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New laws coming into effect

Bills from 2023 Legislative Session will go into effect July 1

A number of new Wyoming laws that were passed by the State Legislature this year and could impact residents of northeast Wyoming are set to become official next week.

Crime and Law

When SF-120 passes into law on July 1, any person who has been convicted of a non-violent felony will see their civil rights restored five years after their sentence is complete.

These rights include the ability to vote, serve on a jury, hold “any office of honor, trust or profit within this state” and to use or knowingly possess a firearm.

The sale of edible and vaping THC products to minors is now prohibited under HB-108, with increasing penalties for repeat offenses.

HB-128 specifies that the offense of voyeurism can be committed by looking within – as well as into – an area where the person being viewed has a reasonable expectation of privacy.

SF-139 expands the criminal offense of unlawful use of a credit card to include charge and debit cards, while SF-31 repeals the law allowing a civil action for trespassing on nearby land for the purpose of resource data collection and HB-86 states that no person shall be compelled to produce the private cryptographic key that relates to a digital asset or identity except in certain circumstances.

SF-24 requires financial institutions to report the financial exploitation of vulnerable adults. HB-147 amends the crime of interference with the lawful taking of wildlife to include knowingly posting signs that restrict access to or use of federal lands on which taking wildlife is permitted.

Health

Chemical abortions will now be prohibited in Wyoming. As of July 1, it will be unlawful to prescribe, dispense, distribute, sell or use any drug for the purpose of performing an abortion, pending an existing motion in the 9th Judicial District to temporarily halt implementation.

SF-109 excludes contraceptive agents used before conception or before pregnancy can be confirmed, miscarriage treatments or treatment “necessary to preserve the woman from an imminent peril that substantially endangers her life or health” or if the pregnancy is the result of incest. Violations of this law will be considered a misdemeanor punishable by six months of imprisonment, a $9000 fine or both.

HB-04 extends Medicaid coverage after giving birth from 90 days to 12 months and is expected to help up to 2000 low-income Wyoming mothers.

SF-37 authorizes payment for the services of a licensed podiatrist under the Medical Assistance and Services Act.

The Wyoming Prescription Drug Transparency Act (SF-131) was among the bills on which Governor Mark Gordon opted to exercise his line-item veto power, removing items he felt would do “more harm than good” by shifting costs onto consumers. It prohibits the “middle men” between insurance providers and drug manufacturers from taking certain actions, such as charge fees for claim submissions or allow misleading marketing.

SF-112 provides for the confidentiality of communications with a peer support specialist. This type of specialist is designated by a law enforcement agency, emergency services provider, employee assistance program or peer support team leader to lead, moderate or assist in peer support counseling sessions.

Government

The population formulas that have until now been used to figure out how may bar and grill liquor licenses a municipality or county can have will be replaced with a new population formula that now allows four licenses for municipalities under 7500 or for every 7500 people residing outside towns and cities.

HB-45 allows for the rehiring of retired law enforcement officers and repeals the mandatory retirement age for Wyoming Highway Patrol, Wyoming Game & Fish wardens and under the Criminal Investigator Retirement Act.

SF-43 allows county commissioners to form a district for emergency medical services via a resolution. HB-118 appropriates $9 million to the volunteer firefighter, EMT and search and rescue pension account.

SF-61 changes the per diem compensation received by legislators. While it was previously $109 per day, it will now be determined every July 1 by the state auditor to match the most recent per diem rates established by the U.S. general services administration for locations within Wyoming. The bill also appropriates $125,000 from the general fund for this increase.

Thanks to HB-229, the Department of Revenue and county treasurers can collect sales and use taxes electronically.

A bill that was originally intended to increase taxes on premium cigars was watered down as it made its way through the legislature, and will now simply change when cigar shops pay taxes. When SF-42 goes into law, the tax on cigars, snuff and other tobacco products will be due upon their sale.

HB-142 requires a city to provide notice to anyone owning property within 300 feet of an area it intends to annex.

Elections

HB-279 requires that a voter must present an acceptable form of identification in order to obtain an absentee ballot in person. HB-79 allows concealed carry permits to be used as identification when voting.

SF-40 specifies that federal political action committees do not have to file contribution and expenditure reports as long as they are exclusively related to federal candidates or issues.

HB-05 updates the definition of an election registry list to include the voter identification number generated by the state, information about absentee ballot status and registration date.

Outdoors and Ag

Wyoming Game & Fish may now allow an expanded type of hunting season in Wyoming: a mountain lion pursuit season. SF-178 also provides for a special management permit for a lion pursuit and specifies the allowable use of dogs.

HB-74 creates the Wyoming Outdoor Recreation and Tourism Trust Fund with the intent to strengthen the state’s outdoor recreation economy and help fund recreation infrastructure projects. The fund has been granted $6 million and additional work will take place in the interim to develop a structure for it and decide how funding for projects will be awarded.

It will now be prohibited to enter, travel through or return across private property to take wildlife, hunt, fish, trap or collect antlers and horns without permission, according to SF-56.

HB-276 specifies that shed antlers and horns located on state or public lands are the property of the state. With the additional passing into law of HB-123, a nonresident over the age of 15 will need to purchase a conservation stamp in order to collect these horns and antlers.

Amendments to the Food Freedom Act in SF-102 allow anyone to sell eggs or dairy products and prohibit a state standard for food and health inspection for homemade foods that is more stringent than those imposed by the U.S. Department of Agriculture.

SF-33 defines “aircraft” within the context of prohibiting their use for hunting. “Aircraft” will now mean “any machine or device capable of atmospheric flight”, to include planes, helicopters, gliders, dirigibles or unmanned aerial vehicles.

