What a wild ride, pardners!
Last week, legislators hit the trails back to their home communities, and the dust has finally settled in Cheyenne after yet another unprecedented legislative session.
Wyoming’s 67th Legislative Session began on Jan. 14 for a General Session, which is generally 40 days long. This year, the legislature adjourned on March 6, on day 37, meaning it could add three days to next year’s 20-day Budget Session.
Of the 556 pieces of legislation proposed in the two chambers, approximately 165 bills passed, and 130 have been signed into law or allowed to become law without the governor’s signature. Below is what was accomplished.
Wyoming State Legislature
The composition and leadership of the Wyoming Legislature featured several new members. On the House side, Rep. Chip Neiman (R-Crook, Weston) served as speaker of the House. Rep. Scott Heiner (R-Lincoln, Sweetwater, Uinta) served as majority floor leader. Neiman and Heiner are aligned with the Freedom Caucus and prior to the session announced a “Five and Dime” plan as their priority, which included election registration rules; invalidating drivers’ licenses issued to unauthorized immigrants by other states; prohibiting the University of Wyoming from including diversity, equity, and inclusion (DEI) standards in its hiring processes; banning the state from investing in funds that prioritize environmental, social or governance (ESG) standards; and providing a 25% property tax cut to residential property owners.
While the House delivered on many of the promises outlined in the Five and Dime plan, not all of their proposed bills became law. For example, altogether, lawmakers filed 45 election bills, accounting for 8% of all proposed legislation. Only eight of those bills made it to the governor’s desk.
As the session began, mailers, videos and emails from the Freedom Caucus’ allied groups pressured the Senate to pass all of their bills. The Senate did not capitulate.
Led by Senate President Bo Biteman (R-Sheridan), Senate Vice President Tim Salazar (R-Fremont) and Senate Majority Floor Leader Tara Nethercott (R-Laramie), leadership did not issue press releases or seek media attention at the beginning of the session. It was only towards the end of the session when President Biteman issued a guest column to the Cowboy State Daily explaining that he and his Senate colleagues came together to “deliver on a bold conservative vision” and “build bridges over major differences in opinions to provide stability for [the] state[.]” In response to the House, Biteman wrote, “We have all heard of the ‘Five and Dime’ plan, but I stand with the people of Wyoming who say ‘not another dime’ when it comes to growing government.” While the House Freedom Caucus identified and publicized anti-ESG legislation as a priority, Biteman had been working on anti-ESG legislation for years. Biteman’s anti-ESG bill was the version that advanced to the governor’s desk.
Days after the legislative session ended, leaders of the Freedom Caucus claimed “victory” for achieving its legislative priorities. Not all were convinced. One commentator stated, “… the House driven by the Freedom Caucus turned out to be the big spenders, and the Senate, the more conservative body in Wyoming politics.”
The differences between the chambers on the supplemental budget illustrate the point.
SUPPLEMENTAL BUDGET
Wyoming operates on a biennial budget, which the Legislature considers during its 20-day Budget Session on even-numbered years. However, since the mid-1970s, Wyoming has utilized supplemental budgets, which are considered during its 40-day General Sessions in odd-numbered years. For the past 50 years, the Wyoming Legislature has passed a supplemental budget.
When the Legislature adjourned in 2024, it had approved a $10-plus billion budget to cover the next biennium. In November 2024, Gov. Gordon released a request for a $692 million supplemental budget, much of which was directed at rebuilding resources to fight wildfires and providing an external cost adjustment (ECA) for K-12 education. The request also included funds to address housing Wyoming’s prisoners in out-of-state detention centers and increasing Medicaid rates paid to providers to improve access to obstetric and mental health care services.
In addition to the governor’s request, other statewide elected officials requested funding from the supplemental budget. State Treasurer Curt Meier requested $1.6 million to add five new employees and pay raises for two positions. Additionally, Secretary of State Chuck Gray requested a $322,600 increase in his budget to add three new employees. Notably, neither State Auditor Kristi Racines nor State Superintendent of Public Instruction Megan Degenfelder requested supplemental funding.
