Counting down to bill cutoff

Thursday was a good, though not perfect day.

First, the Senate heard HB 54 Workers’ compensation amendments in Committee of the Whole, assuring the bill of a full debate on the Senate floor by getting it off general file.

Any bill not off general file by the end of the day Friday dies for the session.

The Senate quickly went through the bill and Sen. Charles Scott, as usual, took a few swings at attorneys, a profession he long has made clear that he holds in low regard. But he did manage the bill. It was good to see conservative stalwart Sen. Eli Bebout of Riverton endorse the bill. Sen. Bebout noted that benefits for injured workers have not been increased for many years and said it is time to do so.

Children’s health insurance

Timing still tight

Over in the House, supporters of a bill that will expand the KidCare Chip program to cover more children with health insurance continued the rush to meet the Legislature’s General File deadline. After getting the measure out of the House Labor committee Wednesday night, the House Appropriations committee considered the bill, SF 39 Children’s health insurance program over the noon recess. The committee approved the measure on a 6-1 vote, with only Rep. Jeb Steward of Saratoga voting against the bill.

“I applaud this step,” Rep. Pete Jorgensen told the prime sponsor Sen. Mike Massie after the committee’s vote. “It’s a small step but it’s a step.”

Jorgensen has advocated for more aggressive efforts by the state to address the lack of access to affordable, quality care that plagues many residents of Wyoming.

The bill now goes to the House General File, where all supporters of the bill now need to ask their representatives to ask House Majority Leader Buchanan to make certain the bill is considered during committee of the whole Friday.

Here are some key points to consider mentioning to your representatives in email messages and any other conversation you can have with them.

Key points:

• This is a successful program that currently serves approximately 5,700 children in our state. These are children whose families are earning up to 200% of the federal poverty level;
• This bill proposes increasing eligibility up to 300% of the federal poverty level;
• The state financial contribution for this bill is less than $100,000 ($94,355);
• The federal contribution is 65% of the cost and amounts to $185,232;
• The state premium per child is $188 per month which includes health, mental health and dental care. It is anticipated that the premium will increase to $200 per month on July 1;
• Parents who earn between 201 and 250% of the federal poverty level would be required to contribute up to $40 per month (per child but only for the first two children) toward the premium and up to $250 per person in deductibles per year;
• Parents who earn between 252 and 300% of the federal poverty level would be required to contribute up to $50 per month (per child but only for the first two children) toward the premium and up to $500 per child in deductibles per year;
• This program supports working families who are doing everything they can to support their families.
  

As always, remember to lobby politely. Please don’t send an email blast to all 60 members. A comment of support for SF 39 to your House district’s representative will be most effective. If you have relationships with other members, please write separate messages to them.

Thanks for all your help advocating for Wyoming’s uninsured children.

Not perfect?

Why was the day not perfect? Well, SF 94, a campaign finance bill was heard. It raises individual contributions limits to $2,400 per election. The ESPC like to see the bill killed. There does not appear to be a compelling need to pump more money in elections in Wyoming.

Or, if contribution limits must be raised because of the rising cost of races for governor, the ESPC believes the state should institute tiers of individual contribution limits. Wyoming could raise individual contribution limits for statewide races – governor, secretary of state, state auditor, state treasurer and superintendent of public instruction – but have a second tier that retains the existing $1,000 individual limit for all other elections.

Campaign costs in the average contested Wyoming legislative race are low – about $15,000 for a contested state Senate race and around $8,500 for a contested House race, according to the Wyoming League of Women Voters.

Deanna Frey of the Wyoming Children's Action Alliance contributed to this report.

Children's health insurance

KidCare breathes

House Labor keeps bill alive

The KidCare Chip expansion won strong approval from the House Labor committee Tuesday, although getting through required yeoman’s work by sponsor Sen. Mike Massie of Laramie, seen at right, and considerable testimony from Patti Guzman, who manages the program for the Department of Health.

Sen. Massie and Ms. Guzman went through many questions as they explained SF 39 Children’s health insurance program. Their testimony proved there is no substitute for proper planning. And Ms. Guzman deserves plenty of credit for keeping a very tight ship as she runs the program. She handled all the questions about the program expertly and competently.

Frankly, Patti Guzman puts the lie to the negative stereotyping of bureaucracies, bureaucrats, and the management of government programs.

Rick Schum of Blue Cross/Blue Shield answered questions concerning “crowd out” – the idea that KidCare Chip will encourage people to leave private insurance. That doesn’t happen, Schum told the committee. It was important testimony supporting the bill.

House Labor Health and Social Services Committee Chairman Jack Landon noted he had prepared several amendments to address what he had believed were shortcomings in the bill. But after Sen. Massie, Patti Guzman, and Rick Schum answered question after question, Chairman Landon dropped his amendments.

“I’m more comfortable with this all the time. I’m just about to wear it out,” Landon said as the hearing of the bill passed the two-hour mark. He called for a vote and the committee voted 8-1 in favor of the expansion of the KidCare program.

Only Casper Rep. Lisa Shepperson voted against the bill.

Rep. Debbie Hammons of Worland, (a co-sponsor of the bill) AARP, Blue Cross Blue Shield, the Wyoming Children's Action Alliance, the Wyoming Hospital Association, and the Equality State Policy Center testified in favor of the bill.

The bill next will be re-referred to the House Appropriations committee. It must be heard by the committee by end of day Thursday then return to the floor of the House to be considered in Committee of the Whole by the Friday deadline for hearing bills listed on general file.

Advocates who can talk with members of the House Appropriations Committee should urge them to support the measure.


Helium bill hits snag

On Tuesday, the bill to impose property taxes on helium produced in Wyoming passed the Senate, 21-9, with a relatively minor amendment. On Wednesday, the House failed to concur with the amendment, triggering a conference committee along with concerns that the bill will fall victim to House-Senate wrangling. Currently, helium is the only valuable mineral produced in Wyoming that is not subject to property tax.


And on other property tax topics …

On Tuesday, the Senate Revenue Committee heard House Bill 234, which proposed a property tax exemption for home, commercial and agricultural properties. For each property, the value would be determined by a three-year rolling average, and the amount of value in excess of the average would be exempt from property tax.

The bill had significant administrative problems, and the ESPC opposed it on those grounds as well as a broader opposition to hobbling the fair market value system. The Legislature has more direct options for reducing property taxes if that is the desired outcome.

The Senate Appropriations Committee ended one of those options on Tuesday by killing HB 68, the homestead exemption bill. However, a bill expanding eligibility for the property tax refund program already has passed both houses.

ESPC researcher Sarah Gorin contributed to this report.

Child health insurance

Bill cut-off threatens KidCare expansion

House Labor chairman puts bill in tight position

Calendar management can be key to passing – or killing – proposed legislation. Advocates for expansion of Wyoming’s KidCare Chip program saw the bill authorizing it fall into a dire situation Monday night.

House Labor, Health and Social Services Committee Chairman Jack Landon, pictured above, announced Monday evening that the committee had run out of time to hear the bill during its Monday meeting. He put it off consideration until the committee meets again Wednesday.

That puts the bill in a scheduling crunch. Any bill that has not been heard in Committee of the Whole by end of business Friday is dead for the session. The bill, Senate File 39 – Children’s health insurance program, must first win approval by the Labor committee, the be re-referred to the Appropriations Committee for a hearing on the General Fund spending it requires.

If House Labor approves it Wednesday night, it could still make it. Unfortunately, the House Appropriations Committee ordinarily does not meet on Thursday. The ESPC will join Deanna Frey of the Wyoming Children’s Action Alliance and others in asking House Appropriations Committee Chairwoman Rosie Berger to consider SF 39 on Thursday.

Here’s what Frey said in a note to allies Monday evening:

“AT 6:50 this evening Chairman Jack Landon informed the House Labor Health and Social Services committee and those waiting to testify that SF 39 Children's Health Insurance would not be heard this evening. … At this point we need to contact members of the Labor committee asking for their positive consideration of the bill on Wednesday. The members of the committee are listed below as are the talking points previously provided.”

Here are the email addresses of Labor committee members.

• Chairman Rep. Jack Landon - Sheridan - jlandon@wyoming.com
• Rep. Dave Bonner - Powell - dbonner@wyoming.com
• Rep. Kathy Davison - Kemmerer - kdavison@wyoming.com
• Rep. Ken Esquibel - Cheyenne - kesquibel@wyoming.com
• Rep Patrick Goggles - Ethete - pgoggles@wyoming.com
• Rep. Timothy Hallinan - Gillette - tphallinan@bresnan.net
• Rep. Elaine Harvey -Lovell - harvey00@tctwest.net
• Rep. Lori Millin -Cheyenne - lorimillin@bresnan.net
• Rep. Lisa Shepperson - Casper - lshepperson@wyoming.com
  

Here are the talking points offered by Ms. Frey --

"The message is simple: (information from the Wyoming Children's Action Alliance issue brief Health Care a National Priority)

1. Wyoming's Equality Care and Kid Care CHIP programs have been very successful in helping to ensure more children from the target population, those from poor and low income families.
2. Despite this success, the percentage of uninsured children from income brackets never eligible for government sponsored increased from 1995-2005.
3. Working parents in Wyoming that earn between 200 and 300% of the federal poverty level are often unable to provide health insurance for their children.
4. The funding for the bill has been reduced dramatically to $ 94,355 to provide health care for eligible children.
5. Amendments to the bill require a increase of the parent co-pay and a parent payment of a portion of the insurance premium.
   

