New bills we are monitoring:
HB0204 – Patriotism in the classroom – AN ACT relating to public schools; requiring a flag to be displayed in each classroom as specified; requiring the pledge of allegiance to be recited as specified; providing for enforcement by a mandamus action; and providing for an effective date.
Although a salute to the flag and oath of allegiance are commonly accepted practices in school assembly exercises, exemptions should be granted to a student whose religious scruples or other principled convictions lead him or her to refuse to participate in such exercises. The Supreme Court has held that the protection of freedom of religion under the First Amendment encompasses such exemption on grounds of religious belief. There should be no distinction in this respect between student objection based on religious conviction and that based on non-religious grounds of conscience. We oppose this bill.
HJ0004 – Repeal of the 17th Amendment – A JOINT RESOLUTION requesting Congress to propose an amendment to the United States Constitution repealing the seventeenth amendment to the United States Constitution.
The 17th Amendment is what provides for the direct election of U.S. Senators. We oppose this resolution.
HJ0008 – Sharia Law – A JOINT RESOLUTION proposing to amend the Wyoming Constitution to require courts in this state to rely on federal and state laws when deciding cases and to forbid courts from considering international law or Sharia law when deciding cases.
This resolution is nothing more than a solution looking for a problem. The 1st Amendment of the U.S. Constitution already prohibits courts from considering any religious law when deciding cases. It is an unnecessary measure that accomplishes absolutely nothing. We oppose this resolution.
SF123 – Katie’s Law – AN ACT relating to criminal procedure; providing for collection of DNA for a person arrested for a felony; providing conforming amendments; and providing for an effective date.
Collecting and storing DNA from arrestees turns a fundamental tenet of our justice system-innocent until proven guilty - on its head. Arrestees have not yet been convicted of a crime, and may never be convicted. Collecting DNA from a person prior to being convicted will do little to make us safer. The effectiveness of a DNA database to help solve crimes is limited not by the number of profiles of known individuals in the database, but by the number of crime scene profiles. DNA evidence can not be collected from most crime scenes. DNA collection is different from fingerprinting, it is an individual’s entire genetic blueprint, and is not simply an identifier. Because DNA is inherited, information can be inferred about family members as well as the individual whose data is collected. For privacy and due process reasons, we oppose this bill.
Wednesday, January 26, 2011
HB118 Defeated!!!
HB118 – Abortion – available information for decision was voted down in the House yesterday. We are happy to learn of this favorable outcome! Thank you to everyone who worked to defeat this bill. We urge everyone to reach out to their Representatives that voted against the bill, and say thank you for standing up for medical privacy and women’s reproductive rights. Here is the voting record:
Ayes: 23
Nays: 32
Excused: 5
Ayes: Representative(s) Brechtel, Buchanan, Burkhart, Campbell, Cannady, Edmonds, Eklund, Gay, Gingery, Greene, Harshman, Harvey, Jaggi, Kroeker, Krone, Loucks, McKim, Miller, Peasley, Petersen, Quarberg, Semlek and Teeters.
Nays: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown, Byrd, Connolly, Craft, Esquibel, K., Freeman, Greear, Hunt, Kasperik, Lubnau, Madden, McOmie, Moniz, Nicholas B, Patton, Pederson, Petroff, Roscoe, Shepperson, Steward, Stubson, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv..
Excused: Representative(s) Childers, Davison, Goggles, Illoway and Lockhart.
Ayes: 23
Nays: 32
Excused: 5
Ayes: Representative(s) Brechtel, Buchanan, Burkhart, Campbell, Cannady, Edmonds, Eklund, Gay, Gingery, Greene, Harshman, Harvey, Jaggi, Kroeker, Krone, Loucks, McKim, Miller, Peasley, Petersen, Quarberg, Semlek and Teeters.
Nays: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown, Byrd, Connolly, Craft, Esquibel, K., Freeman, Greear, Hunt, Kasperik, Lubnau, Madden, McOmie, Moniz, Nicholas B, Patton, Pederson, Petroff, Roscoe, Shepperson, Steward, Stubson, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv..
Excused: Representative(s) Childers, Davison, Goggles, Illoway and Lockhart.
Tuesday, January 25, 2011
Where are we today?
HB24 –Voting rights has failed in the House and is indefinitely postponed.
HB65 – Marital counseling has failed in committee.
HB74 – Validity of marriages has passed in the House and will now go to the Senate.
HB94 – Illegal immigration has failed in committee.
HB119 – Public records and meetings – court proceedings has failed in committee.
HB120 – Public meetings has passed in committee.
HB121 – Public records has passed in committee.
HB142 – Discrimination has passed out of committee.
HB148 – Assisted suicide ban has been assigned to committee.
HB149 – Marriage -definitions has been assigned to committee and will be heard on Friday.
HB150 – Civil unions has been assigned to committee and will be heard on Friday.
HB24 – Patriotism in the classroom has been received for introduction.
SF3 – Campaign finance – organizations has passed the Senate and will go to House.
SF13 – Change of political party affiliation has not passed in committee.
