Text of WY SF 94 (2024)

An act regarding compelled speech and state employers.

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2024 STATE OF WYOMING 24LSO-0489 1 SF0094 SENATE FILE NO. SF0094 An act regarding compelled speech and state employers. Sponsored by: Senator(s) Hutchings, French and Ide and Representative(s) Styvar and Ward A BILL for 1 AN ACT relating to the administration of government; 2 prohibiting the state and its political subdivisions from 3 compelling speech as specified; authorizing a civil remedy; 4 providing an exception to the Wyoming governmental claims 5 act; and providing for an effective date. 6 7 Be It Enacted by the Legislature of the State of Wyoming: 8 9 Section 1. W.S. 9-14-301 is created to read: 10 11 ARTICLE 3 12 COMPELLED OR PROHIBITED SPEECH 13 14 9-14-301. Compelled speech; civil action. 15 2024 STATE OF WYOMING 24LSO-0489 2 SF0094 1 (a) The state and its political subdivisions shall 2 not compel or require an employee to refer to another 3 employee using that employee's preferred pronouns: 4 5 (i) As a condition of continuing or commencing 6 employment or contracting with the state or a political 7 subdivision; 8 9 (ii) As a condition to receive a grant, 10 contract, license or other benefit afforded by the state or 11 a political subdivision; or 12 13 (iii) Under threat of adverse action by the 14 state or a political subdivision, including but not limited 15 to an adverse employment action, exclusion, sanction or 16 punishment. 17 18 (b) Any person aggrieved by a violation of subsection 19 (a) of this section may file a civil action in any court of 20 competent jurisdiction against the state or any political 21 subdivision, and its employees acting in their official 22 capacities, responsible for the violation to recover 23 appropriate relief, including injunctive or declaratory 2024 STATE OF WYOMING 24LSO-0489 3 SF0094 1 relief, compensatory damages, reasonable attorney fees and 2 court costs. 3 4 Section 2. W.S. 1-39-104(a) is amended to read: 5 6 1-39-104. Granting immunity from tort liability; 7 liability on contracts; exceptions. 8 9 (a) A governmental entity and its public employees 10 while acting within the scope of duties are granted 11 immunity from liability for any tort except as provided by 12 W.S. 1-39-105 through 1-39-112 and 9-14-301. Any immunity 13 in actions based on a contract entered into by a 14 governmental entity is waived except to the extent provided 15 by the contract if the contract was within the powers 16 granted to the entity and was properly executed and except 17 as provided in W.S. 1-39-120(b). The claims procedures of 18 W.S. 1-39-113 apply to contractual claims against 19 governmental entities. 20 21 Section 3. This act applies to civil causes of action 22 that are initiated on or after the effective date of this 23 act. 2024 STATE OF WYOMING 24LSO-0489 4 SF0094 1 2 Section 4. This act is effective July 1, 2024. 3 4 (END)