As the ESPC has noted previously, expanding the program to cover uninsured children in families making 300% of poverty merely recognizes that insurance costs have escalated to the point that even families with decent incomes cannot afford the cost.

Prime sponsor Sen. Mike Massie has presented statistics showing that the average health care policy in Wyoming covering families costs $12,800 per year. State employees pay more than $15,000 per year for family coverage. Buying insurance on the open market would take 20% of the gross income (before taxes) of families at 300% of the poverty level, Sen. Massie pointed out - an option these families could not choose and still pay for other family needs.

This bill, Ms. Frey noted, is supported by the Wyoming Education Association, the AARP, the Hospital Association, the Nurses Association, the Equality State Policy Center, and the Wyoming Children's Action Alliance and its allies.

Mental health coverage for First Responders fails

One last note ... Chairman Landon also noted that he will not bring up SF 18 Mental injury - workers compensation. The bill had been heavily amended but was a chance to address mental injuries suffered by First Responders, that is, fire fighters, police, and EMTs, in the line of duty. Sen. John Hastert steered it through heavy opposition in the Senate, but could not overcome resistance in the House. He had hoped the bill would be pulled out of House Labor and referred to House Judiciary, but that effort did not work out.

Deanna Frey contributed mightily to this report.

Workers' compensation reform

COLA sticks on bill increasing benefits

KidCare bill comes up Monday night

After fighting off an effort to delay adjusting payments to permanently disabled workers to account for inflation, the bill that will increase benefits for injured Wyoming workers and their families was approved by the Senate Labor, Health and Social Services Committee on Friday.

The bill was helped by testimony from Laramie construction contractor Gregory Stouffer and Richard Johnson, who has been on Permanent Total Disability payments from the Wyoming Workers’ Compensation system since the 1980s. Both argued for implementing the proposed Cost of Living Adjustment, which would increase benefits by up to 3% annually for the 184 people on Permanent Total Disability.

Stouffer told of a former employee of his who was injured in 1993 and lost 80% of his lung capacity. The employee, identified as “Carl N.” by Stouffer, originally was awarded monthly Permanent Total Disability (PTD) benefits of about $1,600. The benefit was adjusted once years ago, he said, rising to about $1,800 per month. Stouffer argued that rents and wages have doubled since Carl’s injury, but his award amount remains fixed.

The division has made life tough for Carl and has ignored its own rules, Stouffer said. He “has had to fight the division over his status” and once lost his benefits for 14 months. When the benefits were restored, the division forced him to settle for half of what he was due. “He should not have to re-file annually for his benefits,” Stouffer said of his former employee.

Instead, the division has “tried to squeeze the remaining life out of Carl” and his family, and has even told him he would get more benefits if he was not married.

Richard Johnson strives to survive on annual PTD payments of about $13,000 and last year gained some fame when the Wyoming Supreme Court, at the urging of attorney George Santini, ordered the Workers’ Compensation Division to end its practice of considering Johnson’s wife’s earnings when it calculated his extended benefits. (That's a photo of Richard, left, and George outside the Senate hearing room Friday morning.)

Johnson described a litany of woes involved in his dealings with the division.

“I’ve already suffered the hardships of this stuff,” he said. “Let’s do something to get this straightened up.”

Department of Employment Director Gary Child, the former director of the Workers' Comp division, and other division employees attended Friday's hearing. None disputed comments by either Stouffer or Johnson.

The committee voted 1-4 to defeat Chairman Charles Scott's amendment that would have offered a COLA only on extended permanent total disability payments - basically subjecting an injured worker to the benefits-eating appetite of inflation for eight years before the COLA would be applied.

House Bill 54 Workers’ compensation amendments will:

• Increase dependent children’s, death and permanent impairment benefits;
• Provide a minimum and extend the duration of temporary total disability benefit;
• Provide an annual cost of living adjustment to permanent total disability benefits;
• Extend the maximum duration of vocational rehabilitation benefits;
• Extend the period over which death benefits are paid;
• Limit the time for the Workers’ Compensation Division to recover overpayments;
• Revise the criteria for, and distribution of, employer premium credits;
• Authorize companies with as few as two employees to obtain coverage under the system;
• Require the state to pay a fair share of the costs of litigation when covered workers recover damages from third parties;
• Require the division to reconsider claims if an injured worker’s failure to meet a procedural deadline is the fault of the worker’s attorney;
• Authorize and appropriate $200,000 to two additional positions in the Office of Administrative Hearings.
  

The bill must be re-referred to the Senate Appropriations Committee for consideration of the funding for the new positions at the Office of Administrative Hearings. Then it must go through three hearings on the Senate floor.

Children’s health insurance

Monday, the House Labor committee is scheduled to consider Senate File 39 Children’s health insurance program. The ESPC and many of its allies, including the Wyoming Children’s Action Alliance, support the measure, which was significantly amended in the Senate.

You can read comments from Marc Homer of the WCAA, who has worried the measure would die if the committee chaired by Rep. Jack Landon fails to consider it Monday evening. Here's a sample of Homer's analsis:

“Working parents in Wyoming earning between 200 and 300 percent of the federal poverty level (FPL) are often unable to provide health insurance for their children. Wyoming Senate File 39 was introduced with the aim of helping parents securely know that their children’s health care needs will be met.

"If passed into law, the SCHIP program would become more equitable by covering more children across income brackets.”- Marc Homer, WCAA

You can read the ESPC fact sheet about SF 39 here. Interested parties should contact members of the House Labor Committee and ask them to support it.

Workers compensation

Increase in benefits in Senate Labor committee

The long effort to win improved benefits for people hurt on the job in Wyoming has entered the stretch run. The Senate Labor, Health and Social Services Committee listened Wednesday to a long explanation of HB 54 Workers compensation amendments and began taking public testimony on it.

Rep. Jack Landon, the chairman of the House Labor Committee, shepherded the bill through the House and ultimately won passage on a unanimous 60-0 vote. Rep. Landon would have explained the bill for the Senate committee, but he was ill. His advocacy was missed. Instead, Department of Employment Director Gary Child presented the bill to the committee. Child struck a fairly neutral tone, an appropriate stance since agency representatives are officially prohibited from lobbying legislation.

But the department’s analysis of the fiscal impacts of the benefits increases, especially its estimate of the cost of a cost of living adjustment on benefits paid permanently disabled workers, is cause for worry. Several industry representatives have raised concerns that the COLA may cost too much.

We disagree and will challenge the agency’s projections of cost. Those injured workers should not be driven into poverty by inflation. With just 184 people getting permanent total disability benefits, the $1 billion Workers Compensation fund will not be threatened by a 3% COLA.

Father testifies

The committee did take testimony from James Henderson Wednesday, a mechanic whose son-in-law was killed in a horrific oil field accident last year. Henderson drove from Casper Tuesday night so he could make his case to the the committee that the death benefits paid to survivors are inadequate. (That's a photo of him outside the committee room Wednesday morning talking with Marcia Shanor of the Wyoming Trial Lawyers Association.)

He asked the committee who calculated the formula to determine how much a person is worth. The benefits offered his daughter caused her to abandon plans to move to a home large enough for her family, which includes four children under age 9. Her pursuit of a college degree also may have to be given up, he said.

Although other members of the Henderson family are helping her financially, “none of us are in any financial position to change where they live.”

Henderson also told the committee that the system is “ is wrong morally and ethically” because it protects employers when they are negligent.

"Any employer can put someone in harm’s way at work as long as they don’t do it maliciously." - James Henderson

“Any employer can put someone in harm’s way at work as long as they don’t do it maliciously” and know that nothing will happen to them if that worker is killed or maimed, he said.

If someone gets killed, the company says only, “Oops, we’re really sorry,” Henderson said. It’s wrong for the system to send a message that there’s no responsibility.

“That doesn’t make sense to me in any form. I can’t understand it.”

Contact committee members, please

The ESPC urges supporters of increasing benefits to contact the members of the Senate Labor Committee – Sens. Charles Scott, John Schiffer, Bill Landen, Rick Hunnicutt and John Hastert – to urge them to support the benefit increases, especially the COLA on indemnity payments and the increase in death benefits. The committee resumes its hearing of the bill Friday morning at 7:30. Injured workers especially should consider attending if possible.

Helium tax

Senate Revenue Committee unanimously votes for ad valorem tax on helium

The state should go ahead and impose a property, or ad valorem, tax on helium gas produced in Wyoming, the Senate Revenue Committee declared Tuesday.

