SF0027 • 2010

Government competition.

AN ACT relating to administration of government; providing a process for lodging concerns with and for review of competition by government entities with the private sector; requiring a report to the legislature; providing a sunset date; and providing for an effective date.

Vetoed

The latest official action shows the governor vetoed this bill. Check the bill history to see whether lawmakers later overrode that veto.

Sponsor: Senator Case
Last action: 2010-03-10
Official status: enrolled
Effective date: Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

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

SF0027HS001

Standing Committee • H09

Adopted

Plain English: Adopted Standing Committee by H09

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0027SS001

Standing Committee • CASE

Adopted

Plain English: Adopted Standing Committee by CASE

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2010-03-10 Governor
Governor Vetoed SEA0029
2010-03-04 House
H Speaker Signed SEA No. 0029
2010-03-04 Senate
S President Signed SEA No. 0029
2010-03-03 Senate
S Did Concur
2010-03-03 Senate
S Received for Concurrence
2010-03-03 LSO
Assigned Number SEA0029
2010-03-02 House
H Passed 3rd Reading
2010-03-01 House
H Passed 2nd Reading
2010-02-26 House
H Passed CoW
2010-02-26 House
H Amendments Adopted
2010-02-26 House
Amendment Adopted
2010-02-24 House
H Placed on General File
2010-02-24 House
H09 Recommended Amend and Do Pass
2010-02-22 House
H Introduced and Referred to H09
2010-02-22 House
H Received for Introduction
2010-02-19 Senate
S Passed 3rd Reading
2010-02-18 Senate
S Passed 2nd Reading
2010-02-17 Senate
S Passed CoW
2010-02-17 Senate
S Amendments Adopted
2010-02-17 Senate
Amendment Adopted
2010-02-16 Senate
S Placed on General File
2010-02-16 Senate
S07 Recommended Amend and Do Pass
2010-02-09 Senate
S Introduced and Referred to S07
2010-02-08 Senate
S Received for Introduction
2010-01-13 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0027
Drafter:

DKG

LSO No.:
10LSO-0011
Effective Date:

VETOED

Enrolled Act No.:
SEA0029

Chapter No.:

Prime Sponsor:
Senator
Case

Catch Title:
Government
competition.

Subject:
Establishment
of a process to allow Wyoming citizens to lodge concerns with government
unfairly competing with the private sector.

Summary/Major Elements:

This act requires the
governor's office to establish a process to allow Wyoming citizens to lodge
concerns regarding local and state government unfairly competing with the
private sector.

The process must include at
least a link in the official state website summarizing the bill, allowing
citizens to lodge their concerns, and a means for citizens to access summary
data regarding concerns lodged.

The governor's office must
review each concern lodged and each agency or government entity subject of the
concern must cooperate with the governor's office in that review.

No hearing or appeal under
the Wyoming administrative procedure act is authorized for any action or
omission taken under the act.

The governor's office is to
report by July 1 of each year, to the legislature regarding the concerns
lodged, and for state agencies whether the activity involved is one which has
been identified as subject to being provided more effectively by the private
sector.

Comments:

Popular
name Government competition or unfair competition.

Report
Required Annual reports as noted above.

Creates/amends
major program creates a new program.

Contains
delayed effective/repeal date sunset date of July 2, 2012.

THIS BILL WAS VETOED
.
In his veto message the Governor noted, while addressing the issue is a
laudable goal, he did not believe it was necessary to create a new law for this
limited purpose. He also stated that the task would cost money, but there was
no current appropriation. He noted that if there is a problem constituents
would let government know and he trusted that the state and local governments
would either deal with the issue fairly or face the consequences of their
disregard.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0027

ENROLLED ACT NO. 29, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to administration of government; providing a process for lodging concerns with and for review of competition by government entities with the private sector; requiring a report to the legislature; providing a sunset date; and providing for an effective date.

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

Section 1.
W.S. 9
‑
1
‑
224 is created to read:

9
‑
1
‑
224.

Unfair competition; lodging of concerns; review; report.

(a)

The governor
'
s office shall establish a process to allow
Wyoming
citizens to lodge concerns relating to
Wyoming
state or local government entities unfairly competing with the private sector in providing commercial activities.
The process shall be in operation before July 1, 2010.
At a minimum the process shall include:

(i)

A link entitled
"
government competition concerns
"
accessible from the main page of the official state website which includes a summary of this act and a means for a citizen to
access summary data and
lodge a concern with government
al
competition including:

(A)

The entity involved;

(B)

The activity involved;

(C)

Whether the concern is a result of a specific instance or ongoing activity;

(D)

The effect of the competition on the citizen
'
s commercial activity, if applicable;

(E)

A means to contact the citizen for further information, if necessary.

(ii)

A review by the governor
'
s office of each concern lodged. A state or local government entity shall provide information
reasonably related to the complaint and
requested by the governor
'
s office to conduct inquiries as necessary to determine the cause for the concern.
The state or local government entity may submit any other information it deems appropriate related to a review under this paragraph.

(b)

No hearing or appeal shall be permitted under the Wyoming Administrative Procedure Act for any omission or any action taken under this act.

(c)

Beginning July 1, 2010, t
he governor
'
s office shall
annually
report to the legislature not later than
July 1
. The report
s
shall include:

(i)

The number of concerns with unfair competition received;

(ii)

For each government entity subject to a lodged concern, the number of concerns lodged and number of citizens lodging concerns;

(iii)

For each state entity
which is the
subject of a concern, a summary of whether the program, function or activity complained of was identified in the entity
'
s strategic plan as one which could be implemented more effectively by another level of government or by a private entity as required by W.S. 28-1-115(a)(ii)(D)(I), if applicable;

(iv)

Any recommended legislation to restrict a state government entity
'
s authorized powers and duties or a local government
'
s authority to provide the program, function or activity subject of a concern.

(d)

As used in this section:

(i)

"Commercial
activity
"
means performing services or providing goods within a state or local government entity or to other state or local government entities or the general public which can normally be obtained from private enterprise
;

(ii)

"
Local government entity
"
means any county, municipality, joint powers board or special district of Wyoming;

(iii)

"
Private enterprise
"
means an individual or any legal entity engaged in the manufacturing, processing, sale
,
offering for sale, rental, leasing, delivery, dispensing, distributing or advertising of goods or services for profit;

(iv)

"
Special district
"
means any special district specified under W.S. 22-29-103(a) and any other district authorized to be formed as a political subdivision under the laws of this state;

(v)

"
State government entity
"
means the state of Wyoming or any of its branches, agencies, authorities, departments, boards, commissions, councils, instrumentalities, offices, separate operating agencies or units, or institutions, including the
U
niversity of Wyoming.

(e)

This section is repealed
effective

July 2, 2012
.

Section 2.
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 Senate.

Chief Clerk

1