Compelled speech is not free speech. | 25LSO-0031, 1.0 |
FISCAL NOTE
The impact of this bill is indeterminable, as the fiscal impact would not be known until a claim is filed against the State. However, there could also be a fiscal impact from increased expenditures for awards or settlements for the reimbursement of attorney fees.
The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.
Prepared by: Catherine Camarotte, LSO Phone: 777-7881
(Information provided by Rory L. Horsley, Dept. of Administration & Information, 307-777-5010;
Claire Smith, Supreme Court, 307-777-7502)
SF0077
ORIGINAL Senate
File No. SF0077
ENROLLED ACT NO. 23, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session
AN ACT relating to the administration of government; prohibiting the state and its political subdivisions from requiring the use of preferred pronouns; authorizing a civil remedy; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑14‑601 is created to read:
ARTICLE 6
COMPELLED OR PROHIBITED SPEECH
9‑14‑601. Compelled speech; civil action.
(a) The state and its political subdivisions shall not compel or require an employee to refer to another employee using that employee's preferred pronouns:
(i) As a condition of continuing or commencing employment or contracting with the state or a political subdivision;
(ii) As a condition of receiving a grant, loan, permit, contract, license or other benefit afforded by the state or a political subdivision; or
(iii) Under threat of adverse action by the state or a political subdivision, including but not limited to an adverse employment action, exclusion, sanction or punishment.
(b) Any person aggrieved by a violation of subsection (a) of this section may file a civil action in any court of competent jurisdiction against the state or any political subdivision, and its employees acting in their official capacities, responsible for the violation to seek injunctive or declaratory relief.
Section 2. This act applies to conduct occurring on or after July 1, 2025 to which liability under this act applies.
Section 3. This act is effective July 1, 2025.
(END)
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Speaker of the House |
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| President of the Senate |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the Senate.
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Chief Clerk |
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SF0077 | Compelled speech is not free speech. |
Sponsored By: Senator(s) Hutchings, Boner, Ide, Smith, D and Steinmetz and Representative(s) Andrew, Banks, Bear, Haroldson, Neiman and Smith, S
AN ACT relating to the administration of government; prohibiting the state and its political subdivisions from requiring the use of preferred pronouns; authorizing a civil remedy; and providing for an effective date.
12/31/2024 Bill Number Assigned
1/6/2025 S Received for Introduction
1/16/2025 S Introduced and Referred to S01 - Judiciary
1/29/2025 S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
ROLL CALL
Ayes: Senator(s) Crago, Crum, Hicks, Kolb, Olsen
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/29/2025 S Placed on General File
SF0077SS001/ADOPTED
Page 1-line 4 Delete \"providing an exception to the Wyoming\".
Page 1-line 5 Delete \"Governmental Claims Act;\".
Page 2-line 23 Delete \"recover\".
Page 3-line 1 Delete \"appropriate relief, including\" and insert \"seek\".
Page 3-line 2 After \"relief\" delete balance of line and insert \".\".
Page 3-lines 3 through 20 Delete entirely and renumber as necessary.
Page 4-line 1 Delete \"Section 3.\" and insert \"Section 2.\".
Page 4-line 5 Delete \"Section 4.\" and insert \"Section 3.\". Olsen, Chairman
2/4/2025 S COW:Passed
2/5/2025 S 2nd Reading:Passed
2/6/2025 S 3rd Reading:Passed 27-3-1-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Cooper, Crago, Crum, Dockstader, Driskill, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Case, Gierau, Rothfuss
Excused: Senator French
Ayes 27 Nays 3 Excused 1 Absent 0 Conflicts 0
2/6/2025 H Received for Introduction
2/10/2025 H Introduced and Referred to H01 - Judiciary
2/12/2025 H01 - Judiciary:Recommend Amend and Do Pass 8-1-0-0-0
ROLL CALL
Ayes: Representative(s) Brady, Bratten, Filer, Kelly, Lien, Singh, Washut, Webb
Nays: Representative Chestek
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
2/12/2025 H Placed on General File
SF0077HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 3 After \"pronouns;\" insert \"providing an exception to the Wyoming Governmental Claims Act;\".
Page 2-line 23 Before \"injunctive\" insert \"appropriate relief, including\".
Page 2-after line 23 Insert and renumber as necessary:
\"Section 2. W.S. 1-39-104(a) is amended to read:
1-39-104. Granting immunity from tort liability; liability on contracts; exceptions.
(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112, 1-39-122, and 1-39-123 and 9-14-601. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1-39-120(b). The claims procedures of W.S. 1-39-113 apply to contractual claims against governmental entities.\".
Page 3-line 2 Delete \"Section 2.\" and insert \"Section 3.\".
Page 3-line 6 Delete \"Section 3.\" and insert \"Section 4.\". Washut, Chairman
SF0077HW001/WITHDRAWN
2/14/2025 H COW:Passed
SF0077H2001/FAILED (TO ENGROSSED COPY)
Page 1-above line 1 In the catch title, after \"speech\" insert \"and executive orders repository\".
Page 1-line 3 Before \"authorizing\" insert \"providing a process for publishing and maintaining executive orders; providing a definition; requiring previously issued executive orders to be published and maintained on the secretary of state website;\".