In a noon hour hearing of HB 287 – Helium property tax, the committee unanimously approved imposing the tax, just as the state imposed a severance tax last year. The bill passed the House last week on a 47-12 vote.

The state had collected severance and property taxes on the extraction of helium between 1986 and 2004 from Exxon (later ExxonMobil). The company produces large quantities of the gas at its LaBarge plant in Lincoln County. The gas is among the “impurities” Exxon takes out of natural gas it extracts from federal lands in western Wyoming.

But the gas is extracted under a contract with the federal government rather than a more traditional lease on the minerals. The company challenged the tax, and in 2007, the Wyoming Supreme Court declared that the current statutory definition of “taxpayer” does not include an entity extracting helium under a federal contract as opposed to a federal lease.

In response to the court, the 2008 Legislature amended the definition of taxpayer for the purpose of imposing severance taxes; HB 287 does the same for ad valorem (property) taxes.
The bill now moves to general file for its first hearing when the Senate sits as the Committee of the Whole.

Workers Comp amendments up Wednesday

The Senate Labor, Health and Social Services Committee will consider HB 54 – Workers compensation amendments Wednesday at 7:30 a.m. The bill reflects considerable work over the interim and includes increases in benefits such as a cost of living adjustment for injured workers living on permanent total disability and increases in death benefits.

The House passed the bill 60-0 earlier in the session.

The ESPC, the AFL-CIO, the Wyoming Trial Lawyers Association and a number of other groups affiliated with the ESPC support the bill. These supporter believe system should treat workers and employers eqaully and fairly.

It should ensure that workers receive the medical care needed to restore them to health and a productive work life as quickly as possible. It also should provide indemnity benefits that are sufficient to protect injured workers and their families from being devastated financially after a work-related injury.

No one should go broke because they went to work one day and got hurt.

House stands behind day care licensing

No free pass for employer child care

A measure that would have exempted employers who set up on-site day care facilities from state licensing requirements was killed Tuesday without debate.

The measure, HB 313 Licensing of employer day care facilities, was sponsored by Rep. Lorraine Quarberg of Thermopolis.

House leaders put the bill on its Third Reading Consent List. Those bills are not debated. A vote is taken on the list. All members generally vote yes. Once approved, the House clerk then announces the number of each bill on the list and asks members if they wish to change their votes.

When members got that opportunity on HB 313, 30 representatives stood to have their consent-list votes changed to No. The bill failed on a 29-30 vote.

Children’s advocates and others have worked hard for many years to professionalize child care in the state. Rep. Quarberg’s bill represented a step backward by allowing companies to evade the licensing rules.

Those same advocates worked hard to convince their representatives to oppose this measure. It’s encouraging to see that the majority of the House members listened and came to understand their positions. It's a victory for efforts to maintain and improve the quality of child care in Wyoming.

Property tax on helium extraction

The bill proposing a property tax on helium, HB 287, passed the House on Wednesday with a solid 47 aye votes (12 no votes, one excused).

The bill addressed a tax loophole left after a 2007 Wyoming Supreme Court decision which held that helium extracted by ExxonMobil in its gas stream in Sublette County could not be taxed.

The Court made this ruling on the grounds that Wyoming law currently defines a taxpayer as a “lessee” or “lessee’s assignee,” whereas in this particular case, ExxonMobil extracts the helium under a federal contract rather than a lease.

Further, an attorney for ExxonMobil argued in committee that the company did not own the helium at the point of production and therefore could not be held liable for property tax – not mentioning that under the terms of the contract, ExxonMobil ultimately becomes the sole buyer of the helium.

In Committee of the Whole debate Monday, Rep. Tom Lubnau of Gillette said that “If it looks like a duck, and walks like a duck, and quacks like a duck, then we should tax it like a duck.” Today, he took his analogy further to say, “Do we really want this camel’s nose under the tent?” If a company can evade taxation by moving the point of ownership, he argued, then pretty soon we’ll see other companies engaged in mineral extraction doing the same thing.

This argument was echoed by Speaker of the House Colin Simpson of Cody and by Speaker Pro Tempore Frank Philp of Shoshoni, the lead sponsor of the bill. Speaker Pro Tem Philp also pointed out that, prior to the Wyoming Supreme Court decision, the taxes had been paid.

Freshman Rep. Jim Roscoe of Wilson, whose district includes Sublette County, said the bill makes clear that all valuable minerals are subject to severance and property tax. Although he did not mention this, the Sublette County school district is a recapture district, so the helium revenues will benefit schools all over Wyoming.

ESPC researcher Sarah Gorin contributed to this report.

Early education advocates oppose HB 313

Stop unlicensed day care

The House approved HB 313 Licensing of employer day care facilities Tuesday on second reading. Constant readers will recall that the ESPC believes the bill’s title is a bit misleading. Rather than licensing employer day care facilities, the measure allows them to operate on site without meeting state licensing requirements.

The ESPC and Wyoming Children’s Action Alliance see no benefit to compromise on the bill. We urge advocates for safe day care services in Wyoming to contact their representatives and tell them why they should oppose it when it comes up on third reading Wednesday morning.

Proponents in the Committee of the Whole debate Monday seemed to be saying that people who do not support the bill do not support employer-sponsored, on-site child care. This is not the case. Deanna Frey of the WCAA notes that on-site child care can indeed be a very positive experience for the child and the parent. But just because the parent is close by does not necessarily mean that the child is receiving care in a safe and healthy environment.

And other critics have noted that there is no guarantee that parents will be working near on-site care centers. Energy industry workers especially may find themselves miles away from their office in the course of the work day.

Licensing provides basic provisions for health and safety, for example:

• background checks for employees;
• age requirements for employees; minimum training for employees;
• facilities that have passed fire, health and sanitation inspections;
• staff trained to administer medications;
• square footage requirement to ensure adequate space to play and learn;
• outdoor play space;
• staff/child ratios that provide for the opportunity for children to form relationships, and receive the care and education appropriate to their needs.

Proponents also said Monday that employers still must consider the liability surrounding such operations, so will operate them safely.

But that may not be the case if an employer decides to cut corners in order to keep costs down. The prospect of suing an employer will be cold comfort to parents who could see a child injured because staff is not properly screened or trained or, worse, find that the failure to meet minimum fire safety requirements resulted in their child’s death.

Good employers will meet these basic requirements. But exempting all employers from licensing requirements will make it easier for an economically-troubled business to cut corners. They know there will be no third-party inspector who checks to see that children are safe and properly cared for in on-site centers.

Please email or contact your representative before 10 a.m. Wednesday, Feb. 11. Urge them to vote No on HB 313.

Property tax refund bill delayed

Meeting at the noon recess Tuesday, the Senate Revenue Committee ran out of time and postponed consideration of HB 138 Property tax refund program.

The bill fine-tunes a tax relief program for people who have lived in the state five years and whose gross household income falls well below the statewide median income or median income of their county, whichever is greater.

This is “circuit breaker” property tax relief, since it helps longer-term residents of growing areas that have seen steep increases in property values, such as Park, Sheridan and Teton counties.

The new legislation also changes the program, which started last year, to expand qualification to households in which each individual person has assets of $100,000 or less. The existing asset limit is $50,000 per person in the household. It also exempts retirement funds, such as a 401K accounts, and medical savings accounts from counting toward the total assets of the applicants.

Senate Revenue Committee Chairman John Schiffer of Kaycee said the hearing of the bill will resume when the committee meets again later this week. Sen. Schiffer is a co-sponsor.

The ESPC supports HB 138.

Child health insurance program reinstated

Senate goes for broader KidCare

Chances for gaining needed expansion of Wyoming’s KidCare CHIP program improved Monday when the Senate approved a bill enabling children in families earning up to 300% of poverty-level income to enroll in the program.

Senate File 39, Child health insurance program, was amended last Friday to hold the expansion to children in families earning incomes up to 250% of poverty-level income. Sen. Eli Bebout, who offered the amendment, said the 300% level would encourage people to drop private insurance for their children in favor of the state program.

On Monday, prime sponsor Sen. Mike Massie, photo at left, brought an amendment to address those concerns. He noted that expanding to 300% will provide coverage to about 1,700 children who currently lack health insurance.

His amendment excludes families whose children are eligible for employer-provided insurance, even if the family hasn’t taken it.

Sen. Bebout liked the amendment, but still argued that employees would choose coverage only for themselves and not their children on the assumption they could get KidCare CHIP. He said $45,000/year is a good income for a family of three in Wyoming. People earning that amount can afford their own insurance if they keep their priorities straight, he suggested.

But Sen. Michael Von Flatern of Gillette noted that many families earning $45,000 per year do so through part-time jobs with employers who don’t offer health insurance benefits to part-time workers.

The debate sparked a tart comment from Sen. Curt Meier of Torrington. He said employers will not offer insurance for employees’ dependents if they know the employees can turn to the state. “Enough socialism is enough socialism,” he said.