The Wyoming Freedom Caucus appointed several of its members to the House Appropriations Committee, while Senate leadership appointed more seasoned legislators to the Senate Appropriations Committee. The House and Senate appropriators completed separate deliberations on the supplemental budget bill, and each chamber identified several philosophical differences that made reconciliation seem difficult.
Meanwhile, each chamber advanced several bills to cut residential property taxes. Property taxes primarily fund local governments and K-12 education. These bills prompted each chamber to debate whether—and to what degree—the Legislature would “backfill” the reduction in revenue streams to local governments. The House opted for a proposal to reduce property tax by 25% and to use other state reserve accounts to backfill the cuts. The Senate, by contrast, opted for a proposal to reduce property tax by 50% and provide no backfill.
As deadlines approached for the consideration of bills, Senate leadership released a statement that it would not continue to work on advancing a supplemental budget until they knew what the impact of the historic property tax cuts would mean for the state. The Senate identified its own set of funding priorities that would be “covered in stand-alone legislation without adding hundreds of millions of dollars to the budget[.]” For example, the Senate provided $20 million in funding to replenish the depleted emergency fire suppression account through an amendment to a bill addressing the duties of the state forester. The Senate also provided over $52 million in funding to cover the external cost adjustment for K-12 education by amending a bill that created a select committee to study education funding recalibration. For those paying attention to these lower-profile bills, it was no surprise when the Senate announced that it would not advance a supplemental budget. But for those who weren’t paying attention, the announcement came as a “bombshell” and “surprise,” leading other lawmakers and statewide elected officials, Treasurer Curt Meier and Secretary of State Chuck Gray, scrambling to find bills to attach their funding priorities. Sen. Larry Hicks, for example, tried unsuccessfully to insert a $10 million appropriation for a shooting range complex in the state’s water infrastructure construction bill. However, a last-ditch effort in bringing an amendment to Senate File 169 to transfer funds from the state’s strategic investments and projects account, including transferring $10 million to the shooting range complex, essentially resurrected the project. The amendment was adopted by the House and Senate and it currently resides on the governor’s desk for consideration.
After the Senate made its announcement not to pass a supplemental budget, House leadership found themselves “speechless.” Leadership of the House Appropriations Committee stated, “… I want to ensure that we provide the governmental services the people expect,” which surprised Freedom Caucus supporters who have generally demanded reductions in spending on governmental services.
As the frenzy to amend appropriations in stand-alone bills continued, both chambers continued negotiations on the property tax reduction bill. Appointed conferees adopted the Senate position not to provide a backfill, but adopted the House’s preference for a 25% reduction, not the Senate position of a 50% reduction. During the debate on concurrence, a senator who works as a public employee of a conservation district, made headlines when he called the compromise “fertilizer” because it didn’t contain a backfill for local government spending. Nonetheless, both chambers voted to support the compromise, and Gov. Gordon signed the bill into law, which will first apply to the tax year beginning Jan. 1, 2026.
Education
The Legislature passed several sweeping education reforms. Led by markedly more conservative leadership, it enacted bills to support career and technical education students, expanded state-authorized charter schools, and created the Wyoming Education Savings Account, later renamed the “Steamboat Legacy Scholarship Act,” which will provide $7,000 per child in school vouchers and scholarships for qualifying K-12 students.
Amid all the action, Judge Peter Froelicher, of Laramie County, issued a 186-page ruling on Feb. 26 (one week before the Legislature scheduled adjournment), finding the state was underfunding its public schools in violation of the state’s Constitution, ordering the Legislature to modify the school funding system. The state has not announced whether it will seek review from the Wyoming Supreme Court. The order comes from a 2022 lawsuit filed by the Wyoming Education Association (WEA) against the state of Wyoming alleging the state had violated its Constitution by failing to fund public schools adequately. Eight school districts joined the lawsuit as intervenors to challenge the state. Article 7 of the Wyoming Constitution states that the Legislature “shall provide for the establishment and maintenance of a complete and uniform system of public instruction.”
