2021 LEGISLATIVE SESSION RECAP
THE GOOD
Good Bills That Passed
HB0033 Interference with public contracting. Sponsor: House Judiciary
HB0052 Wyoming school protein enhancement project. Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee
HB0075 Voter fraud-prevention. Sponsored by: Representative(s) Gray, Andrew, Baker, Barlow, Bear, Blackburn, Brown, Burt, Crago, Duncan, Eklund, Eyre, Fortner, Greear, Hallinan, Haroldson, Harshman, Heiner, Hunt, Jennings, Knapp, Laursen, MacGuire, Neiman, Newsome, O’Hearn, Olsen, Ottman, Paxton, Rodriguez-Williams, Romero-Martinez, Simpson, Sommers, Stith, Styvar, Washut, Western, Wharff, Wilson, Winter and Zwonitzer and Senator(s) Biteman, Boner, Bouchard, Dockstader, Driskill, Ellis, French, Hicks, Hutchings, Kinskey, Kost, Nethercott, Schuler, Steinmetz and Wasserburger
HB0163 Federal congressional elections-residency. Sponsored by: Representative(s) MacGuire, Barlow, Burkhart, Crago, Gray, Harshman, Sommers, Sweeney, Walters and Zwonitzer and Senator(s) Anderson and Rothfuss
HB0187 Elected official residency requirement. Sponsored by: Representative(s) Hunt, Blackburn, Clausen, Clifford, Duncan and Neiman and Senator(s) Case
HB0207 Coal fired generation facility closures-litigation funding. Sponsored by: Representative(s) Haroldson, Andrew, Barlow, Bear, Blackburn, Clausen, Crago, Duncan, Fortner, Gray, Greear, Hallinan, Hunt, Jennings, Knapp, Laursen, Neiman, Ottman, Rodriguez-Williams, Romero-Martinez, Sommers, Western and Winter and Senator(s) Baldwin, Biteman, Boner, Dockstader, Driskill, French, Hicks, Hutchings, Kolb, Kost, Landen, Pappas, Schuler, Steinmetz and Wasserburger
HB0236 Firearms transactions-financial discrimination. Sponsored by: Representative(s) Washut, Burkhart, Jennings, Laursen and Wharff and Senator(s) Hutchings and Landen
HB0253 University of Wyoming-ban on funding for abortions. Sponsored by: Representative(s) Gray, Andrew, Haroldson, Laursen, Neiman, Ottman, Rodriguez-Williams, Styvar and Winter and Senator(s) Biteman, Bouchard, Hutchings, McKeown, Salazar and Steinmetz
SF0034 Born alive infant-means of care. Sponsored by: Senator(s) Steinmetz, Biteman, Boner, Dockstader, Hutchings and Kinskey and Representative(s) Flitner, Gray, Haroldson, Jennings, Neiman, Ottman, Rodriguez-Williams, Romero-Martinez and Wilson
SF0066 Slayer rule applied to joint ownership. Sponsored by: Senator(s) Cooper and Nethercott and Representative(s) Greear, Oakley and Winter
SF0096 Homicide amendments. Sponsored by: Senator(s) Hutchings, Baldwin, Biteman, Boner, Bouchard, French, Hicks, James, Kinskey, Kolb, McKeown, Nethercott, Salazar and Steinmetz and Representative(s) Andrew, Baker, Blackburn, Burt, Flitner, Fortner, Gray, Hallinan, Haroldson, Jennings, Knapp, Laursen, Neiman, Oakley, Ottman, Rodriguez-Williams, Romero-Martinez, Styvar, Wharff, Wilson and Winter
SF0130 Charter schools. Sponsored by: Senator(s) Driskill, Boner, Ellis and Salazar and Representative(s) Andrew, Olsen, Simpson, Sweeney and Wilson
SF0155 Limiting firearm seizure and regulation during emergencies. Sponsored by: Senator(s) Driskill, Biteman, Bouchard and Salazar
Bad Bills That Failed (which is good)
HB0019 Antique motor vehicles. Sponsor: House Transportation
HB0024 Transportation computer system funding. Sponsor: House Transportation
HB0026 Fuel tax. Sponsor: House Revenue
HB0037 Road usage charge. Sponsor: House Transportation
HB0055 Tobacco tax. Sponsored by: Joint Revenue Interim Committee
HB0114 Property tax assessment. Sponsored by: Representative(s) Harshman, MacGuire and Sweeney and Senator(s) Landen