But Sen. Massie said family insurance is just not affordable for many families at this income level. He presented statistics showing that the average health care policy in Wyoming covering families costs $12,800 per year. State employees pay over $15,000 per year for family coverage. Buying insurance on the open market would take 20% of the gross income (before taxes) of families at 300% of the poverty level, he pointed out - an option these families could not choose and still pay for other family needs.

The amendment passed 16-11 and the bill itself was approved by a wide margin (26-3 with one excused).

Property taxes on helium

Ad valorem (property) taxes will be assessed on all helium extracted in Wyoming under HB 287 Helium property tax, approved in House Committee of the Whole on Monday.

House Speaker Pro Tempore Frank Philp of Shoshoni said that some helium currently escapes property taxation because it is extracted through a contractual arrangement rather than a lease, and is the only valuable mineral extracted in Wyoming that is not taxed. He noted that last year the Legislature approved imposing severance taxes on helium.

The helium property tax bill resulted from a Wyoming Supreme Court decision saying that Wyoming’s property tax statutes define a taxpayer as a “lessee” or “lessee’s assignee,” but not a contractor. If the Legislature wants to tax helium extracted under a contractual arrangement, the Court said, then legislators need to put that in the law – hence HB 287. (Helium extracted from private and state lands and from federal lands under a lease arrangement already is taxed.)

Revenue Committee Chairman Rodney “Pete” Anderson of Pine Bluffs pointed out that property taxes were paid on helium until the Wyoming Supreme Court decision, when the state’s major extractor of helium suddenly declined to pay.

Chairman Anderson did not name the company, since naming companies, individuals and organizations during debate is against House rules. But the company is ExxonMobil, which has a long history of aggressively testing Wyoming’s mineral tax system.

Rep. Mike Madden of Buffalo argued there is no substantive difference between a contract and a lease, so legislators should not get hung up on the “oddity” of the arrangement and approve taxing helium like any other mineral.

Rep. Tom Lubnau of Gillette brought some humor into the debate when he advised his colleagues that if “it looks like a duck, walks like a duck, and quacks like a duck, then we should tax it like a duck.”

Opponents argued that the bill was “changing the rules in midstream” and would disrupt investments made by companies extracting or planning to extract helium. Speaker Pro Tem Philp noted the companies were paying the tax prior to the Wyoming Supreme Court decision, and surely are watching what is going on in the industry, they could hardly be surprised at the re-imposition of property taxes.

The measure passed Committee of the Whole overwhelmingly on voice vote and will move to second and third readings on Tuesday and Wednesday.

De-regulating child care

House Bill 313 Licensing of employer day care facilities passed on general file by a vote of 29 for 28 against Monday evening. The bill’s title is a bit misleading, since it allows employers to open a daycare center on site without meeting state licensing requirements.

Speaking in favor of the bill were Reps. Lorraine Quarberg, Thermopolis, Jack Landon, Sheridan, Bob Brechtel, Casper, Erin Mercer, Gillette, Mike Madden, Buffalo, Del McComie, Lander, David Miller, Riverton, and Tom Lockhart.

Reps. Cathy Connolly, Mike Gilmore, Casper, Elaine Harvey, Lovell, Tom Lubnau, Gillette, Saundra Meyer, Evanston, and Lori Millin, Cheyenne, opposed the bill.

The speakers fell into two distinct camps on this bill:
* Why wouldn't a company want to license their child care? Licensing provides for the basic health and safety needs of children.
* Licensing is not necessary because parents know what is best for their children.

The ESPC and the Wyoming Children’s Action Alliance oppose the bill. (Since the bill passed Committee of the Whole, there is no roll call vote.) It will be up for second reading Tuesday.

ESPC researcher Sarah Gorin contributed to this report. Thanks also to Deanna Frey of the Wyoming Children's Action Alliance

House stands up for equality

Defense of Marriage bill defeated

Members of Wyoming's House of Representatives soundly defeated a proposed constitutional amendment that, if passed by voters, would have prohibited the state from recognizing any union other than of a man and a women, including same-sex marriages legally made in other states or countries.

The House voted down HJR 17 - Defense of marriage on a 25-35 vote, sending a strong message that Wyoming will not enshrine discrimination in its constitution. The measure would have placed the proposed amendment on the 2010 general election ballot for a vote of Wyoming citizens.

The bill, sponsored by Reps. Owen Petersen, Ed Buchanan and others, was pushed by Wyo Watch and a Colorado group, Focus on the Family. They argued it would protect the institution of marriage in Wyoming and secure the benefits of marriage for society far into the future.

But speaker after speaker questioned their claims.

"What is the common good?" asked former speaker Roy Cohee, the Casper representative who now chairs the House Transportation Committee. "Is the common good to tear at the fabric of society?"

"I'm here to make a choice today," he said. Cohee told the members that they had been getting emails and phone calls from people on both ends of the Wyoming political spectrum, demanding passage of the amendment or votes against it. He asked for consideration of the silent middle of the electorate. House members should consider the answer they would get if they asked 10 of their good friends at home about the proposal, he said.

"Those folks that do not call you," he said, "they would say, 'Don't you have something better to do?'"

Noting that some proponents had argued the Bible says homosexuality is a sin, Rep Sue Wallis of Gillette recounted many other sins listed in Leviticus for which the penalty is death, including gathering firewood on Saturday, adultery, shaving, cross-breeding livestock, and eating non-kosher foods like shrimp.

Her Gillette church welcomes same-sex couples and "couples of all kinds," she said. The bill should not have been titled the Defense of Marriage Act, Rep. Wallis declared. It truly was the "Defense of State-sponsored Bigotry Act," she said.

Rep. Pat Childers of Cody told the House about his lesbian daughter who has become a successful professional but would be denied rights accorded heterosexuals. He suggested the state should find a legal way "to allow these people to have their rights" such as a civil union process that does not involve a religious sanction of marriage.

"Why don't we separate that?" he asked, and keep church and government separate.

Rep. Pat Goggles of Arapahoe, the lone Native American in the legislature, noted he solicited the votes of gays in his district when he ran for election. They elected him, he said, "to speak on their behalf."

"I look upon this state as the equality state," Goggles said. "And I urge you to maintain this status as the Equality State."

Rep. Dan Zwonitzer of Cheyenne noted that Wyoming historically is the site of the murder of Matthew Shepard, a gay man killed in Laramie in 2008. But it is also the Equality State, the place where women were first given the vote and the state that elected Nellie Tayloe Ross, the nation's first governor, and the first female public official, Esther Hobart Morris.

A campaign in 2010 over gay marriage would bring many outside interests to pour money in the state to push both sides of the issue in an ugly contest. "Our state will be ripped apart at the seams," he warned.

Rep. Cohee pointed to the words of Jefferson in the Declaration of Independence that say all people have a right to "life, liberty, and the pursuit of happiness." Cohee said he has been married 40 years. "How can my marriage be defended" by a state law?

Rep. Childers noted his lesbian daughter "was born that way." Wyoming does not discriminate against people for whom or what they are.

"Ladies and gentlemen," Rep. Childers said. "This bill is wrong."

Rep. Steve Harshman of Casper handled the debate from the Speaker's chair. He declared the bill had failed and called on members to stand to be counted - 25 yeas and 35 nays.

The story got big play in the state, in Cheyenne, Casper and on television. (Watch Channel 13's Feb. 6 broadcast.)

A personal note

It was a rewarding moment for all who worked so hard to defeat this discriminatory legislation. Thanks to Bob Spencer of Wyoming Equality and other members of the ESPC coalition. But also kudoes to the students from Casper and Bert and Carolyn Toews who drove to Cheyenne Monday to picket and sing for peace and tolerance in front of the Capitol. And thanks to the students from the University of Wyoming who rallied in Cheyenne Tuesday afternoon while the House Judiciary Committee took testimony from both sides in Room 302.

And a special thanks to all of you working behind the scenes across the state: Mary, Shannon, Terry, Bob and Bob, Liz, Dee, Tom, Melanie, Erich, Jolene, and many others - you know who you are.

Mental health/First responders

The Senate approved SF 18 – Mental injury – workers’ compensation after sponsor Sen. John Hastert successfully convinced the senators that it could cover First Responders in a two-year trial.

Sen. Hastert originally hoped to cover all workers who suffer mental injuries at work. But fears of unknown costs forced narrowing the bill only to cover First Responders such as EMTs, fire fighters, and police. It’s hard to convince people that advances in mental diagnoses over the past 20 years make it possible for a doctor to determine whether someone truly is suffering from Post Traumatic Stress Disorder.

Over the past six months, critics of the idea raised all sorts of fears, including the idea that a worker would claim a mental injury if denied a promotion. Current state law says a mental injury must be tied to a physical injury – itself a somewhat irrational concept. How does a broken arm or smoke inhalation cause PTSD that a First Responder suffers after seeing a friend killed in a blast at a fire or a baby horribly beaten at a crime scene.

Hastert noted there have been few cases, anyway, so the benefit probably does not carry a high cost. The idea of a two-year trial period carried the day when President John Hines cast the deciding vote in a 15-14 victory for all those who work in public safety agencies, both paid and volunteer.

