A Wyoming bill that would eliminate Teton County and Jackson’s elaborate affordable housing mitigation policies starting July 1 cleared the state House of Representatives on Monday and now heads to the Senate.
House Bill 141 was mired in controversy last week and prior, as one of its key proponents, conservative activist Rebecca Bextel, was witnessed handing out checks on the floor of the House of Representatives after adjournment on the first day of the legislative session.
At the time there was no rule against handing out campaign donations in the Capitol. The House, Senate and governor have since adopted rules banning the practice.
Because of what some called the fraught “optics” of the move, however, the House has since launched an internal investigation for possible bribery or misconduct.
The Laramie County Sheriff’s Office has launched another, parallel, criminal investigation into possible bribery.
The Actual Debate
No controversy over what Capitol regulars have deemed "Checkgate" unfolded during debate on the bill Monday.
Members of the Wyoming House of Representatives sparred instead over economic philosophy and the Fifth Amendment to the U.S. Constitution.
House Appropriations Chair John Bear, R-Gillette, argued in favor of House Bill 141, saying it will uphold the Fifth Amendment’s promise that “no property shall be taken without just compensation.”
Rep. Liz Storer, D-Jackson, tried unsuccessfully three times to change Bear’s bill, and ultimately voted against it. She argued that the bill tramples Jackson and Teton County’s methods of dealing with their soaring home costs and lack of housing for working-class people, whose services are still needed.
The bill cleared the House on a 35-17 vote with 10 lawmakers marked as “excused.”
Teton County’s affordable housing mitigation schemes are under court scrutiny right now, after the U.S. Supreme Court confirmed in 2024 that those policies must be connected to and proportionate with the purposes they claim to serve, to be constitutional.
Proponents of the policies say they are vital to providing affordable homes to people.
Opponents say they bottleneck the market even more and are sweeping and arbitrary.
The Debate
Housing prices are exorbitant in Teton County’s seat of Jackson, hitting an average of $8.6 million in 2024.
“Why are housing prices so high?” began Rep. Liz Storer, D-Jackson, during argument on her three amendments. “ I would argue there really is only one (reason)… My community is a place rich people like to live or own a home.”
Storer listed the many features of Wyoming’s low-tax environment.
“The proponents of this bill seem to think we do not do enough for rich people,” said Storer, who also listed the numerous services “rich people” still expect others to provide for them.
Rep. Rachel Rodriguez-Williams, R-Cody, called for a point of order.
“I’m not sure what the lecture on rich people’s lifestyle has to do with this bill,” said Rodriguez-Williams. “If we could get on the bill …”
Rep. Mike Yin, D-Jackson, called another point of order, this time against Rodriguez-Williams.
“This is exactly what the bill is about,” said Yin.
Storer defended her speech, saying she was “just trying to show the relationship between the market demand and housing supply.”
Send In The Economy
Rep. Steve Johnson, R-Cheyenne, quipped, “I feel sorry for these rich people. Maybe if they’d pay a living wage.”
Johnson said people might have to pay $500 an hour, for Teton County’s economy to self-correct but it’s not the public’s job.
“I don’t think it’s up to us to do anything else but make sure they get a living wage,” said Johnson.
House Appropriations Chair John Bear, R-Gillette, agreed.
He said an amendment Storer proposed that would restore power to the local governments to impose those fees and demands would “centralize control through the government and build those houses via the government. And then the government chooses the prices the home builders will pay, in contradiction to their Fifth Amendment rights.”
Two of Storer’s amendments sought to restore power to local governments — a third sought to keep the housing mitigation schemes legal as long as they fit within constitutional parameters.
The House rejected them all.
Local Control
The Wyoming Legislature has long discussed the concept of “local control,” where local governments should control their respective purviews without meddling by a larger government.
Storer invoked that value Monday.
“This bill, without (the first proposed) amendment takes that control away,” said Storer. “It’s that simple.”
Bear later countered.
He said his bill “protects the individual. It doesn’t get any more ‘local control’ than that.”
No Outside Controversy This Time
Teton County philanthropist Don Grasso told Cowboy State Daily on Feb. 14 that he was the source of the checks Bextel was distributing. His secretary sent them to Bextel, thinking Bextel would mail them, as campaign donations to nine legislators and one legislative candidate, Grasso said at the time.
He said he disagreed with handing them out on the floor.
All eight House lawmakers Grasso listed as intended recipients voted in favor of introducing HB 141 on Feb. 11 and in favor of sending it to the Senate on Monday.
Yin had told his colleagues Feb. 11 — ahead of the introductory vote — that the “optics” would be bad if they voted in favor of the bill Bextel championed.
At the time, Rep. Rachel Rodriguez-Williams, R-Cody, who was not listed as a recipient of the checks, but who aligns politically with those who were, said handing out checks on the floor would be “bribery and unethical.”
That was hours before Bextel acknowledged via social media that she had handed out campaign donations on the House floor, which she maintained was lawful. Over the course of the controversy that unfolded, Bextel theorized that the outrage that followed the checks incident stemmed, rather, from people opposing her efforts to curb affordable housing mitigation schemes.
House Speaker Chip Neiman, R-Hulett, announced from the floor last Wednesday evening that Bextel had discussed the campaign donation with him weeks before session, and brought his check to him as he sat in his House Speaker office early in the session, visiting with his wife Joni.
He handed it off to his wife, Neiman said.
He pushed back on allusions to bribery, noting he’d voted in favor last year of a bill, Senate File 40, matching House Bill 141.
Even before Bextel entered the floor Feb. 9, he cosponsored HB 141, he added.
“Why would I need to be bribed to do what I already did a year ago?” he asked. “There are so many parts to this, ladies and gentlemen, that are just — they don’t fit, and this stinks.”
Clair McFarland can be reached at clair@cowboystatedaily.com.
