A day at the legislative races

Arizona copy cat bill fails

Minerals committee refuses to move ALEC-motivated measure


In a session dominated by discriminatory legislation, justice advocates registered a significant victory Monday when the House Minerals Committee refused to put a troubling immigration bill up for discussion.

Members of the House Minerals, Business and Economic Development Committee killed a bill modeled after Arizona’s controversial SB1070 by simply refusing even to offer a motion for passage. There was significant Establishment opposition to the bill, House Bill 94 – Illegal Immigration, including from the Wyoming Lodging and Restaurant Lodging Association.

The ESPC and its allies believed the bill would lead to racial profiling, split up families that include documented and undocumented people living in the state, would hamper police, who would have to devote resources to enforcing federal immigration law, and could spawn national protests that would adversely affect Wyoming’s tourism industry.

The bill was modeled closely on Arizona's SB1070. Reports by National Public Radio last fall tied the bill to the American Legislative Exchange Congress (ALEC) and the private prison industry in the U.S.

Chesie Lee, the lobbyist for ESPC-member group the Wyoming Association of Churches celebrated the victory with this message:

“Good News! ... After a lengthy hearing before the House Minerals Committee with many raising significant problems with HB 94 for Wyoming from diverse points of view, no one on the House Minerals Committee was willing to move the bill, so it died in committee being indefinitely postponed following some discussion.
“I believe the voice of the Wyoming Association of Churches on this issue was good and made a difference. … The room was packed with many having to stand in the hallway. Only a couple other than sponsors spoke in favor of the bill, but no one representing any organization spoke for it.”

Lee notes that some students plan a rally for 11:30 am on Thursday at the State Capitol to celebrate.
This is a great victory, especially considering the socially conservative tenor of this legislature. We all winced Monday when House Bill 74 – Validity of Marriage passed the House. The measure makes gay and lesbian marriage illegal in Wyoming, including existing marriages made legally in other states.

Advocates managed to narrow the number of representatives who favored the measure in earlier votes, but in the end fell still needed to swing three more legislators when the House voted 32-27 to pass the bill. (House Minority Leader Patrick Goggles was excused from the vote. Goggles is working his way through some significant family matters.)

Meanwhile, the House Judiciary Committee killed one of three bills aimed at refining Wyoming’s Open Meetings and Public Records laws. The committee amended but approved a bill, House Bill 120 – Public meetings, requiring public entities to inform interested media outlets and others 24 hours in advance of special meetings. Those entities, such as city councils, boards, commissions, and conservation districts, still could schedule emergency meetings without the 24-hour notice when circumstances demand immediate action.

A provision that would have required audio recordings of all executive sessions held by public boards and entities was stripped from the bill via an amendment proposed by Rep. Bob Nicholas (R-HD 8, Cheyenne). Supporters, including the Wyoming Coalition for Open Government, the Wyoming Press Association, the League of Women Voters, and the ESPC hope to see that provision restored.

Reps. Sam Krone (R-HD24, Cody) joined Rep. Nicholas in voting against the measure.

The Judiciary Committee also approved HB 121, which seeks to impose a deadline, initially within three days, to ensure fulfillment of a request for public documents. Opposition from the Wyoming Association of Municipalities and the Wyoming County Commissioners Association led the committee to adopt an amendment aimed at giving a public board or agency more time to respond to complicated requests or requests for voluminous amounts of material.

The proponents had hoped to limit severely the ability of public agencies to charge exorbitant amounts for producing and providing copies of public documents, noting that taxpayers already pay for the initial creation of the documents.

Again, agencies opposing the measure convinced the committee they need the ability to recover costs of obeying state public records law intended to assure public access to government records. The committee stripped out a clause prohibiting charging labor costs associated with producing a public document. They also successfully amended the bill to allow agencies to charge for the costs of redacting information from documents that could jeopardize a police investigation or expose other information that is entitled to protection.

Proponents said such charges represent a “hidden tax” on members of the public.

Meanwhile, the committee killed HB119 – Public records and meetings – court proceedings. Committee member objected to provisions that made challenges of denial of access to meetings and public records the top priority in Wyoming courts. Supporters said the priority designation was essential to ensuring timely access to information essential to the public as it considers public policy decision-making by its elected and appointed leaders.

Quicker hits

Marriage law: The House Labor, Health and Social Service Committee narrowly defeated HB65 - Marital counseling and approved HB39 – Health Litigation Fund. The first bill would have required couples seeking to get married or divorced to get three hours of counseling before a marriage license or a divorce could be obtained.

Suing the feds: The ESPC opposed HB 39, which appropriates $2 million to support litigation to challenge the new federal health care reform law, suggested the funds could be better spent to train doctors, dentists, physicians assistants and/or other providers who deliver care in Wyoming communities that lack practitioners.

