged from the armed forces for refusing to receive COVID 19 vaccines as honorably discharged.
February 13, 2022
Senate File 64 makes an attempt to extend the viability of existing coal-fired power plants through the following amendments to an existing statute.
37‑3‑117. Limitation for recovery of costs associated with electric generation built to replace retiring coal-fired generation facility.
(a) Notwithstanding any other provision of this chapter:
(ii) In addition to the requirements of paragraph (i) of this subsection, any electric public utility seeking to retire a coal‑fired electric generation facility shall make a good faith effort to sell the facility to a person who would install and operate carbon capture, utilization and storage technology at the facility;
(ii)(iii) The rates charged by an electric public utility, other than a cooperative electric utility, shall not include any recovery of or earnings on the capital costs associated with new electric generation facilities built, in whole or in part, to replace the electricity generated from one (1) or more coal fired electric generating facilities located in Wyoming and retired on or after January 1, 2022, unless the commission has determined that the public utility that owned the retired coal fired electric generation facility made a good faith effort to sell the facility to another person prior to its retirement in accordance with paragraphs (i) and (ii) of this subsection and that the public utility did not refuse a reasonable offer to purchase the facility or the commission determines that, if a reasonable offer was received, the sale was not completed for a reason beyond the reasonable control of the public utility.
37‑18‑102. Energy generation portfolio standards; reporting requirements; rate recovery and limitations.
(a) Consistent with the objective of ensuring Wyoming electric utilities maintain access to reliable and cost effective electric generation resources and subject to subsection (f) of this section, the public service commission shall establish by rule energy portfolio standards that will maximize the use of dispatchable and reliable low‑carbon electricity. In establishing standards, the commission:
(f) Any public utility that elects to install and operate carbon capture, utilization and storage technology at an otherwise retiring coal‑fired electric generation facility in accordance with W.S. 37‑3‑119(c)(i) or (ii) shall be deemed to have complied with any standards established under this section.
Section 3. The public service commission shall promulgate all rules necessary to implement this act.
Section 4. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
February 14, 2022
And, this morning the wheels go up and the airship of state takes off, as the legislature convenes.
Okay, bad metaphor, but nonetheless.
February 15, 2022
Governor Gordon's State of the State Address and Justice Fox's the State of the Judiciary:
February 15, 2022, cont.
A bill has been introduced to "decriminalize" possession of marijuana. It actually doesn't, but makes the penalties minor up to certain amounts. The bill has a substantial number of sponsors, so it has a chance of actually passing during the budget session.
The bill seeking to incentivize film productions in Wyoming failed.
The House refused to convene a committee to look into Rep. Zwonitzer's residency, deeming his residency to comply with the rules of the legislature.
February 18, 2022
A bill that would freeze party affiliations prior to primaries at three months' prior has secured introduction.
This bill failed in a prior legislature. It's strongly favored by the populist wing of the party. It oddly received an endorsement from former President Trump yesterday, which if nothing else either shows how closely his camp is following state legislatures or how closely some in the Wyoming GOP are in contact with it. The sponsor, however, stated he was unaware of the endorsement.
Candidate Harriet Hageman also endorsed the bill, calling the practice of late party switching "unethical". Whether its ethical or not, I suspect that if the bill passes it will end up in litigation as to its constitutionality.
The Senate introduced a bill that would ban the teaching of critical race theory in Wyoming's schools, while the House declined to introduce one which was more specific on the topic.
A bill altering the mining bonding requirements to allow putting funds on deposit with the State Treasurer in a dedicated trust account, secured introduction.
A bill that would have required employers to accommodate unvaccinated employees failed to secure introduction.
February 19, 2022
The redistricting bill moved forward.
A bill extending money for the yet unsuccessful effort of sagebrush farming was introduced. Hopes are that the entity attempting it is close to success.
The bill requiring school age athletes competing in school sports to compete in the category consistent with their genetic gender survived its initial vote.
February 20, 2022
Three bills that address abortion have advanced and therefore will receive committee hearings.
A second critical race theory bill (there were three) has also survived and will receive committee hearings.
February 21, 2022
The bill to rename Wyoming Blvd died.
February 24, 2022
The bill to ban "cross over" voting advanced after being reassigned to the agriculture committee.
A bill banning the teaching of "critical race theory" passed the Senate and has gone on to the House.
Bills restricting abortion have passed committee.