Page 2-after line 23 In the House standing committee amendment (SF0077HS001/AE) to this line, after \"Section 2. W.S. 1-39-104(a)\" delete \"is\" and insert \", 9-1-302(a)(ii) and 9-1-303(d) by creating a new paragraph (iii) are\".
Page 3-before line 2 Insert:
\"9‑1‑302. Powers and duties; custodian of public records; preservation of executive orders and proclamations of governor; removal of public documents prohibited; exceptions.
(a) The secretary of state is the custodian of, and shall preserve:
(ii) All executive orders issued by a governor, proclamations of the governor proclaiming the effectiveness of constitutional amendments, corporate revocations and any other proclamation designated as a permanent record by the governor. The secretary of state shall preserve all other proclamations of the governor for one (1) year and then deliver them to the department of state parks and cultural resources for destruction or preservation as it deems desirable. As used in this paragraph, \"executive order\" means a proclamation or order executed by the governor pursuant to constitutional or statutory authority to implement any provision of law; provided \"executive order\" does not include:
(A) A proclamation issued by the governor calling a special session of the legislature;
(B) A proclamation issued pursuant to chapter 4 of title 8 of the Wyoming statutes;
(C) Any proclamation calling for an election or the convening of a state convention pursuant to W.S. 22‑20‑201;
(D) A proclamation of the adoption of a constitutional amendment.
9‑1‑303. Powers and duties; affixing seal to and countersigning commissions and documents; certified copies of acts; file of commissions and appointments; publication of documents.
(d) The secretary of state shall make the following documents available to the public by publishing the documents on the secretary of state's official website:
(iii) All executive orders, as defined in W.S. 9‑1‑302(a)(ii), issued by a governor.
Section 3. Any executive order previously issued by a Wyoming governor prior to the effective date of this act that can be reasonably located shall be published on the secretary of state's official website as soon as reasonably practicable in accordance with this act. The requirements of this section shall include executive orders that have expired.\".
Page 3-line 2 Delete the House standing committee amendment (SF0077HS001/AE) to this line; delete \"Section 2.\" and insert \"Section 4.\".
Page 3-line 6 Delete the House standing committee amendment (SF0077HS001/AE) to this line; delete \"Section 3.\" and insert \"Section 5.\". Yin
2/18/2025 H 2nd Reading:Passed
2/19/2025 H 3rd Reading:Passed 54-7-1-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Rodriguez-Williams, Schmid, Singh, Smith, Strock, Styvar, Tarver, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Winter, Wylie
Nays: Representative(s) Chestek, Nicholas, Posey, Provenza, Sherwood, Storer, Yin
Excused: Representative Riggins
Ayes 54 Nays 7 Excused 1 Absent 0 Conflicts 0
2/19/2025 S Received for Concurrence
2/19/2025 S Concur:Failed 14-17-0-0-0
ROLL CALL
Ayes: Senator(s) Biteman, Boner, Brennan, Dockstader, French, Hicks, Hutchings, Ide, Laursen, Mckeown, Pearson, Salazar, Smith, Steinmetz
Nays: Senator(s) Anderson, Barlow, Case, Cooper, Crago, Crum, Driskill, Gierau, Jones, Kolb, Landen, Nethercott, Olsen, Pappas, Rothfuss, Schuler, Scott
Ayes 14 Nays 17 Excused 0 Absent 0 Conflicts 0
2/19/2025 S Appointed JCC01 Members
Senator(s) Hutchings, Boner, Gierau
2/19/2025 H Appointed JCC01 Members
Representative(s) Andrew, Chestek, Lien
2/21/2025 S Adopted SF0077JC001: 29-2-0-0-0
SF0077JC001/SADOPTEDHADOPTED (TO ENGROSSED COPY)
Delete the following House amendments:
SF0077HS001/AE
HUTCHINGS, BONER, GIERAU, ANDREW, CHESTEK, LIEN
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Cooper, Crago, Crum, Dockstader, Driskill, French, Gierau, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Case, Rothfuss
Ayes 29 Nays 2 Excused 0 Absent 0 Conflicts 0
2/24/2025 H Adopted SF0077JC001: 54-6-2-0-0
SF0077JC001/SADOPTEDHADOPTED (TO ENGROSSED COPY)
Delete the following House amendments:
SF0077HS001/AE
HUTCHINGS, BONER, GIERAU, ANDREW, CHESTEK, LIEN
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Chestek, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Rodriguez-Williams, Schmid, Singh, Smith, Strock, Styvar, Tarver, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Winter, Wylie
Nays: Representative(s) Nicholas, Posey, Provenza, Sherwood, Storer, Yin
Excused: Representative(s) Campbell, K, Riggins
Ayes 54 Nays 6 Excused 2 Absent 0 Conflicts 0
2/24/2025 Assigned Number SEA No. 0023
2/24/2025 S President Signed SEA No. 0023
2/24/2025 H Speaker Signed SEA No. 0023
2/27/2025 Became Law without Signature
2/27/2025 Assigned Chapter Number 62
Chapter No. 62 Session Laws of Wyoming 2025
Bill No.: SF0077 Effective: 7/1/2025
LSO No.: 25LSO-0031
Enrolled Act No.: SEA No. 0023
Chapter No.: 62
Prime Sponsor: Hutchings
Catch Title: Compelled speech is not free speech.
Has Report: No
Subject: Prohibiting the state and its political subdivisions from requiring the use of preferred pronouns.
Summary/Major Elements:
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill. |