2022 22LSO-0417
STATE OF WYOMING
SENATE FILE NO. SF0107
Attorney general-elected official.
Sponsored by: Senator(s) Bouchard
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 a provision for interim appointment; providing
7 for the application of the Ethics and Disclosure Act to the
8 office of the attorney general; amending certain provisions
9 regarding actions the attorney general takes requiring
10 approval of or pursuant to the direction of the governor;
11 prescribing additional duties of the attorney general;
12 providing for the governor to utilize the federal natural
13 resource policy account in response to federal policy;
14 making conforming amendments; and providing for effective
15 dates.
16
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1 Be It Enacted by the Legislature of the State of Wyoming:
2
3 Section 1. W.S. 9-1-601, 9-5-101(a),
4 22-2-105(a)(ii)(intro) and 22-6-117(a)(iv) are amended to
5 read:
6
7 9-1-601. Appointment; term; removal; special
8 assistant for legislative affairs; qualifications.
9
10 (a) Until the term of office commences following the
11 general election in 2022, the attorney general of the state
12 of Wyoming shall be appointed by the governor with the
13 advice and consent of the senate in accordance with W.S.
14 28-12-101 through 28-12-103 and may be removed by the
15 governor as provided in W.S. 9-1-202. Beginning at the
16 general election in 2022, the attorney general shall be
17 elected in a statewide election for a term of four (4)
18 years.
19
20 (b) Before the general election in 2022, if a newly
21 elected governor appoints an attorney general to take
22 office prior to or during the legislative session next
23 following the governor's election, the newly appointed
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1 attorney general designee shall become a member of the
2 attorney general's staff to serve as a special assistant to
3 the governor for legislative affairs. When the legislative
4 session adjourns the attorney general's term of office
5 shall terminate. Following the general election in 2022,
6 the term of an attorney general appointed under this
7 section shall terminate the first Monday in January next
8 following the general election.
9
10 (c) Prior to his To be eligible for appointment or
11 election, the attorney general shall have been a practicing
12 attorney for at least four (4) years,. At the date of
13 appointment, he shall be in good standing in the courts of
14 record of this state and shall be a resident and elector of
15 the state.
16
17 9-5-101. State building commission; composition;
18 general powers and duties; conflicts of interest.
19
20 (a) The five (5) elected state officers governor,
21 secretary of state, state auditor, state treasurer and
22 state superintendent of public instruction shall constitute
23 the state building commission. The governor shall be
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1 chairman of the commission, but in his absence from any
2 meeting, one (1) of the members may act as chairman, and
3 shall preside at the meeting. All votes taken to decide the
4 commission's final action on any matter shall be recorded.
5
6 22-2-105. Terms of office and offices voted on at
7 general elections.
8
9 (a) The terms of office and offices voted on at
10 general elections are as follows:
11
12 (ii) Four Year Term. - At the general election
13 in 1974 and in every fourth (4th) year thereafter, there
14 shall be elected the following officers: one (1) governor,
15 one (1) secretary of state, one (1) state treasurer, one
16 (1) state auditor, one (1) superintendent of public
17 instruction, county clerks, county treasurers, county
18 assessors, county coroners, county and prosecuting
19 attorneys, district attorneys, sheriffs, clerks of the
20 district court. At every general election there shall be
21 elected the necessary member or members of the Wyoming
22 senate and county commissioners. At the general election in
23 2022 and every fourth year thereafter, there shall be
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1 elected an attorney general. The question of retention of a
2 circuit court judge or a magistrate of the circuit court
3 shall be submitted:
4
5 22-6-117. Order of listing offices in partisan
6 elections.
7
8 (a) The major party primary and general partisan
9 election ballots shall contain the offices to be voted on
10 in the following order:
11
12 (iv) Candidates for governor, secretary of
13 state, state auditor, state treasurer, and superintendent
14 of public instruction and the attorney general beginning at
15 the 2022 primary and general election;
16
17 Section 2. W.S. 1-26-509(k), 1-31-103, 1-35-103(a),
18 1-35-104, 7-3-102, 7-22-101(a)(vi), 7-22-102(a), (b),
19 (c)(intro) and (d), 7-22-108(a), 8-1-102(a)(xii),
20 8-2-101(a)(vi), 9-1-101(b), 9-1-211(a) by creating a new
21 paragraph (vii) and by renumbering (vii) as (viii) and
22 (viii) as (ix), 9-1-602, 9-1-603(a)(v), (b) and (c),
23 9-1-604, 9-1-605(b) through (d), 9-1-608(a) and (b),
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1 9-1-611(c), 9-1-618(b)(i), 9-1-633(a) and (b)(intro),
2 9-1-636(b) and (c)(intro), 9-2-3204(h)(i), 9-3-101(a) by
3 creating a new paragraph (viii), 9-4-218(a)(intro) and
4 (iii), 9-13-102(a)(xii)(A) and (xvi), 9-13-108(a)(intro),
5 9-14-101, 9-14-102(c), 18-3-902(a), 22-18-111(a)(intro),
6 28-1-115(g)(ii), 28-12-102(c) and by creating a new
7 subsection (d), 35-7-1004, 35-11-1507(a) and 35-21-110(a)
8 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 and county
11 attorneys may commence an action when requested by the
12 governor, supreme court or legislature.
13
14 1-35-103. Violation of state contracts to be reported
15 to attorney general; investigation; action to recover
16 damages; employment of special assistants.