February 26, 2022
Senate File 102 has passed the Senate. It provides:
SENATE FILE NO. SF0102
Second Amendment Protection Act.
Sponsored by: Senator(s) Hicks, Cooper, Dockstader, Driskill, Kinskey, Kolb, Kost, Nethercott and Steinmetz and Representative(s) Burkhart, Greear, Haroldson, Jennings, Neiman, Olsen, Styvar and Washut
A BILL
for
AN ACT relating to the regulation of firearms and the protection of constitutional rights; providing a declaration of authority; prohibiting the enforcement of federal regulation of firearms by state officials; providing penalties; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑14‑201 through 9‑14‑203 are created to read:
ARTICLE 2
SECOND AMENDMENT PROTECTION ACT
9‑14‑201. Short title.
This article shall be known and may be cited as the "Second Amendment Protection Act."
9‑14‑202. Declaration of authority.
(a) The Second Amendment Protection Act is enacted under the authority of the second and tenth amendments to the United States Constitution, article 1, section 24 of the Wyoming Constitution, Wyoming's agreement with the United States that the state adopted when it joined the Union under the United States Constitution's system of dual sovereignty, and Printz v. United States, 521 U.S. 898 (1997).
(b) The legislature further declares that the authority for W.S. 9‑14‑201 through 9‑14‑203 is provided by the findings in W.S. 6‑8‑406.
9‑14‑203. Prohibiting the enforcement of federal regulation of firearms; penalties; defense of Wyoming citizens.
(a) This state and all political subdivisions of this state are prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming or any other source of funds that originated within the state of Wyoming to enforce, administer or cooperate with any unconstitutional act, law, treaty, executive order, rule or regulation of the United States government that infringes on or impedes the free exercise of individual rights guaranteed under the Second Amendment to the Constitution of the United States.
(b) Nothing in this act shall limit or restrict a public servant, as defined in W.S. 6‑5‑101(a)(vi), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit Wyoming governmental entities from accepting federal funds for law enforcement purposes.
(c) Any public servant, as defined in W.S. 6‑5‑101(a)(vi), who knowingly violates subsection (a) of this section shall be subject to the misdemeanor penalties in W.S. 6‑8‑405(b). As used in this subsection, the penalties in W.S. 6‑8‑405(b) shall be applied to public servants.
Section 2. This act is effective July 1, 2022.
(END)
| 1 | SF0102 |
The bill, as it prohibits poilice officers from enforcing an unconstitional law by definition, literally does nothing whatsoever. All statutes are presumed constitutional until a court rules otherwise, and no statute ruled unconstitional can be enforced.
March 1, 2022
A Sentate amendment to the budget cut the funding for UW's gender studies program.
March 4, 2022
The Senate amended the redistricting map so that now the House and Senate versions do not match. The Senate version might, according to some, result in court challenges as well. If I understand it correctly, which I might not, it reduces some split districts and prevents an expansion in the number of legislators.
March 5, 2022
Funding for the women's and gender studies department was restored in a compromise that requires the department to report on its general requirements to the legislature.
The oil & gas rebate bill died.
Of some potential interest, Utah's legislature passed a bill on transgender atheletes but the Governor indicated that he will veto it. A smiliar bill is pending in the Wyoming legislature and one passed the South Dakota legislature and was signed into law this year.
March 8, 2022
The Governor signed the first bills from the session to reach his desk into law.
Governor Gordon Takes Action on Eight Bills on Monday, March 7
CHEYENNE, Wyo. – Governor Mark Gordon took action on eight bills on Monday, March 7. The Governor signed the following bills into law today:
Bill No.
Enrolled Act #
Bill Title
SF0023
SEA0001
Nursing home administrators.
SF0031
SEA0002
Absenteeism and truancy.
SF0002
SEA0003
Legislative budget.
SF0029
SEA0004
Liability for governmental healthcare providers-amendment.
SF0024
SEA0005
Pharmacist and pharmacy technician practice.
SF0039
SEA0006
Firemen's pension plan benefits.
HB0009
HEA0001
Economic development programs-tribal inclusion.
HB0046
HEA0005
Partnership challenge loan program-amendments.
The full list of bills the Governor has taken action on during the 2022 Legislative Session can be found on the Governor’s website.
-END-
It's interesting to note that bills that are passed are frequently ones that have received little attention, which makes sense as they aren't the controversial ones.
