HB0019 • 2023

State Indian Child Welfare Act Task Force.

AN ACT relating to children; creating the state Indian Child Welfare Act task force; specifying members and duties of the task force; requiring a report; providing a termination date for the task force; providing appropriations; and providing for an effective date.

Children Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Tribal Relations
Last action: 2023-02-18
Official status: enrolled
Effective date: 2/18/2023

Plain English Breakdown

The bill summary and text do not provide detailed information about the number of Native American children in Wyoming or their specific issues, leaving these points as speculative.

State Indian Child Welfare Act Task Force

This law creates a task force to study and recommend ways to incorporate federal protections for Native American children into Wyoming state laws.

What This Bill Does

Creates the State Indian Child Welfare Act (ICWA) Task Force to examine how to better protect Native American children in Wyoming.
The Task Force will look at existing federal and other states' laws that help protect Native American children's welfare.
Members of the Task Force must write a report by July 1, 2024, with suggestions for new state laws based on their findings.
Funds are provided to pay members of the Task Force who are not government employees or legislators.
The Task Force will end its work by December 31, 2024.

Who It Names or Affects

Native American children in Wyoming
Members of the Task Force including state representatives and senators, attorneys, and tribal leaders

Terms To Know

Indian Child Welfare Act (ICWA): A federal law that aims to keep Native American children with their families and tribes when they need help from the government.

Limits and Unknowns

The bill does not specify how many Native American children are in Wyoming or what specific problems they face.
It is unclear if all tribal leaders will agree on recommendations for new state laws.
The effectiveness of the Task Force's work depends on whether lawmakers pass any recommended changes to state law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0019H3001

3rd reading • Representative Ottman

Withdrawn

Plain English: The amendment changes the termination date for the task force from 2024 to 2025 and updates the effective date of the act.

Changes the termination year for the task force from 2024 to 2025.
Updates the effective date of the act to July 1, 2024.

The amendment text does not provide details on why these changes are being made or what specific impacts they will have.

Bill History

2023-02-18 LSO
Assigned Chapter Number 41
2023-02-18 Governor
Governor Signed HEA No. 0019
2023-02-15 Senate
S President Signed HEA No. 0019
2023-02-14 House
H Speaker Signed HEA No. 0019
2023-02-14 LSO
Assigned Number HEA No. 0019
2023-02-14 Senate
S 3rd Reading:Passed 19-12-0-0-0
2023-02-13 Senate
S 3rd Reading:Laid Back
2023-02-09 Senate
S 2nd Reading:Passed
2023-02-08 Senate
S COW:Passed
2023-02-07 Senate
S Placed on General File
2023-02-07 Senate
S02 - Appropriations:Recommend Do Pass 4-0-1-0-0
2023-02-06 Senate
:Rerefer to S02 - Appropriations
2023-02-06 Senate
S10 - Labor:Recommend Do Pass 3-2-0-0-0
2023-02-02 Senate
S Introduced and Referred to S10 - Labor
2023-02-02 Senate
S Received for Introduction
2023-02-02 House
H 3rd Reading:Passed 48-14-0-0-0
2023-02-01 House
H 2nd Reading:Passed
2023-01-31 House
H COW:Passed
2023-01-19 House
H Placed on General File
2023-01-19 House
H10 - Labor:Recommend Do Pass 8-1-0-0-0
2023-01-12 House
H Introduced and Referred to H10 - Labor
2023-01-06 House
H Received for Introduction
2022-12-05 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0236
Bill No.:

HB0019

Effective:

Immediately

LSO No.:

23LSO-0236

Enrolled Act No.:

HEA No. 0019

Chapter No.:

Prime Sponsor:

Select Committee on Tribal Relations

Catch Title:

State Indian Child Welfare Act Task Force.

Subject:

Creating a task force relating to Indian children.

Summary/Major Elements:

This act creates the state Indian Child Welfare Act Task Force.