HB0138 Tax on unearned income. Sponsored by: Representative(s) Schwartz, Connolly and Zwonitzer and Senator(s) Kost and Rothfuss
HB0142 Commercial filing system update. Sponsored by: Select Committee on Blockchain, Financial Technology and Digital Innovation Technology
HB0160 Election ballot order. Sponsored by: Representative(s) Burt, Clifford, Duncan, Fortner, Provenza, Yin and Zwonitzer and Senator(s) James
HB0170 Wyoming economic development zones. Sponsored by: Representative(s) Henderson, Duncan, Greear, Newsome, Sweeney and Zwonitzer and Senator(s) Wasserburger
HB0174 Local government sales and use taxes. Sponsored by: House Education Committee
HB0176 Digital streaming tax. Sponsored by: Representative(s) Henderson, Harshman, Sweeney and Yin
HB0182 Personal income tax. Sponsored by: Representative(s) Yin and Connolly and Senator(s) Rothfuss
HB0183 Anti-discrimination updates. Sponsored by: Representative(s) Connolly and Sweeney and Senator(s) Rothfuss
HB0186 Automated traffic law enforcement-prohibition. Sponsored by: Representative(s) Andrew, Baker, Bear, Clausen, Gray, Hunt and Provenza and Senator(s) Biteman, Driskill and Rothfuss
HB0206 Wyoming minimum wage. Sponsored by: Representative(s) Provenza, Clifford, Connolly, Sherwood and Yin and Senator(s) Gierau and Rothfuss
HB0218 Bias motivated crime. Sponsored by: Representative(s) Sweeney, Barlow, Brown, Connolly, Duncan, Henderson, Newsome, Paxton, Yin and Zwonitzer and Senator(s) Furphy, Pappas, Perkins and Rothfuss
HJ0006 Legislative budget session. Sponsored by: Representative(s) Harshman, Barlow, Connolly, Greear, Paxton, Sommers and Stith and Senator(s) Schuler and Wasserburger
HJ0012 Convention of states. Sponsored by: Representative(s) Laursen
SF0003 Automated vehicle identification systems. Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
SF0004 Airport districts. Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
SF0005 Driving under the influence amendments. Sponsored by: Joint Judiciary Interim Committee
SF0007 Autonomous vehicles. Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
SF0011 Highway safety-seat belts. Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
SF0031 Hospitalization of mentally ill persons-amendments. Sponsored by: Joint Judiciary Interim Committee
SF0036 For-profit public benefit corporations. Sponsored by: Select Committee on Blockchain, Financial Technology and Digital Innovation Technology
SF0073 Tolling authority for I-80. Sponsored by: Senator(s) Case and Pappas
SF0101 Pen registers and trap and trace devices-authorization. Sponsored by: Senator(s) Nethercott, Hutchings, Kolb and Kost and Representative(s) Brown, Oakley and Yin
SF0113 Business ready communities-amendments. Sponsored by: Senator(s) Wasserburger, Nethercott and Perkins and Representative(s) Burkhart, Olsen and Western
SJ0002 Convention of states-2. Sponsored by: Senator(s) Biteman, Case, Cooper, Driskill, Hicks and Wasserburger and Representative(s) Barlow, Hallinan, Haroldson, Laursen, Olsen, Ottman, Rodriguez-Williams, Simpson and Sweeney
THE BAD
Bad Bills That Passed
HB0038 Community behavioral health-priority populations. Sponsor: House Labor
HB0039 Optometrist practice act amendments. Sponsored by: Representative(s) Sommers, Barlow, Harshman and Larsen and Senator(s) Baldwin and Schuler
HB0179 Optional municipal tax-election. Sponsored by: Representative(s) Zwonitzer and Senator(s) Case
HB0254 Transportation computer system. Sponsored by: Representative(s) Burkhart
SF0023 Public meetings-executive sessions for security plans. Sponsor: Joint Judiciary
SF0035 State budget department. Sponsored by: Joint Appropriations Committee
