Elected officials-legal representation.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0123.W2
DRAFT ONLY

DRAFT
ONLY
NOT APPROVED FOR INTRODUCTION

HOUSE BILL
NO.

Elected officials-legal representation.

Sponsored by:
Representative(s
)
Illoway

A BILL

for

AN ACT relating to
administration of government; repealing authority of state elected officials to employ their own legal counsel; making conforming amendments; specifying reversions of funds appropriated for legal counsel positions
;
superseding budget authorizations for positions;
and providing for an effective date.

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

Section 1.

W.S.
9-1-608(
b
) and 21-2-202(a
)(
xix)(H)
are amended to read:

9-1-608.

Assistant
attorneys general.

(
b
)
With the approval of the governor the attorney general may appoint special assistant attorneys general for any purposes. A person shall not be employed as an attorney or legal counsel by any department, board, agency, commission or institution of the state, or represent the state in that capacity, except by the written appointment of the attorney general.
Written appointment of the attorney general shall not be required for the employment of legal counsel by elected state officials.

21-2-202
. Duties
of the state superintendent.

(a) In addition to any other duties assigned by law, the state superintendent shall:

(xix) Serve as the state agency to accept all federal funds for aid to education, except as provided in W.S. 21-2-307 and 21-2-601, and as the agency to administer or supervise the administration of any state plan established or federal funds subject to federal requirements. Each acceptance is restricted in its effect to the specific situation involved. The state superintendent may:

(H) Take any other action as may be necessary to secure the benefits of the federal statute to the schools of this state. Nothing in this paragraph shall be construed as conferring any authority to the state superintendent with respect to the University of Wyoming or the various community colleges of the state
.
; and

Section 2.

W.S.
9-1-307, 9-1-403(c
)(
viii), 9-1-409(d)
and
21-2-202(a)(xix)(J)
are repealed.

Section 3.
No funds appropriated for the 2013-2014
fiscal
biennium, for the employment of legal counsel by
an
elected official
whose authority to employ counsel is repealed by this act
shall be expended and all such funds shall revert
on July 1, 2012
to the account from which they were appropriated. To the extent 2012 House Bill 1 authorizes a legal counsel position within the budget of
the office or department under the control of
any state elected official whose authority to employ counsel is repealed by this act, that authorization is hereby nullified
and the position terminated as of July 1, 2012
. The 2014-2015 standard
biennial
budget
request
s

for
all
such
offices
and departments
shall be reduced to reflect the provisions of this act.

Section 4.
This act is effective July 1, 2012.

(END)

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