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Judiciary committee undertakes Wyoming trespass statutes in first interim meeting

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Judiciary committee undertakes Wyoming trespass statutes in first interim meeting


SHERIDAN — Throughout its first substantive assembly of the legislative interim Monday, the Wyoming Legislature’s Joint Judiciary Committee examined present state trespass legislation in addition to potential additions or modifications to statute to mirror technological developments and stakeholders’ wants.

Committee members requested Legislative Service Workplace employees to start drafting payments associated to trespassing on non-public property whereas looking and detailing how drone trespassing and surveillance is likely to be expressly prohibited. The ultimate types of these invoice drafts could seem earlier than the Legislature throughout the 2023 normal session. 

Reviewing Wyoming’s trespass statutes is the judiciary committee’s No. 1 precedence for the legislative interim. The committee can even overview high-priority interim topics, together with substance use therapy courts, the workplace of the Guardian advert Litem and crimes in opposition to weak individuals and professions, amongst different interim precedence subjects, throughout conferences this week and in coming months. 

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Below Wyoming legislation, trespassing is punishable by each felony and civil actions, defined Legislative Service Workplace Workers Lawyer David Hopkinson earlier than the committee. Prison expenses will be introduced in opposition to those that trespass usually, trespass whereas looking or trespass to gather pure useful resource information. Basic felony trespass is a misdemeanor punishable by as much as six months in jail, a $750 nice or each whereas trespassing to hunt is punishable by as much as six months in jail, a $1,000 nice or each, Hopkinson stated. Civil cures can be found beneath frequent legislation to landowners upon whose land a person deliberately trespasses. 

The committee’s dialogue started with HB103, a invoice sponsored by Rep. Barry Crago, R-Buffalo, and supplied however not thought-about for introduction throughout this 12 months’s legislative session. The invoice, Crago stated, is meant to streamline enforcement of trespassing legislation by permitting Wyoming Sport and Fish Division officers to difficulty citations for coming into or touring by way of non-public property to hunt, fish, lure or accumulate antlers or horns. 

Present legislation is enforced otherwise all through the state, Crago stated, with WGFD officers in some counties citing those that journey by way of non-public land with trespass whereas others say they lack authority to implement the legislation if the alleged trespasser isn’t actively looking or fishing. The invoice seeks to grant WGFD specific statutory authority to quote trespassers as they journey by way of non-public property whereas looking or fishing, making such habits a misdemeanor punishable by as much as six months in jail, a $1,000 nice and the forfeiture of any sport, antlers or horns taken in violation of the legislation. 

“What I’m making an attempt to do is clear [the law] up in order that even when somebody is trespassing to get to public property, [WGFD officers] would nonetheless be eligible for a ticket beneath the looking trespass statute,” Crago stated. 

The invoice isn’t supposed to sort out nook crossing, or transferring from one piece of public land to a different at a checkerboard intersection between two parcels of privately-owned land. That difficulty, Crago stated, will probably be decided by the courts.

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In his feedback on the invoice, Byron Oedekoven, government director of the Wyoming Affiliation of Sheriffs and Chiefs of Police, stated HB103 may present welcome clarification to legislation enforcement entities on how finest to take care of trespassing to hunt. 

The committee determined to proceed the invoice’s drafting course of within the coming months. 

The judiciary committee additionally took up the matter of trespass by drone. With drone know-how available to hobbyists and drone use extra frequent, many Wyomingites expressed concern earlier than the committee about drone trespass on non-public property. 

Dan Shannon, director of the Wyoming Division of Corrections, stated present legislation doesn’t provide Wyoming correctional employees authority to cease drones flown over WDOC amenities. If drone use over correctional amenities have been outlined as trespass, Shannon stated, WDOC authorities and native legislation enforcement may higher safe amenities. 

Representatives from WGFD and the Wyoming Wildlife Federation anxious drones might be used to harass wildlife and recreators or achieve unfair looking benefits. 

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Brett Moline, director of public and governmental affairs on the Wyoming Farm Bureau Federation, stated he authorised of harsher trespassing choices to strengthen landowners’ property rights.

In response to those feedback, the committee determined to start drafting payments criminalizing drone trespass as a misdemeanor crime; explicitly defining drones as plane in Wyoming Prison Code and WGFD statutes; and prohibiting the usage of drones over correctional amenities and probably different areas with distinctive safety issues.  