SF36 – Seclusion and restraint in schools has passed out of Senate and will go to House.
SF59 – Spice drugs has been assigned to committee.
SF96 – Open primaries failed in committee.
SJ5 – Defense of Marriage - Constitutional Amendment has been laid back.
HB65 – Marital counseling has failed in committee.
HB74 – Validity of marriages has passed in the House and will now go to the Senate.
HB94 – Illegal immigration has failed in committee.
HB119 – Public records and meetings – court proceedings has failed in committee.
HB120 – Public meetings has passed in committee.
HB121 – Public records has passed in committee.
HB142 – Discrimination has passed out of committee.
HB148 – Assisted suicide ban has been assigned to committee.
HB149 – Marriage -definitions has been assigned to committee and will be heard on Friday.
HB150 – Civil unions has been assigned to committee and will be heard on Friday.
HB24 – Patriotism in the classroom has been received for introduction.
SF3 – Campaign finance – organizations has passed the Senate and will go to House.
SF13 – Change of political party affiliation has not passed in committee.
SF36 – Seclusion and restraint in schools has passed out of Senate and will go to House.
SF59 – Spice drugs has been assigned to committee.
SF96 – Open primaries failed in committee.
SJ5 – Defense of Marriage - Constitutional Amendment has been laid back.
Monday, January 24, 2011
Great News on HB0094
HB0094 - Illegal Immigration bill was laid back and did not pass out of the Minerals Committee this morning. This Arizona-style immigration bill was defeated and will not move to the floor of the House. The ACLU of Wyoming strongly opposed this bill and will monitor this type of legislation in the future.
Action Needed to Defeat HB118
The House Labor, Health and Social Services passed House Bill 118, "Abortion-available information for decision," on a 7-2 vote. The bill has now gone to the full House and could be voted on any day!
We need e-mails and calls to Wyoming Representatives urging them to "VOTE NO ON HOUSE BILL 118." (This bill requires women who are considering abortion to be given government-scripted information and then wait 24 hours before having the procedure. We don't want this kind of government intrusion into personal medical choices.)
Please call or email your Representatives and ask them to VOTE NO ON HOUSE BILL 118, "Abortion-available information for decision."
Other ways to contact legislators are as follows:
• Call the Voter Hotline at 777-8683 and tell the operator/receptionist that you want a "NO Vote on House Bill 118". (The Hotline is usually staffed 7:30 A.M.-5:30 P.M. on days the legislature is in session.)
• Use the Online Hotline to urge a NO vote on House Bill 118. (You may also type in a short message.)
The text of the bill is available here.
The ACLU or Wyoming opposes House Bill 118 for many reasons, including the following:
• This bill is an unwarranted intrusion into medical care. It puts government into the examination room and lets politics come between a woman and her physician.
Thank you for helping us defeat this dangerous and cruel intrusion into women's private medical care.
We need e-mails and calls to Wyoming Representatives urging them to "VOTE NO ON HOUSE BILL 118." (This bill requires women who are considering abortion to be given government-scripted information and then wait 24 hours before having the procedure. We don't want this kind of government intrusion into personal medical choices.)
Please call or email your Representatives and ask them to VOTE NO ON HOUSE BILL 118, "Abortion-available information for decision."
Other ways to contact legislators are as follows:
• Call the Voter Hotline at 777-8683 and tell the operator/receptionist that you want a "NO Vote on House Bill 118". (The Hotline is usually staffed 7:30 A.M.-5:30 P.M. on days the legislature is in session.)
• Use the Online Hotline to urge a NO vote on House Bill 118. (You may also type in a short message.)
The text of the bill is available here.
The ACLU or Wyoming opposes House Bill 118 for many reasons, including the following:
• This bill is an unwarranted intrusion into medical care. It puts government into the examination room and lets politics come between a woman and her physician.
Thank you for helping us defeat this dangerous and cruel intrusion into women's private medical care.
The end of a long week and the start of another...
Last week was a tough week in the Wyoming Legislature with little to be happy about. The Senate Judiciary Committee passed SJ5- Defense of marriage – constitutional amendment 3-2. The bill calls for a vote to amend the Wyoming Constitution to read “A marriage between a man and a woman shall be the only legal union that shall be valid or recognized in this state”. HB 74 – Validity of Marriage also passed two hurdles in the House, this bill provides that marriages between more than two parties are void along with stating that the only valid marriages in Wyoming are between a man and a woman. Both of these proposals clearly discriminate against same sex couples and have no place in the equality state or any other state for that matter.
In addition, the House Labor Committee passed HB 118 - Abortion - available information for decision which requires a doctor to offer a woman requesting an abortion a look at an ultra sound and a lesson on fetal pain along with a 24 hour waiting period before obtaining an abortion. This bill unnecessarily delays a woman’s ability to obtain an abortion solely for the purpose of providing her biased, inaccurate information and to attempt to shame her out of her decision. Physicians not politicians should decide what is said to a patient. This bill requires doctors to provide biased information for political purposes. The Royal College of Obstetricians and Gynecologist along with the American Medical Association have found the nerve connections in the fetal brain are not sufficiently formed to allow pain perception. This bill is not about facts. It is about politics.