Ad valorem tax on helium

The House Revenue Committee this morning approved HB 287, Helium – property tax. There have been long-standing problems with taxation of helium, a federally-owned “strategic” mineral. Last year, the Legislature approved a bill to impose severance taxes on helium extraction. This bill imposes property taxes as well.

The bill was sponsored by House Speaker Pro Tem Frank Philp (R-H34, Shoshoni), along with co-sponsors Pete Anderson (R-H10, Pine Bluffs), Ed Buchanan (R-H4, Torrington), Kathy Davison (R-H20, Kemmerer), Jim Roscoe (D-H22, Wilson) and Senator John Schiffer (R-S23, Kaycee).

Helium is produced along with sour gas in the fields in southwestern Wyoming, where the gas has to be processed to remove impurities, which in themselves may be marketable – such as sulfur and helium. Back when dirigibles were in vogue, the federal government designated helium as a strategic mineral, and its extraction and sale is closely controlled.

To date, the only company extracting helium is ExxonMobil at its Shute Creek plant. ExxonMobil has a long history of stiffly resisting taxation, going back to the late 1980s when it refused to pay taxes on extraction at Shute Creek on the grounds the gas had no value.

ESPC lobbyist Sarah Gorin urged the committee to approve the bill, noting that the roomful of legal talent obviously portended a dispute, so the state “might as well get on with it.”

Lawyer/lobbyists no doubt billing at least $250/hour included Patrick Day of Holland & Hart, who led off opposition to the bill on behalf of ExxonMobil; Walter Eggers of Holland & Hart also was in the room. Brent Kunz of Hathaway & Kunz, who has represented ExxonMobil for many years, was present, along with Sara Tays, an ExxonMobil lobbyist flown in from Texas.

The committee ran out of time to hear from all the opponents, but voted the bill out in an effort to get it debated on the floor on Monday (the last day for bills to get through Committee of the Whole in the House).

Representatives Amy Edmonds (R-H12, Cheyenne), Ken Esquibel (D-H41, Cheyenne), Patrick Goggles (D-H33, Ethete), Mike Madden (R-H40, Buffalo), Mark Semlek (R-H1, Moorcroft), and Sue Wallis (R-H52, Recluse) voted for the bill. Committee chair Pete Anderson (R-H10, Pine Bluffs), David Miller (R-H55, Riverton, and Owen Petersen (R-H19, Mountain View) voted no. Chairman Anderson indicated he wanted the bill to go to the floor, but voted no to indicate that he thinks there needs to be more discussion.

Bump in the night

Sen. Cale Case’s effort to set up a legal framework enabling counties that do not have zoning laws to regulate lighting failed on third reading Friday. Sen. Case’s outdoor lighting bill was aimed at preserving Wyoming’s dark skies.

Opponents raised questions about unintended consequences of the bill, including giving a club to “someone” who wants to stop progress.

Sen. Charles Scott of Casper urged the members not to be afraid of things that go bump in the night. The bill really would encourage the use of focused, more efficient lighting, he said.

The Senate was having none of it and killed the bill when 15 senators voted No.

Keeping them down

A rushed hearing over the noon hour just barely gave two Cheyenne servers time to tell the House Labor Committee about their work situations at local establishments that do not make certain they make at least the minimum wage.

They commented on a bill that would have raised wages for tipped employees from $2.13 an hour (say it again, two-dollars-thirteen-cents per hour) to the startling wage of five dollars an hour.

One worker said she averages about $4.50 an hour when serving and about $5.50 when bartending at a local hotel, counting both tips and her hourly pay. The other server reported making slightly more. Both noted that employers expect them to perform duties that should receive the federal minimum wage such as busing tables, hosting, handing cashier duties, and other clean-up and maintenance. They don't get the money.

Both servers got a good lesson in power when restaurant association lobbyist Lynn Birleffi showed the committee a poster declaring workers are owed minimum wage. The poster must be put up where employees can see it, she said.

Workers who don't get the minimum should tell their employers, Ms. Birleffi said. If the employer refuses to pay, the workers should report it to the department of labor. Raising the minimum wage from $2.13 per hour would devastate the industry, she added, and drive up menu prices. That should not happen because their are a few "bad actors" in the industry, she asserted.

What Ms. Birleffi did not admit that workers fear losing their jobs if they complain. Other servers who told the ESPC they would testify cancelled for just that reason. One told the ESPC that it has been very difficult to see menu prices go up at place she has worked for 15 years. In that time she said she has not seen an increase in her base pay.

The committee voted 3-6 to defeat the bill. Reps. Goggles, Ken Esquibel of Cheyenne, and Kathy Davison of Kemmerer supported it.

Reps. Dave Bonner of Powell, TimothyHallinan of Gillette, Elaine Harvey of Lovell, Lori Millin of Cheyenne, Lisa Shepperson of Casper, and Chairman Jack Landon voted to kill the bill.

Nervous time

House ready to debate anti-gay bill

The legislature’s schedule hits one of the narrowest points of the general session this week as people race to get bills through committee and heard in Committee of the Whole by the end of the day Monday.

Any bill that has not made it out of committee by the end of the day Friday, Feb. 6, will not be passed this session. Any bill not approved in Committee of the Whole by Monday will fail.

Friday, (Feb. 6) the House probably will consider HR 17 – Defense of marriage in Committee of the Whole. The bill discriminates against gays and lesbians by amending the state constitution to declare that “A marriage between a man and a woman shall be the only legal union that shall be valid or recognized in this state.”

The ESPC is working hard to defeat this measure. We believe it has no place in our state constitution, a document that proudly declares, “In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal.” (Article 1, Section 2).
That said, we’ve got some good news to ponder and worries over the next few days.

Exploited, er, tipped workers

On Friday's lunch recess, the ESPC will advocate for passage of HB 30 - Minimum wage, a measure that will raise the slave-wage minimum now required for the state's tipped employees - mostly servers and bartenders. This wage is $2.13 an hour. Everyone should say that together - two dollar and thirteen cents an hour.

Most people think they're tipping servers to reward them for good service. Not so. It's supposed to take the worker to at least the federal minimum wage. If a combination of pay and tips does not raise the worker's pay to the federal minimum, employers are required by law to make up the difference. Not all of them do so.

The bill would raised the minimum to $5 an hour, still not enough but at least off a floor that should make the restaurant and hospitality industry blush red, red, red.

The bill is sponsored by Reps. George Bagby of Rawlins, Kathy Davison of Kemmerer, Mike Gilmore of Casper and Mary Throne of Cheyenne. and others. It would raise the minimum wage for all other workers to $7.25 an hour.

If tipped workers come to testify before the House Labor, Health and Social Services Committee and tell them what's really happening in the industry, perhaps the rest of the state will demand action. The hearing is in committee room H 17 about noon.

Workers’ compensation

The biggest is that the bill improving workers’ compensation benefits for injured Wyoming workers passed the House on third and final reading Thursday morning. Among other improvements, HB 54 Workers compensation amendments, includes increased benefits, better transition between temporary and permanent total disability benefits, and includes a cost of living adjustment to settlements for permanently disabled workers.

The ESPC and its allies had feared an effort would be made to pare down the COLA but it never materialized. In fact, the way largely was cleared for the bill after Chairman Jack Landon of Sheridan explained the bill for its Committee of the Whole hearing on Tuesday. Speaker Colin Simpson sparked a standing ovation in the House when he thanked the past and present members of the House Labor Committee and its chairman for all their work on the bill.

(Some members of the committee who worked the bill over the past year moved to new committees when the 60th Legislature was organized in December. They include Rep. Mary Hales of Casper, Tom Lubnau of Gillette, and Jeb Steward of Saratoga.)

It was obvious everyone has learned that the program’s benefits are in a sorry state and must be updated. The Senate will take up the bill next week, where it will be sent to the Senate Labor Health and Social Services Committee.

KidCare CHIP

Wednesday, the Senate Appropriations Committee approved SF 39, Child Health Insurance Program on a 4-1 vote. Committee Chair Phil Nicholas (R-S10, Laramie) voted yes, along with Senators Mike Massie (D-S9, Laramie, the bill sponsor), Ray Peterson (R-S19, Cowley) and Chuck Townsend (R-S1, Newcastle). Senator Curt Meier (R-S3, LaGrange) voted no.

With more federal funding coming from passage of the CHIP bill in Congress, the state's share of funding to expand the program to families with incomes from 200% to 300% of the federal poverty level will be less than $100,000 for the next year.

Most of the Appropriations Committee wanted to have working families pay a part of the premium for the policies covering their children and amended the bill to require payments of $40/child/month (to a maximum of $80) for families with incomes above 200% of the federal poverty level. (Federal law allows families to be charged a share of premiums or to make co-pays up to an amount equal to 5% of their annual gross income. Under the current program, families make co-pays up to $200/year.)

Sen. Massie has the following co-sponsors on the CHIP bill: Sens. Ken Decaria (D-S15, Evanston), John Hastert (D-H13, Rock Springs), and Tony Ross (R-S4, Cheyenne) and Reps. Kathy Davison (R-H20, Kemmerer), Debbie Hammons (R-H27, Worland), Pete Jorgensen (D-H16, Jackson) and Lori Millin (D-H8, Cheyenne).

Thursday, Feb. 5, SF 39 passed Committee of the Whole (the first opportunity for floor debate) in the Senate.

Worker safety issues spotlighted

Rep. Tim Stubson of Casper filed a bill to block workers’ access to the courts when a supervisor knowingly sends them into a dangerous situation and they are injured. Stubson’s House Bill 64 – Co-employee immunity was defeated on a close 4-5 vote in the House Judiciary Committee late Wednesday night.

Really late – the Judiciary Committee also considered a bill focused on the carnage in Wyoming’s oil fields, HB 273 – Duty owed to employees of independent contractors. In the course of discussing the two bills, the hearing evolved into a seminar on tort law featuring Rep. Mary Throne of Cheyenne, Rep. Frank Peasley of Douglas, Chairman Keith Gingery of Jackson, defense attorneys Pat Murphy and Richard Mincer, and trial attorneys John Vincent and Tom Jubin. Vincent and Jubin kept the discussion focused on the devastating effects workplace fatalities and injuries have on families.

The committee killed HB 273, but Rep. Throne, who voted against the bill, noted that oil and mining industry representatives had argued strongly that Wyoming needs a better occupational safety program to reduce Wyoming’s fatality rate, which ranks first in the nation. (A record 48 Wyoming workers were killed on the job in 2007. From 2003-2007, 81,010 Workers’ Compensation injured were reported in the state.)

Looking ahead

The Wyoming Education Association's daily bill report noted Thursday night that the legislature will begin tackling the Joint Appropriation Committee’s (JAC) $165.4 million supplemental budget bill early next week. The bill is now available to the public and can be viewed on the Legislature’s Web site.

The House and Senate will each receive identical "mirror" copies of the budget bill, HB 1 and SF 1, to debate beginning with Committee of the Whole reading on Tuesday. Second reading of the bill is expected on Wednesday, followed by third reading on Feb. 13.

ESPC researcher Sarah Gorin contributed to this post.

Blue, blue day in Cheyenne

House Judiciary Committee approves Defense of Marriage

Proposed amendment sends message of discrimination against gays, lesbians

Despite the work of advocates from Casper, Cheyenne, Laramie, and elsewhere around the state, the House Judiciary Committee Tuesday backed passage of a constitutional amendment that will allow the state to discriminate against gay, lesbian and transgendered people married in other states.

"This is contrary to every Wyoming value that I was raised with." -- Rep. Mary Throne, Cheyenne

The measure calls for an amendment that will make clear that the state does not have to recognize legal marriage contracts made in other states. Wyoming no longer would be required to recognize valid marriage contracts made in other states or countries if those contracts involve two people of the same gender.

Worse, it precludes state recognition of any other legal union between two human beings.

That means that the state legislature will not have the authority to establish civil unions joining two gay or lesbian people in something similar to marriage, thus recognizing their committed relationship.

The Equality State Policy Center and its allies worked hard but unsuccessfully to defeat the bill in committee. House Resolution 17 – Defense of marriage is, and will be seen as discriminatory against a particular class of Wyoming residents: those who are not heterosexual.

It is a sad day for a state that prides itself on a long record of supporting and maintaining the liberty and freedom of all its citizens to live life as they please. Wyoming was the first state to extend the right to vote to women, firmly establishing its motto as the Equality State.

If the amendment wins final passage from the legislature and ultimately is approved by Wyoming voters, all state citizens will no longer be free from the burdens of state interference in one of the most basic private rights held by citizens, the right to choose a mate.

The measure was approved on a 5-4 vote by the committee. Reps. George Bagby of Rawlins, Richard Cannady of Glenrock, Erin Mercer of Gillette, Lorraine Quarberg of Thermopolis and Frank Peasley of Douglas voted for the amendment. Rep. Cannady said he may oppose it on the House floor.

Reps. Joe Barbuto of Rock Springs, John Patton of Sheridan, Mary Throne of Cheyenne and Committee Chairman Keith Gingery of Jackson opposed the measure.

The committee voted after taking testimony for two hours in the morning, about two hours over the lunch recess and again at adjournment Tuesday evening.

Rep. Throne was eloquent in her opposition to the measure. She noted that the presence of state troopers in the hallways outside Room 302 of the Capitol “tells us it is a very emotional issue.”
Conceding gently that the proponents of the measure displayed their commitment to their own values of what a family is, she specifically objected to the idea of inserting discriminatory language into Wyoming’s Constitution.

“This is contrary to every Wyoming value that I was raised with,” she said, noting her family homesteaded in Wyoming and lived by the creed that neighbors care for one another without discrimination. “This is not what we’re about as a state.”

The ESPC will work hard to defeat the bill on the House floor. Since the resolution proposes a constitutional amendment, it must receive the positive votes of at least 40 members of the House to pass and move on to the Senate.

Different constitutional amendment bites the dust

While House Judiciary was busy with the gay marriage amendment, the Senate Revenue Committee heard a proposed constitutional amendment (SJ 6) to put residential property in a separate tier (tax category) and to allow the Legislature to set the amount of tax and to limit increases in taxes.

Currently, residential property is in a tier called “all other property” that includes agricultural and commercial.

Senator Dan Dockstader (R-S16, Afton) sponsored the proposed constitutional amendment, along with co-sponsors Sen. Stan Cooper (R-S14, Kemmerer), and Reps. Kathy Davison (R-H20, Kemmerer), Robert McKim (R-H21, Afton), and Jim Roscoe (D-H22, Wilson).

The ESPC testified that the current tier system should not be changed without careful consideration, and that putting residential property into a separate tier would mean that future Legislatures would be spending all their time on property tax issues. We also pointed out that if the Legislature wants to reduce property taxes, it can do so now with mechanisms such as the homestead tax exemption now making its way through the House.

The proposed constitutional amendment died for lack of a second on the “do pass” motion.

Anti-union resolution fails

Late Tuesday evening, the House Transportation Committee killed HR 13 – Employee Free Choice Act. Labor groups argued the measure did not accurately reflect federal law governing union elections.

The resolution was sponsored by Rep. Roy Cohee of Casper, Majority Floor Leader Ed Buchanan, Reps. Pat Childers of Cody, Amy Edmonds of Cheyenne, Pete Illoway of Cheyenne, David Miller of Riverton, Owen Petersen of the Bridger Valley, Lorraine Quarberg of Thermopolis, Matt Teeters of Lingle and Sens. Tony Ross of Cheyenne and Bill Landen of Casper.

The resolution called on Congress to defeat the Employee Free Choice Act, a proposed federal law expected to level a playing field that has favored employers in union efforts to organize employees.

COALITION EFFORTS BRING VICTORIES

Anti-discrimination bill clears House Judiciary committee

The House Judiciary Committee Monday passed a bill described as “simple and profound” that will prohibit discrimination based on “sexual orientation” when people use public facilities, apply for employment or engage in many other ordinary activities.

House Bill 203 – Discrimination will amend numerous points in Wyoming state statutes where discrimination is prohibited on the basis of race, gender, national origin, creed, religion, ancestry, or other criteria. The bill added “sexual orientation” to these lists.

Newly-elected Rep. Cathy Connolly (D-H13, Laramie) sponsored the bill, with co-sponsors Joe Barbuto (D-H48, Rock Spring), Dave Bonner (R-H25, Powell), Jim Byrd (D-H44, Cheyenne), Pat Childers (R-H50, Cody), Ken Esquibel (D-H41, Cheyenne), Lisa Shepperson (R-H58, Casper), Mary Throne (D-H11, Cheyenne), Sue Wallis (R-H52, Recluse), Dan Zwonitzer (R-H43, Cheyenne), and Sens. Bruce Burns (R-S21, Sheridan) and Mike Massie (D-S9, Laramie).

The measure has a “Goldilocks” quality, Rep. Connolly said, because it takes a “just right” approach and simply adds the words “sexual orientation.” It does not try to standardize the discrimination provisions scattered through state law.

“It was not the intention of this bill to tidy up those statues,” she said. Neither does it add anti-discrimination clauses where they presently do not exist, Rep. Connolly added.

People should not be denied basic rights simply because of their sexual orientation, she said. She noted a candidate forum in Laramie during the recent election yielded a consensus among candidates that “discrimination has no place in Wyoming.”

The bill sends a message that Wyoming’s gay, lesbian, bi-sexual and transgendered citizens that they are valued and protected here.

Testimony at the committee hearing supported the bill. University of Wyoming Provost Myron Allen urged passage of the measure. He noted that UW long has included sexual orientation in its own anti-discrimination clauses that govern its operations.

