The Wyoming Legislative session ended last week on a
disappointing note with Representatives Bob Nicholas (R- Cheyenne) and Tim Stubson
(R-Casper) destroying SF 28 Post- Conviction actual innocence and
SF30 Compensation for persons exonerated based on DNA evidence. Rep.
Nicholas amended both bills to include onerous hearing provisions that
indicated that he was on a crusade to ensure that those wrongly incarcerated
would not be compensated for the miscarriage of justice. The House members refused to compromise on
the amendments in the conference committee which led to both bills being
indefinitely postponed. The Casper Star-Tribune, Wyoming Tribune Eagle and WyoFile all wrote excellent articles on
this travesty. Both bills started with good support on introduction and
an understanding with most legislators and observers that the bills were needed,
if not long overdue. It is frustrating to see such willful pique in
legislators.
In other news of willful pique, the Medicaid expansion
proposals to provide health care for Wyoming’s poor was again blocked in the
name of political grandstanding to the base and a pathetic little bill allowing
that the Governor “may” explore the expansion with the feds was passed. Given the fact that the Governor has stated
that he has no intention of ever doing anything of the sort it was more like a slap
in the face to those who go without adequate health care in our state. This despite the hundreds of constituents
that made it clear to their representatives that they supported the bill.
HB49 Marijuana possession was a bill that would have decriminalized the
possession of small amounts of Marijuana which did not pass introduction. It was given little legitimate discussion as one legislator
thought it would bring drug cartels roaring into Wyoming to do business. Of course, legalization and
decriminalization bills have proven to do exactly the opposite, and not only
keep millions of citizens out of jail, but keep criminals out of the
marijuana business. Wyoming spends millions a year jailing and prosecuting
small time offenders leaving those offenders with a criminal record that can follow them their entire life. For further information on how marijuana laws are harmful and ineffective, read our Program Coordinator, Ryan Frost's article It's time to rethink pot laws in Wyoming, or go to the The Uncovery to use the ACLU's new interactive online tool for marijuana arrest information.
HB77 The Student Religious liberties bill, which was
sponsored by Rep. Kroeker and supported by the WyWatch Family Action group
outlined a number of protections that are already stated in the Constitution and
case law the bill then went on to provide statutory protection for students
that proselytized or prayed in the classroom and at student events. Testimony in the committee hearing decried
the fact that Gideon Bibles were no longer passed out in the classroom and that
teachers were forced to lie to their students about evolution, science,
history, and socialism. The ACLU of Wyoming was the
only group that testified against the bill in committee, but fortunately the
bill was never considered in the Committee of the Whole. The WyWatch group blamed Rep. Kermit Brown R-
Laramie for this, according to their website.
Similar bills have popped up across the nation
and are a clear danger for all of us. A grave
concern is that this type of law would allow students to harass and bully other
students under the guise of religious freedom.
The bills are similar in nature to the religious refusal bills. (A
religious refusal bill was just vetoed by the Governor of Arizona to much hue
and cry)
Rep. Connolly’s HB 87 Marriage Equality bill also failed
introduction, but it is heartening to continue to see these bills being
sponsored and of course the ACLU will vigilantly continue to work for passage.
HB100 Investigative subpoenas Our perennial favorites
are the investigative subpoena bills and we see one almost every session as the
law enforcement folks continue to try and broaden their power for investigating
without probable cause. Glad to see this
one fail in the Committee of the Whole.
HB105 Unmanned aerial surveillance We were sorry to see this “drone” bill fail.
It was a good bill and provided the privacy protection needed by requiring that
law enforcement have a warrant for the use of drones in criminal
investigations. It is unfortunate that this bill did not pass as the use of
drones is going to grow at an incredible rate in the next few years and it
would have been good to be in front of this growth with our laws.
This mean-spirited HB108 Validity of marriage bill
from Representatives Gay, Davison, Halverson and Jaggi would ensure that
same-sex couples married in other states would have absolutely no rights in
Wyoming and was surely partly in response to the Wyoming Supreme Court case
that allowed for same-sex couples married in other states to divorce in
Wyoming. The bill failed introduction.
HB126 Restoration of rights after felony conviction No
easing of requirements for restoration of rights, but kudos to Representatives
Zwointzer (Dan), Barlow, Connolly, Greene, Kroeker, Loucks, Petroff and Senator
Case for continuing to try.
HB134 Death penalty repeal Rep. Watt filed a this bill –
what a surprise. That it failed introduction, not a surprise.