17
18 (a) Any officer, board or commission of the state of
19 Wyoming, or their legal counsel, responsible for the
20 enforcement of any contract between the state of Wyoming
21 and any person, having reason to believe that there has
22 been a violation of the terms of the contract to the damage
23 of the state of Wyoming, shall report the matter to the
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1 attorney general of the state of Wyoming. The attorney
2 general shall make such investigation of the matter as is
3 necessary. Upon completion of the investigation and finding
4 of probable damages to the state of Wyoming, the attorney
5 general may bring suit in any court of competent
6 jurisdiction to recover all damages that the state of
7 Wyoming may have incurred by reason of the breach of
8 contract, or for any money or other property that may be
9 due on the contract. Subject to the governor's approval he
10 The attorney general may employ specially qualified
11 assistants or counsel to aid in any investigation of such
12 action.
13
14 1-35-104. Actions under control of attorney general;
15 settlement or compromise with approval of governor.
16
17 The attorney general shall control all investigations and
18 actions instituted and conducted in behalf of the state as
19 provided in W.S. 1-35-103 and has full discretionary powers
20 to prosecute all investigations and litigation and, with
21 the approval of the governor, to settle, compromise or
22 dismiss the actions.
23
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1 7-3-102. Appointment of attorney general to represent
2 state on joint commissions.
3
4 The governor shall appoint the attorney general is hereby
5 appointed as the commissioner who shall represent Wyoming
6 upon any joint commission created by Wyoming and any one
7 (1) or more states for the purpose of negotiating and
8 entering into agreements or compacts for cooperative effort
9 and mutual assistance in the prevention of crime and in the
10 enforcement of the respective criminal laws and policies of
11 Wyoming and any other state and for the establishment of
12 agencies deemed desirable for making effective any
13 agreement or compact.
14
15 7-22-101. Definitions.
16
17 (a) As used in this article:
18
19 (vi) "Five (5) Six (6) state elected officials"
20 means the governor, secretary of state, state auditor,
21 state treasurer, and superintendent of public instruction
22 and attorney general;
23
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1 7-22-102. Authority to contract; general conditions.
2
3 (a) The state or a local government may contract with
4 private entities for the construction, lease (as lessor or
5 lessee), acquisition, improvement, operation, maintenance,
6 purchase or management of facilities and services as
7 provided in this article, but only after receiving the
8 consent of the five (5) six (6) state elected officials as
9 to site, number of beds and classifications of inmates or
10 prisoners to be housed in the facility.
11
12 (b) No contract shall be entered into or renewed
13 unless the contracting governmental entity, with the
14 concurrence of the five (5) six (6) state elected
15 officials, determines the contract offers substantial cost
16 savings to the contracting governmental entity and at least
17 the same quality of services provided by the state or by
18 similar local governments.
19
20 (c) After receiving the majority consent of the five
21 (5) six (6) state elected officials as to the site, number
22 of beds and classifications of inmates or prisoners to be
23 housed in the facility, the state or the local government
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1 may contract with private entities for the construction,
2 lease (as lessor or lessee), acquisition, improvement,
3 operation, maintenance, purchase or management of
4 facilities, either:
5
6 (d) The state or the local government may reject or
7 return prisoners from outside the state. Prisoners or
8 inmates of out-of-state, nonfederal jurisdictions shall not
9 be incarcerated in any facility operated by a local
10 government entity under this article without the consent of
11 the majority of the five (5) six (6) state elected
12 officials. of this state. At no time shall the number of
13 prisoners from out-of-state, nonfederal jurisdictions
14 incarcerated in a facility operated by a local government
15 entity under this article exceed thirty percent (30%) of
16 the capacity of that facility. Any out-of-state, nonfederal
17 prisoner shall be returned to the jurisdiction of origin to
18 be released from custody by them, outside the state of
19 Wyoming at the appropriate time.
20
21 7-22-108. Monitoring; right of access.
22
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1 (a) The contracting governmental entity at the
2 contractor's expense, shall employ an individual to be
3 responsible for monitoring all aspects of the private
4 contractor's performance under a contract for the operation
5 of a facility pursuant to W.S. 7-22-102. The individual
6 employed as contract monitor shall be qualified to perform
7 this function by reason of education, training and
8 experience as determined by the five (5) six (6) state
9 elected officials. At a minimum, the contract monitor shall
10 have completed at least the same training required by this
11 article for detention officers and shall have served a
12 minimum of three (3) years as a detention officer. The
13 monitor, with the approval of the contracting governmental
14 entity, shall appoint staff as necessary to assist in
15 monitoring at the facility, which staff shall be at the
16 contractor's expense and will be solely responsible to the
17 contract monitor. The monitor or his designee shall be
18 provided an on-site work area by the contractor, shall be
19 on-site on a daily basis, and shall have access to all
20 areas of the facility and to inmates and staff at all
21 times. The contractor shall provide any and all data,
22 reports and other materials that the monitor determines are
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1 necessary to carry out monitoring responsibilities under
2 this section.
3
4 8-1-102. Definitions.
5
6 (a) As used in the statutes unless the legislature
7 clearly specifies a different meaning or interpretation or
8 the context clearly requires a different meaning:
9
10 (xii) "Elected state official" means the
11 governor, secretary of state, state auditor, state
12 treasurer, and superintendent of public instruction and
13 attorney general;
14
15 8-2-101. Distribution of statutes, supplements and
16 session laws.
17
18 (a) Statutes, supplements and session laws shall be
19 distributed as provided by contract with the publisher or
20 as directed by the management council, to the following,
21 without charge:
22
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1 (vi) One (1) copy to each of the five (5) six
2 (6) elected state officers;
3
4 9-1-101. Location of seat