While we have enjoyed legislative victories already this year – defeating two anti-choice bills and gaining traction on a bill to extend voting rights to non-violent felons – we had two very disappointing loses last week on bills which would have gone a long way in granting equal rights to Wyoming’s LGBT community. SF131 Discrimination proposed to make discrimination based on sexual orientation or gender identity illegal, and was defeated in the Senate 13 – 17. HB168 Domestic Partnerships failed to pass the House by a vote of 25 – 34. HB168 sought to extend legal rights and responsibilities to domestic partnerships. Despite these losses, these bills had considerable support in each chamber and went further in the legislative process than in years past. We’re encouraged by this trend and will continue to support pro-LGBT proposals in the future.
We love hearing from our supporters, so please share any information or comments you might have about these bills so we can keep our information up-to-date. Learn more about how to participate in the legislative process. If we have missed any bills you think we should be following, please send us an email.
Here’s an update on the bills we’re monitoring this session:
HOUSE BILLS:
HB23 – Juvenile parole eligibility
Sponsored by: Joint Judiciary Interim Committee
Description: AN ACT relating to crimes and offenses; modifying provisions relating to life sentences for juvenile offenders generally; eliminating life sentences without parole for juvenile offenders; and providing for an effective date.
Comment: This bill would bring Wyoming into compliance with recent U.S. Supreme Court decisions regarding mandatory life without parole for juveniles.
ACLU Position: SUPPORT
Recent Action: Passed third reading in the House, and was referred to Senate Judiciary Committee.
HB47 – Confidential student disciplinary hearing
Sponsored by: GREEAR
Description: AN ACT relating to children; providing that relevant proceedings of a court action involving misconduct of a minor may be disclosed to the minor's school district for purposes of suspension or expulsion of the minor from school as specified; and providing for an effective date.
Comment: This bill would allow confidential court records to be released to a number of school officials to add information to school suspensions and expulsions. Violates privacy.
ACLU Position: OPPOSE
Recent Action: Passed third reading in the House, and has been placed on General File in the Senate.
HB74 – Sex offenders-residence near child care facilities
Sponsored by: EKLUND
Description: AN ACT relating to crimes and offenses; prohibiting sex offenders from residing near child care facilities; and providing for an effective date.
Comment: Current sex offender registry list all sex offenders even those convicted of Romeo/Juliet offenses, urination in public etc. In many towns allow for no areas available for residence. Day care facilities change on a month to month basis and the list of providers is not easily available or comprehensive.
ACLU Position: OPPOSE
Recent Action: This bill failed to pass out of committee.
HB76 – Investigative subpoenas
Sponsored by: ZWONITZ,DV
Description: AN ACT relating to criminal procedure; providing for the issuance of investigative subpoenas for internet fraud; providing for confidentiality; providing definitions; and providing for an effective date.
Comment: This bill is a better bill that similar ones in previous years as it includes probable cause, but we would like to see some small changes on destruction of documents.
ACLU Position: MONITORING
Recent Action: This bill has passed third reading in the House, and was referred to Senate Judiciary Committee.
HB89 – Unemployment compensation – drug testing
Sponsored by: MADDEN
Description: AN ACT relating to unemployment insurance; disqualifying from unemployment benefits persons terminated from employment for illegal use of a controlled substance; requiring controlled substances testing for applicants as specified; providing for suspension of eligibility following a positive test for controlled substances; providing for rules and regulations; and providing for an effective date.
Comment: Invasion of privacy; overreaching by state; interference with contract between state and employer/employee. These programs have been found to be unnecessary and expensive, and can effect struggling families and children.
ACLU Position: OPPOSE
Recent Action: Passed third reading in the House, and has been referred to Senate Judiciary Committee.
HB96 – Elections – ballot access and registration
Sponsored by: KROEKER
Description: AN ACT relating to elections; decreasing requirements for minor political party status; extending time for cancellation of registration; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: Passed out of committee was placed on General File; did not consider in Committee of the Whole.
HB97 – No abortion after heartbeat
Sponsored by: KROEKER
Description: AN ACT relating to public health; providing that no abortion shall be performed after the embryo or fetus has a detectable fetal heartbeat; providing a definition; and providing for an effective date.
Comment: This bill would effectively ban almost all abortions in Wyoming; violates Roe v. Wade. Amounts to governmental interference in private medical decisions of women; violates Rove. v. Wade.
ACLU Position: STRONGLY OPPOSE
Recent Action: Failed to pass House Labor Committee.
HB102 – Hospitalization of mentally ill persons
Sponsored by: Joint Labor, Health and Social Services Interim Committee
Description: AN ACT relating to emergency detention and involuntary hospitalization proceedings; providing that proceedings involving minor children be brought under the Child Protection Act, as specified; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: This bill has not yet come out of House Labor Committee.