SF0076 Broadband development program-amendments. Sponsored by: Senator(s) Dockstader and Representative(s) Sommers
SF0107 Transportation statutory amendments-2. Sponsored by: Senator(s) Landen
Good Bills That Failed (which is bad)
HB0012 Bond elections. Sponsored by: Representative(s) Styvar
HB0028 Wind tax exemption-repeal. Sponsor: House Corporations
HB0032 Ethics and Disclosure Act amendments. Sponsor: House Judiciary
HB0070 Abortion-informed consent. Sponsored by: Representative(s) Rodriguez-Williams, Bear, Gray, Haroldson, Neiman and Ottman and Senator(s) Biteman, French and James
HB0074 Elected officials-removal. Sponsored by: Representative(s) Bear, Fortner, Gray, Jennings, Laursen and Neiman and Senator(s) McKeown and Steinmetz
HB0088 Data center tax exemption-repeal. Sponsored by: Representative(s) Stith, Banks and Harshman and Senator(s) Case, Kolb and Schuler
HB0094 Solar electricity generation-taxation. Sponsored by: Representative(s) Sommers and Senator(s) Case
HB0097 Interstate compact for education-withdrawal. Sponsored by: Joint Appropriations Committee
HB0098 Public health orders-reforms. Sponsored by: Representative(s) Gray, Andrew, Bear, Greear, Jennings, Neiman, Ottman, Styvar and Winter and Senator(s) Biteman, Driskill and Steinmetz
HB0106 Wyoming education options act. Sponsored by: Representative(s) Wilson, Andrew, Duncan, Gray, Jennings and Zwonitzer and Senator(s) Boner, Ellis and Steinmetz
HB0108 Wind energy production tax. Sponsored by: Representative(s) Hallinan, Baker, Blackburn and Zwonitzer and Senator(s) Case, Furphy and Hicks
HB0117 Repeal gun free zones and preemption amendments-3. Sponsored by: Representative(s) Wharff, Andrew, Baker, Bear, Burt, Fortner, Gray, Heiner, Jennings, Laursen, Neiman, Ottman, Rodriguez-Williams, Styvar and Winter and Senator(s) Biteman, Bouchard, French, James, McKeown and Salazar
HB0124 Second Amendment Preservation Act-2. Sponsored by: Representative(s) Laursen, Baker, Bear, Blackburn, Burt, Gray, Haroldson, Jennings, Neiman, Ottman, Styvar, Wharff and Winter and Senator(s) Biteman, Bouchard, French, Hutchings, James and Salazar
HB0134 Human heartbeat protection act. Sponsored by: Representative(s) Gray, Andrew, Baker, Bear, Blackburn, Flitner, Fortner, Haroldson, Harshman, Knapp, Laursen, Neiman, Ottman, Rodriguez-Williams, Romero-Martinez, Styvar, Wharff and Winter and Senator(s) Biteman, Boner, Bouchard, Hicks, Hutchings, Kinskey and McKeown
HB0143 Municipal services-recovery actions. Sponsored by: Representative(s) Blackburn, Clausen, Duncan, Eyre, Fortner, Gray, Henderson, Hunt, Jennings, Laursen, Olsen, Washut and Zwonitzer and Senator(s) Case, Ellis and James
HB0161 Human life equality-prohibiting discriminatory abortions. Sponsored by: Representative(s) Romero-Martinez, Bear, Gray, Jennings and Rodriguez-Williams and Senator(s) Hutchings and Steinmetz
HB0177 Education-Understanding federal and state government. Sponsored by: Representative(s) Haroldson, Fortner, Jennings, Neiman, Ottman and Styvar and Senator(s) Boner, Hutchings and Steinmetz
HB0178 Voter registration requirements. Sponsored by: Representative(s) Haroldson, Andrew, Baker, Bear, Blackburn, Gray, Jennings, Styvar and Wharff and Senator(s) Boner and Steinmetz
HB0194 Ballot harvesting. Sponsored by: Representative(s) Olsen, Blackburn, Brown, Clausen, Duncan, Eyre, Gray and Hunt and Senator(s) Biteman, Boner and Case
HB0214 Firearms in private vehicles. Sponsored by: Representative(s) Wharff and Laursen and Senator(s) Bouchard and Driskill
HB0225 Primary elections-party control. Sponsored by: Representative(s) Jennings, Bear, Fortner and Styvar and Senator(s) Hutchings