The committee additionally requested info from the Legislative Service Workplace on how drone infringements on privateness and use in voyeurism crimes and the way different states have up to date legal guidelines to account for drone know-how. 

The Legislature’s Joint Judiciary Committee will subsequent meet in Casper in September.



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Wyoming

Pig in a poke…and it doesn't make Virginia ham

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Pig in a poke…and it doesn't make Virginia ham


When Liz Cheney first ran for Wyoming’s lone seat in the House of Representatives I didn’t have many objections to her political views, aside from privatizing public land. I did have a big problem with her physical address in Virginia. Many of us had a good laugh when a Wyoming Game and Fish Warden ticketed […]



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Your Wyoming Sunrise: Monday, August 19, 2024

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Your Wyoming Sunrise: Monday, August 19, 2024


Today’s Wyoming sunrise was captured at Glendo by Rob Dickerson. Rob writes, “Beautiful sunrise at Glendo. Running out of summer pretty fast…..it’s all downhill from here.”

To submit your Wyoming sunrise, email us at: News@CowboyStateDaily.com

NOTE: Please send us the highest-quality version of your photo. The larger the file, the better.

NOTE #2: Please include where you are from and where the photo was taken.

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NOTE #3: Tell us about your sunrise. What do you like about it?

NOTE #4: Only horizontal photos will be considered.



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Democrats are dwindling in Wyoming. A primary election law further reduces their influence.

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Democrats are dwindling in Wyoming. A primary election law further reduces their influence.


In some far reaches of rural America, Democrats are flirting with extinction. In Niobrara County, Wyoming, the least-populated county in the least-populated state, Becky Blackburn is one of just 32 left.

Her neighbors call her “the crazy Democrat,” although it’s more a term of endearment than derision.

Some less populated counties have fewer. There are 21 Democrats in Clark County, Idaho, and 20 in Blaine County, Nebraska. But Niobrara County’s Democrats, who account for just 2.6% of registered voters, are the most outnumbered by Republicans in the 30 states that track local party affiliation, according to Associated Press election data.

In Wyoming, the state that has voted for Donald Trump by a wider margin than any other, overwhelming Republican dominance may be even more cemented-in now that the state has passed a law that makes changing party affiliation much more difficult.

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Tuesday’s primary will be the first election since the law took effect.

In Niobrara County’s grassy rangelands and pine-spattered hills adjoining Nebraska and South Dakota, it’s not easy being blue.

A paralegal for the Republican county attorney, Blackburn hears a lot of right-wing views around town.

“Normally I just roll my eyes and walk away because I’m fighting a losing battle and I’m fully aware of that,” she said. “Maybe that is why I’m well-liked, because I keep my mouth shut 10 times more than I want to.”

Not that she’s politically shy. She flies an LGBTQ+ flag in support of her lesbian daughter at her house in Lusk, a ranching town of 1,500 and the Niobrara County seat.

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Republican political signs are displayed at the Niobrara County Fair in Lusk, Wyo., on July 31.Thomas Peipert / AP

In political season, Blackburn stocks up on Democratic political signs to replace those that get swiped. She speaks approvingly of policing reform, taxation for government services and the transgender social media celebrity Dylan Mulvaney.

Maybe because she’s open about those views — and far too outnumbered to put them into action — Blackburn really does seem well-liked in Lusk, where she recently served nine years on the Town Council.

“I won two elections here. Even though that’s nonpartisan, people still knew I had left-leaning values,” she said.

Nationwide, Democrats account for fewer than 3% of voters in three counties this year, up from one county in 2020 but down from seven in 2016. There were none with such a low percentage of Democratic registrations in the presidential election years of 2012, 2008 and 2004, according to the AP data.

The most Republican counties in recent years are concentrated in Idaho, Utah and Wyoming. The most Democratic areas, meanwhile, are much less one-party-dominant.

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The District of Columbia, where 77% of voters are Democrats, ranks second for Democratic dominance. First is Breathitt County, Kentucky, which through tradition is 79% Democratic but not to the core. Republican vice-presidential candidate JD Vance has family there and in 2020 the county went 75% for former President Donald Trump.