HB65 – Marital counseling also passed out of committee. This bill would require couples to have 3 hours of premarital counseling prior to receiving a marriage license. If they do not complete counseling there would be a waiting period for marriage licenses. The bill also requires counseling prior to receiving a divorce decree.
Legislators are still filing bills HB0204 – Patriotism in classroom, HJ0008 - Sharia Law, HJ0004 - Repeal 17th Amendment ( the 17th Amendment allows for citizens to vote for U.S. Senators – if repealed the legislators would vote for senators) The time, money and effort spent on legislating to curtail or remove civil liberties in this legislature is astonishing. I hope everyone is paying close attention to the kind of bills your legislators are filing and the way they want the government to control both personal and public life. Many of these bills are bills are bills that have already been blocked as being unconstitutional.
Next week will be another busy week with HB94 - Illegal Immigration set for the Minerals Committee at 8:00 AM Monday morning. This bill is a mirror bill of the Arizona bill, parts of that bill have already been found unconstitutional and other sections are still embroiled in court battles. While it is clear that we need reasonable fair immigration reform immigration law is strictly controlled by the federal government; this bill only encourages racial profiling and discrimination.
Three important bills, filed by Laramie Representative Cathy Connolly will be coming to committee next week: HB142 – Discrimination, Judiciary Committee – Tuesday January 25 at 7 AM, HB149 – Marriage – definition and HB150 – Civil Unions will be heard Friday January 28 at 7 AM in Capitol 302. I encourage all of you to call or email committee members and voice your support for these bills.
In addition, the House Labor Committee passed HB 118 - Abortion - available information for decision which requires a doctor to offer a woman requesting an abortion a look at an ultra sound and a lesson on fetal pain along with a 24 hour waiting period before obtaining an abortion. This bill unnecessarily delays a woman’s ability to obtain an abortion solely for the purpose of providing her biased, inaccurate information and to attempt to shame her out of her decision. Physicians not politicians should decide what is said to a patient. This bill requires doctors to provide biased information for political purposes. The Royal College of Obstetricians and Gynecologist along with the American Medical Association have found the nerve connections in the fetal brain are not sufficiently formed to allow pain perception. This bill is not about facts. It is about politics.
HB65 – Marital counseling also passed out of committee. This bill would require couples to have 3 hours of premarital counseling prior to receiving a marriage license. If they do not complete counseling there would be a waiting period for marriage licenses. The bill also requires counseling prior to receiving a divorce decree.
Legislators are still filing bills HB0204 – Patriotism in classroom, HJ0008 - Sharia Law, HJ0004 - Repeal 17th Amendment ( the 17th Amendment allows for citizens to vote for U.S. Senators – if repealed the legislators would vote for senators) The time, money and effort spent on legislating to curtail or remove civil liberties in this legislature is astonishing. I hope everyone is paying close attention to the kind of bills your legislators are filing and the way they want the government to control both personal and public life. Many of these bills are bills are bills that have already been blocked as being unconstitutional.
Next week will be another busy week with HB94 - Illegal Immigration set for the Minerals Committee at 8:00 AM Monday morning. This bill is a mirror bill of the Arizona bill, parts of that bill have already been found unconstitutional and other sections are still embroiled in court battles. While it is clear that we need reasonable fair immigration reform immigration law is strictly controlled by the federal government; this bill only encourages racial profiling and discrimination.
Three important bills, filed by Laramie Representative Cathy Connolly will be coming to committee next week: HB142 – Discrimination, Judiciary Committee – Tuesday January 25 at 7 AM, HB149 – Marriage – definition and HB150 – Civil Unions will be heard Friday January 28 at 7 AM in Capitol 302. I encourage all of you to call or email committee members and voice your support for these bills.
Thursday, January 20, 2011
Legislative Update Jan. 20th
The House passed HB0074 - Validity of Marriages on its first reading today. Please contact your legislators and tell them to vote NO on HB0074. We oppose this bill.
Committee Meeting Alerts: HB0142 - Discrimination will be heard by Judiciary Committee on Tuesday, January 25 at 7 am. HB0149 - Marriage - Definitions & HB0150 - Civil Unions will both be heard on Friday, January 28 at 7 am in room 302. We STRONGLY support these 3 bills.
Committee Meeting Alerts: HB0142 - Discrimination will be heard by Judiciary Committee on Tuesday, January 25 at 7 am. HB0149 - Marriage - Definitions & HB0150 - Civil Unions will both be heard on Friday, January 28 at 7 am in room 302. We STRONGLY support these 3 bills.
Wednesday, January 19, 2011
HB0074
HB0074 - Validity of Marriages will move to the House floor today. We strongly oppose this bill. Contact your legislators and ask them to vote NO on HB0074!!!
If you are interested in getting up-to-the-minute updates from the Wyoming ACLU, follow us on Twitter (@ACLUWYO).