HB114 – Liberty Preservation Act
Sponsored by: KROEKER
Description: AN ACT relating to criminal law; providing legislative declaration that portions of the National Defense Authorization Act of 2012 are unconstitutional; prohibiting enforcement of federal law as specified; providing penalties; and providing for an effective date.
Comment: Undoubtedly an unconstitutional usurpation of federal authority.
ACLU Position: MONITORING
Recent Action: Passed out of committee and was placed on General File; did not consider in Committee of the Whole.
HB129 – Voting rights
Sponsored by: ZWONITZ,DN
Description: AN ACT relating to voting rights; modifying requirements for restoration of voting rights to persons convicted of nonviolent felonies; conforming provisions; repealing conflicting provisions related to restoration of voting rights; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: Passed second reading in the House.
HB130 – Education-elective academic bible study
Sponsored by: WATT
Description: AN ACT relating to public school elective courses; providing for elective classes in biblical studies; requiring training of educators; providing rulemaking authority; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: Passed third reading in the House, and referred to Senate Education Committee.
HB133 – Human trafficking
Sponsored by: CONNOLLY
Description: AN ACT relating to crimes and offenses; defining criminal offenses related to human trafficking as specified; providing penalties; providing for restitution; providing an affirmative defense to prosecution of human trafficking victims as specified; providing for services to victims of human trafficking; providing for forfeiture of property as specified; making conforming amendments; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: Passed third reading in the House, and was referred to the Senate Judiciary Committee.
HB 141 – Political party affiliation
Sponsored by: EKLUND
Description: AN ACT relating to elections; modifying when declaration of party affiliation is required and procedures relating to declaration; modifying when a voter may change party affiliation; and providing for an effective date.
Comment: Restricts voting rights
ACLU Position: OPPOSE
Recent Action: Failed to pass House Corporations Committee.
HB153 – Representation of children in compact proceedings
Sponsored by: THRONE
Description: AN ACT relating to the Interstate Compact on Juveniles; providing for appointment of the state public defender or a guardian ad litem to represent juveniles in accordance with the compact; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: Passed out of the House, and was referred to Senate Judiciary Committee.
HB154 – Representation of children in CHINS proceedings
Sponsored by: THRONE
Description: AN ACT relating to public defenders; providing for public defenders to represent children in child in need of supervision proceedings; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: Passed out of the House, and was referred to Senate Judiciary Committee.
HB168 – Domestic partnerships – rights and responsibilities
Sponsored by: CONNOLLY
Description: AN ACT relating to domestic relations; establishing domestic partnerships and related rights and responsibilities; specifying limits on domestic partnerships; requiring certificates; providing for the recognition of foreign domestic partnerships; establishing the presumed legitimacy of children of domestic partnerships; providing for dissolution of domestic partnerships; defining the applicability of other law; prohibiting multiple domestic partnerships; providing penalties; and providing for an effective date.
ACLU Position: STRONGLY SUPPORT
Recent Action: Passed out of the House Corporations Committee, and then failed to pass the Committee of the Whole in the House.
HB169 – Marriage – definitions
Sponsored by: CONNOLLY
Description: AN ACT relating to marriage; defining marriage as a contract between two natural persons; and providing for an effective date.
ACLU Position: STRONGLY SUPPORT
Recent Action: Failed in the House Corporations Committee.
HB175 – Juvenile citations – notification by law enforcement
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
Recent Action: Passed out of committee, and was referred to Senate Revenue Committee.
HB178 – Sexual assault – disclosure
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
Recent Action: Failed Committee of the Whole; indefinitely postponed.
HB187 – Campaign finance
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
Recent Action: Passed third reading in the House.
HB189 – Repeal of Real ID
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
Recent Action: Failed to pass House Transportation Committee.
HB190 – Public defender – fee schedule and indigency standard
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
Recent Action: Passed third reading in the House, and was referred to Senate Judiciary Committee.
HB204 – Katie’s Law
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
Recent Action: Failed in House Judiciary Committee.
HB220 – Involuntary hospitalizations-jury trial
Sponsored by: GINGERY
Description: AN ACT relating to involuntary hospitalization; repealing provision for jury trial; and providing for an effective date.
ACLU Position: OPPOSE
Recent Action: This bill failed in committee.
HB223 – Public records-institutions of higher education
Sponsored by: BROWN
Description: AN ACT relating to public records; authorizing denial of inspection of records of applications for president of institutions of higher education and associated records as specified; specifying applicability; and providing for an effective date.
ACLU Position: OPPOSE
Recent Action: This bill has passed both the House and the Senate.
HJ04 – Foreign law prohibition
Sponsored by: GAY
Description: 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 when deciding cases.
ACLU Position: OPPOSE
Recent Action: Failed on the floor of the House.
SENATE FILES:
SF14 – Correctional industries
Sponsored by: Joint Judiciary Interim Committee
Description: AN ACT relating to penal institutions; expanding correctional industries program; clarifying provisions; amending procurement requirements relating to correctional industries program; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: Passed third reading in the Senate, and was referred to House Judiciary Committee.
