Attorney general-removal process.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0292

HOUSE BILL

NO.

HB0133

Attorney general-removal process.

Sponsored by:
Representative(s) Gay, Davison, McKim and Watt and Senator(s) Meier

A BILL

for

AN ACT relating to
administration of the government; specifying the process for removal of the attorney general;
and providing for an effective date.

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

Section 1.

W.S. 9
‑
1
‑
202(
a) and 9
‑
1
‑
601
(a) and by creating a new subsection (d)
are amended to read:

9
‑
1
‑
202.

Removal of appointive officers and commissioners; reason for removal to be filed.

(a)

Notwithstanding any other provision of law and except as otherwise provided in this section, any person may be removed by the governor, at the governor's
pleasure
, if appointed by the governor to serve as head of a state
agency, department or division, or as a member of a state board or commission. The governor may only remove a member of the Wyoming business council as provided in W.S. 9
‑
12
‑
103

and may only remove the attorney general as provided in W.S. 9
‑
1
‑
601
.

9
‑
1
‑
601.

Appointment; term; removal; special assistant for legislative affairs; qualifications.

(a)

The attorney general of the state of Wyoming shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103 and may be removed
:

by the governor as provided in W.S. 9
‑
1
‑
202.

(
i
)

By the governor with the advice and consent of the senate; or

(i
i
)

By the governor for malfeasance, misfeasance or nonfeasance in office
, provided that the attorney general issuing or not issuing an opinion contrary to the direction of the governor on an issue where reasonable minds might disagree shall not be considered
malfeasance, misfeasance or nonfeasance under this
paragraph
.

(d)

To remove the attorney general under paragraph (a)(
i
) of this section, the governor shall submit the recommendation for removal in the same manner as provided in W.S. 28
‑
12
‑
101(a) for appointments, and the senate shall consider the removal in the same manner as it considers appointments under W.S. 28
‑
12
‑
102(a) and (b).

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)

1
HB0133