The conference committee finds “marriage is hard”

We had expected the conference committee on House Bill 74 – Validity of marriage to present a report to the Senate and the House on Friday, saying there would be no compromise over civil unions.

But the conference report was never delivered to House Majority Leader Tom Lubnau. Members of the House conference committee were informed by Rep. Cathy Connolly (D-HD13, Laramie) that the compromise they approved last Thursday failed to include some essential wording changes.

Given the weekend, advocates and opponents alike ramped up their lobbying efforts. Rep. Edmonds lamented to the conference committee that the controversial effort to enable Wyoming to void same-sex marriages made legally in other states and countries “has been foisted on the six of us.”

The conference committee is comprised of Reps. Edmonds, Kendell Kroeker (R-HD35, Casper), and Jim Roscoe (D-HD22, Wilson) and Sens. Floyd Esquibel, (D-SD8, Cheyenne), Larry Hicks (R-SD11, Baggs) and Leslie Nutting (R-SD7, Cheyenne). Rep. Kroeker and Sens. Hicks and Nutting are co-sponsors of the bill.

Rep. Edmonds told the conference committee she decided to abandon her agreement to last week’s compromise, which stripped a House amendment to the bill and also took off a Senate amendment aimed at recognizing same-sex civil unions made in other states. Edmonds said she instead would take the position that the committee should endorse the bill in the form that it passed the House.

Sen. Leslie Nutting said that Edmonds new position “is to say the Senate has no say at all … I see that as a real problem.”

The conference committee went through a series of proposed amendments but each of them failed, leading Sen. Nutting to say, “Marriage is hard.” No doubt a legion of her constituents would agree.

The committee agreed to Sen. Nutting’s request to schedule one last meeting of this conference committee on Tuesday (March 1) at 12:15 p.m. Rep. Kroeker asked that the committee quickly call it quits if no one comes to the meeting with a proposal for a compromise.

If the committee fails to reach a compromise, the leadership of the House and the Senate could appoint a different conference committee to continue the effort to change the bill to make it acceptable to members of both chambers. The leadership also could simply decide not to appoint another conference committee and the measure would fail.

The later course is the ESPC’s preferred outcome.

Public meetings bill fails
The Senate on Monday killed HB 120 – Public meetings on third reading. The measure would have required public boards and commissions to provide 12 hours’ notice of a special meeting, announce the reason for executive sessions, and make audio recordings of executive sessions.

The ESPC supported the bill, which was part of a package of refinements to Wyoming’s Open Meetings and Public Records laws. House Bill 119 – Public records and meetings – court proceedings was killed in the House Judiciary Committee. The Senate voted down HB 121 – Public records in Committee of the whole last week.

Here’s the Feb. 28 vote on HB 120:
Ayes: Senator(s) Case, Christensen, Cooper, Dockstader, Esquibel, F., Hastert, Martin, Meier, Nutting, Perkins, Peterson, Ross, Scott and Von Flatern.
Nays: Senator(s) Anderson, Barnard, Bebout, Burns, Coe, Driskill, Emerich, Geis, Hicks, Hines, Jennings, Johnson, Landen, Nicholas P, Rothfuss and Schiffer.
Ayes 14 Nays 16 Excused 0 Absent 0 Conflicts 0 For a look at all the bills mentioned in this report, please go here.

Photo above shows the conference committee on HB 74 during its meeting Feb. 24.

Equality with an asterisk?

The conference committee offers its “compromise” on equality

The conference committee on House Bill 74 – Validity of marriage will present a report to the Senate and the House on Friday that says there will be no compromise over civil unions.
Same-sex unions, regardless of whether they are legal in their state of origin, will NOT be recognized in Wyoming if the committee’s report is adopted.

The conference committee, which included Reps. Amy Edmonds (R-HD12, Cheyenne), Kendall Kroeker (R-HD 35, Casper) and Jim Roscoe (D-HD22, Wilson) and Sens. Floyd Esquibel, (D-SD8, Cheyenne), Larry Hicks (R-SD11, Baggs) and Leslie Nutting (R-SD7, Cheyenne), voted 4-2 to strip a Senate amendment aimed at recognizing same-sex civil unions made in other states. Roscoe and Esquibel opposed the committee proposal.

"We're just digging ourselves further into a quagmire," Esquibel said to explain his opposition to what he considers a bad bill.

Instead, the conference committee will ask the House and Senate to adopt an amendment that makes clear that Wyoming will recognize any marriage or civil union between two people legally made anywhere so long as those marriages and unions are between one man and one woman.
Here’s the Senate amendment the committee stripped from the bill. It would rest under statute number 20-1-111 Out of state marriages.:

"(c) Parties to a domestic or other legal civil union lawfully entered into in another state, commonwealth, territory, district or possession of the United States or a foreign nation, which are not recognized as a marriage under the laws of Wyoming, shall be entitled to access to the courts of the state for the purposes or resolving disputes that arise out of their domestic or other legal civil union.".

The committee instead proposes this language:

“(c) Parties to a marriage or other legal civil union lawfully entered into in another state, commonwealth, territory, district or possession of the United States or a foreign nation, which is recognized as a valid marriage or other legal civil union under subsections (a) or (b) of this section, shall be entitled access to the courts of the state of Wyoming for the purposes of resolving disputes that arise out of their marriage or other legal civil union.”

Both sections (a) and (b) stipulate that marriage contracts are valid “provided that such marriage contracts are between a male and a female person.”

Neither section refers to civil unions.

