The 2021 Regular Session of the 66th Wyoming Legislature will adjourn Sine Die (pronounced "si-nā-ˈdē-ˌā" or as lobbyists call it, "Signy Die") next week on April 7th or 8th. It has been a session for the ages... not because of COVID (albeit it was an "unprecedented" influence) but because of a freshman uprising that threw protocol and tradition out the window. To start the twice convened second session (in-person instead of virtual like the first session) the Speaker shocked everyone by announcing that he was not going to be back for the Budget Session in 2022. Whether that shocker prompted what played out procedurally, legislative wonks could debate that over a few beers ad nauseum.
Approximately six times the ruling of the Speaker regarding a ruling of "germaneness" or "fitting under the title" of an amendment to a bill was challenged by members via "objections''. When an amendment is offered on a bill, any members can question whether the amendment is germane to the bill title. The Speaker (or in Committee of the Whole, the Chairman) will have to make a decision (after possibly collaborating with the House Chief Clerk) if the amendment "fits' under the title of the bill. Wyoming has a "single subject" constitutional provision, unlike congress that "Christmas Tree's" bills with amendments on anything and everything under the sun. Accordingly, all amendments must be "germane" to the title and intent of the bill. This rule helps control legislative mischief and gaming of the system.
Only one "objection" vote overthrew the Speakers decision....and that was veteran Chairman Dan Zwonitzer of Cheyenne. Immediately after a successful objection challenge, the amendment in question was debated and voted on. In the case of Zwonitzer's amendment (liquor bill) , it passed. All other attempts: Rep. Gray, abortion bill; Rep. Haroldson, abortion bill; Rep. Laursen, gun bill; Rep. Martinez, death penalty; and a few others, died. This freshman class has learned the rules quickly. What they failed to learn is protocol and an appreciation for the institution, tradition and position. That said, several legislators stated that the rules are there to be used. I agree unless the motion and rule challenge is driven by theological beliefs or extensions beyond the constitution... battles that were emotion driven and not technical challenges as the rule was intended. Importantly, the process works... even if tortured and twisted. The Senate experienced no objection actions.
WPMA had a very successful session. This was largely because of members heeding "Calls to Action" and contacting legislators on immediately ripe issues. Calls to Actions were issued on the tobacco tax bill, the tolling of I-80 bill, the wage transparency bills (2) and the liability immunity bill. In many cases, large scale responses by businesses kept bills from even being heard and they subsequently died on the calendar... many more than previous years. Legislators commented about the impressive rapid response of petroleum marketers on issues. Special "Thanks" to all members that weighed in when requested. Mike Bailey, Steve Perkins, Jay Schneiders, Chad Olsen and your Board of Trustees helped win the day on bills that might harm the industry. Maverik's Holly Robb gets a special shout out as Holly reached out to multiple legislators on issues important to Maverik locations in legislators districts. Holly responded to every Call to Action and was a tremendous aid to staff in securing votes for and against. WPMA continues to be well received because legislators know our members are involved and willing to be a resource to them on key votes. Thank you to all for your assistance.
Here is a list of all bills of importance to petroleum marketers and convenience stores:
HB-0007 - Air Ambulance Membership Organizations - Regulation. Clarifying that such memberships are not insurance. Implements rules and regulations.
HB-0009 - Short Time Compensation Program. - Allows employers to reduce employee hours while they are also receiving partial unemployment benefits.
HB-0026 - Fuel Tax - While WPMA supported, the legislature didn't even consider. Nothing was done this session to address WYDOT underfunding.
HB-0037 - Road Usage Charge. - Wasn't considered for introduction. This is hugely unpopular in the legislature.
HB-0049 - Agency Fees Revisions. - Increase fees including storage tanks under 5,000 gallons. Treats all tanks similarly for fee assessment.
HB-0055 - Tobacco Tax. - WPMA Call to Action convinced leadership not to consider after passing Committee. Will work on tax parity with reservations this interim.
HB-0133 - Online Sports Wagering. - While a possible hit on lottery sales, the State has no option really but to regulate. Sports wagering is happening regardless.
HB-0196 - Workplace Transparency Act. - WPMA Call to Action and organized opposition with NFIB killed the bill allowing employees to discuss wages with anyone.
HB-0206 - Wyoming Minimum Wage. - A freshman legislator brought this bill knowing that it would not be heard.
HB-0252 - Lottery Revisions. - The bill would have allowed scratch games. WPMA requested the bill not be heard. It was not introduced.
HB-0254 - Transportation Computer System. - Catastrophic failure looms. The new system was authorized in collaboration with UW and ITS. Funding remains unclear.
SF-004 - Airport Districts. - This bill that would have helped rural airports (except Casper, Jackson & Cheyenne) obtain sustainable funding was narrowly defeated.
SF-0007 - Autonomous Vehicles. - Without this legislation, Wyoming has no regulation authorizing development of autonomous vehicles. Surprising defeat.
SF-0019 - Public Health Emergencies - Immunity Amendments. - Clearly the "win of the session". Provides the best liability immunity protections in the country.
SF-0053 - Ground Ambulance Service Provider Assessment Act. - Another bill helping rural communities address critical services that sustain communities.
SF-0056 - Wyoming Gaming Commission - Modifications and Corrections. - Repeals the sunset on skill based games. Clarifies processes for vendors.
SF-0073 - Tolling Authority for I-80. - This perennial bad idea got traction before WPMA and others' Calls to Action generated substantial opposition.
SF-0123 - Lottery Games - Keno. - The bill was defeated that allowed the use of kiosks for the deployment of Keno. Anti-gambling movements are growing.
SF-0131 - Workplace Transparency Act - 2. - Sen. Salazar showed his true anti-small business colors. The bill was heard in Committee and tabled.
The updated Bill Tracking Report is linked below. Only a few bills remain for action before the end of session with none of those bills being WPMA key bills. Interim studies are now pending. See that separate article on interim studies in this Newsletter. Again, Special Thanks to all those who helped your staff weigh in so successfully this session. YOU MADE A BIG DIFFERENCE IN OUR SUCCESS!
BILL TRACKING