HB0235 Human life protection act. Sponsored by: Representative(s) Neiman, Andrew, Baker, Bear, Eklund, Flitner, Gray, Heiner, Jennings, Ottman, Rodriguez-Williams, Romero-Martinez and Styvar and Senator(s) French, Hicks, Hutchings and Steinmetz
HB0238 Elected attorney general-2. Sponsored by: Representative(s) Heiner, Bear, Fortner, Gray, Jennings, Laursen, Styvar and Wharff and Senator(s) Biteman, Bouchard, James and McKeown
HB0250 Ban on sanctuary cities and counties. Sponsored by: Representative(s) Gray, Baker, Jennings, Knapp and Neiman and Senator(s) Hicks, Salazar and Steinmetz
HB0256 Wyoming sovereignty act. Sponsored by: Representative(s) Wharff, Bear, Fortner, Hallinan, Haroldson, Heiner, Jennings, Laursen, Neiman, Ottman, Rodriguez-Williams, Styvar and Winter and Senator(s) Biteman and McKeown
HB0257 Coal fired power plant closure moratorium. Sponsored by: Representative(s) Fortner, Baker, Bear, Burt, Gray, Hallinan, Haroldson, Jennings, Knapp, Laursen, Neiman, Ottman, Rodriguez-Williams, Styvar, Wharff and Winter and Senator(s) Driskill, McKeown and Steinmetz
HB0260 Illegal presidential EOs-review. Sponsored by: Representative(s) Haroldson, Baker, Bear, Blackburn, Fortner, Gray, Laursen and Neiman and Senator(s) Steinmetz
HB0264 Religious freedom restoration act. Sponsored by: Representative(s) Romero-Martinez, Bear, Blackburn, Burt, Eklund, Haroldson, Jennings, Knapp, Ottman, Rodriguez-Williams and Washut
HJ0002 Board of medicine-improper enforcement actions. Sponsored by: Representative(s) Bear, Fortner, Gray, Knapp, Laursen, Neiman, Styvar and Wharff and Senator(s) French and McKeown
HJ0004 Recall of state elected officials-constitutional amendment. Sponsored by: Representative(s) Bear, Fortner, Gray, Hunt and Jennings and Senator(s) Biteman and McKeown
HJ0010 Term limits-state elected officials. Sponsored by: Representative(s) Gray and Senator(s) Salazar
HJ0015 Taxpayer’s bill of rights and taxpayer standing. Sponsored by: Representative(s) Gray, Bear and Jennings and Senator(s) Biteman
HJ0016 Vaccine bill of rights. Sponsored by: Representative(s) Laursen and Fortner
SF0065 Government waste, fraud and abuse. Sponsored by: Senator(s) James, Biteman, Bouchard, French, McKeown and Salazar and Representative(s) Fortner, Gray, Laursen, Neiman and Wharff
SF0067 Repeal gun free zones and preemption amendments. Sponsored by: Senator(s) Driskill, Hicks, Kinskey, Kolb and Steinmetz and Representative(s) Newsome and Oakley
SF0080 Public health orders-local and legislative oversight. Sponsored by: Senator(s) McKeown, Bouchard, French, Hutchings, James, Kolb and Steinmetz and Representative(s) Bear, Fortner and Jennings
SF0081 Second Amendment Preservation Act. Sponsored by: Senator(s) Bouchard, Biteman, French, Hutchings, James, McKeown and Salazar and Representative(s) Baker, Bear, Burt, Fortner, Gray, Haroldson, Heiner, Laursen, Neiman, Ottman, Rodriguez-Williams, Wharff and Winter
SF0086 Attorney general-elected official. Sponsored by: Senator(s) Bouchard, Biteman, French, Hutchings, James, McKeown and Salazar and Representative(s) Baker, Bear, Fortner, Gray, Jennings, Laursen, Styvar and Wharff
SF0094 Prohibiting coerced vaccinations. Sponsored by: Senator(s) Bouchard, Driskill, French, Hutchings, James, McKeown and Steinmetz and Representative(s) Bear, Fortner, Gray, Styvar, Wharff and Winter
SF0095 Election of state health officer. Sponsored by: Senator(s) Bouchard, Driskill, French, James and McKeown and Representative(s) Baker, Bear, Burt, Fortner, Gray, Laursen, Styvar, Wharff and Winter
