2021 21LSO-0359
STATE OF WYOMING
SENATE FILE NO. SF0086
Attorney general-elected official.
Sponsored by: Senator(s) Bouchard, Biteman, French,
Hutchings, James, McKeown and Salazar and Representative(s) Baker, Bear, Fortner,
Gray, Jennings, Laursen, Styvar and Wharff
A BILL
for
1 AN ACT relating to the attorney general; providing for the
2 election of the attorney general; designating the attorney
3 general as a state elected official; setting the attorney
4 general's term of office; setting the attorney general's
5 salary; providing for filling a vacancy in the position;
6 repealing and modifying provisions for interim appointment;
7 providing for the application of the Ethics and Disclosure
8 Act and other laws to the office of the attorney general
9 and attorney general as a state elected official; amending
10 certain provisions regarding actions the attorney general
11 takes requiring approval of or pursuant to the direction of
12 the governor; prescribing additional duties of the attorney
13 general; making conforming amendments; and providing for
14 effective dates.
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2 Be It Enacted by the Legislature of the State of Wyoming:
3
4 Section 1. W.S. 9-1-601, 9-5-101(a),
5 22-2-105(a)(ii)(intro) and 22-6-117(a)(iv) are amended to
6 read:
7
8 9-1-601. Appointment; term; removal; special
9 assistant for legislative affairs; qualifications.
10
11 (a) Until the term of office commences following the
12 general election in 2022, the attorney general of the state
13 of Wyoming shall be appointed by the governor with the
14 advice and consent of the senate in accordance with W.S.
15 28-12-101 through 28-12-103 and may be removed by the
16 governor as provided in W.S. 9-1-202. Beginning at the
17 general election in 2022, the attorney general shall be
18 elected in a statewide election for a term of four (4)
19 years.
20
21 (b) Prior to the general election in 2022, if a newly
22 elected governor appoints an attorney general to take
23 office prior to or during the legislative session next
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1 following the governor's election, the newly appointed
2 attorney general designee shall become a member of the
3 attorney general's staff to serve as a special assistant to
4 the governor for legislative affairs. When the legislative
5 session adjourns the attorney general's term of office
6 shall terminate. Following the general election in 2022,
7 the term of an attorney general appointed under this
8 section shall terminate the first Monday in January next
9 following the general election.
10
11 (c) Prior to his To be eligible for appointment or
12 election, the attorney general shall have been a practicing
13 attorney for at least four (4) years,. At the date of
14 appointment, he shall be in good standing in the courts of
15 record of this state and shall be a resident and elector of
16 the state.
17
18 9-5-101. State building commission; composition;
19 general powers and duties; conflicts of interest.
20
21 (a) The five (5) elected state officers governor,
22 secretary of state, state auditor, state treasurer and
23 state superintendent of public instruction shall constitute
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1 the state building commission. The governor shall be
2 chairman of the commission, but in his absence from any
3 meeting, one (1) of the members may act as chairman, and
4 shall preside at the meeting. All votes taken to decide the
5 commission's final action on any matter shall be recorded.
6
7 22-2-105. Terms of office and offices voted on at
8 general elections.
9
10 (a) The terms of office and offices voted on at
11 general elections are as follows:
12
13 (ii) Four Year Term. - At the general election
14 in 1974 and in every fourth (4th) year thereafter, there
15 shall be elected the following officers: one (1) governor,
16 one (1) secretary of state, one (1) state treasurer, one
17 (1) state auditor, one (1) superintendent of public
18 instruction, county clerks, county treasurers, county
19 assessors, county coroners, county and prosecuting
20 attorneys, district attorneys, sheriffs, clerks of the
21 district court. At every general election there shall be
22 elected the necessary member or members of the Wyoming
23 senate and county commissioners. At the general election in
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1 2022 and every fourth year thereafter, there shall be
2 elected an attorney general. The question of retention of a
3 circuit court judge or a magistrate of the circuit court
4 shall be submitted:
5
6 22-6-117. Order of listing offices in partisan
7 elections.