If you are interested in getting up-to-the-minute updates from the Wyoming ACLU, follow us on Twitter (@ACLUWYO).
Tuesday, January 18, 2011
Legislative Update Jan. 18th
Week two in legislature will be very busy with important bills coming into committee and on the floor every day. Please check daily for bills and take the time to call your representative and voice your opinion.
House Bill HB00074 – Validity of Marriage passed in the Education committee with a vote of 7 to 2 last night. The bill defines marriage as between a man and women, does not recognize those same-sex couples’s marriages from other states and does not recognize marriage between multiple spouses. We strongly oppose this bill and hope that you will contact your representative today and let them know that you oppose these bills that deny members of our community the rights and privileges that we should all enjoy. Representative Connolly and Representative John Freemen cast the two no votes against this bill – please let them know you appreciate their courage and convictions.
Aye votes – Reps. Bob Brechtel, Donald Burkhart, Kendell Kroeker, Same Krone, Cary “Bunky” Loucks, Michael Madden Chairman Matt Teeters.
The Corporations Committee considered SF0003 – Campaign Finance- Organization and passed it out of committee with an amendment that added more transparency into the bill. The ACLU has supported the campaign finance decision that allowed for contributions from organizations and corporations.
The Committee also passed SF0014 – Counties – election districts. This bill would allow a county to set up voting districts that would allow election of commissioners by district, at-large or a combination of the two. District voting is generally favored as it provides for accountability and for protection of voters. Hybrid and at-large systems are generally in disfavor as they lend themselves to voter discrimination and violations of the voting rights act. We are disappointed at the passage of this out of committee and feel that it is an invitation for mischief by county commissions. Like much of the legislation this session there is no good purpose for this bill.
At 7:00 AM Wednesday the Senate Judiciary Committee will discuss SJ0005 - Defense of Marriage – constitutional amendment in the Herschler Building room b63. This is an attempt to put the discrimination of gays and lesbians into a constitutional amendment for the people to vote on. This issue is currently on its way up to the Supreme Court and it is a waste of time and money for the people of Wyoming to be voting on it. The courts have clearly said you cannot vote away a fundamental right and marriage is a fundamental right under our constitution. From Perry v. Schwarzenegger (this case and numerous articles at ACLU.ORG) “ The evidence did not show any historical purpose for excluding same sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. Rather, the exclusion exist as an artifact of a time when genders where seen as having distinct roles in society and in marriage. That time has passed. “
Friday at the noon adjournment the Labor Committee will hear HB0118 – Abortion – available information for decision (see previous blog post on this bill) This bill is an intrusion into the private lives and decision making of women and their medical providers.
We are testifying on other legislation and issues and will try to keep you up to date on as many happenings as we can.
House Bill HB00074 – Validity of Marriage passed in the Education committee with a vote of 7 to 2 last night. The bill defines marriage as between a man and women, does not recognize those same-sex couples’s marriages from other states and does not recognize marriage between multiple spouses. We strongly oppose this bill and hope that you will contact your representative today and let them know that you oppose these bills that deny members of our community the rights and privileges that we should all enjoy. Representative Connolly and Representative John Freemen cast the two no votes against this bill – please let them know you appreciate their courage and convictions.
Aye votes – Reps. Bob Brechtel, Donald Burkhart, Kendell Kroeker, Same Krone, Cary “Bunky” Loucks, Michael Madden Chairman Matt Teeters.
The Corporations Committee considered SF0003 – Campaign Finance- Organization and passed it out of committee with an amendment that added more transparency into the bill. The ACLU has supported the campaign finance decision that allowed for contributions from organizations and corporations.
The Committee also passed SF0014 – Counties – election districts. This bill would allow a county to set up voting districts that would allow election of commissioners by district, at-large or a combination of the two. District voting is generally favored as it provides for accountability and for protection of voters. Hybrid and at-large systems are generally in disfavor as they lend themselves to voter discrimination and violations of the voting rights act. We are disappointed at the passage of this out of committee and feel that it is an invitation for mischief by county commissions. Like much of the legislation this session there is no good purpose for this bill.
At 7:00 AM Wednesday the Senate Judiciary Committee will discuss SJ0005 - Defense of Marriage – constitutional amendment in the Herschler Building room b63. This is an attempt to put the discrimination of gays and lesbians into a constitutional amendment for the people to vote on. This issue is currently on its way up to the Supreme Court and it is a waste of time and money for the people of Wyoming to be voting on it. The courts have clearly said you cannot vote away a fundamental right and marriage is a fundamental right under our constitution. From Perry v. Schwarzenegger (this case and numerous articles at ACLU.ORG) “ The evidence did not show any historical purpose for excluding same sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. Rather, the exclusion exist as an artifact of a time when genders where seen as having distinct roles in society and in marriage. That time has passed. “
Friday at the noon adjournment the Labor Committee will hear HB0118 – Abortion – available information for decision (see previous blog post on this bill) This bill is an intrusion into the private lives and decision making of women and their medical providers.
We are testifying on other legislation and issues and will try to keep you up to date on as many happenings as we can.
