Executive orders.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0324

HOUSE BILL
NO.
HB0055

Executive orders.

Sponsored by:
Representative(s) Wallis and Senator(s) Case

A BILL

for

AN ACT relating to
administration of government;
providing a process for issuance of executive orders and proclamations of the governor; specifying requirements for executive orders and proclamations;

applying the provisions of the Wyoming Regulatory Takings Act to executive orders and proclamations; declaring previously issued executive orders and proclamations void;
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.

Executive orders
; requirements; effect
.

(a)

Each executive order issued by the governor
shall be
serially numbered for each calendar
year
and shall be effective and expire as provided in this section
.

An
executive order shall be effective only after signature by the governor,
countersignature by and
filing with the secretary of state
. The secretary of state shall
keep a permanent register and file of
executive
orders.

(b)

An executive order shall specify the constitutional or statutory provision pursuant to which it is issued and the constitutional or statutory provision which it seeks to implement. An executive order shall be subject to the provisions of the Wyoming Regulatory Takings Act, and shall not issue
if it is determined by the governor that it may
result in a taking of private property without just compensation or
in
violation of due process. An executive order which is issued and subsequently determined by
a
final nonappealable order of a court of competent jurisdiction to result in a taking of private property without just compensation or violation of due process
shall be void.

(
c
)

An e
xecutive order
shall
prescribe a date after which it shall cease to be effective, which shall be within four (4) years of the
filing of the
order, and if no
such
date is contained in the order, then
the
order shall cease to be effective four (4) years from the
date it was filed with the secretary of state
, unless renewed by subsequent executive order.

The governor may modify or repeal any executive order by issuance of a new executive order.

(
d
)

The procedures set forth in this section shall be sufficient to make an executive order effective.

(e)

Each
executive order issued prior to
the effective date of this act

is void
as of
July
1, 2011, or upon its repeal by a subsequent executive order, whichever is earlier.

(
f
)

As used in this section "executive order" means a
proclamation or
order
e
x
ecu
ted by the
governor
pursuant to constitutional or statutory authority
to
implement any provision of law
;
provided "executive order" does not include:

(i)

A proclamation issued by the governor calling a special session of the legislature;

(ii)

A proclamation issued pursuant to chapter 4 of title 8 of the
Wyoming
statutes;

(iii)

Any proclamation calling for an election or
the
convening of a state convention pursuant to W.S. 22
‑
20
‑
201;

(iv)

A proclamation of the adoption of a constitutional amendment.

Section 2.
W.S.
9
‑
1
‑
302(a)(ii)
, 9
‑
1
‑
303(a)(iii)
and
9
‑
5
‑
302(a)(ii) and (iii)(A) by creating a new subdivision (III)
are

amended to read:

9
‑
1
‑
302.

Powers and duties; custodian of public records; preservation of proclamations of governor; removal of public documents prohibited; exceptions.

(a)

The secretary of state is the custodian of, and shall preserve:

(ii)

All proclamations of the governor proclaiming the effectiveness of constitutional amendments,

executive orders,
corporate revocations and any other proclamation designated as a permanent record by the governor. The secretary of state shall preserve all other proclamations of the governor for one (1) year and then deliver them to the department of state parks and cultural resources for destruction or preservation as it deems desirable;

9
‑
1
‑
303.

Powers and duties; affixing seal to and countersigning commissions and documents; certified copies of acts; file of commissions and appointments.

(a)

The secretary of state shall affix the great seal of the state to, and countersign:

(iii)

Executive orders
and proclamations
of the governor
subject to W.S. 9
‑
1
‑
224
and o
ther instruments when required or authorized by the governor.

9
‑
5
‑
302.

Definitions.

(a)

As used in this act:

(ii)

"Government agency" means the state of
Wyoming
, the office of the governor
and any officer, agency, board, commission, department or similar body of the executive branch of state government;

(iii)

"Governmental action" or "action":

(A)

Means:

(III)

Executive orders
and proclamations
of the governor that if issued and enforced may limit the use of private property.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0055