8
9 (a) The major party primary and general partisan
10 election ballots shall contain the offices to be voted on
11 in the following order:
12
13 (iv) Candidates for governor, secretary of
14 state, state auditor, state treasurer, the attorney general
15 beginning at the 2022 primary and general election, and
16 superintendent of public instruction;
17
18 Section 2. W.S. 1-26-509(k), 1-31-103, 1-35-103(a),
19 1-35-104, 7-3-102, 7-22-101(a)(vi), 7-22-102(a), (b),
20 (c)(intro) and (d), 7-22-108(a), 8-1-102(a)(xii),
21 8-2-101(a)(vi), 9-1-101(b), 9-1-211(a) by creating a new
22 paragraph (vi) and by renumbering (vi) through (viii) as
23 (vii) through (ix), 9-1-602, 9-1-603(b) and (c), 9-1-604,
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1 9-1-605(b) through (d), 9-1-608(a) and (b), 9-1-611(c),
2 9-1-633(a) and (b)(intro), 9-1-636(b) and (c)(intro),
3 9-2-1016(h)(i), 9-3-101(a) by creating a new paragraph
4 (viii), 9-4-218(a)(iii), 9-13-102(a)(xii)(A) and (xvi),
5 9-13-108(a)(intro), 9-14-101, 9-14-102(c), 18-3-902(a),
6 22-18-111(a)(intro), 28-1-115(g)(ii), 28-12-102(c) and by
7 creating a new subsection (d), 35-7-1004, 35-11-1507(a) and
8 35-21-110(a) are amended to read:
9
10 1-26-509. Negotiations; scope of efforts to purchase.
11
12 (k) Attorney's fees and other expenses awarded under
13 this section from a public entity to a condemnee shall be
14 reported by the public entity which paid the fees, to the
15 Wyoming attorney general within sixty (60) days of the
16 award. The Wyoming attorney general shall collect this data
17 and report annually to the governor joint revenue interim
18 committee and joint judiciary interim committee on the
19 amount of all taxpayer funded fee awards, beginning July
20 31, 2014. The report shall identify the name of each party
21 to whom an award was made, the name of each counsel of
22 record representing each party to whom an award was made,
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1 the public agency which paid each award and the total
2 amount of each award.
3
4 1-31-103. Commencement of action.
5
6 The attorney general or a county attorney shall may
7 commence an action when directed by the governor, supreme
8 court or legislature, or when upon complaint or otherwise
9 he has good reason to believe that such an action can be
10 established by proof. The attorney general may commence an
11 action when requested by the governor, supreme court or
12 legislature. A county attorney shall commence an action
13 when directed by the governor, supreme court or
14 legislature.
15
16 1-35-103. Violation of state contracts to be reported
17 to attorney general; investigation; action to recover
18 damages; employment of special assistants.
19
20 (a) Any officer, board or commission of the state of
21 Wyoming, or their legal counsel, responsible for the
22 enforcement of any contract between the state of Wyoming
23 and any person, having reason to believe that there has
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1 been a violation of the terms of the contract to the damage
2 of the state of Wyoming, shall report the matter to the
3 attorney general of the state of Wyoming. The attorney
4 general shall make such investigation of the matter as is
5 necessary. Upon completion of the investigation and finding
6 of probable damages to the state of Wyoming, the attorney
7 general may bring suit in any court of competent
8 jurisdiction to recover all damages that the state of
9 Wyoming may have incurred by reason of the breach of
10 contract, or for any money or other property that may be
11 due on the contract. Subject to the governor's approval he
12 The attorney general may employ specially qualified
13 assistants or counsel to aid in any investigation of such
14 action.
15
16 1-35-104. Actions under control of attorney general;
17 settlement or compromise with approval of governor.
18
19 The attorney general shall control all investigations and
20 actions instituted and conducted in on behalf of the state
21 as provided in W.S. 1-35-103 and has full discretionary
22 powers to prosecute all investigations and litigation and,
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1 with the approval of the governor, to settle, compromise or
2 dismiss the actions.
3
4 7-3-102. Appointment of attorney general to represent
5 state on joint commissions.
