Our final wrap-up on the 2022 budget session. 

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** 2022 Wyoming Legislative Budget Session
Update No. 5
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**
The Budget Session Ends
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Every other year, the Legislature meets primarily to adopt a budget to fund Wyoming government for the next two years. In addition, this year lawmakers also confronted the once-in-a decade process of agreeing on a redistricting plan that redraws legislative districts for the next decade. They also had to agree on how to spend COVID-19 federal relief funds.


** Smoother Budgeting
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The budget process went more smoothly than usual thanks to an improved financial outlook for Wyoming and federal relief funds. The Legislature adopted a $2.8 billion budget that included a pay raise for teachers and state employees, and a funding boost for community colleges. It also restored funds for social services that saw sharp cuts in previous budgets, as well as funding to preserve a suicide prevention hotline in Wyoming.


** An Agreement on Redistricting
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After much upheaval, the Legislature came to final agreement on a redistricting plan late Friday, two hours before a state constitutional deadline.

The bill adds three lawmakers, bringing the total to 62 representatives and 31 senators. The map that passed at the last hour was dramatically different from versions the public had seen and lawmakers had debated for months.

The drama of the redistricting process prompted some legislators to voice support for the future creation of a nonpartisan commission to handle redistricting. Senator Mike Gierau proposed a constitutional amendment this session to create such a panel, but the measure failed.
Other bills had to garner a two-thirds majority vote to be considered. It seemed that hot-button, conservative issues easily got that support, but thankfully most of those bills died before becoming law. But not all of them.

Here are the outcomes for most of the bills we’ve followed this session:


** Right to Change Party Affiliation Remains
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Wyoming voters have retained their right to change party affiliation on election day after a bill to restrict the practice died in the Wyoming House of Representatives.

SF 97 – Change in party affiliation – died quietly when it did not receive a first reading vote in the House by the deadline. As in years prior, the Wyoming Republican Party lobbied heavily in support of the bill, but that did not translate to enough support at the capitol.

Several election reforms supported by the party failed, including a bill to implement a runoff system. Meanwhile, numerous election reforms opposed by the party succeeded. “It’s a pretty clear indication that the state party certainly does not speak for all Republicans,” Rep. Landon Brown (R-Cheyenne) told WyoFile.

The House Appropriations Committee voted 5-2 on a “do not pass” recommendation. Had the committee voted to outright kill the bill, the House would have had the ability to bring it back to the floor with a simple majority vote. Per legislative rules, a “do not pass” recommendation lands a bill at the bottom of the general file, with a two-thirds majority vote needed to move it up for consideration to avoid the deadline.


** Second Amendment Protection Act Passes
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The successes of gun control efforts nationally seems to present a threat to gun rights advocates, and Wyoming has joined the mostly conservative, Republican states that intend to take on the federal government to protect their perceived rights.

SF 102 – Second Amendment Protection Act – passed both chambers and will likely be signed into law by the Governor. Proponents of this law claim that it will protect Wyoming gun owners from overreach of the federal government. It prohibits the enforcement of federal regulation of firearms by state officials.

The Director of the Wyoming Coalition Against Domestic Violence & Sexual Assault Policy, Tara Muir, told the Legislature that the law could come into conflict with two federal laws the keep firearms out of the hand of perpetrators of domestic violence. Currently anyone convicted of domestic violence is prohibited from owning firearms. Wyoming legislators seem willing to risk lives and litigation by passing this law.


** One of Three Anti-Abortion Bills Passes
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The Legislature considered three anti-abortion bills. HB 92 – Trigger bill – passed both chambers and awaits the Governor’s signature. This law will automatically ban abortion if the Supreme Court overturns Roe v. Wade.

HB 149 – Human life equality – a bill that would ban abortions based on “selective reasons” including “race, sex, or selected disabilities” failed in the House.

SF 83 – Prohibiting chemical abortions – legislation that would outlaw abortion pills and impose penalties of six months in prison and a $9,000 fine for any physician or person who violated the law – passed the Senate but did not gain introduction in the House.


** Transgender Sports Bill Fails
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SF 51 – Fairness in women’s sports act, a bill that passed the Senate, failed to make it into law after it missed the deadline to enter a House committee.

The bill would have banned transgender girls and women from competing in high school women’s sports. It would require individuals to use the sex assigned on the birth certificate to determine who can compete in a sport as a female.

The ACLU of Wyoming pointed out that a sweeping ban on participation in athletics would violate both the U.S. Constitution and Title IX of the Civil Rights Act. A court case in Idaho challenging a similar law is expected to cost the state $10 million if it goes to the Supreme Count.

The bill did not ban transgender males from participating on men’s sports teams. Currently, the Wyoming High School Activities Assn. has a policy that handles high school transgender issues on a case-by-case basis.


** Irrelevant Critical Race Theory Bills Fail
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Critical Race Theory is not taught in Wyoming classrooms, and after much time was spent on SF 62 – Civic transparency act, it died in the House.

The bill would have required K-12 public school teachers to list and publicize the classroom materials they use throughout the school year on the district website.

House members had the good sense to listen to teachers and school administrators, who explained that the transparency that the Senate believed had to be legislated already exists.

Two other bills, HB 97 – Ban on teaching and training critical race theory and SF 103 – Education-limitations on teaching critical race history, failed to get the votes needed for introduction.


** County Clerks Get Lead Time to Count Absentee Ballots
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HB 52 – Timeline to prepare and process absentee ballots – passed both chambers and will allow county clerks to start counting absentee ballots the Thursday or Friday before Election Day.


** Campaign Finance Loophole to Be Closed
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HB 80 – Campaign report amendment – This bill approved by the Legislature closes a significant loophole in the campaign finance reporting requirements.

The loophole allows dark money groups to avoid filing the required report disclosing their expenditures and major donors by paying a simple $500 fine. That low-low price is not a sufficient disincentive to any dark money group that has spent far in excess of that amount in attacking candidates through "independent expenditure" campaigns.

The new bill ups the fine to $500 per day until the report is filed. In other words, the only way to stop the fine from accumulating is to file the report.


** Tax Cut on Coal Passes
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HB 105 – Coal severance tax reduction – Some community leaders cringed at the passage of this bill that lowers the state severance tax rate on surface coal from 7% to 6.5%. Wyoming will now forfeit some of this revenue, which helps fund local services.

Unbiased studies consistently show that a lower tax rate does not lead to higher coal production or more jobs – all it does is take money away from local services to further enrich coal executives and shareholders.


** Sage Grouse Farm Approval Extension
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SF 61 – Sage grouse game bird farms – no certification expiration – this bill passed, but with an amendment that extends state approval for sage grouse farms for another five years rather than indefinitely.

Conservation groups worry that sage grouse farming will distract from the only major threat to the species, which is habitat reduction, and that the reintroduction of famed birds could reduce genetic diversity or spread disease in wild populations.

Sage grouse farms now have five more years to see if their chicks can be successfully reintroduced. Attempts in the past to breed sage grouse for reintroduction have failed.
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