The university hires faculty in searches that are international in scope, competing with other universities for the best available people. In order to do so, it excludes candidates only for reasons related to their field of study. It has not always been that way. He noted that school records show that UW in the 1920s asked candidates to declare their religion, a question later determined to be unfortunate and irrelevant. He noted the university no longer asks candidates about their marital status.

The anti-discrimination clause sends a message to all candidates at the outset of a search that UW’s hiring decisions rely solely on a person’s qualifications in the field in question, Provost Allen said.

Committee members asked for evidence that discrimination based on sexual orientation is a problem in Wyoming. Linda Burt of the ACLU and representatives of the state Department of Employment noted that it is a serious problem. Burt said her organization gets many calls alleging discrimination and harassment against gays and lesbians.

Cherie Doak of the Department of Employment said the agency knows of a number of assaults, including sexual assaults, in industrial mancamps against people who “presented” as gay or who somehow did not project the image of masculinity many people hold of oil patch workers.

“There is some egregious discrimination that is taking place out there,” she said.

Cheyenne resident Sarah Burlingame said that friends of hers living far from Wyoming view the state as “unfriendly and hostile” to gays, largely because of the perception of the state generated by the murder of one of its gay students, Matthew Shepard, ten years ago. Wyoming Education Association lobbyist Matt Kruse declared that the teachers' association, a member of the ESPC coalition, supports the bill.

Cheyenne Stephen Melcher opposed HB 203, declaring that the country is engaged in a "cultural war." When he suggested the state is heading toward creating a "protected class" of citizens with greater rights than others, he mirrored in part arguments that the individuals and groups promoting the proposed constitutional amendment to prohibit recognition of gay marriages in other states. The proposed constitutional amendment will be heard in the same committee Tuesday morning. (See note about protesters, below.)

Judiciary Committee member Rep. Frank Peasley of Douglas questioned the reach of the HB 203. “I didn’ realize how complicated this is,” he said. But Rep. Mary Throne of Cheyenne disagreed and pointed to the evidence of discrimination reported by the Department of Employment as plenty of justification for approving the measure.

“We should not be fearful of the reach,” she said.

Readers can see the committee vote on HB 203 on the LSO website.

The bill now moves to General File, the list of bills waiting to be debated on the floor of the House. Supporters of the bill will have to watch that list to make certain the bill is brought up by House floor managers for debate in Committee of the Whole.

Tort “reform” goes down again

It was a busy day for House Judiciary Committee members; since the anti-discrimination bill took up their morning meeting time, they met again at noon and on adjournment to consider HJ 6, Noneconomic damages – constitutional amendment – 2, often called tort reform by proponents and “tort deform” by opponents.

The proposed constitutional amendment would have allowed the legislature to set a limit on non-economic damages that could be awarded in personal injury cases.

It was nearly identical to the proposed constitutional amendment defeated by Wyoming voters in 2004 (Amendment D), with the addition of language saying the legislature could not set the limit below a cap of $250,000.

The broad coalition of groups working together in the ESPC took a strong stand against the 2004 ballot measure because it was widely perceived as the beginning of a broader campaign to limit liability for faulty or negligent products or services. The ESPC believes the jury system can be relied upon to decide damages appropriate to individual cases. And although proponents of the 2004 measure predicted doctors would leave Wyoming “in droves” if the ballot measure failed, the exodus did not occur.

Monday’s discussion rehashed many of the same arguments heard in 2004 with proponents claiming passage would make it easier to recruit physicians, especially primary care doctors, to the state. Support for HJ 6, sponsored by Dr. Timothy Hallinan (R-H32, Gillette) came from the Wyoming Medical Society, the Wyoming Hospital Association and Gov. Dave Freudenthal.

Opponents included the ESPC, and the Wyoming State AFL-CIO and the Wyoming Trial Lawyers Association, both members of the ESPC coalition.

The committee split 4-5 to defeat the bill. Those supporting HJ 6 were Reps. Erin Mercer (R-H53, Gillette), John Patton (R-H29, Sheridan), Frank Peasley (R-H3, Douglas), and Lorraine Quarberg (R-H28, Thermopolis).

Voting against HJ 6 were committee chairman Keith Gingery (R-H23, Jackson) and Reps. George Bagby (D-H15, Rawlins), Joe Barbuto (D-H48, Rock Springs), Richard Cannady (R-H6, Glenrock), and Mary Throne (D-H11, Cheyenne).


Homes ….. or Wal-Mart?

Members of the House today debated two property tax reduction bills.

The first, HB 68, embodied Governor Freudenthal’s proposal for a homestead exemption and was sponsored by the Joint Revenue Interim Committee.

The second, HB 87, was sponsored by House Speaker Colin Simpson (R-H24, Cody) and co-sponsored by Reps. Ed Buchanan (R-H4, Torrington), Keith Gingery (R-H23, Jackson), David Miller (R-H55, Riverton) and Sens. Eli Bebout (R-S26, Riverton), Hank Coe (R-S18, Cody) and Grant Larson (R-S17, Jackson). This bill proposed a reduction in the assessment ratio (the percentage of value upon which tax is levied) for “all other property” from 9.5% to 8.25%.

The ESPC’s analysis of the relative impacts of HB 68 and HB 87 is available here.

The homestead exemption reduces property taxes only for homeowners who have lived in Wyoming for at least three years. Lowering the assessment ratio reduces property taxes not only for homeowners but also for agricultural and commercial properties, including big box and telecommunications companies.

The reduction in both bills was limited to one tax year only.

Further, the homestead exemption provides a greater reduction in taxes for owners of lower-value homes, whereas lowering the assessment ratio reduces taxes across the board by the same percentage.

Debate on the two bills focused mainly on these two points. Speaker Simpson characterized the homestead exemption as “discriminatory,” although he pledged his support to any property tax reduction measure that would pass the House. Members favoring HB 68 objected to reducing property taxes for high-end homeowners who do not need the help. Yet other members opposed any further property tax reductions beyond the existing property tax refund and deferral programs.

The House passed HB 68 but voted down HB 87. An action to kill a bill requires a roll call vote, which can be seen on the LSO digest of action on the HB 87.

In addition, a bill expanding eligibility for the existing tax refund program for the elderly and disabled (HB 238) passed the House Revenue Committee this morning on a 5-4 vote. The tax refund program is not limited to property taxes, but those are a principal component of taxes paid by Wyoming residents.

Rep. Pat Childers (R-H50, Cody) sponsored HB 238, co-sponsored by Reps. Roy Cohee (R-H35, Casper), Kathy Davison (R-H20, Kemmerer), Saundra Meyer (D-H49, Evanston), Mary Throne (D-H11, Cheyenne), and Sens. Bruce Burns (R-S21, Sheridan), Hank Coe (R-S18, Cody), Tony Ross (R-S4, Cheyenne), and Kathy Sessions (D-S7, Cheyenne).

Oh, those kids

About 30 people (see photo above) from Casper drove to Cheyenne to protest HR 17 - Defense of Marriage. The bill calls for a constitutional amendment that would direct the state not to honor valid marriage contracts made in other states or countries if those marriages are of two people of the same gender.

The group, mostly made up of young men and women under 30, sang songs calling for tolerance and picketed in front of the Capitol late in the afternoon. Students from UW have organized another rally scheduled Tuesday afternoon at 1 p.m. at the Capitol. All are invited to attend.

Last but not least, health care

A bill giving the Wyoming Healthcare Commission (WHCC) a slightly longer life cleared the House Labor, Health and Social Services Committee Monday evening. While the ESPC has not been a huge fan of the WHCC, a decision not to extend its existence would leave valuable studies and data in limbo and leave a power vacuum likely to be filled primarily by insurance company lobbyists.

The bill, HB 253 - Health care commission, was sponsored by House Labor, Health and Social Services Committee chairman Jack Landon (R-H30, Sheridan) and co-sponsored by Reps. Mike Madden (R-H40, Buffalo), Lori Millin (D-H8, Cheyenne), Jeb Steward (R-H47, Saratoga), Dan Zwonitzer (R-H43, Cheyenne) and Sens. Wayne Johnson (R-S6, Cheyenne) and John Schiffer (R-S22, Kaycee).

The ESPC testified in favor of the bill.

Committee members approved the amended HB 253 on an 8-1 vote with Chairman Landon and Reps. Dave Bonner (R-H25, Powell), Ken Esquibel (D-H41, Cheyenne), Patrick Goggles (D-H33, Ethete), Timothy Hallinan (R-H32, Gillette), Elaine Harvey (R-H26, Lovell) and Lisa Shepperson (R-H58, Casper) voting yes. Rep. Kathy Davison (R-H20, Kemmerer) was the sole no vote.

The Senate Appropriations Committee heard SF 39, Child Health Insurance Program, over the noon recess today. The bill is sponsored by Sen. Mike Massie (D-S9, Laramie) and co-sponsored by Sens. Ken Decaria (D-S15, Evanston), John Hastert (D-S13, Rock Springs), Tony Ross (R-S4, Cheyenne), and Reps. Kathy Davison (R-H20, Kemmerer), Debbie Hammons (D-H27, Worland), Pete Jorgensen (D-H16, Jackson) and Lori Millin (D-H8, Cheyenne).

