Wyoming 2025 Regular Session

Wyoming House Bill HB0133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL HOUSE ENGROSSED
2		-	BILL NO. HB0133
3		-	ENROLLED ACT NO. 76, HOUSE OF REPRESENTATIVES
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0509
	4	+	ENGROSSED
	5	+	1HB0133
	6	+	HOUSE BILL NO. HB0133
	7	+	Sanctuary cities, counties and state-prohibition.
	8	+	Sponsored by: Representative(s) Guggenmos, Angelos, Brown,
	9	+	G, Filer, Geringer, Hoeft, Kelly, Lucas,
	10	+	Singh, Smith, S, Styvar, Webb and Webber and
	11	+	Senator(s) Nethercott, Salazar and Smith, D
	12	+	A BILL
	13	+	for
	14	+	1 AN ACT relating to administration of the government;
	15	+	2 prohibiting the implementation of immigration sanctuary
	16	+	3 policies by cities, towns, counties and the state;
	17	+	4 prohibiting the designation of sanctuary cities, towns,
	18	+	5 counties and the state; creating a new felony offense;
	19	+	6 providing penalties; providing definitions; making
	20	+	7 conforming amendments; and providing for an effective date.
	21	+	8
	22	+	9
	23	+	10
	24	+	11. W.S. 9-25-101 and 9-25-102 are created to
	25	+	12 read:
	26	+	13
	27	+	14 CHAPTER 25 2025STATE OF WYOMING25LSO-0509
	28	+	ENGROSSED
	29	+	2HB0133
	30	+	1 PROHIBITION ON IMMIGRATION SANCTUARIES
	31	+	2
	32	+	3
	33	+	4
	34	+	5 (a) As used in this chapter:
	35	+	6
	36	+	7 (i) "Executive order" means a directive, order,
	37	+	8 policy or proclamation that manages the operation of the
	38	+	9 state government issued by the governor;
	39	+	10
	40	+	11 (ii) "Federal officials" or "federal law
	41	+	12 enforcement officers" means any person employed by the
	42	+	13 United States government or any agency or department
	43	+	14 thereof for the primary purpose of enforcing or regulating
	44	+	15 federal immigration laws and any peace officer as defined
	45	+	16 in W.S. 7-2-101(a)(iv) when the person or peace officer is
	46	+	17 acting within the scope of employment to enforce federal
	47	+	18 immigration laws;
	48	+	19
	49	+	20 (iii) "Immigration status" means the legality or
	50	+	21 illegality of a person's presence in the United States as
	51	+	22 determined by federal law;
	52	+	23 2025STATE OF WYOMING25LSO-0509
	53	+	ENGROSSED
	54	+	3HB01331 (iv) "Immigration status information" means any
	55	+	2 information that is not confidential or privileged by law
	56	+	3 including any statement, document, computer generated data,
	57	+	4 recording or photograph that is relevant to immigration
	58	+	5 status or the identity or location of a person who is
	59	+	6 reasonably believed to be illegally residing within the
	60	+	7 United States or involved in international terrorism or
	61	+	8 domestic terrorism as defined in 18 U.S.C. § 2331;
	62	+	9
	63	+	10 (v) "Local official or employee" means any
	64	+	11 elected or appointed official, supervisor or managerial
	65	+	12 employee or peace officer, contractor or agent or acting on
	66	+	13 behalf of or in conjunction with a city, town or county;
	67	+	14
	68	+	15 (vi) "Policy" means any regulation, rule,
	69	+	16 ordinance, policy or practice adopted by the governing body
	70	+	17 of a city, town or county;
	71	+	18
	72	+	19 (vii) "Sanctuary city, town or county" or
	73	+	20 "sanctuary state" means a jurisdiction that limits or
	74	+	21 refuses to communicate or cooperate with federal officials
	75	+	22 or law enforcement officers regarding the reporting of
	76	+	23 immigration status information. 2025STATE OF WYOMING25LSO-0509
	77	+	ENGROSSED
	78	+	4HB0133
6	79		1
7		-	AN ACT relating to administration of the government;
8		-	prohibiting the implementation of immigration sanctuary
9		-	policies by cities, towns, counties and the state;
10		-	prohibiting the designation of sanctuary cities, towns,
11		-	counties and the state; creating a new felony offense;
12		-	providing penalties; providing definitions; making
13		-	conforming amendments; and providing for an effective date.