Since the Senate passed the bill relying upon the idea that state law would recognize legal civil unions made outside Wyoming, the conference committee recommendation may not win majority support in that chamber.

Please act now
The ESPC urges Wyomingites to write their state senators to vote to reject the conference committee report. The bill clearly discriminates against many people who live in Wyoming who have secured legal marriage contracts or civil unions in other states or countries. Please tell your senator to vote NO against the conference report.

While you’re at it, please contact your state representative and likewise ask them to reject this discriminatory legislation.

Wyoming should live up to its motto as the Equality State.

Participate
Citizens can register their opposition to HB 74 by using the “Online Hotline” or the telephone Hotline – 1-866-966-8683 or, in Cheyenne, 777-8683.

Note on the photo
That's the committee in the photo. From left, Sen. Floyd Esquibel, Rep. Kendall Kroeker, Co-Chairman Rep. Amy Edmonds, Co-Chairman Sen. Larry Hicks, Sen. Leslie Nutting, Rep. Jim Roscoe.

Conference committee meets Thursday morning on GLBT discrimination

Wyoming’s decision on GLBT rights moves into the final stages Thursday morning when a conference committee will attempt to resolve differences between the House version of a bill voiding gay marriages made in other states and the Senate version of the bill.

The Wyoming House strongly rejected the Senate version of House Bill 74 –Validity of marriage when it voted Tuesday 7-50 to oppose concurring with Senate changes.

The bill will enable Wyoming to declare void same-sex marriages made in other states and countries. The House did not concur because supporters of the bill objected to a Senate amendment that declares the state will recognize civil unions made in other states, including same-sex civil unions.

Opponents likewise voted against concurrence, hoping ultimately to defeat the bill by demonstrating that there’s no final agreement on it.

Regardless of Senate or House amendments, HB 74 will discriminate against same-sex couples who have made valid marriage contracts in other states and countries. The ESPC believes such discrimination is contrary to the general philosophy of the Equality State that “all members of the human race are equal.”

The first conference committee will meet Thursday morning at 8:45 a.m. in Senate Room 1 to attempt to work out a deal. The committee is constrained by legislative rules that require it to work with the amendments made to the bill.

Legislative rules require that each chamber, the House and Senate, appoint three members to the conference committee. At least one member of the conference committee must have voted No on the legislation in dispute.

The House appointed Rep. Amy Edmonds (R-HD12, Cheyenne) and Rep. Kendall Kroeker (R-HD35, Casper), and an opponent, Rep. Jim Roscoe (D-HD22, Wilson) to the conference committee. Kroeker is a sponsor.

The Senate appointed sponsors Sen. Larry Hicks (R-SD11, Baggs) and Sen. Leslie Nutting (R-SD7, Cheyenne) to its committee. (Nutting is depicted in the photo above.)

The Senate leadership also appointed Sen. Floyd Esquibel (D-SD8, Cheyenne) who, like Roscoe, voted against the bill.

Speak out, please
The ESPC urges everyone to contact their legislators and ask them to vote against any proposed conference committee compromises on HB 74. Use email or telephones to record your opposition.
Citizens can register their opposition to HB 74 by using the “Online Hotline” or the telephone Hotline – 1-866-966-8683 or, in Cheyenne, 777-8683.

What’s next?
If the House or the Senate rejects the compromise proposed by the conference committee, both the House and Senate then can put together a second conference committee, know as a “free” committee. It can alter any aspects of the bill in an effort to achieve a consensus that both houses support.

Again, the ESPC opposes any effort to deny recognition of legal marriage contracts made in other states and countries. The state should extend full faith and credit to other states.

Please contact your legislator and tell them you oppose thise disciminatory legislation that will damage Wyoming's reputation and it's tourism industry.

Workers' Compensation reform

House seals victory for Wyo workers

Higher campaign contributions rejected by House

The final step in the legislative process for HB 54, the Workers’ Compensation reform bill, took place Tuesday when the House concurred with Senate amendments on a 50-10 vote. The bill now goes to the Governor.

As noted in the March 2 blog, this success culminates months of work and will significantly improve the lives of Wyoming’s permanently disabled workers. It’s an outstanding example of how public education and engagement can work to move a Legislature which is not, overall, sympathetic to the situations of working Wyomingites.

Campaign finance bill killed on consent list

Senate File 12 Campaign finance, the bill raising individual campaign contribution limits, came to a dramatic end Tuesday on third reading and final consideration in the House.

On Monday, Reps. Mary Throne and Amy Edmonds (Democrat and Republican from Cheyenne, respectively) successfully amended the bill to apply the proposed increase in the individual contribution limit (from $1,000/election to $2,400/election) only to statewide races. The amendment won passage by the barest of margins at 31 votes.

Surprisingly, no legislator attempted to remove that amendment and Third Reading, and the bill was on the “consent list,” meaning that no amendments were offered and no further discussion was deemed necessary. The consent list is voted on as a whole with everyone voting “aye.” After the list of bills is approved, the chief clerk reads the number and title of each bill it and asks if there are any changes.

Usually, a handful of legislators will change their votes to “no” on any given bill.

Regular readers of this blog may recall that we wrote about a situation earlier this session when a bill on the consent list, HB 313 Licensing of employer daycare facilities, died when 30 legislators changed their votes to “no.”

The same thing happened Tuesday on SF 12, but an error by the chief clerk initially put the vote at 31-29. Legislators keeping track at their desks asked for a check of the audio recording, which confirmed a 30-30 vote. Bills must pass by a majority of those elected to the House, so SF 12 failed.

ESPC researcher Sarah Gorin filed this report.