SF15 – Inmate transfers
Sponsored by: Joint Judiciary Interim Committee
Description: AN ACT relating to penal institutions; amending notification requirements for prisoners sentenced to custody of department of corrections; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: Passed third reading in the Senate, and was referred to House Judiciary Committee.
SF17 – Community juvenile services
Sponsored by: Joint Judiciary Interim Committee
Description: AN ACT relating to community juvenile services; authorizing counties to be direct grant recipients of community juvenile services grants; modifying grant eligibility and requirements; conforming provisions; and providing for an effective date.
Comment: This bill does nothing more than support the current ineffective patch-work juvenile justice non-system.
ACLU Position: OPPOSE
Recent Action: Passed third reading in the Senate, and was referred to House Judiciary Committee.
SF50 – Strip searches
Sponsored by: CASE
Description: AN ACT relating to criminal procedure; limiting strip searches as specified; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: This bill failed to pass committee.
SF65 – Enticement of a minor
Sponsored by: HICKS
Description: AN ACT relating to crimes and offenses; defining the offense of enticement of a minor; providing criminal penalties; and providing for an effective date.
Comment: This bill is broad and vague; most likely unconstitutional as it fails to clearly state what the crime consists of.
ACLU Position: OPPPOSE
Recent Action: This bill died in committee for lack of a second
SF67 – Wiretap authorization
Sponsored by: Joint Judiciary Interim Committee
Description: AN ACT relating to criminal procedure; modifying authorization for communication interception, pen registers and traps and trace devices; clarifying conditions and procedure for communication interception; and providing for an effective date.
Comment: This bill would extend law enforcement’s authority to wiretap citizen’s phones. This authorization can cover all types of electronic communication including emails, computer files, chat room conversations, etc.
ACLU Position: OPPOSE
Recent Action: Passed third reading in the Senate, and was referred to House Judiciary Committee.
SF72 – Medicaid benefit recovery
Sponsored by: Joint Labor, Health and Social Services Interim Committee
Description: AN ACT relating to Medicaid benefit recovery; amending provisions for recovery of Medicaid expenses from parents; authorizing the departments of health and family services to cooperate in collecting child support and recoupment of Medicaid expenses as specified; granting rulemaking authority; requiring reports; and providing for an effective date.
ACLU Position: SUPPORT but would like to see some amendments
Recent Action: Passed third reading in the Senate, referred to House Labor Committee.
SF88 – Women’s right to reproductive safety and information
Sponsored by: NUTTING
Description: AN ACT relating to public health and safety; requiring physicians to obtain a signed acknowledgment as specified when obtaining a pregnant woman's consent to an abortion; requiring the disclosure of information; requiring the retention of records; providing exceptions; providing definitions; and providing for an effective date.
Comment: This bill would effectively ban almost all abortions in Wyoming; violates Roe v. Wade. Amounts to governmental interference in private medical decisions of women; violates Rove. v. Wade.
ACLU Position: STRONGLY OPPOSE
Recent Action: Failed to pass Senate Judiciary Committee.
SF108 – Primary elections
Sponsored by: ROTHFUSS
Description: AN ACT relating to elections; providing for primary elections allowing any voter to vote for any candidate running; eliminating election of precinct committeemen and committeewomen; providing for the candidates with the two highest votes in the primary to advance to the general election; providing for filling of vacancies in nomination; providing conforming amendments; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: Failed to pass Senate Corporations Committee.
SF115 – Protective services investigation amendments
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
Recent Action: Passed third reading in the Senate, and was referred to House Judiciary Committee.
SF131 – Discrimination
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
Recent Action: Passed out of Senate Judiciary Committee, and failed Committee of the Whole in the Senate; postponed indefinitely.
SF134 – Voter identification
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
Recent Action: Failed to pass Senate Corporations Committee.
SF138 – Commutation of sentences
Sponsored by: BURNS
Description: AN ACT relating to sentencing; repealing provisions for life sentences without parole not subject to commutation; specifying retroactive application of the act; and providing for an effective date.
ACLU Position: OPPOSE
Recent Action: Failed to pass Senate Judiciary Committee.
SF146 – Termination of parental rights
Sponsored by: ESQUIBEL,F
Description: AN ACT relating to children; expanding grounds for termination of parental rights; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: Passed third reading in the Senate.
SF154 – Legislative apportionment-county participation
Sponsored by: MEIER
Description: AN ACT relating to legislative apportionment; providing for a task force comprised of legislators and county representatives; specifying appointment and duties; and providing for an effective date.
ACLU Position: MONITORING
Recent Action: Failed to pass the Senate Corporations Committee.
SF162 – Authorized taking of an eagle
Sponsored by: CRAFT
Description: AN ACT relating to the taking of wildlife; providing an exception to the prohibition against taking eagles; granting rulemaking authority; and providing for an effective date.
ACLU Position: SUPPORT
Recent Action: Passed third reading in the Senate, and was referred to House Travel Committee.