Niobrara County was not always quite so Republican. It had more than twice as many Democrats, 83, in 2012, and in 2004 there were more than four times as many, 139.

The Democrats’ struggle in Wyoming mirrors the party’s challenges across rural America, where the party has been losing ground for years.

It wasn’t always this way. Seventy years ago, Democrats were a political force across southern Wyoming, where union mining and railroad jobs were abundant. Now, the party’s only strongholds are in the university town of Laramie and resort town of Jackson.

Meanwhile, as Wyoming Democrats face difficulty fielding viable candidates at all levels, many Democrats have been switching their registration to vote in more competitive Republican primaries, then changing back for the general election.

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“You feel skeevy and dirty when you do it. But you do it anyway and you change it back as soon as you can, because you don’t want to start getting the Republican mailings,” Blackburn said.

Republicans decided they’d had enough. The Wyoming Legislature, where the GOP controls over 90% of the seats, passed legislation last year banning voters from changing their party registration in the three months before the August primary.

Party-switching had “undermined the sanctity of Wyoming’s primary process,” Wyoming’s Republican secretary of state, Chuck Gray, said in a statement of approval.

Wyoming’s Republican and Democratic primaries on Tuesday will be the first in modern memory where voters won’t be able to change party affiliation at the polls.

For Democrats, it will be slim pickings. Statewide, obscure candidates who have done little campaigning are unopposed for the Democratic nomination for U.S. House and Senate.

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Pat Jordan, a registered Republican who describes himself as a progressive, looks at a get-out-the-vote display at the Niobrara County Fair in Lusk, Wyo., on July 31.
Pat Jordan, a registered Republican who describes himself as a progressive, looks at a get-out-the-vote display at the Niobrara County Fair in Lusk, Wyo., on July 31.Thomas Peipert / AP

In Niobrara County, no Democrats are running. They aren’t contesting a seat in the Wyoming House of Representatives or an open seat on the county commission, the two major races, or even running for local party positions.

Yet the area had a Democratic state representative not too long ago: Ross Diercks, who is recognized and warmly greeted at the Outpost Cafe, a homey breakfast and lunch spot in Lusk.

A former middle school English teacher, Diercks was a Republican before deciding the GOP didn’t do enough to support public education. He beat a Republican incumbent in 1992 to launch an 18-year run in the Legislature.

Knowing voters personally and keeping up on issues helped him hold office. When he got a C-minus on a National Rifle Association questionnaire, for example, he resolved to improve. For subsequent elections, he scored A’s on the survey.

Many Republican lawmakers are friends. When one from just down the road died, he sang at his funeral.

Then in 2022, Diercks temporarily switched parties to vote in the GOP primary against Harriet Hageman, who was challenging then-Rep. Liz Cheney for the state’s lone House seat. How many other Democrats did the same is hard to count, but Diercks was far from alone. Hageman, the daughter of the lawmaker he sang for at his funeral, nonetheless won the race by a wide margin.

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The new law keeping Diercks and others from switching their registration so easily has him exasperated with the GOP.

“How far are they going to go to limit one’s ability to vote? If it really comes down to purifying the party, on a voting level all the way up to the elected officials, pretty soon there isn’t going to be anyone left who’s pure enough to be in the party,” Diercks said.

Truck driver Pat Jordan supports many left-leaning goals, including universal healthcare, but said he only registers as a Republican.

“The best way to participate in meaningful change is to try to sway the dominant party,” said Jordan, who lives in Niobrara County. “You know, we need to have a government that serves the people, all of them, not just Republicans and not just rural and not just urban and not just Democrats — and definitely not just the rich and the wealthy.”

Last winter, dozens of locals gathered outside to honk and cheer as one Democrat left town. But they weren’t cheering as Ed Fullmer was headed off for good.

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Fullmer was on the high school boys basketball team bus as they left for the state championship. They lost, but Fullmer coached the Tigers to their best record in a decade, 20-8.

He said people know his views but rarely put him on the spot about politics.

“Most people don’t want to dive into those type of discussions,” he said. “They respect you for what you do, how you work.”

Blackburn, for one, intends to hold her political ground, even as it shrinks around her.

“I am who I am, and I have the views that I have,” she said. “And I don’t care if it bothers people or not.”

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