HB0118
HB0118 – Abortion – available information for decision – AN ACT relating to public health and safety; requiring physicians to provide patients with specified information before certain nonemergency abortion procedures; providing definitions and amending a definition; and providing for an effective date.
This bill would require women who are considering abortion to be given government-scripted information and then wait 24 hours before having the procedure.
We oppose this bill.
Our primary concerns:
THIS BILL IS AN UNWARRANTED INTRUSION INTO PRIVATE MEDICAL CARE
• Women should receive unbiased information about their health care options, but this bill interferes with the doctor-patient relationship. It puts government into the examination room and lets politics come between a woman and her physician.
• This bill would force doctors to provide information prepared by state legislators (non-medical personnel). Every woman needs to be able to trust her doctor to provide even-handed information, not script forced on every patient regardless of her circumstances.
• This bill distorts the principle of informed consent. Informed consent is already standard medical practice, and we support providing women with the opportunity to ask questions and receive unbiased information. As with any other medical procedure, women sign informed consent forms and have the opportunity to discuss the risks, alternatives, procedures, and follow-up care prior to the abortion procedure.
THIS BILL POSES THREATS TO WOMEN’S ACCESS TO MEDICAL SERVICES
• This bill has no exception for women who are dealing with rape, incest, several fetal anomalies, or serious health problems.
• In Wyoming abortion care is already very difficult to obtain. This bill would make the situation worse by imposing a mandatory 24 hour delay. Women traveling long distances to obtain reproductive health care could be forced to make two trips, facing additional obstacles and expense. Ninety-six percent of Wyoming counties lack an abortion provider.
• This bill does nothing to prevent unintended pregnancies and reduce the need for abortion services.
This bill would require women who are considering abortion to be given government-scripted information and then wait 24 hours before having the procedure.
We oppose this bill.
Our primary concerns:
THIS BILL IS AN UNWARRANTED INTRUSION INTO PRIVATE MEDICAL CARE
• Women should receive unbiased information about their health care options, but this bill interferes with the doctor-patient relationship. It puts government into the examination room and lets politics come between a woman and her physician.
• This bill would force doctors to provide information prepared by state legislators (non-medical personnel). Every woman needs to be able to trust her doctor to provide even-handed information, not script forced on every patient regardless of her circumstances.
• This bill distorts the principle of informed consent. Informed consent is already standard medical practice, and we support providing women with the opportunity to ask questions and receive unbiased information. As with any other medical procedure, women sign informed consent forms and have the opportunity to discuss the risks, alternatives, procedures, and follow-up care prior to the abortion procedure.
THIS BILL POSES THREATS TO WOMEN’S ACCESS TO MEDICAL SERVICES
• This bill has no exception for women who are dealing with rape, incest, several fetal anomalies, or serious health problems.
• In Wyoming abortion care is already very difficult to obtain. This bill would make the situation worse by imposing a mandatory 24 hour delay. Women traveling long distances to obtain reproductive health care could be forced to make two trips, facing additional obstacles and expense. Ninety-six percent of Wyoming counties lack an abortion provider.
• This bill does nothing to prevent unintended pregnancies and reduce the need for abortion services.
Friday, January 14, 2011
Legislative Update
We will continue to add bills to our “watch” list as they are filed. Bills may be filed up to January 26. Here are the bills we are adding today:
HBO121 – PUBLIC RECORDS – AN ACT relating to public records; setting reasonable time for production of public records; clarifying reasonable fees for duplication of public records; and providing for an effective date.
The current public records law does not provide for a time limit for production – this bill would allow 3 days for production with an extension for extenuating circumstances of up to 7 days. This is a very important change to assure timely response to public records requests.
We support this bill.
HBOO95 – INVOLUNTARY COMMITMENT EXAMINERS – AN ACT relating to hospitalization of mentally ill persons; amending the definition of examiner for purposes of involuntary detention; providing that involuntary detention and involuntary hospitalization hearings not be combined under specified circumstances; and providing for an effective date.
This bill refers to the hospitalization of mentally ill people and would allow a physicians assistant to evaluate the mental status of individuals and recommend that they be held against their will for treatment. The criteria for examiners for these situations have gotten looser and looser – there is no indication that a physician’s assistant has any but a cursory knowledge of psychiatric illness.
We oppose this bill.
HBO142 – DISCRIMINATION – AN ACT relating to discrimination; prohibiting discrimination based on sexual orientation or gender identity as specified; and providing for an effective date.
WE SUPPORT THIS BILL!!!!
SF0059 – “SPICE” DRUGS – AN ACT relating to the Wyoming Controlled Substances Act; adding specified controlled substances to schedule I of the act; authorizing additional positions; providing an appropriation; and providing for an effective date.
We generally support the legalization of drugs; criminalization has simply poured billions of dollars into an ever widening pit and has not changed the use of drugs in our country in any perceptible manner. In addition we have incarcerated millions of non-violent persons costing additional billions.
We oppose this bill.
