Monday, January 21, 2013

Legislative Update: Week Two

Week two of the Wyoming Legislative Session ended with a beautiful sunny day in Cheyenne. There was lots of interesting floor debate this week on SF104; a bill to change direction in the Department of Education and even though it isn’t a bill we’re following, it was great to listen to such lively debate.

We spent most of our time last week with the House Judiciary Committee, which is chaired by Rep. Keith Gingery (R–Jackson). Mr. Gingery runs an efficient meeting, and gets through bills quickly while still allowing for ample testimony and debate. HB23 – Juvenile parole eligibility, a bill that would do away with mandatory life without parole sentences for juveniles, passed out of committee and third reading in the House. We strongly support this bill and hope it moves easily through the Senate.

HB74 – Sex offenders – residence near child care facilities failed in committee as it was a very flawed bill that would be virtually impossible to enforce. It would’ve left some Wyoming communities with virtually no residential areas for sex offenders to live, and done little more than provide a false sense of security for our children.

We supported HB133 – Human trafficking, which passed out of committee and would provide state penalties for the crime of human trafficking. Wyoming is currently the only state that has no protection in this area for trafficking victims.

The House Judiciary Committee also heard two great bills, HB153 and HB154, which would allow for representation of children in compact (out-of-state) and CHINS (child in need of supervision) proceedings. Rep. Mary Throne (D – Cheyenne) is the chief sponsor of each of these bills, and we strongly support each measure. They will now move onto General File in the House of Representatives.

SF17 – Community juvenile services passed 3rd reading in the Senate, and will now move over to the House. We do not support this bill because unfortunately, it does little to repair the fundamentally flawed juvenile justice system in Wyoming. SF17 is more of the same smoke-and-mirrors that the legislature has been using to dodge addressing our broken juvenile justice for the past 50 years.

As always, we love to hear from our supporters, so please contact us if you have questions or suggestions about our legislative work.

In addition to the bills listed in our previous post, here are further bills that we will be tracking throughout the session:

HOUSE BILLS

Sponsored by: THRONE

Description: AN ACT relating to juveniles; requiring notification to parents, guardians or custodians when a juvenile is issued a citation as specified; and providing for an effective date.

ACLU Position: SUPPORT

Sponsored by: KRONE

Description: AN ACT relating to criminal procedure; providing for release of the name of the alleged actor in a sexual abuse violation as specified; and providing for an effective date.

Comment: This allows for the release of information related to an alleged perpetrator upon arrest and before any conviction.

ACLU Position: OPPOSE

Sponsored by: STUBSON

Description: AN ACT relating to campaign finance reporting; modifying persons required to file campaign receipts reports; removing a requirement that contributors annually renew their consent to automatic contributions; limiting contributions by political action committees; adjusting contribution limits to candidates for statewide political office; requiring amendment of campaign finance reports as specified; providing and modifying criminal penalties; and providing for an effective date.

ACLU Position: MONITORING

Sponsored by: KROEKER

Description: AN ACT relating to the federal Real ID Act; amending Wyoming's motor vehicle statutes to remove provisions added in 2009 to comply with the federal Real ID Act; prohibiting the retention of documents as specified; requiring the destruction of specified documents; prohibiting late renewal penalties as specified; prohibiting nonpolitical identification of driver's licenses; and providing for an effective date.

Comment: The ACLU has traditionally opposed the Real ID Act as a government overreach and breach of private information; however, citizens that do not have an ID that complies with the Real ID requirements are not able to fly on US airlines.

ACLU Position: MONITORING

Sponsored by: WALTERS

Description: AN ACT relating to public defenders; providing for posting of fee schedules online; providing for use of indigency standard in court rules; repealing rulemaking authority for setting indigency standards; and providing for an effective date.

ACLU Position: SUPPORT

Sponsored by: ESQUIBEL,K

Description: AN ACT relating to criminal procedure; providing for collection of DNA from a person arrested for a felony; providing for expungement of information as specified; repealing archaic language; and providing for an effective date.

Comment: This bill would allow for DNA collection on arrest for certain crimes and put the burden on those acquitted to request destruction of DNA files.

ACLU Position: OPPOSE

SENATE FILES

Sponsored by: NUTTING

Description: AN ACT relating to child and adult protective services; amending requirements for investigations; amending definitions; establishing a standard of proof; and providing for an effective date.

Comment: This bill establishes narrower requirements for child abuse assessments and investigation.

ACLU Position: SUPPORT

Sponsored by: ROTHFUSS

Description: AN ACT relating to discrimination; prohibiting discrimination based on sexual orientation or gender identity as specified; and providing for an effective date.

ACLU Position: STRONGLY SUPPORT

Sponsored by: DRISKILL

Description: AN ACT relating to elections; providing for display of proof of identification at polling places; providing exceptions; providing for challenge of voters; providing for waiver of fees for state issued identification cards; and providing for an effective date.

Comment: Voter ID laws are alleged to correct a problem that is virtually non-existent, voter fraud. In Wyoming there have only been two cases of attempted voter fraud in the past sixteen years, and both culprits were apprehended and tried. The Department of Justice conducted a nationwide study and discovered that between 2002 and 2007, out of 300 million votes cast, there were only eighty-six cases of voter fraud. This bill burdens voters unnecessarily, and disproportionally effects low-income earners and people of color.

ACLU Position: STRONGLY OPPOSE