In prior litigation beginning in the mid-1990s, a series of cases referred to as the “Campbell decision,” held that Wyoming’s funding model was inequitable. The decision requires the Legislature to “recalibrate,” or assess changes in school costs, at least every five years, and adjust for inflation annually. State education spending increased from $443 million, or $4,372 per student, in 1985 to $1.5 billion, or $16,751 per student in 2022, making Wyoming one of the region’s highest spenders on K-12 education. Wyoming assembled a Select Committee on School Finance Recalibration in 2020, but the Legislature rejected its recommendations in subsequent legislation brought in 2021. Since then, Wyoming has provided a series of external cost adjustments.
During the 2025 General Session, the Legislature passed a bill to create a select committee to work with consultants on recalibration of the education funding model. The bill was later amended to include an external cost adjustment contained in the governor’s supplemental budget request.
The 2025 Select Committee on School Finance Recalibration will have its work cut out for it during the interim in addressing concerns raised by the court order.
ENERGY AND ENVIRONMENT
Majority Floor leader Rep. Scott Heiner (R-Sweetwater) is the chair of the Joint Minerals, Business and Economic Development Committee and led efforts to maximize coal production in the state of Wyoming. During this session, there were more than a dozen committee-sponsored bills aimed at enhanced oil recovery and assisting oil and gas operators. Several bills were related to taxes. For example, House Bill 11 extended the sunset date on manufacturing sales tax exemptions from 2027 to 2037. The bill was signed into law on March 3. Another bill, House Bill 12, would have provided a two-year property tax exemption for industrial equipment, including equipment used in the extraction of processing minerals. The bill died in committee.
Additionally, House Bill 75 created a reduction in the severance tax rate for surface coal producers from 6.5% to 6%, which would move closer to parity with the oil and gas severance tax, which is currently 6%. Gov. Gordon signed the bill into law, which will be effective July 1, 2025. The Wyoming Mining Association has advocated for tax parity for several sessions; House Bill 75 was a significant victory for Wyoming’s coal producers.
On the oil and gas side, Senate File 15 amended the authority of the Wyoming Oil and Gas Conservation Commission (“WOGCC”) to regulate noncommercial reserve pits. In response to federal rules adopted during the Biden administration affecting bonding rates, the Legislature also adopted Senate File 20, which requires the WOGCC to promulgate rules to provide bonding options for oil and gas operators. The effort will create a new bonding pool system to give operators, particularly small operators, financial assurance needed to continue developing wells located on federal land.
On the carbon management front, Gov. Gordon signed Senate File 17 into law which provides for an enhanced oil recovery stimulus program in Wyoming. Stimulus funds will be available for the use of carbon dioxide in enhanced oil and gas recovery projects within the state. The stimulus amount is set at $10 per ton of carbon dioxide sold or delivered with these projects, with provisions for adjustments based on federal tax credits. By contrast, efforts to repeal carbon management programs did not advance this session, despite being a priority among some Freedom Caucus members. For example, Senate File 92, known as the “Make Carbon Dioxide Great Again” bill, would have repealed low-carbon energy standard requirements and specified policy statements of the state associated with carbon dioxide. Cosponsored by Sen. Cheri Steinmetz (R-Torrington) and Rep. John Bear (R-Campbell), the bill failed to advance out of the Senate Minerals Committee. Rep. Christopher Knapp (R-Gillette), also aligned with the Freedom Caucus, was the lead sponsor for House Bill 209, known as “Reliable and Dispatchable Low-Carbon Standards – Repeal.” Knapp’s bill died in the House Minerals Committee. Stakeholders, including Wyoming coal and trona mining representatives and agricultural producers, noted during testimony that the state has already spent years investing in carbon capture, use and sequestration. Further, Wyoming’s coal industry acknowledged that customers in other states are demanding cleaner emissions, making carbon capture a potential solution to extend the life of coal-fired power plants. Stakeholders also testified in support of Wyoming’s primacy to manage federal emission programs, rather than the U.S. Environmental Protection Agency, which may have been jeopardized had these bills advanced.