Chairman Elaine Harvey (HD26, Lovell) said the funding will support state efforts to challenge what many see as the federal government acting unconstitutionally and usurping states rights. The litigation fund will demonstrate to the federal government that “we’re … prepared to do what we need to do to push back on this legislation.”

Rep. Frank Peasley (HD3, Douglas) reiterated the states rights argument. “Our pushback has more to do with general states rights. If they can do this to us,” he said of the Affordable Care Act, “they can do anything to us.” Peasley conceded Rep. Keith Gingery’s point that potential travel costs laid out in the bill are exorbitant if the state simply intends to file friend-of-the-court briefs as it joins lawsuits conducted by other states against the new law.

Reps. Gerald Gay (HD36, Casper), Matt Greene (R-HD45, Laramie), Hans Hunt (HD2, Newcastle), David Miller (HD55, Riverton) joined Peasley and Harvey in supporting the bill.

Reps. Craft, Barbuto and Gingery opposed the measure, which passed on a 6-3 vote.

Campaign finance: The Senate on Monday defeated on a 15-15 tie vote an effort to strip disclosure amendments made to Senate File 3 – Campaign Finance – organizations. This is the bill that will change state law to comply with the U.S. Supreme Court decision in Citizens United v. FEC, which allows corporations to funnel unlimited amounts of money into independent expenditure campaigns to support or oppose candidates for election. The measure ultimately won final passage by the Senate on a 28-2 vote.

Second week ends on low note

What part of “Equality State” don’t legislators understand?

The Senate Judiciary Committee today approved SJ 5 - Defense of marriage – constitutional amendment. The proposal would amend the Wyoming Constitution as follows: “A marriage between a man and a woman shall be the only legal union that shall be valid or recognized in this state.”

Testimony on the bill, which opened Wednesday and was continued this morning, was similar to that presented just days ago in the House Education Committee on HB 74 - Validity of Marriages.

HB 74 specifically provides that marriages between more than two parties are void (e.g., polygamy). This topic also came up in today’s discussion of SJ 5, when three senators, Bruce Burns (R-SD21, Sheridan), Larry Hicks (R-SD11, Baggs) and Chairman Drew Perkins (R-SD29, Casper) wondered aloud why opponents of the proposed amendment talked only about same-sex marriages and not polygamy.

Linda Burt, executive director and lobbyist for the Wyoming Chapter of the American Civil Liberties Union (an ESPC member group), explained that the proposed amendment violates the U.S. Constitution’s Equal Protection clause. She said the proposed law restricts the right of two people of the same gender to marry; however, state law does not burden the rights of two people entering marriages involving a man and a woman.

The prohibition against polygamy applies to everyone, regardless of whether a plural marriage is composed of men and women, only women, or only men. Since it is applied evenly, the prohibition against polygamy does not violate the Equal Protection clause, Burt said.

The committee adopted an amendment proposed by Sen. Leland Christensen (R-S17, Alta) who said he hoped to give some latitude when it comes to property owned by a gay or lesbian person.

The bill originally said:

"A marriage between a man and a woman shall be the only legal union that shall be valid or recognized in this state."

The Christensen amendment substitutes the following language:

"Only a marriage between a man and a woman is valid or recognized in Wyoming. Any other relationship shall not be valid or recognized as a marriage or the substantial equivalent thereof by the state or any of its political subdivisions."

The ESPC intends to check with several attorneys to see if the language does provide the latitude Sen. Christensen intended. One attorney consulted in the Capitol said he did not see how, since the language explicitly prohibits any political subdivision, which would include the courts, from acknowledging a homosexual couple's relationship as a legal civil union or other legal construct.

Senate Judiciary Committee Chairman Perkins, Sen. Hicks, and Sen. Christensen voted for SJ 5. Sen. Burns and Floyd Esquibel (D-S8, Cheyenne) voted against it.


More Equality next Monday …

The House Minerals, Business and Economic Development Committee will take up HB 94 - Illegal immigration, at 7:30 am. The bill mirrors Arizona’s controversial measure.


Tax exemption, anyone? No data required …

The House Revenue Committee today took up HB 143 - Manufacturing tax exemption. The bill continues a sales and use tax exemption for purchases of manufacturing equipment that was originally enacted in 2004 over opposition from the ESPC.

The exemption was set to sunset at the end of 2010, but was extended for a year by the 2010 Legislature in order to study how the exemption might be changed to better accomplish its original purpose of encouraging the creation of manufacturing jobs.