14		-	Be It Enacted by the Legislature of the State of Wyoming:
15		-	Section 1. W.S. 9-25-101 and 9-25-102 are created to
16		-	read:
17		-	CHAPTER 25
18		-	PROHIBITION ON IMMIGRATION SANCTUARIES
19		-	9-25-101. Definitions.
20		-	(a) As used in this chapter:
21		-	(i) "Executive order" means a directive, order,
22		-	policy or proclamation that manages the operation of the
23		-	state government issued by the governor;
24		-	(ii) "Federal officials" or "federal law
25		-	enforcement officers" means any person employed by the
26		-	United States government or any agency or department
27		-	thereof for the primary purpose of enforcing or regulating
28		-	federal immigration laws and any peace officer as defined
29		-	in W.S. 7-2-101(a)(iv) when the person or peace officer is
30		-	acting within the scope of employment to enforce federal
31		-	immigration laws; ORIGINAL HOUSE ENGROSSED
32		-	BILL NO. HB0133
33		-	ENROLLED ACT NO. 76, HOUSE OF REPRESENTATIVES
34		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
35		-	2025 GENERAL SESSION
36		-	2(iii) "Immigration status" means the legality or
37		-	illegality of a person's presence in the United States as
38		-	determined by federal law;
39		-	(iv) "Immigration status information" means any
40		-	information that is not confidential or privileged by law
41		-	including any statement, document, computer generated data,
42		-	recording or photograph that is relevant to immigration
43		-	status or the identity or location of a person who is
44		-	reasonably believed to be illegally residing within the
45		-	United States or involved in international terrorism or
46		-	domestic terrorism as defined in 18 U.S.C. § 2331;
47		-	(v) "State or Local official or employee" means
48		-	any elected or appointed official, supervisor or managerial
49		-	employee or peace officer, contractor or agent acting on
50		-	behalf of or in conjunction with the state or a city, town
51		-	or county;
52		-	(vi) "Policy" means any regulation, rule,
53		-	ordinance, policy or practice adopted by the governing body
54		-	of a state agency or a city, town or county;
55		-	(vii) "Sanctuary city, town or county" or
56		-	"sanctuary state" means a jurisdiction that limits or
57		-	refuses to communicate or cooperate with federal officials
58		-	or law enforcement officers regarding the reporting of
59		-	immigration status information.
60		-	9-25-102. Prohibition on immigration sanctuary
61		-	policies and designations; penalty.
62		-	(a) No governing body of a state agency or a city,
63		-	town or county, whether acting through its governing body
64		-	or by an initiative, referendum or other process, shall: ORIGINAL HOUSE ENGROSSED
65		-	BILL NO. HB0133
66		-	ENROLLED ACT NO. 76, HOUSE OF REPRESENTATIVES
67		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
68		-	2025 GENERAL SESSION
	80	+	2
69	81		3
70		-	(i) Enact, adopt, implement or enforce any
71		-	policy that prohibits or restricts state or local officials
72		-	or employees from communicating or cooperating with federal
73		-	officials or law enforcement officers with regard to
74		-	reporting immigration status information while the state or
75		-	local official or employee is acting within the scope of
76		-	the official's or employee's official duties;
77		-	(ii) Declare or designate the state or city,
78		-	town or county as a sanctuary state or sanctuary city, town
79		-	or county.
80		-	(b) No state or local official or employee shall be
81		-	prohibited or restricted from communicating or cooperating
82		-	with federal officials or law enforcement officers with
83		-	regard to reporting immigration status information while
84		-	the official or state employee is acting within the scope
85		-	of the official's or employee's official duties.
86		-	(c) No executive order shall declare or designate the
87		-	state of Wyoming as a sanctuary state.
88		-	(d) Any person lawfully residing and domiciled in
89		-	this state shall have a private right of action to file for
90		-	a writ of mandamus to compel any noncooperating state or
91		-	local official or employee to comply with this chapter. ORIGINAL HOUSE ENGROSSED
92		-	BILL NO. HB0133
93		-	ENROLLED ACT NO. 76, HOUSE OF REPRESENTATIVES
94		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
95		-	2025 GENERAL SESSION
96		-	4Section 2. This act is effective immediately upon
97		-	completion of all acts necessary for a bill to become law
98		-	as provided by Article 4, Section 8 of the Wyoming
99		-	Constitution.
100		-	(END)
101		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
102		-	I hereby certify that this act originated in the House.