SF0096 – OPEN PRIMARIES – AN ACT relating to elections; providing for electors to request any single party or nonpartisan ballot at the primary election; providing that voting a single party or nonpartisan ballot at the primary election does not constitute a declaration of party affiliation; and providing for an effective date.
We support this bill.
HBO121 – PUBLIC RECORDS – AN ACT relating to public records; setting reasonable time for production of public records; clarifying reasonable fees for duplication of public records; and providing for an effective date.
The current public records law does not provide for a time limit for production – this bill would allow 3 days for production with an extension for extenuating circumstances of up to 7 days. This is a very important change to assure timely response to public records requests.
We support this bill.
HBOO95 – INVOLUNTARY COMMITMENT EXAMINERS – AN ACT relating to hospitalization of mentally ill persons; amending the definition of examiner for purposes of involuntary detention; providing that involuntary detention and involuntary hospitalization hearings not be combined under specified circumstances; and providing for an effective date.
This bill refers to the hospitalization of mentally ill people and would allow a physicians assistant to evaluate the mental status of individuals and recommend that they be held against their will for treatment. The criteria for examiners for these situations have gotten looser and looser – there is no indication that a physician’s assistant has any but a cursory knowledge of psychiatric illness.
We oppose this bill.
HBO142 – DISCRIMINATION – AN ACT relating to discrimination; prohibiting discrimination based on sexual orientation or gender identity as specified; and providing for an effective date.
WE SUPPORT THIS BILL!!!!
SF0059 – “SPICE” DRUGS – AN ACT relating to the Wyoming Controlled Substances Act; adding specified controlled substances to schedule I of the act; authorizing additional positions; providing an appropriation; and providing for an effective date.
We generally support the legalization of drugs; criminalization has simply poured billions of dollars into an ever widening pit and has not changed the use of drugs in our country in any perceptible manner. In addition we have incarcerated millions of non-violent persons costing additional billions.
We oppose this bill.
SF0096 – OPEN PRIMARIES – AN ACT relating to elections; providing for electors to request any single party or nonpartisan ballot at the primary election; providing that voting a single party or nonpartisan ballot at the primary election does not constitute a declaration of party affiliation; and providing for an effective date.
We support this bill.
Wednesday, January 12, 2011
Legislative Update
The 2011 Wyoming Legislature is now in full-swing. We hope everyone watched Governor Mead deliver the State of the State address to a joint session of the legislature this morning. New bills are being filed every day and we continue to watch them closely. In addition to the bills listed in our previous blog post, here are several new bills that we will be monitoring.
HB0094 – Illegal Immigration - AN ACT relating to immigration; establishing an offense for failure to carry an alien registration document; establishing offenses for unlawful hiring and unlawful employment; establishing an offense for unlawful transporting of aliens; providing for the determination and communication of immigration status; prohibiting employment of unauthorized alien’s requiring employers to participate in the e-verify program; authorizing warrantless arrest for offenses that make a person removable from the United Sates; providing penalties; providing for severability of provisions; and providing for an effective date.
This is a copy of the Arizona “papers please” bill, including sections that are being challenged as unconstitutional in federal courts. It is offensive on many levels; however, immigration laws are controlled by the U.S. Congress and not by the states. This is another example of an unnecessary mean spirited piece of legislation that is sure to be found unconstitutional.
We oppose this bill
HB0118 – Abortion – Available information for decision – AN ACT relating to public health and safety; requiring physicians to provide patients with specified information before certain nonemergency abortion procedures; providing definitions and amending a definition; and providing for an effective date.
The This bill would unnecessarily delay a woman’s ability to obtain an abortion – solely for the purpose of providing her biased, inaccurate information and to attempt to shame her out of her decision. The bill puts government into the examination room, and lets politics come between a woman and her physician.
We oppose this bill
SJ0005 – Defense of Marriage – Constitutional amendment – A JOINT RESOLUTION proposing to amend the Wyoming Constitution by creating a new section specifying that a marriage between a man and a woman shall be the only domestic legal union that shall be valid or recognized in Wyoming.
This is another attempt at continuing the discrimination and unequal treatment of the gay and lesbian community. It is unnecessary and mean spirited.
We oppose this resolution
HB0094 – Illegal Immigration - AN ACT relating to immigration; establishing an offense for failure to carry an alien registration document; establishing offenses for unlawful hiring and unlawful employment; establishing an offense for unlawful transporting of aliens; providing for the determination and communication of immigration status; prohibiting employment of unauthorized alien’s requiring employers to participate in the e-verify program; authorizing warrantless arrest for offenses that make a person removable from the United Sates; providing penalties; providing for severability of provisions; and providing for an effective date.
This is a copy of the Arizona “papers please” bill, including sections that are being challenged as unconstitutional in federal courts. It is offensive on many levels; however, immigration laws are controlled by the U.S. Congress and not by the states. This is another example of an unnecessary mean spirited piece of legislation that is sure to be found unconstitutional.
We oppose this bill
HB0118 – Abortion – Available information for decision – AN ACT relating to public health and safety; requiring physicians to provide patients with specified information before certain nonemergency abortion procedures; providing definitions and amending a definition; and providing for an effective date.
