Executive orders.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0207

HOUSE BILL
NO.
HB0078

Executive orders.

Sponsored by:

Representative(s) Wallis and Teeters and Senator(s) Von Flatern

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;
providing
for termination of certain
executive orders;
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 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
state
the constitutional or statutory provision pursuant to which it is issued and the
specific
constitutional or statutory provision which it seeks to implement.

(c)

If an executive order fails to state the constitutional or statutory provision pursuant to which it is issued and the specific constitutional or statutory provision which it seeks to implement, the order shall
cease to be effective on the fifteenth day following the adjournment of the first regular legislative session convened after the order was filed with the secretary of state.

(
d
)

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

(
e
)

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)
and
9
‑
1
‑
303(a)(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.

Section 3.

(a)

Any executive order in effect as of the effective date of this act shall be numbered and filed by the secretary of state in accordance with the provisions of this act. Unless reissued in accordance with the provisions of this act each such executive order shall cease to be effective on the earlier of:

(i)

The date prescribed in the
executive order;

(ii)

Its repeal by a subsequent executive order;

(iii)

T
he fifteenth day following the adjournment of the 2013 general and budget legislative session.

Section
4
.

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)

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HB0078