HB-104 allows the use of artificial light including thermal or infrared imaging while hunting predatory animals at night.

SF-29 amends the requirement to distinctly brand a livestock animal after a positive brucellosis test to be discretionary.

Land

Several new laws relate to the use and leasing of state land. HB-171 requires that 30 days’ notice is given to current lessees, owners of adjoining lands, on the Office of State Lands and Investments website and in a newspaper before the lease of state lands.

HB-22 provides for notification if a person who holds a lease on state lands does not comply with the renewal requirements and also provides opportunities for compliance.

HB-17 allows the lessee of a piece of state land to graze livestock they do not own, but do retain management responsibility for, without getting permission from the director of the Office of State Lands and Investments. HB-16 allows lessees of state lands to construct or make improvements on the land in an amount up to $4000 without first obtaining permission.

HB-21 requires that a person wishing to lease state land has “actual and necessary use” for the land for producing agricultural commodities.

HB-174 increases the limit in the homestead exemption; every resident of the state is now entitled to a homestead not exceeding $100,000 in value, rather than $20,000.

Subdivision developers must now construct and pay the costs for perimeter fences on properties adjacent to lands upon which livestock can be run. Subdivision permits must now include information on plans for construction of perimeter fences, according to SF-137.

SF-68 establishes prescriptive easements for water conveyances for users who have used and maintained a water conveyance under a claim of right for ten years.

Military

Several new laws relate to members of the military and veterans, such as HB-38, which creates a referral incentive program for the Wyoming National Guard, and HB-67, which creates a special decal for female veteran special license plates.

HB-39 authorizes the Wyoming Department of Transportation to verify honorable discharge of a veteran for the veteran designation on a driver’s license, while SF-53 specifies that a Wyoming National Guard member on active duty may be reimbursed for medical insurance premiums.

HB-56 designates “Purple Star schools” that take specific actions to assist military-connected students, such as to have a staff member designated as a military liaison and maintain a transition program.

SF-123 allows the children of active duty military members to transfer to any public school within the same school district, while HB-59 extends the educational assistance benefits for members of the Wyoming National Guard in exchange for additional service commitments and allows benefits to be transferred to spouses and dependents.

HB-160 allows veterans to use their driver’s license as proof of veteran status instead of military form DD 214. SF-14 extends Wyoming National Guard malpractice indemnity, which previously applied only to attorneys and doctors, to other professionals.

SF-15 removes the requirement for a state employee to have held their position for a year before being given a leave of absence for military duty.

Education

“A student of the male sex shall not compete, and a public school shall not allow a student of the male sex to compete, in an athletic activity or team designated for students of the female sex” and may now only compete in activities designated for males or as co-ed, according to SF-133.

If a lawsuit is brought and a judge temporarily suspends the new law while proceedings are ongoing – as happened with the “trigger bill” passed in 2022 that banned abortion – an article within SF 133 allows for the creation of an eligibility commission to decide on individual cases.

HB-70 meanwhile modifies the definition of a home-based educational program to now include a program provided to more than one family unit.

HB-174 creates the Wyoming Charter School Authorizing Board and requires the state superintendent of public instruction to designate a Department of Education employee to serve as a liaison to the board.

HB-29 allows distance education courses at community to be treated the same as in-person courses in terms of state reimbursement.

HB-175 makes modifications to the laws surrounding student absenteeism to allow for excused absences for events associated with the state fair.

SF-78 requires the Department of Workforce Services to provide information to high school students on apprenticeship and on-the-job training programs.

HB-35 creates an exception to certification for daycare facilities with fewer than eight enrolled children, under specific circumstances.

Travel

WYDOT and local authorities can now designate “high-occupancy vehicle lanes” on any part of a roadway. Such a lane is intended for vehicles occupied by two or more people.

SF-17 requires off-road recreational vehicles used on public roads to be equipped with horns and warning devices, mufflers and mirrors, and to have liability insurance.

Persons with disabilities can now be issued special license plates with a disabled designation for multipurpose vehicles, according to SF-67.

HB-199 creates a new decal designation for license plates for breast cancer awareness, which will bear the ribbon symbol and be attached in the lower left-hand corner. A special license plate will also be available to increase awareness of organ donation through SF-38.

HB-42 specifies the requirements to operate an off-road recreational vehicle near an interstate. HB-41 allows the owner of a lightweight trailer to permanently register it for a fee of $300.

SF-20 strikes the requirement for the photograph used on a driver’s license to be in color.

Other

Additional bills passing into law include HB-144, which specifies how senior service districts may spend their revenues; HB-12, which increases presumptive child support amounts; HB-14, which increases the fee for filing a civil case with district court from $120 to $160.

HB-62 allows banks to provide access to customer data to a third-party financial service provider with the express written consent of the customer. HB-148 specifies where alcoholic beverages may be sold in a commercial airport: in the terminal building and connected concourses.

HB-96 requires that insurance coverage on a property under a transfer on death dead be extended for a grace period. HB-165 prohibits insurers from discriminating against living organ donors.

SF-99 makes it possible to witness the signing of a will remotely. SF-140 allows for the use of a refrigerant acceptable according to federal rules without regulation as long as the equipment containing it meets all applicable rules and regulations.

HB-76 reduces the amount of years required for a license to practice veterinary medicine without an examination from five to three and removes the requirement that exams for cosmetology be conducted by the state board of cosmetology.

SF-173 prohibits a bank or financial institution from choosing a name that resembles an existing business anywhere in the state closely enough to cause confusion.

SF-95 designates July 20 as Moon Landing Day.