HB158 Indecency A really scary, undoubtedly
unconstitutional indecency bill sponsored by Representative Jaggi, Davison,
Gingery, Halverson, Krone and Senator Craft that would have changed public indecency
to private indecency if it caused “affront or alarm”. Your Uncle Bob in his
boxers and t-shirt might cause affront or alarm sitting in his Barcalounger. But
should he go to jail for it?!? We were glad to see this bill fail.
SF34 Involuntary hospitalization - emergency hearings
Using very good sense the legislature
passed this short clarification of the County Attorney’s responsibility in
involuntary hospitalization (mental health holds) instead of the complicating, due
process killing sister bill SF40 Involuntary hospitalization and treatment.
SF47 Katie’s Law After a great deal of amending and discussion,
Katie’s Law was again defeated. These
laws allow for the collection of DNA upon arrest and are basically just fishing
expeditions for law enforcement for individuals who are considered innocent until proven guilty. Statutes now allow for
DNA to be taken and stored upon conviction of certain violent crimes.
Senator Bruce Burns’s SF49 Death penalty – execution “death by firing squad bill” failed
introduction. Death penalty states are facing severe problems as drug makers
that supplied the execution drugs are no longer willing to supply them for
execution due to changing attitudes toward the death penalty.
SF87 Public records preservation, a good bill that died
in committee.
SF116 Expungement of felonies a bill that allowed for an
expansion of the number of felonies that might be expunged passed with added
amendments. Good bill supported by
Senators Burns, Case, Driskill, Rothfuss and Schiffer along with
Representatives Berger, Blevins, Colemen, Connolly, Greear, Greene, Throne and
Dan Zwonitzer.
There are always a number of other bills that we follow,
and a number of those bills passed giving the state more felonies with harsher
penalties. There are other bills that sure waste a lot of legislative time, but can also be somewhat entertaining and we
try and follow those bills during the session, too.
What’s up next?
Here’s a list of the topics we will be following
during the interim. The interim will be especially busy for the Joint Judiciary
Committee as they have an unusual number of topics this year and we will be
following a most of them.
JOINT JUDICIARY
COMMITTEE
Firearm Background Information
The Committee will examine background information
provided to the National Instant Criminal Background Check System for purposes
of determining eligibility to purchase a firearm including information relating
to involuntary hospitalization orders.
Juvenile Data Collection
The committee will receive information and consider the
need for legislation relating to the collection and protection of juvenile
justice data.
Criminal Trespass for Data Collection
The Committee will receive information and investigate
the need for legislation to address trespassing on land to collect data.
Sentencing and Detention
The Committee will received information from the Department
of Corrections and consider legislation relating to sentencing and detention,
including mechanisms for improving and managing criminal justice populations.
Forfeitures and Seizures
The Committee will review forfeiture and seizure provisions
and consider the need to clarify, update and create uniformity among statutes.
Method of Execution
The Committee will receive information from the Department
of Corrections concerning the need to amend provisions relating to the method
of execution.
JOINT
CORPORATIONS, ELECTIONS AND POLITICAL SUBDIVISIONS COMMITTEE
Electronic Records
Employers Review of Social Media
Social Media Accounts Upon Death
JOINT LABOR,
HEALTH AND SOCIAL SERVICES COMMITTEE
Mental Health and Prevention Management
The Committee will study access and quality of care
issues in the states’ mental health system, including overall access to
substance abuse/mental health care, suicide prevention and the prevention
management organization, and employee drug testing at the state institutions.
SELECT
COMMITTEE ON TRIBAL RELATIONS
Education
The Committee will receive reports and review information
regarding education, including mechanisms for improving the quality of
education and for improving graduation rates the committee will review
opportunities for vocational and medical field training and will also receive a
report on the new Wind River Job Corps Center.
Law Enforcement and Juvenile Justice
The Committee will consider issue relating to law
enforcement, jurisdiction, juvenile justice and domestic violence. The
Committee will also receive a report from the Indian Law an Order Commission.
SELECT
COMMITTEE ON LEGISLATIVE TECHNOLOGY AND PROCESS
General Responsibilities Relating to Public Information
and Public Outreach
As previously assigned by management Council, the Select
Committee on Legislative Technology and Process will oversee legislative public
outreach initiatives and efforts to improve the information available to the
public about legislative activities.
All of the committees work is available here. Citizens
are welcome at committee meetings to listen or give testimony. It is a great
way to interact with and influence legislators.
Written by Linda
Burt, executive director
