Senate Joint Resolution 2 and House Joint Resolution 9 proposed to amend the Wyoming Constitution in the area of workers’ compensation.

Specifically, the proposed amendment would have allowed the expenditure of funds in the workers’ compensation account only for compensation for injuries or death on the job, for administration of the workers’ compensation act, or for workplace safety programs conducted by the state as authorized by law.

(HJ 9 also allowed spending on debt service related to the fund, a provision included in SJ 1 -- see description below -- which passed in 1998.)

Proponents of the amendment said that workers’ comp is a no-fault insurance program, funded by employers for employees; since it is not state-funded, the state should not be allowed to divert the money for other purposes.

Opponents of the amendment countered that the large balance in the workers’ comp fund could help temporarily offset budget deficits.

Proposed amendments to the Wyoming Constitution must pass both houses of the Legislature by a two-thirds majority, and then win the approval of a majority of those voting in the next general election.

(Because constitutional amendments must pass by a majority of those voting in the election, not just on the question, failure to vote on a constitutional amendment is the same as voting no.)

SJ 2 failed in Committee of the Whole in the Senate (the first opportunity for debate on the floor), 13-16 (1 excused). HJ 9 passed the House Labor, Health & Social Services Committee 9-0, but died on General File in the House (was never brought up for debate).

A NO vote means the legislator opposed amending the Wyoming Constitution to prevent use of workers’ compensation funds for other purposes.