SF0099 Unfair employment practices-offsite lawful activities. Sponsored by: Senator(s) Ellis and Hicks and Representative(s) Simpson and Wilson
SF0100 Internet freedom-prohibiting discrimination. Sponsored by: Senator(s) Steinmetz, Biteman, French, Hicks, Kolb and Salazar and Representative(s) Bear, Gray, Hallinan, Haroldson, Hunt and Jennings
SF0127 Wyoming learn while you earn program. Sponsored by: Senator(s) Kinskey, Dockstader, Nethercott and Steinmetz and Representative(s) Greear, Harshman, Kinner and Sommers
SF0134 Lodging tax-exemption for residents. Sponsored by: Senator(s) French, Bouchard and James and Representative(s) Fortner, Gray, Jennings, Laursen, Neiman, Rodriguez-Williams, Wharff and Winter
SF0137 Firearms preemption-amendments and applicability. Sponsored by: Senator(s) Kinskey and Biteman and Representative(s) Jennings
SF0140 Human trafficking-minors. Sponsored by: Senator(s) Salazar and Biteman
SF0142 Prohibition on private funds for conducting elections. Sponsored by: Senator(s) Steinmetz, Biteman and Nethercott and Representative(s) Clausen and Hunt
SF0144 Public funds-lobbying. Sponsored by: Senator(s) Biteman
SF0145 Election runoffs. Sponsored by: Senator(s) Biteman, Boner and Salazar and Representative(s) Hunt, Jennings and Zwonitzer
SF0147 Management council authority and legislative committees. Sponsored by: Senator(s) Hicks, Dockstader, Driskill, Gierau and Kinskey and Representative(s) Gray, Greear and Olsen
SJ0001 Taxes to voters. Sponsored by: Senator(s) James, Biteman, Bouchard, French and McKeown and Representative(s) Fortner, Gray, Laursen, Rodriguez-Williams and Wharff
AND THE UGLY, LOW-DOWN TRICKS
(We are just providing a sampler of tricks that we caught or observed…)
Unconstitutional Session
As we have mentioned numerous times, we believe session was conducted in an unconstitutional way, using Covid as an excuse, from Jan 12th through March 1st:
Article 3, Section 6
…The legislature shall meet for no more than forty (40) legislative working days excluding Sundays in any (1) calendar year, except when called into special session…
Clearly this section is referring to consecutive days, excluding Sundays, and except when called into special session.
Article 3, Section 7 (a)
The legislature shall meet at the seat of government…
The governor by proclamation may also, in times of war or grave emergency by law defined, temporarily convene the legislature at a place or places other than the seat of government…
Virtual session meetings were not held at the seat of government, and Wyoming citizens were not allowed at the seat of government.
Wyoming was not in a a time of war or grave emergency from Jan 12 to Mar 1, 2021. If we were in a time of grave emergency during those times, how could LSO and their non-cited health metrics predict on January 10 that the grave emergency would end on a predetermined date of March 1?
Article 3, Section 13
Each house shall keep a journal of its proceedings and may, in its discretion, from time to time, publish the same, except such parts as require secrecy, and the yeas and nays on any question, shall, at the request of any two members, be entered on the journal.
A journal record of the legislative vote by both bodies for the 2021 General Session Schedule appears to not exist. Or perhaps the vote record requires secrecy?
Article 3, Section 14
The sessions of each house and of the committee of the whole shall be open unless the business is such as requires secrecy.
Virtual session meetings were inaccessible to Wyomingites that do not have computers and/or do not have internet access – thus virtual session meetings were not open.
