Text of WY SF 77 (2025)

2025 STATE OF WYOMING 25LSO-0031 1 SF0077 SENATE FILE NO. 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 A BILL for 1 AN ACT relating to the administration of government; 2 prohibiting the state and its political subdivisions from 3 requiring the use of preferred pronouns; authorizing a 4 civil remedy; providing an exception to the Wyoming 5 Governmental Claims Act; and providing for an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Wyoming: 9 10 Section 1. W.S. 9-14-601 is created to read: 11 12 ARTICLE 6 13 COMPELLED OR PROHIBITED SPEECH 14 15 9-14-601. Compelled speech; civil action. 2025 STATE OF WYOMING 25LSO-0031 2 SF0077 1 2 (a) The state and its political subdivisions shall 3 not compel or require an employee to refer to another 4 employee using that employee's preferred pronouns: 5 6 (i) As a condition of continuing or commencing 7 employment or contracting with the state or a political 8 subdivision; 9 10 (ii) As a condition of receiving a grant, loan, 11 permit, contract, license or other benefit afforded by the 12 state or a political subdivision; or 13 14 (iii) Under threat of adverse action by the 15 state or a political subdivision, including but not limited 16 to an adverse employment action, exclusion, sanction or 17 punishment. 18 19 (b) Any person aggrieved by a violation of subsection 20 (a) of this section may file a civil action in any court of 21 competent jurisdiction against the state or any political 22 subdivision, and its employees acting in their official 23 capacities, responsible for the violation to recover 2025 STATE OF WYOMING 25LSO-0031 3 SF0077 1 appropriate relief, including injunctive or declaratory 2 relief, compensatory damages, reasonable attorney fees and 3 court costs. 4 5 Section 2. W.S. 1-39-104(a) is amended to read: 6 7 1-39-104. Granting immunity from tort liability; 8 liability on contracts; exceptions. 9 10 (a) A governmental entity and its public employees 11 while acting within the scope of duties are granted 12 immunity from liability for any tort except as provided by 13 W.S. 1-39-105 through 1-39-112, 1‑39‑122, and 1‑39‑123 and 14 9-14-601. Any immunity in actions based on a contract 15 entered into by a governmental entity is waived except to 16 the extent provided by the contract if the contract was 17 within the powers granted to the entity and was properly 18 executed and except as provided in W.S. 1-39-120(b). The 19 claims procedures of W.S. 1-39-113 apply to contractual 20 claims against governmental entities. 21 2025 STATE OF WYOMING 25LSO-0031 4 SF0077 1 Section 3. This act applies to conduct occurring on 2 or after July 1, 2025 to which liability under this act 3 applies. 4 5 Section 4. This act is effective July 1, 2025. 6 7 (END)

ORIGINAL SENATE FILE NO. SF0077 ENROLLED ACT NO. 23, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 1 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 ORIGINAL SENATE FILE NO. SF0077 ENROLLED ACT NO. 23, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 2 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) Speaker of the House President of the Senate Governor TIME APPROVED: _________ DATE APPROVED: _________ I hereby certify that this act originated in the Senate. Chief Clerk