With respect to “green energy” bills providing a moratorium on solar and wind projects (Senate File 183), repealing the three-year tax exemption on wind energy production (House Bill 252), prohibiting the use of eminent domain for pipelines conveying carbon dioxide for carbon capture, utilization or storage (House Bill 244), and repealing the ability of non-public utilities to use the right of condemnation for electric generation collector systems (House Bill 91) all failed to make it through both chambers.
Recently, in southwestern Wyoming, there have been sightings of large drones at night flying over the Jim Bridger Power Plant and several oil and gas operations, without any identification of who is operating the drones. The Legislature acted quickly and passed the Protection of Critical Infrastructure bill (Senate File 132), which prohibits the use and operation of unmanned aircraft over critical infrastructure and defines penalties for doing so. It further authorizes peace officers and law enforcement to use reasonable actions to prevent or stop these unmanned aircraft and allows the governor to order the National Guard to prevent or stop the unmanned aircraft in these situations. Gov. Gordon vetoed the bill, citing conflicts with Federal Aviation Administration law or regulations and the need to confront the complex legal issues presented at the federal level to provide clear guidance on what measures are within Wyoming’s authority. The Legislature successfully overrode the governor’s veto and the legislation takes immediate effect.
The legislature passed a bill to study the energy impact on the Wyoming economy. The bill requires the Wyoming Energy Authority to complete a study on the economic impact of the energy industry in Wyoming by October of 2025. The study will gather information on various types of mineral productions throughout the state, the amount of taxes the producers have contributed in the last 10 years, and other economic impacts on the state. After the study is complete, the Energy Authority will provide the report to the Joint Appropriations Committee, Joint Revenue Interim Committee, and Joint Minerals, Business and Economic Development Interim Committee.
Wyoming also passed House Bill 192, Wildfire Mitigation and Liability Limits. This bill requires electric utilities to prepare a wildfire mitigation plan that outlines actions the electric utility will take to minimize the risk of wildfire and to respond to wildfire events. Each electric utility must also submit its wildfire mitigation plan to the Public Service Commission for review and approval. The commission must approve the plan if it finds that it is reasonable, in the public interest and appropriately balances the costs of implementing the plan with the risks of a potential wildfire. Each utility will be required to submit an updated plan every five years and to submit an annual compliance report. The legislation also creates a presumption in civil actions that an approved wildfire mitigation plan is a reasonable and prudent preparation for, and mitigation of, wildfire risk. Similar efforts have passed in other states and were born out of concern by large class actions in California and Oregon against utilities related to wildfires.
Gaming
Although gambling is illegal in Wyoming, Wyoming law allows for specific types of gaming activity, including skill-based amusement games, online sports wagering, and historic horse racing (HHR) machines for those operators who also provide live horse racing. Since the Wyoming Legislature authorized HHR machines in 2013, the number of machines has grown significantly. The Wyoming Gaming Commission has approved over 5,700 HHR terminals among the three existing operators. A fourth operator is currently receiving necessary approvals to conduct live horse racing and operate off-track betting facilities, including fewer than 300 HHR terminals.
During the 2024 interim, the Joint Appropriations Committee (JAC) examined the growth of gaming activity to determine if state laws were adequate and whether Wyoming’s gaming market was saturated. Specifically, the Legislature provided funding for the JAC and Wyoming Gaming Commission to hire a consultant to conduct a feasibility study of the state’s regulatory system and authorized gaming operations. The selected consultant, Spectrum Gaming Group, released its report in December 2024. The report contained several recommendations, including bolstering the licensing and operational requirements for HHR operators, strict operational controls regarding the counting and moving of money, and the need for Wyoming to adopt a criminal statute addressing money laundering/terrorist financing. Due to timing, the JAC did not address these issues in the proposed legislation.
However, the JAC produced several bills to amend existing gaming statutes, including consolidating existing gaming statutes, imposing additional taxes and fees on pari-mutuel wagering, providing further restrictions on the number of HHR machines based on location and population, and authorizing municipalities in addition to the counties with the ability to approve HHR facilities.