Although the ESPC was not successful in blocking passage of the exemption in 2004, we successfully advocated for the first annual reporting on the costs of a tax exemption. The 2010 report shows:

• manufacturing jobs as a percent of total Wyoming employment has declined since passage of the exemption;
• the absolute number of jobs ticked up only slightly and then contracted significantly with the recession;
• the benefits offered to full-time employees in the manufacturing sector are comparable to those in other sectors of the Wyoming economy, but the benefits offered to part-time employees are less than in other sectors; and
• the exemption primarily has benefited the state’s refineries, which upgraded equipment and claimed the exemption. In 2010, for example, a refiner claimed $128 million in exempt purchases, and $138 million the previous year.
  

The total lost tax revenue from this exemption is approximately $53 million, or about $10 million a year since it was enacted.

The Wyoming Business Council, Cheyenne LEADS/Wyoming Economic Development Association, and several manufacturers spoke in favor of retaining the tax exemption. None of them provided any concrete data about jobs created or sustained for this $53 million investment.

Proponents repeatedly stated that the tax exemption is needed as a recruiting tool for economic development, although why Wyoming, without personal or corporate income taxes, also needs a manufacturing tax exemption to compete with other states remains a mystery.

In addition to going over the report, the ESPC questioned the fairness of a tax policy that provides a sales and use tax exemption for one sector but not another, especially in the absence of any additional revenues from economic development the exemption was supposed to generate.

Rep. Mike Madden (R-H40, Buffalo) successfully amended the bill to apply only to purchases of equipment to manufacture a new product line or expand capacity. A further amendment by Rep. Dave Miller (R-H55, Riverton) included equipment to “lower emissions.” Pollution control equipment already is exempt from property tax so, if ultimately passed, this provision will mean that pollution control equipment – an ordinary part of doing business in this day and age – will not be taxed at all.

The bill passed the committee on a 6-2 vote. Chairman Pat Childers (R-H50, Cody) and Representatives Greg Blikre (R-H53, Gillette), Rita Campbell (R-H34, Shoshoni), Miller, Owen Petersen (R-H19, Mountain View), and Clarence Vranish (R-H49, Evanston) voted yes. Representatives Madden and Mark Semlek (R-H1, Moorcroft) voted no. Rep. Pat Goggles (D-H33, Ethete) was excused.

What's next for Wyoming?

GOP landslide brings questions about future course

The GOP landslide on election day leaves observers wondering how major issues facing the state will be addressed. Wyoming Republicans pushed Democrats to the lowest point in years in the state legislature and swept all five statewide offices, including, as expected, the governorship.

Governor-elect Matt Mead, the former U.S. attorney for Wyoming under President George W. Bush, won the open seat with 72% of the vote.

Mead has promised to join the states suing to overturn the Affordable Care Act. On the campaign trail, he referred to a state pilot program as Wyoming’s answer to questions about covering the uninsured and holding down costs – even though the pilot (which is a health care plan, not health insurance) has yet to be implemented, much less evaluated. Wyoming residents will be looking for Mead’s ideas on keeping community hospitals and nursing homes solvent, meeting the state’s need for primary care providers and addressing rising premiums for Wyomingites fortunate enough to have insurance.

Mead has said he will resist increases in the state’s minimum wage, which stands now at just $5.15 per hour for workers not covered by the federal minimum wage. He has expressed support for sealing the border to stop illegal immigration, while also stating that legal immigration makes our country better. At the state budget level, it is unclear how Mead’s administration will address funding for infrastructure needs in communities around the state, or deal with fluctuations in state revenues.

Republicans captured 50 of 60 seats in the Wyoming House, taking nine seats that had been held by Democrats the past two years. In the Wyoming Senate, the GOP won 13 of 15 seats, reducing the number of Democrats to four out of 30 members. Senate Minority Leader Katherine Sessions was defeated by Leslie Nutting, an opponent of health care reform and reproductive rights. Nutting will be the only woman in the Senate. The small number of Democrats raises questions about committee assignments.

Although Wyoming legislators perennially campaign against over-regulation, past efforts to overhaul or “streamline” regulations have resulted in only minor tweaks as lawmakers and citizens come to realize how regulations protect the state’s communities and natural resource base as the mineral industries boom and bust. With new developments such as the near-disappearance of the mule deer herd on the Pinedale Anticline and possible contamination of groundwater near Pavillion by fracking, Wyoming residents probably will be cautious about giving energy extractors a freer hand.

Historically, Wyomingites also have been reticent to intrude into each other’s private lives, as evidenced by the defeat of a ballot initiative banning abortions and, more recently, the defeat of efforts to amend the Wyoming Constitution to prohibit gay marriage or civil unions. Bills on these topics may be offered in the 2011 session, even though they seem at odds with conservative views on keeping government out of private decisions.

The election results point toward opportunities to test reality against rhetoric. Just as support for the Affordable Care Act has gone up as people begin to experience its benefits, it may well be that support for budget cuts or intrusive legislation will go down as people see such proposals play out.