The CHIP bill expands the existing program to include children in working families with incomes up to 300% of poverty. With Congressional passage of the federal CHIP expansion last Friday, federal money will be available to pay for 65% of the cost of the broader program. The additional state appropriation is about $650,000.

The Senate Appropriations Committee members are Chairman Phil Nicholas (R-S10, Laramie), SF 39 sponsor Sen. Massie, and Sens. Curt Meier (R-S3, LaGrange), Ray Peterson (R-S19, Cowley), and Chuck Townsend (R-S1, Newcastle). Despite testimony from an elementary school principal, the Wyoming Nurses Association, the ESPC, and the Wyoming Children’s Action Alliance – all favoring the bill – all the committee members except Massie expressed a desire to have families contribute more toward the cost of their coverage.

With Massie’s agreement, the bill was held over until Wednesday to allow time for the KidCare CHIP program director to bring more information to the committee.

Thanks to ESPC researcher Sarah Gorin and volunteer lobbyist Terry Jones for contributing to this report.

Discrimination and money

Rallies for equality scheduled at Capitol


Discrimination and money. Money and discrimination. Then mental health. It will be a busy day Monday at the Capitol.

The House Judiciary Committee will plunge into controversial legislation Monday morning including one bill that will extend protection against job, education and other discrimination based on sexual orientation and a second that calls for an amendment to the state constitution that would cap noneconomic damages in medical malpractice cases.

The discussion of HB 203 – Discrimination precedes by one day the committee’s plan for a hearing on HR 17 – Defense of Marriage. That measure has prompted plans for at least two demonstrations at the Capitol, one Monday and one Tuesday. Details about the rallies are listed below, but here’s a quote from one old Wyoming pol who disdains the proposed amendment. He made the comment to Meg Lanker, a University of Wyoming student who wrote an op-ed piece on the issue for the campus newspaper:

"I can't imagine anything more inhuman, insensitive and unfair."
-Al Simpson, former U.S. senator from Wyoming

"I can't imagine anything more inhuman, insensitive and unfair. Wyoming people believe in getting the government out of their lives. It's the precious right of privacy, the precious right to be left alone. Why can't we extend that to all our other fellow human beings?" -Al Simpson, on the Defense of Marriage Amendment.


Discrimination against young and old

Later during its Monday meeting, the committee is scheduled to consider another House joint resolution that will renew the polarizing dispute over tort claims against doctors. Most Wyoming residents might assume that that question was settled in the 2004 general election when voters rejected capping noneconomic damages for people injured by a doctor or another medical provider.

But not so. Advocates of caps have been itching to try it again. Rep. Tim Hallinan, a Gillette doctor, scratch that itch by becoming the lead sponsor of HJ 6 – Noneconomic damages – constitutional amendment – 2.

The ESPC sees the dispute as discriminating against people without jobs, particularly the young and the elderly. Working people still will be able to claim an economic loss if a medical injury prohibits them from resuming their job after an injury. So a surgeon injured by another doctor, for example, could sue for the loss of hundreds of thousands of dollars in lost income she reasonably anticipated.

But a 14-year-old injured by the same surgeon could prove no loss of income. Limited to noneconomic damages, an injured minor whose ability to work was permanently lost to a medical injury still could claim only up to $250,000 for loss of enjoyment of life. That person could be condemned to a life of poverty on the public dole.

Meanwhile, there’s no proof that imposing caps will enable the state to attract more primary care physicians. Virtually every rural area in the country is finding it difficult to recruit doctors. Capping noneconomic damages will not make good jobs available for doctor’s spouses in rural areas nor somehow lighten the load on rural docs, who find themselves on call because there simply is no one else to call in their little town.

Mental health and Workers' Comp

The Senate Labor Committee at 7 a.m. Monday will again take up SF 18 - Mental injury-workers' compensation. Sponsored by Sen. John Hastert of Green River, the bill would improve benefits to emergency responders who suffer a mental injury such as Post Traumatic Stress Syndrome while working.

Current law says any mental injury must be caused by a physical injury suffered on the job. That's an inane requirement. A a fire fighter traumatized by the death of a brother or sister fire fighter killed on a fire should not have to prove a physical injury such as smoke inhalation caused his PTSD. There's a lot of talk about taking care of war veterans who return to this country with mental conditions that require treatment. Workers' comp should include mental health benefits. Emergency responders deserve necessary counseling and other treatment if the job leaves them unable to cope with the daily stresses of life.

Money – two property-tax relief bills

On Monday, the House likely will debate two bills to reduce property taxes: HB 68 and HB 87. House Bill 68 funds the homestead exemption in current Wyoming law (which cannot be implemented unless funded). House Bill 87 reduces the "assessment ratio" for "all other property" (residential, agricultural, commercial) from 9.5% to 8.25%. The assessment ratio is the percent of total assessed value used to compute taxes, so reducing the ratio reduces taxes. The homestead exemption is targeted specifically to homeowners.

Reducing the assessment ratio will give a small tax reduction to homeowners; however, it will provide significant tax reductions to telecom companies and the Wal-Mart distribution center just outside Cheyenne.

The difference is striking. For example, using the median home value of $184,194 in Lincoln County, the property tax due under current law would be $1,100.32.

Under the homestead exemption, it would be $823.64 ($276.68 less).

Reducing the assessment ratio would generate a tax of $955.54 on a median value Lincoln County home ($144.78 less than under current law).

The homestead exemption reduces taxes more for lower-value homes, whereas reducing the assessment ratio gives the same percentage reduction across the board.

Equality State Policy Center researcher Sarah Gorin has analyzed the effects of both bills in counties throughout the state. Loyal readers of Equality State Watch can use the chart to get an idea of how each proposal would affect property taxes in their counties.


Rallying for equality

The proposal for a constitutional amendment that is somehow supposed to protect marriages has spurred college students and other citizens to schedule rallies at the Capitol opposing HJ 17 tomorrow and Tuesday.

The House Judiciary Committee will meet to take testimony and vote on the resolution Tuesday at 7 a.m. in Room 302 at the Capitol. The ESPC urges everyone to contact the members of the committee and urge them to kill the bill.

Here’s information about the two rallies:

Monday rally

These details are from Dee Lundberg, pastor of the United Church of Christ in Casper:

"If you are getting this here's the deal. the holy spirit was moving this morning at church and a group of our folks are planning on going to Cheyenne tomorrow to protest against the Marriage amendment bill due to be heard Tuesday morning. . . I will speak at that hearing along with others, but this too is a chance for folks to get involved.

"Otherwise . . . you will soon be invited in another E-mail to join us in Cheyenne at 3 p.m. tomorrow, Monday Feb. 2, at the state Capitol.

"PLEASE SPREAD THE WORD to your friends, and congregants, here and especially closer to
Cheyenne . . . "

Tuesday rally

These details are from Meg Lanker, a University of Wyoming student, who decided to put together protest when she realized she could not stand by while the legislature considers taking away rights from fellow citizens.

“This Tuesday, stand up for civil rights and make your voice heard. Come join your fellow Wyomingites for a rally Tues. Feb. 3rd at 1:00 p.m. at the State Capital Building in Cheyenne against the Defense of Marriage Amendment. Several legislators are slated to speak, along with Rev. Dee Lundberg of the United Church of Christ of Casper.

“Why rally, you say?

“Well, the House Judiciary Committee is discussing a bill on Tues. to amend the Wyo. Constitution that will say the only recognized marriage in Wyoming is between a man and a woman. Drafts of this bill have been introduced since 1994 and failed every time.

“This time, out-of-state evangelical Christian groups and churches, such as Focus on the Family, have gotten involved, sending out national "Action" alerts and lobbying at the State House.

“Same-sex marriage is already illegal in Wyoming, but this amendment would invalidate same-sex marriages performed out of state, effectively divorcing happily married couples.

“With declining revenues and uninsured Wyoming children going without necessary checkups, this is what your legislators are discussing. This proposed amendment smacks of unnecessary government intrusion into ordinary citizen's lives.

“Just because the election is over doesn't mean we have to be quiet. Let's voice our opinion loud and clear on Feb. 3rd, and let the legislators of the State House & Senate know that we do not support this amendment.

“For More Information: http://www.casperstartribune.net/articles/2009/01/21/news/wyoming/bb1d59ba8d27f8d98725754600036bc1.txt

“The Details:
Rally at 1 p.m., State Capital Building in Cheyenne. Feel free to make and bring signs about civil rights being equal rights or about Wyoming being the equality state.

“Please email Meg at questions24@gmail.com or call her at 307-752-7460 so we know approximately how many people we will have for our permit. Also, if you would like to carpool or drive, please email or call Meg. We already have people willing to drive here in Laramie.

“Don't forget, Tues. Feb 3rd! Bring friends and come to the State Capitol to make your voice heard!”