103		-	Chief Clerk
	82	+	4
	83	+	5 (a) No governing body of a city, town or county,
	84	+	6 whether acting through its governing body or by an
	85	+	7 initiative, referendum or other process, shall:
	86	+	8
	87	+	9 (i) Enact, adopt, implement or enforce any
	88	+	10 policy that prohibits or restricts local officials or
	89	+	11 employees from communicating or cooperating with federal
	90	+	12 officials or law enforcement officers with regard to
	91	+	13 reporting immigration status information while the local
	92	+	14 official or employee is acting within the scope of the
	93	+	15 official's or employee's official duties;
	94	+	16
	95	+	17 (ii) Declare or designate the city, town or
	96	+	18 county as a sanctuary city, town or county.
	97	+	19
	98	+	20 (b) Upon a determination by the governor, with a
	99	+	21 recommendation from the attorney general, that a governing
	100	+	22 body of a city, town or county has violated subsection (a)
	101	+	23 of this section, the governor shall require the office of 2025STATE OF WYOMING25LSO-0509
	102	+	ENGROSSED
	103	+	5HB0133
	104	+	1 state lands and investments and the department of revenue
	105	+	2 to withhold all state and state administered federal
	106	+	3 funding directly paid to the city, town or county, unless
	107	+	4 otherwise specifically provided by law, until the city,
	108	+	5 town or county complies with subsection (a) of this
	109	+	6 section. After a city, town or county complies with
	110	+	7 subsection (a) of this section, the office of state lands
	111	+	8 and investments and the department of revenue shall resume
	112	+	9 distribution of state and state administered federal
	113	+	10 funding directly paid to the city, town or county but the
	114	+	11 office of state lands and investments and the department of
	115	+	12 revenue shall not distribute funds that were withheld
	116	+	13 during the period of noncompliance with this section to the
	117	+	14 city, town or county that violated subsection (a) of this
	118	+	15 section. The department of revenue shall distribute funds
	119	+	16 that were withheld on a pro rata basis to the other
	120	+	17 receiving cities, towns or counties who are in compliance
	121	+	18 with this section.
	122	+	19
	123	+	20 (c) No state employee shall be prohibited or
	124	+	21 restricted from communicating or cooperating with federal
	125	+	22 officials or law enforcement officers with regard to
	126	+	23 reporting immigration status information while the state 2025STATE OF WYOMING25LSO-0509
	127	+	ENGROSSED
	128	+	6HB0133
	129	+	1 employee is acting within the scope of the employee's
	130	+	2 official duties.
	131	+	3
	132	+	4 (d) No executive order shall declare or designate the
	133	+	5 state of Wyoming as a sanctuary state.
	134	+	6
	135	+	7 (e) Any local official or employee who refuses to
	136	+	8 communicate or cooperate with federal officials or law
	137	+	9 enforcement officers with regard to reporting immigration
	138	+	10 status information while the local official or employee is
	139	+	11 acting within the scope of the official's or employee's
	140	+	12 official duties shall be guilty of a felony punishable by
	141	+	13 imprisonment for not less than five (5) years and not more
	142	+	14 than ten (10) years, a fine of not more than twenty
	143	+	15 thousand dollars ($20,000.00), or both.
	144	+	16
	145	+	17W.S. 22-24-301 and 22-24-401 are amended
	146	+	18 to read:
	147	+	19
	148	+	20
	149	+	21
	150	+	22 The people may propose and enact laws by the initiative.
	151	+	23 However, the initiative shall not be used to dedicate 2025STATE OF WYOMING25LSO-0509
	152	+	ENGROSSED
	153	+	7HB0133
	154	+	1 revenues, make or repeal appropriations, create courts,
	155	+	2 define the jurisdiction of courts or prescribe their rules,
	156	+	3 enact local or special legislation, enact anything
	157	+	4 prohibited by the constitution for enactment by the
	158	+	5 legislature,
	159	+	6
	160	+	7 same as that defeated by an initiative election within five
	161	+	8 (5) years preceding the time of filing of the petition.
	162	+	9
	163	+	10
	164	+	11
	165	+	12 The people may approve or reject acts of the legislature by
	166	+	13 the referendum. However, the referendum shall not be
	167	+	14 applied to dedications of revenue, to appropriations, to
	168	+	15 local or special legislation,
	169	+	16 or to laws necessary for the
	170	+	17 immediate preservation of the public peace, health or
	171	+	18 safety.
	172	+	19 2025STATE OF WYOMING25LSO-0509
	173	+	ENGROSSED
	174	+	8HB01331This act is effective immediately upon
	175	+	2 completion of all acts necessary for a bill to become law
	176	+	3 as provided by Article 4, Section 8 of the Wyoming
	177	+	4 Constitution.
	178	+	5
	179	+	6 (END)