The purpose of the Task Force is to study the federal Indian Child Welfare Act of 1978 (ICWA), other states' Indian child welfare laws and existing protections and provisions for Indian children throughout Wyoming statutes.

The Task Force shall develop legislative recommendations to incorporate the protections and procedures of ICWA into state law.

Comments:

No later than July 1, 2024, the Task Force shall report its determinations and any recommendations to the Select Committee on Tribal Relations, the Joint Judiciary Interim Committee and the governor.

Forty thousand dollars ($40,000.00) is appropriated from the general fund to the Governor’s Office to provide a salary, mileage and per diem to non-legislative Task Force members.

Forty thousand dollars ($40,000.00) is appropriated from the general fund to the Legislative Service Office to provide a salary, mileage and per diem to legislative Task Force members.

The Task Force shall include two members from the Wyoming House of Representatives and two members from the Wyoming Senate.

The Task Force shall terminate December 31, 2024.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

23LSO-0236

ORIGINAL House

Bill No
.
HB0019

ENROLLED ACT NO. 19,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

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

Section 1
.

(a)

There is created the state Indian Child Welfare Act task force to consist of the following:

(i)

The director of the department of family services or the director's designee;

(ii)

One (1) county or prosecuting attorney in Wyoming, appointed by the governor;

(iii)

One (1) private attorney who practices predominantly family law in Wyoming and is familiar with the federal Indian Child Welfare Act of 1978, appointed by the governor;

(iv)

Two (2) persons appointed by the governor upon the recommendation of the Eastern Shoshone business council;

(v)

Two (2) persons appointed by the governor upon the recommendation of the Northern Arapaho business council;

(vi)

Two (2) members of the Wyoming house of representatives, appointed by the speaker of the house. The speaker of the house shall designate from one (1) of the members appointed under this paragraph a cochairperson of the task force;

(vii)

Two (2) members of the Wyoming senate, appointed by the president of the senate. The president of the senate shall designate from one (1) of the members appointed under this paragraph a cochairperson of the task force.

(b)

The task force shall study the federal Indian Child Welfare Act of 1978, P.L. 95–608, 25 U.S.C. §§ 1901–1963, other states' Indian child welfare laws and existing protections and provisions for Indian children throughout Wyoming statutes.

(c)

The task force shall meet as necessary and shall consult with national experts in child welfare and Indian Child Welfare Act protections and procedures.

(d)

The task force shall develop legislative recommendations to incorporate the protections and procedures of the federal Indian Child Welfare Act of 1978 into state law. Not later than July 1, 2024, the task force shall report its determinations and any recommendations to the select committee on tribal relations, the joint judiciary interim committee and the governor.

(e)

The legislative members of the task force shall receive salary, per diem and travel expenses in the manner and amount prescribed by W.S. 28
‑
5
‑
101. Task force members who are not legislators and are not government employees shall receive salary, per diem and mileage in the amount provided for members of the Wyoming legislature under W.S. 28
‑
5
‑
101. Task force members who are government employees or officials shall be considered to be acting within the scope of regular employment when conducting the official business of the task force and shall receive their regular pay without additional compensation except they shall receive mileage and per diem as provided for other members of the task force under this subsection if they are not reimbursed by their employer.

(f)

The task force shall be staffed by the legislative service office.

(g)

The task force shall terminate December 31, 2024.

Section 2
.

(a)

There is appropriated forty thousand dollars ($40,000.00) from the general fund to the governor's office for the purpose of providing salary, mileage and per diem to nonlegislative members of the state Indian Child Welfare Act task force as authorized by section 1 of this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2025. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2025.

(b)

There is appropriated forty thousand dollars ($40,000.00) from the general fund to the legislative service office for the purpose of providing salary, mileage and per diem to legislative members of the state Indian Child Welfare Act task force as authorized by section 1 of this act and for other expenses of the state Indian Child Welfare Act task force authorized by law or policy of the legislature. This appropriation shall be for the period beginning with the effective date of this act and ending June

30,

2025. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2025.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk