Vetoes stand

Governor Mark Gordon’s recent bill signings have included several vetoes, which last week prompted a vote in both chambers on whether to schedule a special legislative session that would offer the chance to override them.

Bills that got a thumbs down include one to reduce property tax by slashing 25% of the first $2 million of a home’s assessed value, an overturn of all gun-free zones and further regulation of abortions.

A closed vote that required a simple majority in both chambers to pass saw the Senate vote in support of a special session by 16-15, while the House voted against it 35-27.

Consequently, the governor’s decisions will stand.

Property Tax

Property tax relief was one of the most pressing hot-button topics on this year’s legislative agenda. Four bills that reduce property taxes for Wyoming residents have now become law.

HB-03 provides a 50% exemption on a primary residence if the owner is over the age of 65 and has paid property taxes for 25 years or more.

HB-45 puts a 4% cap on year-to-year increases for residential structures and land. SF-89 doubles the veterans tax exemption from $3000 to $6000 of assessed value.

The fourth bill, HB-04, amends the qualifications for the Property Tax Refund Program. The existing program provides for a refund if a person’s gross household income is 125% of median or less.

The bill adds a category to provide a 65% refund if gross household income is between 126% and 145%.

However, Gordon vetoed a portion of the bill that added an additional category that qualified for 25% of the refund if household gross income is between 146% and 165% of median. He explained his concern that the $20 million appropriated for the program would be insufficient if this category was included.

Gordon vetoed SF-54, which would have exempted 25% of the fair market value of a residence (this only applied to the first $2 million of fair market value).

The governor stated that he felt it was not targeted and jeopardized the financial stability of the state and counties, representing, “A socialistic type of wealth transfer, mostly from the energy sector, to Wyoming homeowners.”

The backfill of lost local tax revenue to school districts, cities, towns, counties and special districts, he said, would likely cost the state $220 million for the biennium.

“The Bidenomic-type of ‘tax relief' in this bill is what I would expect from Washington, D.C. liberals, not conservative Wyoming legislators,” the Governor said. “It is a temporary relief measure that could lead to budget shortfalls, and will ultimately be paid for by raising taxes on our children.”

Second Amendment

Gordon signed four bills that support the Second Amendment – but used his veto power on one that was resurrected during the session, which would have repealed gun free zones.

HB-125, he argued, raises concerns of exceeding the separation of powers embodied in Article 2 of the Wyoming Constitution. If it were enacted, he said, any specific policy or further clarification could only be implemented by the legislature.

The bill, he wrote in his veto letter, “Erodes historic local control norms by giving sole authority to the Legislature to micromanage a constitutionally protected right.”

He also commented that it would require all state facilities – including the Wyoming State Hospital or Wyoming Boys School – to receive legislative approval to restrict carrying firearms or even to set policies like proper weapon storage. It would also repeal the statute that has allowed school districts to establish specific policies regarding concealed carry.

“As delivered to my desk, this bill lacks sufficient review and debate. A bill covering such a sensitive topic does not lend itself to successive tweaks to correct flaws, and therefore I believe the Legislature should be open to debating and fully working this bill through its established processes,” he wrote.

Gordon did state, however, that he will direct the State Building Commission to begin a process to reconsider rules to allow concealed carry permit holders to exercise their rights within the Capitol and other appropriate state facilities – a process he said will involve significant input.

Gordon described the four other bills as strengthening Wyoming’s status as a state friendly to the Second Amendment. These include SF-73, which allows felons convicted of controlled substance violations to obtain a concealed weapon permit if they have had their firearms rights restored; SF-105, which prohibits the disclosure or use of protected information related to firearm and ammunition sales; SF-109, which prohibits the implementation or enforcement of Red Flag gun seizures; and SF-86, which creates an account to provide reimbursement to school districts for costs related to possession of firearms on school property.

Gender Reassignment and Abortion

Gordon signed SF-99, which bans physicians from performing procedures for children related to gender transitioning and reassignment.

“I signed SF99 because I support the protections this bill includes for children, however it is my belief that the government is straying into the personal affairs of families” Governor Gordon said.

“Our legislature needs to sort out its intentions with regard to parental rights. While it inserts governmental prerogative in some places, it affirms parental rights in others.”

However, he vetoed HB-148, which regulated surgical abortion clinics, stating that amendments complicated its purpose and made it vulnerable to legal challenges. Wyoming is currently defending laws that already prohibit abortions, he said.

“With the judge certifying these cases to the Wyoming Supreme Court, the state is closer than ever to a decision on the constitutionality of abortion in Wyoming,” he said.

“It is my opinion that HB-148, as amended, had the potential to further delay the resolution of this critical issue for the unborn. The potential of starting over on a new course of legal arguments would in my mind be derelict, and would have only sacrificed additional unborn lives in Wyoming.”

State Budget

Gordon has also placed his signature on the budget bill that caused fractures within the legislature and led to two separate committees attempting to reconcile a $1 billion difference between the figures put forth by the House and Senate.

Gordon praised the budget for improving government services for citizens, promoting economic growth, bettering quality of life for families and investing and saving for the future.

“This budget addresses our challenges and positions Wyoming for a prosperous future,” Gordon said in a press release. “We are fighting federal overreach, advancing our industries, providing practical property tax relief, ensuring adequate funding for our schools, counties, and communities and providing the services Wyoming residents expect.”

However, the governor utilized his line-item veto, describing his actions as intended to uphold separation of powers, executive authority and limit the scope of the bill to properly fund government.

He also noted the “curious approach” taken by the legislature when building the budget and expressed dismay that it almost jeopardized state agency operations and other important needs.

“Last year in my budget veto letter, I congratulated both chambers on passing a budget in record time – all while increasing transparency. It is unfortunate this session did not follow suit,” he wrote.

“Over 300 amendments to this one bill, some of which were introduced to save legislation that failed earlier in the session, almost caused the budget bill to share the same fate.”