In controversial ones, the transgender atheltics bill failed due to time constraints on bills.
Karlee Provenza, D-Laramie, confronted Susan Gore after a Minerals hearing about the New York Times report that Gore funded spying on various membes of the legislature, including Provenza. Gore has denied the allegations.
Gore has been a major influence on Wyoming politics due to her finances. Whe's not from Wyoming but has moved in, and is a major backer of the Wyoming Liberty Group.
The Senate defeated a bill that would have created criminal penalties for pregnant women who used certain illegal drugs. Surprisingly, Anthong Bouchard, who is highly conservative, spoke against the bill, indicating that it'd compound the tragedy the topic entails and the focus should be on treatment, a quite liberal position.
March 8, cont.
|
Bill No. |
Enrolled Act # |
Bill Title |
|
HB0021 |
HEA0002 |
Repealing exemption for
one-way pagers. |
|
HB0030 |
HEA0003 |
School finance-increasing
cash reserves. |
|
HB0037 |
HEA0004 |
Juvenile justice data
reporting. |
|
HB0059 |
HEA0006 |
Worker's
compensation-COVID-19. |
|
HB0070 |
HEA0007 |
Digital identity
protection. |
|
HB0086 |
HEA0008 |
Genetic data
privacy-amendments. |
|
HJ0001 |
HEJR0001 |
Supreme court justices and
district judges-retirement. |
|
SF0059 |
SEA0007 |
Game and fish
fund-investments. |
|
SF0058 |
SEA0008 |
Wyoming council for
women's issues-workforce services. |
|
SF0057 |
SEA0009 |
Chancery court vacancy
amendments. |
|
SF0046 |
SEA0010 |
Solid waste cease and
transfer program funding. |
|
SF0045 |
SEA0011 |
Military department-annual
report. |
The full list of bills the Governor has taken action on during
the 2022 Legislative Session can be found on the Governor’s
website.
-END-
HJ0001 is a proposal to raise the judicial retirement age to 75. It reads as follows:
ORIGINAL HOUSE
JOINT RESOLUTION. HJ0001
ENROLLED JOINT RESOLUTION NO. 1, HOUSE OF REPRESENTATIVES
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 BUDGET SESSION
A JOINT RESOLUTION proposing to amend the Wyoming Constitution by amending the retirement age requirements for Wyoming supreme court justices and district court judges.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING, two-thirds of all the members of the two houses, voting separately, concurring therein:
Section 1. The following proposal to amend the Wyoming Constitution, Article 5, Section 5 is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:
Article 5, Section 5. Voluntary retirement and compensation of justices and judges.
Subject to the further provisions of this section, the legislature shall provide for the voluntary retirement and compensation of justices and judges of the supreme court and district courts, and may do so for any other courts, on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such justice and judge shall become vacant when the incumbent reaches the age of seventy (70) seventy-five (75) years, as the legislature may prescribe.; but, in the case of an incumbent whose term of office includes the effective date of this amendment, this provision shall not prevent him from serving the remainder of said term nor be applicable to him before his period or periods of judicial service shall have reached a total of six (6) years. The legislature may also provide for benefits for dependents of justices and judges.
Section 2. That the Secretary of State shall endorse the following statement on the proposed amendment:
Currently, the Wyoming Constitution requires Wyoming Supreme Court justices and district court judges to retire upon reaching the age of seventy (70). This amendment increases the mandatory retirement age of Supreme Court justices and district court judges from age seventy (70) to age seventy-five (75).
The Constitution also currently provides an exception to the mandatory requirement to retire upon reaching age seventy (70) for justices and judges who had not yet completed six (6) years of judicial service as of December 12, 1972. The proposed amendment would remove the now-obsolete six (6) year service guarantee.
(END)
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|
Speaker of the House |
|
| President of the Senate |
|
|
|
| Governor |
|
|
|
|
| TIME APPROVED: _________ |
|
|
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| DATE APPROVED: _________ |
|
I hereby certify that this act originated in the House.
|
Chief Clerk |
I can think of no good reason to do this. It's yet another aspect of the curious nature of the modern Untied States in which power is seemingly vested endlessly in the elderly, or more specifically, in the Baby Boom Generation.
This is not to suggest that any current judge approaching the current retirement age of 70 is unsuited for the position. We've been lucky, so that's not true. But our luck will run out at some point. Age exacts a toll.
Prior Editions:
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