Article 3, Section 15
Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
Both houses adjourned at least four times for more than three days (Jan 12, Jan 21, Feb 5, Feb 23) to a virtual place; that virtual place was not open to all Wyoming citizens. Additionally, this section supports the argument that Article 3, Section 6 refers to consecutive days with the exception of Sundays.
Article 3, Section 23. Bill must go to committee.
No bill shall be considered or become a law unless referred to a committee, returned therefrom and printed for the use of the members.
Specific days (Jan 19, 20, 21; Feb 23, 24, 25) that some bills were heard and returned from referred committees were not counted as legislative working days. If those six specific days do not count as legislative working days, then those specific bills that were returned by referred committees on those days do not meet the constitutional requirements for becoming law.
General File List Manipulation (Picking winners and losers of COW Deadline)
We see this every single session like clockwork. This time however, 0n April 1, 2021, we took screenshots of the General File list in the Senate to document this deceptive activity – which was the deadline for all bills on that list.
We were mainly watching/waiting for HB0127 and HB236 to be debated and voted on in the Committee of the Whole. What we caught during that time appeared to be a strategic shuffling of bill placement on that list: Some bills being bumped down the list; at least one (newly posted) bill being bumped up the list; some bills actually being eliminated from the list for portions of time; and two bills being removed from the list altogether and thus failing the deadline. The main bills that appeared to be manipulated on the Senate General File List on the April 1st deadline include:
- HB0127 Public health amendments (bill was being buried and then was removed for approx 75 minutes)
- HB0159 Liquor manufacturer regulations (it appeared bill was being favored and pushed up)
- HB0161 Human life equality-prohibiting discriminatory abortions (bill was being buried and then at 4:36PM was removed altogether)
- HB0236 Firearms transactions – financial discrimination (bill was moved around and then removed for approximately 50 minutes)
- HJ0003 State lands mineral royalties constitutional amendment (bill was removed altogether at 4:36PM)
Four of the five above mentioned bills were eliminated from the General File list at some point. HB0127 and HB0236 were eventually put back on the list and they both ultimately passed Committee of the Whole. HB0161 and HJ0003 were never put back on the list and are recorded as failing the Committee of the Whole deadline.
We took screen shots of Senate General File dynamics on April 1, 2021 from around 10:15AM until around 4:50PM. Because the document contains mostly images, the file is too large and cumbersome to embed on this page. Please click here for that document.
Creepy Standing Committee Theatrics
The highly questionable and unbecoming behavior of Cheyenne attorney Senator Nethercott during Part 2 of the Standing Judiciary Committee hearing (March 31) on HB0236 Firearms transactions-financial discrimination is completely noteworthy in this recap. We have no problem whatsoever with the bill and are absolutely thrilled this bill passed and that the governor has already signed it into law. What we do take issue with is the pompoustic flouting of ethics standards by Nethercott, that you can see for yourself in the video below:
- Nethercott coaches bankers testimony speaking against the bill as if she is their legal counsel (at time stamps 27:10; 35:50; 44:30)
- Nethercott answers a question from a committee member posed to the President of Wyoming Bank and Trust, almost as if she is that banker’s legal counsel (31:40)
- Nethercott interrupts/chastises bill sponsor with offhanded comment (52:50)
- Nethercott cuts off committee member’s question and interjects snide comment about the validity of the bill (54:40)
- Nethercott ends the meeting with a veiled threat directed at the bill sponsors; “remember gentlemen that the sword cuts both ways” (1 hour, 20 seconds)
The hearing begins at the very beginning of the video, but it begins getting creepy at around 31 minutes:
Ultimately one is left questioning what hat is Nethercott actually wearing during this hearing – is she wearing her attorney hat for her Wyoming banker buddies, or is she wearing her legislator hat for her constituents of WY Senate District 4?
Interestingly, when it comes to Conflicts of Interest, back in 2015 “Counsel Nethercott stated “Your hat never comes off” (see page 4 at https://www.lccc.cc.wy.us//Documents/About/board/Minutes/2015/BDRT-jan9-15min.pdf).
Food for thought image:
Screenshot from https://www.cheyennechamber.org/post/creating-an-incredible-family-membership-event-overview