In addition to these JAC-sponsored bills, there were a handful of privately sponsored gaming-related bills. First, Rep. Bob Davis (R-Carbon and Sweetwater) introduced legislation to expand gaming by legalizing online slots, poker, blackjack and other casino-style games (“interactive gaming”). Second, Rep. Ivan Posey (D-Fremont), a tribal member from Wyoming’s Wind River Indian Reservation, introduced legislation that would authorize Wyoming-based tribes to offer online sports wagering. Finally, Sen. Nethercott introduced anti-money-laundering legislation.
None of the JAC- or privately-sponsored bills became law. The Legislature may continue to study gaming as an interim topic.
Financial Services
Several bills were considered in the financial sector this session.
House members Steve Harshman (R-Natrona), Lloyd Larsen (R-Fremont), Bob Nicholas (R- Laramie) and Sen. Eric Barlow (R-Campbell) introduced House Bill 107, the Wyoming Generational Investment Account. The goal was for the creation of a long-term investment account ensuring sustainable growth and after 14 years, the funds would be transferred to the General Account. After the House placed the bill on the General File, the committee of the whole did not consider the bill.
Another bill that passed both bodies and was signed into law was Senate File 143. This bill allows public entities to deposit funds in credit unions in Wyoming. Prior to this bill passing, local governments or any public institution in the state were prohibited from making deposits in Wyoming credit unions. The change will allow Wyoming’s small towns, like Shoshoni, to utilize its local credit union, instead of having to drive 20 miles each way to deposit money at a bank in the larger City of Riverton. Credit unions and other advocates first requested versions of this legislation for at least 10 years. This bill goes into effect on July 1, 2025, and will provide public institutions with more financial and investing options.
Wyoming financial institutions also supported a statutory change that will require the Wyoming Department of Transportation to move forward with a mandatory e-filing network. The current system is still paper-based and is time-consuming and often lien holders wait weeks, if not over a month to get their liens perfected and filed with the county clerks. Senate file 25 will help streamline that process for purchasers and sellers of vehicles, lien holders, and for local governments to administer sales tax and registration.
Of NOte:
Wyoming has become ground zero for the national Freedom Caucus agenda. For years, the Freedom Caucus existed largely as an opposition factor to mainstream Republicans. The Wyoming House in 2025, now led by a majority of Freedom Caucus members, provided a testing ground that the national state Freedom Caucus Network hopes to replicate in other states. Abortion-related issues and repealing gun-free zones are among their priorities.
Gov. Gordon allowed House Bill 172, which will repeal gun-free zones, to go into law without his signature, calling it a “legislative power grab.” Effective July 1, 2025, the bill allows the concealed carry of a gun in any meeting of a governmental entity, including legislative committee meetings, public schools and universities, certain areas of airports, and any public building if not otherwise prohibited by law. The legislation also clarifies that the Wyoming Legislature has the authority to preempt the regulation of firearms and amends the existing preemption to generally prohibit state agencies and other political subdivisions from regulating firearms. The bill provides exceptions for private property, public school events where alcohol is served, certain health and human services facilities, facilities where explosives are present, facilities where carrying a gun is otherwise prohibited by law, and for students of an elementary or secondary school. The bill also allows school districts to regulate the concealed carry of their employees and volunteers. Gov. Gordon explained his view that each government entity should be able to decide whether to allow firearms in their public spaces and he expressed his frustration that “Gun-free zones are not repealed—they are now determined exclusively by the legislature.”
Moreover, the legislature overrode Gov. Gordon’s veto of House Bill 64, which requires transvaginal ultrasounds and a 48-hour waiting period for women seeking medication for a chemical abortion. While proclaiming he is “pro-life,” Gordon in his veto letter cited concerns about the invasive nature of the bill’s requirements and the lack of exceptions for pregnancies resulting from rape or incest. The governor further cautioned that the constitutionality of the Life is a Human Right Act and Prohibiting Chemical Abortions law is currently pending before the Wyoming Supreme Court and passing new abortion bills before the court rules invites additional litigation. Nevertheless the Legislature’s vote to override the governor’s veto means the bill will go into effect immediately.
THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING the 2025 LEGISLATIVE SESSION in wyoming. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.