The This bill would unnecessarily delay a woman’s ability to obtain an abortion – solely for the purpose of providing her biased, inaccurate information and to attempt to shame her out of her decision. The bill puts government into the examination room, and lets politics come between a woman and her physician.
We oppose this bill
SJ0005 – Defense of Marriage – Constitutional amendment – A JOINT RESOLUTION proposing to amend the Wyoming Constitution by creating a new section specifying that a marriage between a man and a woman shall be the only domestic legal union that shall be valid or recognized in Wyoming.
This is another attempt at continuing the discrimination and unequal treatment of the gay and lesbian community. It is unnecessary and mean spirited.
We oppose this resolution
Friday, January 7, 2011
2011 Wyoming Legislative Session Starts Next Week
The General Session of the 2011 legislature starts next week on January 11. Our new Governor, Matt Mead, will present his State of the State address at a Joint Session of the Legislature on January 12 at 10:00 A.M. in the House Chamber.
The legislature has a very good web site (http://legisweb.state.wy.us) that allows you to track any bills you are interested in, find out the schedules for all session activities including committee meetings, and contact your legislator. In addition, there is helpful information on the best way to participate in the session.
The Wyoming Chapter of the ACLU follows a number of bills and provides information and testimony on those that directly affect the civil rights of Wyoming citizens. We will have daily updates on the progress of the legislature.
Below is a list of proposed legislation that we are monitoring:
HB0021 – Battery against a family member - AN ACT relating to crimes and offenses, removing time restrictions relating to second and subsequent convictions for simple battery against a family member as specified; amending penalties for subsequent convictions; and providing for an effective date.
The current penalties for this crime are fair and reasonable penalties; continually providing harsher and harsher penalties for crimes does not solve social problems and has driven the prison population to one of the largest and most expensive in the world.
We do not support this bill.
HB0023 – Sex offender registration amendments – AN ACT relating to sex offender registration and notification; amending the information sex offenders are required to provide; requiring specified juveniles to register as sex offenders; amending the information that shall be provided to the public; amending the registration requirements for specified offenses; conforming provisions; requiring offenders convicted but not yet sentenced to register as sex offenders; requiring notice by the offender who will travel out of the country as specified; eliminating language that may permit an offender who has not registered as required to avoid statutes after a specified time; clarifying conditions under which an offender may petition a court to be relieved of registration requirements; amending and creating definitions and providing for an effective date.
Sex offender registries are generally not supported by either law enforcement or treatment experts as they do not work; making juveniles register (the majority of which are victims themselves) not only gives true pedophiles a list of possible victims but ensures a more difficult and possible impossible rehabilitation for children.
We do not support this bill.
HB0024 - Voting rights – AN ACT relating to voting rights; repealing the time period required before restoration of voting rights to certain convicted felons; making conforming amendment; and providing for an effective date.
We support legislation that increases the opportunity to participate in the democratic process of voting, and contributes to the successful reintegration of ex-offenders into society.
We support this bill.
HB0040 – Compensation for persons exonerated based on DNA -
AN ACT relating to criminal procedure; authorizing compensation for persons exonerated based on DNA testing; specifying conditions, requirements and limitations on authorized compensation; conforming provisions; and providing for an effective date.
We support legislation that provides for compensation although would like to see a more fair level of compensation.
We support this bill.
HB0065 – Marital counseling - AN ACT relating to marriage; requiring premarital counseling before a couple may obtain a marriage license as specified; providing a waiting period before issuance of a marriage license for parties who fail to complete premarital counseling as specified; requiring marital counseling before a married couple may obtain a divorce decree as specified; providing a waiting period before issuance of a divorce decree for parties who fail to complete court order marital counseling as specified; and providing for an effective date.
The decision to marry or divorce is a private decision, as is the decision to seek counseling; this is not a decision that should be burdened by this type of statute.
We do not support this bill.
HB0074 – Validity of marriages – AN ACT relating to marriage; providing that marriages other than of a male and a female person are void; providing that marriages between more than two parties are void; specifying that Wyoming courts do no have jurisdiction over any domestic legal union involving parties who are not a male and a female person or where there are more than two parties to the contract; and providing for an effective date.
These bills are mean spirited anti-gay discriminatory bills that are unconstitutional.
We do not support this bill.
SF003 – Campaign finance-organizations – AN ACT relating to campaign finance; repealing restrictions on organizations making independent expenditures to advocate the election or defeat of a candidate; providing definition; conforming state law to a United States Supreme Court ruling; requiring notification in advertising; and providing for an effective date.
This bill would bring Wyoming into compliance with the opinion in Citizens United.
We support this bill.
SF0014 – Counties-election districts – AN ACT relating to county commissions; providing for redistricting by single member districts, at large representation or any combination of both; providing authority to county commissions to locate and amend county commissioner districts without election as specified; providing terms of county commissioners subject to districting and redistricting and providing for an effective date.