6
7 The governor shall appoint the attorney general is hereby
8 appointed as the commissioner who shall represent Wyoming
9 upon any joint commission created by Wyoming and any one
10 (1) or more states for the purpose of negotiating and
11 entering into agreements or compacts for cooperative effort
12 and mutual assistance in the prevention of crime and in the
13 enforcement of the respective criminal laws and policies of
14 Wyoming and any other state and for the establishment of
15 agencies deemed desirable for making effective any
16 agreement or compact.
17
18 7-22-101. Definitions.
19
20 (a) As used in this article:
21
22 (vi) "Five (5) Six (6) state elected officials"
23 means the governor, secretary of state, state auditor,
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1 state treasurer, attorney general and superintendent of
2 public instruction;
3
4 7-22-102. Authority to contract; general conditions.
5
6 (a) The state or a local government may contract with
7 private entities for the construction, lease (as lessor or
8 lessee), acquisition, improvement, operation, maintenance,
9 purchase or management of facilities and services as
10 provided in this article, but only after receiving the
11 consent of the five (5) six (6) state elected officials as
12 to site, number of beds and classifications of inmates or
13 prisoners to be housed in the facility.
14
15 (b) No contract shall be entered into or renewed
16 unless the contracting governmental entity, with the
17 concurrence of the five (5) six (6) state elected
18 officials, determines the contract offers substantial cost
19 savings to the contracting governmental entity and at least
20 the same quality of services provided by the state or by
21 similar local governments.
22
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1 (c) After receiving the majority consent of the five
2 (5) six (6) state elected officials as to the site, number
3 of beds and classifications of inmates or prisoners to be
4 housed in the facility, the state or the local government
5 may contract with private entities for the construction,
6 lease (as lessor or lessee), acquisition, improvement,
7 operation, maintenance, purchase or management of
8 facilities, either:
9
10 (d) The state or the local government may reject or
11 return prisoners from outside the state. Prisoners or
12 inmates of out-of-state, nonfederal jurisdictions shall not
13 be incarcerated in any facility operated by a local
14 government entity under this article without the consent of
15 the majority of the five (5) six (6) state elected
16 officials. of this state. At no time shall the number of
17 prisoners from out-of-state, nonfederal jurisdictions
18 incarcerated in a facility operated by a local government
19 entity under this article exceed thirty percent (30%) of
20 the capacity of that facility. Any out-of-state, nonfederal
21 prisoner shall be returned to the jurisdiction of origin to
22 be released from custody by them, outside the state of
23 Wyoming at the appropriate time.
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2 7-22-108. Monitoring; right of access.
3
4 (a) The contracting governmental entity at the
5 contractor's expense, shall employ an individual to be
6 responsible for monitoring all aspects of the private
7 contractor's performance under a contract for the operation
8 of a facility pursuant to W.S. 7-22-102. The individual
9 employed as contract monitor shall be qualified to perform
10 this function by reason of education, training and
11 experience as determined by the five (5) six (6) state
12 elected officials. At a minimum, the contract monitor shall
13 have completed at least the same training required by this
14 article for detention officers and shall have served a
15 minimum of three (3) years as a detention officer. The
16 monitor, with the approval of the contracting governmental
17 entity, shall appoint staff as necessary to assist in
18 monitoring at the facility, which staff shall be at the
19 contractor's expense and will be solely responsible to the
20 contract monitor. The monitor or his designee shall be
21 provided an on-site work area by the contractor, shall be
22 on-site on a daily basis, and shall have access to all
23 areas of the facility and to inmates and staff at all
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1 times. The contractor shall provide any and all data,
2 reports and other materials that the monitor determines are
3 necessary to carry out monitoring responsibilities under
4 this section.
5
6 8-1-102. Definitions.
7
8 (a) As used in the statutes unless the legislature
9 clearly specifies a different meaning or interpretation or
10 the context clearly requires a different meaning:
11
12 (xii) "Elected state official" means the
13 governor, secretary of state, state auditor, state
14 treasurer, attorney general and superintendent of public
15 instruction;
16
17 8-2-101. Distribution of statutes, supplements and
18 session laws.
19
20 (a) Statutes, supplements and session laws shall be
21 distributed as provided by contract with the publisher or
22 as directed by the management council, to the following,
23 without charge:
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1
2 (v