Legislators mourn bills that ‘died’

As the Wyoming State Legislature’s general session approaches its end, local legislators are mourning bills that are essentially dead as "shenanigans" continue at the state capitol. 
 
“We had two bills on ESG (environmental, social and governance) from Senator [Bo] Biteman, of which the House Appropriations Committee dropped substitute bills on both and then killed the bills. The pharmacy benefit provider bill suffered the same fate in the Revenue Committee, however the bill was not killed,” Sen. Cheri Steinmetz, R-Lingle, said in her weekly update. “Shenanigans are being played within the state legislature. We hope they don’t continue and that we can pass some important legislation for the State of Wyoming and our citizens. However, the Speaker of the House is continuing to hold many bills of vital importance to the citizens of Wyoming in his desk drawer: We had several bills that passed the senate dealing with parental rights, educational choice, and the protection of children that have been killed, in the speaker’s drawer.” 
 
She continued, explaining that the House has been dropping substitute bills on Senate sponsor bills. 
 
According to wyoleg.gov, a substitute bill is a bill that is requested after a committee makes extensive amendments. The substitute bill incorporates all committee amendments into a new version of the bill and is presented as an amendment printed on buff colored paper. If the committee amendment is adopted by the body in Committee of the Whole all further amendments to the bill are made to the substitute bill. 
 
“This is an action that, up to this point, has been rarely used, especially without contacting the prime sponsor of the bill in advance. It is unfortunate that the legislature has developed to these types of tactics,” Steinmetz said.  
 
Steinmetz isn’t the only one frustrated with how the Legislature is moving forward and with the use of substitute bills. 
 
Rep. Allen Slagle, R-Newcastle, also expressed dissatisfaction with the way the ESG bills were handled. In his weekly update, he said that Feb. 21 was a disappointing day in the legislature. 
 
“Then, in Revenue Committee, the SF0151 Wyoming prescription drug transparency act was heard and, basically, they ended up replacing it with a substitute bill, which amended it — taking out all the protections for small pharmacies and leaving it so it mostly benefited Big Pharma and the mail-order prescriptions,” Slagle said. 
 
“Then, the final thing that was the straw that really made it a bad day for me, is HB0106, I was a sponsor of that to put a moratorium on eminent domain for distribution lines from wind charges — the governor vetoed that bill this evening,” he continued. “Today, we will be looking at a lot more bills, and it’s just kind of been a rough year for those who are fiscally and morally conservative. A lot of our votes are pretty close.” 
 
House majority floor leader Chip Neiman, R-Hulett, also expressed frustration in his Feb. 24 update. 
 
“I have mentioned SF144 before, which prohibits doctors from performing procedures on children relating to gender transitioning and reassignment and revokes doctors’ licenses if they administer sex change to minors,” he said. “I strongly supported this bill, which protects children from making a permanent decision about their bodies that cannot be undone. This bill went before the House Appropriations Committee, who effectively killed it. This bill passed out of committee with a do-not-pass recommendation, meaning it goes to the bottom of the list and bill deadlines will make it tough for this good bill to be heard.” 
 
Another bill supported by Neiman failed to pass the Senate Appropriations Committee, he said. The bill would have banned the state from contracting with companies that have previously boycotted fossil fuels. 
 
“I sponsored a similar bill that prevents financial institutions from discriminating against Wyoming energy companies,” Neiman said. “Although I hoped for a different outcome for these bills, I look forward to more discussion on these measures during the interim.” 
 
In response to the frustrations of local legislators, Speaker of the House Albert Sommers, R-Pinedale, said in a press release that, as the speaker, he has the responsibility of keeping the representatives focused on getting work done for the people of Wyoming. 
 
“Part of this leadership responsibility is choosing which standing committee a bill goes to and whether it gets sent to a committee at all,” he said. “I take this responsibility seriously; bad policy can create major consequences for Wyoming. Bills that are unconstitutional, not well vetted, poorly written, duplicate bills or debates, and bills that negate local control, restrict the rights of people, or risk costly litigation financed by the people of Wyoming should not become law.” 
 
Specifically mentioning the SF0172 ESG State Funds Fiduciary Duty Act as an example, Sommers said the act, in theory, has merit, but that it’s the legislators’ job to determine how the bill would play out in Wyoming’s reality. 
 
“I sent SF0172 to the Appropriations Committee to ensure it was evaluated on its substance. The bill bans Wyoming government officials from contracting with businesses that have boycotted fossil fuels or are considering climate change in their investments,” he stated in the release. “Members of the Appropriations Committee identified significant gaps in the language. The Treasurer’s Office raised questions about how the bill may impact Wyoming’s investment portfolio. This bill is not worth risking our state’s fiscal future just to send a message. I am hopeful that the language in this policy can be tightened up in the interim to allow us to support our base industries while preserving our investment strategies.” 
 
As for keeping bills in his drawer to prevent their passage, Sommers said this is another way to ensure that the state legislature stays focused on solving pressing issues for Wyoming. He also acknowledged three different bills that were not sent to committees — HB0162,  County option tax-affordable housing, HB0193, Carbon capture energy standards-repeal, and HB0115,  Election administrations.
 
“The Wyoming Constitution allows the legislature to meet in session for only 60 working days over two years. This time constraint is by design and helps curtail frivolous bills being defeated over a lengthy period,” Sommers concluded. “I will continue to do my best to keep us focused in the brief time remaining in the session.”