This bill has been filed as a result of the Fremont County Commissions loss in a voting rights case based on discriminatory voting practices. It is unnecessary and confusing and would not provide the relief that the commission is seeking.
We do not support this bill.
SF0036 – Seclusion and restraint in schools – AN ACT relating to public schools; requiring the state superintendent to adopt rules and regulations regarding seclusion and restraint in schools; requiring school district boards to adopt policies regarding the use of seclusion and restraint in schools as specified; defining terms; and providing for an effective date.
This bill is an important protection for both students and parents and requires the notification of parents when these measures are taken.
We support this bill.
The legislature has a very good web site (http://legisweb.state.wy.us) that allows you to track any bills you are interested in, find out the schedules for all session activities including committee meetings, and contact your legislator. In addition, there is helpful information on the best way to participate in the session.
The Wyoming Chapter of the ACLU follows a number of bills and provides information and testimony on those that directly affect the civil rights of Wyoming citizens. We will have daily updates on the progress of the legislature.
Below is a list of proposed legislation that we are monitoring:
HB0021 – Battery against a family member - AN ACT relating to crimes and offenses, removing time restrictions relating to second and subsequent convictions for simple battery against a family member as specified; amending penalties for subsequent convictions; and providing for an effective date.
The current penalties for this crime are fair and reasonable penalties; continually providing harsher and harsher penalties for crimes does not solve social problems and has driven the prison population to one of the largest and most expensive in the world.
We do not support this bill.
HB0023 – Sex offender registration amendments – AN ACT relating to sex offender registration and notification; amending the information sex offenders are required to provide; requiring specified juveniles to register as sex offenders; amending the information that shall be provided to the public; amending the registration requirements for specified offenses; conforming provisions; requiring offenders convicted but not yet sentenced to register as sex offenders; requiring notice by the offender who will travel out of the country as specified; eliminating language that may permit an offender who has not registered as required to avoid statutes after a specified time; clarifying conditions under which an offender may petition a court to be relieved of registration requirements; amending and creating definitions and providing for an effective date.
Sex offender registries are generally not supported by either law enforcement or treatment experts as they do not work; making juveniles register (the majority of which are victims themselves) not only gives true pedophiles a list of possible victims but ensures a more difficult and possible impossible rehabilitation for children.
We do not support this bill.
HB0024 - Voting rights – AN ACT relating to voting rights; repealing the time period required before restoration of voting rights to certain convicted felons; making conforming amendment; and providing for an effective date.
We support legislation that increases the opportunity to participate in the democratic process of voting, and contributes to the successful reintegration of ex-offenders into society.
We support this bill.
HB0040 – Compensation for persons exonerated based on DNA -
AN ACT relating to criminal procedure; authorizing compensation for persons exonerated based on DNA testing; specifying conditions, requirements and limitations on authorized compensation; conforming provisions; and providing for an effective date.
We support legislation that provides for compensation although would like to see a more fair level of compensation.
We support this bill.
HB0065 – Marital counseling - AN ACT relating to marriage; requiring premarital counseling before a couple may obtain a marriage license as specified; providing a waiting period before issuance of a marriage license for parties who fail to complete premarital counseling as specified; requiring marital counseling before a married couple may obtain a divorce decree as specified; providing a waiting period before issuance of a divorce decree for parties who fail to complete court order marital counseling as specified; and providing for an effective date.
The decision to marry or divorce is a private decision, as is the decision to seek counseling; this is not a decision that should be burdened by this type of statute.
We do not support this bill.
HB0074 – Validity of marriages – AN ACT relating to marriage; providing that marriages other than of a male and a female person are void; providing that marriages between more than two parties are void; specifying that Wyoming courts do no have jurisdiction over any domestic legal union involving parties who are not a male and a female person or where there are more than two parties to the contract; and providing for an effective date.
These bills are mean spirited anti-gay discriminatory bills that are unconstitutional.
We do not support this bill.
SF003 – Campaign finance-organizations – AN ACT relating to campaign finance; repealing restrictions on organizations making independent expenditures to advocate the election or defeat of a candidate; providing definition; conforming state law to a United States Supreme Court ruling; requiring notification in advertising; and providing for an effective date.
This bill would bring Wyoming into compliance with the opinion in Citizens United.
We support this bill.
SF0014 – Counties-election districts – AN ACT relating to county commissions; providing for redistricting by single member districts, at large representation or any combination of both; providing authority to county commissions to locate and amend county commissioner districts without election as specified; providing terms of county commissioners subject to districting and redistricting and providing for an effective date.
This bill has been filed as a result of the Fremont County Commissions loss in a voting rights case based on discriminatory voting practices. It is unnecessary and confusing and would not provide the relief that the commission is seeking.
We do not support this bill.
SF0036 – Seclusion and restraint in schools – AN ACT relating to public schools; requiring the state superintendent to adopt rules and regulations regarding seclusion and restraint in schools; requiring school district boards to adopt policies regarding the use of seclusion and restraint in schools as specified; defining terms; and providing for an effective date.
This bill is an important protection for both students and parents and requires the notification of parents when these measures are taken.
We support this bill.
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