2023 Wyoming Legislative Session Review
While many bills made the news, there were some important bills which passed the 2023 legislative session which escaped news media scrutiny. This brief article describes some of that legislation, and the practical effect it will have on issues important to our clients.
One bill proposed to the legislature by attorneys with Lubnau Law Office included Senate Enrolled Act 83, which was sponsored by Senator Eric Barlow. The new law allows witnessing of wills via video. During the COVID pandemic, situations arose in which persons were critically in in the Intensive Care Unit. Those people, understandably, wanted to get their legal affairs in order, including preparing their will. Since witnesses were not allowed in the ICU, preparing the emergency estate plan was difficult. With the passage of this bill, wills will be allowed to be witnessed via video conference.
Another bill proposed by Alison Gee of Lubnau Law Office, involves estate plans and divorce. This bill was also sponsored by Senator Eric Barlow. Oftentimes, spouses get divorced, but forget to change their wills, trusts or other estate planning documents. As a result, even though the former spouses are divorced, the ex-spouse would still inherit the property that was divided in the divorce. The best practice, of course, is for divorced spouses to change their estate plans. But, that does not always happen. Senate Enrolled Act, 100 changes that situation. If a person gets divorced, the new law automatically revokes the transfer to the ex-spouse, and severs the rights of survivorship on items held as joint tenants. Of course, the revocation can be reversed, but it takes an affirmative act on behalf of the giving spouse to give property to the ex-spouse.
The Wyoming Legislature has been hesitant to expand Medicaid coverage to those who are low-income and need medical care. However, in a rare exception, the legislature did extend Medicaid coverage for twelve months for new mothers and their babies after birth. That law is known as House Enrolled Act 84.
House Enrolled Act 44 makes it illegal to get married if someone is younger than 16 years old. If someone is sixteen or seventeen years old, they can get married with the permission of District Court Judge. Persons eighteen years or older can get married without anyone’s permission, so long as they purchase a marriage license.
House Enrolled Act 85 extends insurance coverage on property subject to a Transfer on Death Deed for sixty days after the death of the grantor. Cases have occurred in which the insurance coverage on the property terminates on the death of the person granting the property. Then, if something happens to the property after the death, there is no insurance. This new law allows sixty days to readjust coverage on the property after the death of the Grantor.
The Supplemental Budget Bill allocates funding for state government operations and programs for the fiscal year. It provides funding for a variety of services, including education, healthcare, and public safety. The bill places $1.4 billion dollars into savings for the future of the State of Wyoming. The State of Wyoming cannot operate without appropriations. The bill was passed with bipartisan support and was signed into law by Governor Gordon in early 2023. Campbell County elected officials voting “No” on the State Budget include Angelos, Bear, Knapp, Tarver and McKeon. Elected officials voting for the state budget include Clouston, Barlow and Driskill.
Governor Gordon vetoed Enrolled Act 33, which would have prohibited public utilities from using eminent domain to condemn power lines from wind generation systems until 2032. In vetoing the bill, Governor Gordon said the state should not be picking winners and losers in energy development. An original moratorium was created to allow landowners and wind developers to negotiate. A nine year moratorium unnecessarily burdens negotiations and curtails development.
While a majority of the proposed bills this year failed to pass the 2023 legislative session, we are thankful for the positive changes that came from this year’s session. Often it takes more than one legislative session for a bill to be fully vetted and approved in the legislature. We recognize the hard work it takes from our elected officials outside of the legislative session to research and revamp proposed bills.