Discrimination.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0227

HOUSE BILL
NO.
HB0203

Discrimination.

Sponsored by:
Representative(s) Connolly, Barbuto, Bonner, Byrd, Childers, Esquibel, K., Shepperson, Throne, Wallis and Zwonitzer, Dn. and Senator(s) Burns and Massie

A BILL

for

AN ACT relating to discrimination; prohibiting discrimination based on sexual orientation as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
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11
‑
101(b), 6
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9
‑
101(a), 6
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9
‑
102(a), 9
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2
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1022(a)(v), 19
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14
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107(a), 21
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2
‑
304(a)(v)(F), 21
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3
‑
304(c), 21
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4
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303, 21
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7
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302, 26
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14
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103(a)(xii), 26
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14
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105(b)(intro), 27
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9
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105(a)(i) and (ii), 35
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1
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620(b)(viii), 35
‑
4
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131(b)(intro) and 42
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4
‑
107(b) are amended to read:

1
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11
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101.

Qualifications of juror.

(b)

No citizen shall be excluded from service as a juror on account of race, color, religion, sex,
sexual orientation,

age, national origin or economic status.

6
‑
9
‑
101.

Equal enjoyment of public accommodations and facilities; penalties.

(a)

All persons of good deportment are entitled to the full and equal enjoyment of all accommodations, advantages, facilities and privileges of all places or agencies which are public in nature, or which invite the patronage of the public, without any distinction, discrimination or restriction on account of race, religion, color, sex
, sexual orientation
or national origin.

6
‑
9
‑
102.

Discrimination prohibited; penalties.

(a)

No person shall be denied the right to life, liberty, pursuit of happiness or the necessities of life because of race, color, sex,
sexual orientation,
creed or national origin.

9
‑
2
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1022.

Duties of department performed through human resources division.

(a)

Subject to subsection (b) of this section, the department through the human resources division shall:

(v)

Maintain a register of applications made by all persons seeking employment with an agency. Each application shall be rated on the basis of suitability and qualifications without regard to political affiliation, race, color, sex,
sexual orientation,
creed or age;

19
‑
14
‑
107.

Creation of veterans' commission; composition; terms.

(a)

A Wyoming veterans' commission is created within the military department consisting of twelve (12) members, not less than one (1) of whom shall reside in each judicial district identified in W.S. 5
‑
3
‑
101, appointed by the governor for staggered terms of three (3) years. Commencing with initial appointments made in 2005, four (4) members of the board shall be appointed for a term of one (1) year, four (4) members for a term of two (2) years and four (4) members for a term of three (3) years. Terms thereafter shall be three (3) years and staggered with one-third (1/3) of the members' terms expiring each year. Appointments shall be made without regard to political affiliation, sex
, sexual orientation
, religion or ethnic background. The governor may remove any member as provided in W.S. 9
‑
1
‑
202. A chairman shall be elected by the commission from among its members and a new chairman elected every two (2) years thereafter.

21
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2
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304.

Duties of the state board of education.

(a)

The state board of education shall:

(v)

Through the state superintendent and in consultation and coordination with local school districts, implement a statewide assessment system comprised of a coherent system of measures that when combined, provide a reliable and valid measure of individual student achievement for each public school and school district within the state, and the performance of the state as a whole. Improvement of teaching and learning in schools and fostering school program improvement shall be the primary purposes of statewide assessment of student performance in
Wyoming
. The statewide assessment system shall:

(F)

Provide a fair and unbiased assessment of student performance without regard to race,
sexual orientation,
ethnicity, limited English proficiency and socioeconomic status;

21
‑
3
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304.

Charter school; requirements; authority.

(c)

A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion,
sexual orientation,
ancestry or need for special education services. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. Enrollment decisions shall not discriminate against at-risk students or special program students.

21
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4
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303.

Right not denied on account of sex, race, sexual orientation or religion.

No child shall be denied the right to attend the public schools of this state on account of sex,
sexual orientation,
race
,
or religion.

21
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7
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302.

Discrimination in compensation prohibited.

No discrimination in the amount of compensation for the teachers in the public schools of this state shall be made on account of sex,
sexual orientation,
race or religious belief.

26
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14
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103.

Definitions.

(a)

As used in this chapter:

(xii)

"Unfairly discriminatory" refers to rates that cannot be actuarially justified. It does not refer to rates that produce differences in premiums for policyholders with like loss exposures but different expenses, or like expenses but different loss exposures, so long as the rate reflects such differences with reasonable accuracy. A rate is not unfairly discriminatory if it averages broadly among persons insured under a group, franchise or blanket policy or a mass marketing plan. No rate in a competitive market shall be considered unfairly discriminatory unless it violates the provisions of W.S. 26
‑
14
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105(b) in that they classify in whole or in part on the basis of race, color,
sexual orientation,
creed or national origin.

26
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14
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105.

Rating standards; methods.

(b)

Risks may be classified in any way except that no risk may be classified in whole or in part on the basis of race, color,
sexual orientation,
creed or national origin. In determining whether rates in a noncompetitive market are excessive, inadequate or unfairly discriminatory, consideration may be given to the following elements:

27
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9
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105.

Discriminatory and unfair employment practices enumerated; limitations.

(a)

It is a discriminatory or unfair employment practice:

(i)

For an employer to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation or the terms, conditions or privileges of employment against, a qualified disabled person or any person otherwise qualified, because of age, sex,
sexual orientation,
race, creed, color, national origin
,
ancestry
or pregnancy
;

(ii)

For a person, an employment agency, a labor organization, or its employees or members, to discriminate in matters of employment or membership against any person, otherwise qualified, because of age, sex,
sexual orientation,
race, creed, color, national origin
,
ancestry
or pregnancy
, or a qualified disabled person;

35
‑
1
‑
620.

Powers and duties of department and its divisions.

(b)

The department shall:

(viii)

Prescribe conditions of eligibility for funding under this act so that no person shall be denied services on the basis of race, creed, color,
sexual orientation,
national origin or inability to pay.

35
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4
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131.

Consent of minors to treatment; treatment of infected or exposed persons; immunity from liability.

(b)

For the protection of public health, a physician, health officer or other person or facility providing health care in accordance with state or federal law shall for any individual regardless of age, sex,
sexual orientation,
race or color:

42
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4
‑
107.

Uniform application throughout state; discrimination prohibited; pilot projects authorized.

(b)

The provision of medical assistance to any applicant or qualified recipient shall not be denied or delayed and the administration of this chapter shall not otherwise discriminate against any applicant or recipient on the basis of race, creed, color, national origin,
sexual orientation,
sex or mental or physical handicap.

Section 2.
This act is effective July 1, 2009.

(END)

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HB0203