Commission on federalism.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0097

HOUSE BILL
NO.

HB0160

Commission on federalism.

Sponsored by:
Representative(s) Halverson, Jaggi, Kroeker, McKim, Miller, Piiparinen and Reeder

A BILL

for

AN ACT relating to
the legislature; establishing the commission on federalism; providing duties and powers; requiring a report; providing an appropriation;
and providing for an effective date.

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

Section 1.
W.S. 28
‑
11
‑
601 through 28
‑
11
‑
603
are
created to read:

ARTICLE 6
COMMISSION ON FEDERALISM

28
‑
11
‑
601.

Commission on federalism created.

(a)

Not later than March 31 following each general election, a
commission on federalism
shall be appointed
comprised of the following seven (7) members
:

(
i
)

The president of the senate
or his designee

who shall serve as
co-chairman
of the commission;

(ii)

The minority floor leader of the senate;

(
iii
)

One (1) member of the senate appointed by the president of the senate;

(iv)

The speaker of the
house of
representatives
or his designee who shall serve as
co-chairman
of the commission;

(v)

The minority floor leader of the
house of representatives
; and

(
vi
)

Two (2) members appointed by the speaker of the house of representatives.

(b)

The commission shall meet six (6) times
each
year unless additional meetings are approved by the management council.

28
‑
11
‑
602.

Commission duties and powers.

(a)

In accordance with W.S. 28
‑
11
‑
603, the commission on federalism may evaluate a federal law as agreed by a majority of the commission.

(b)

The commission may request information on a federal law under evaluation from a United States senator or congressman from Wyoming.

(c)

If the commission finds that a federal law is not authorized by the United States Constitution or violates the principle of federalism as
provided in W.S. 28
‑
11
‑
603, the commission may:

(
i
)

Request additional information from a United States senator or congressman from Wyoming including requesting assistance in communicating with a federal governmental entity regarding the law;

(ii)

Give written notice regarding the outcome of an evaluation under subsection (a) of this section to the federal entity responsible for adopting or administering the federal law;

(iii)

Request a response by a specific date to a notice provided under paragraph (ii) of this subsection;

(iv)

Request a meeting, conducted in person or by electronic means, with the federal government entity, a representative from another state or a United States senator or congressman from Wyoming to discuss the evaluation of the
federal law and any possible remedy; or

(v)

Recommend legislative action to the Wyoming legislature through the introduction of necessary legislation or, if required, recommending to the members of the legislature that a special session of the legislature be
convened
to respond to the commission's evaluation of a federal law.

(d)

The commission may coordinate the evaluation of and response to a federal law with a like
commission
or committee in another state.

(e)

Not later than October 20 of each year, the commission shall submit a report to management council and to the legislature that summarizes:

(
i
)

Action taken by the commission under this section;

(ii)

Any action taken by, or communication
received from, any of the following in response to any action or request from the commission:

(A)

A United States senator or congressman from Wyoming;

(B)

A representative of another state; or

(C)

A federal entity, official or employee.

(f)

The commission shall make the following available on the website of the legislature:

(
i
)

Each federal law evaluated by the commission under subsection (a) of this section;

(ii)

Any action taken by the commission under subsection (c) of this section;

(iii)

Any coordination with other states under subsection (d) of this section; and

(iv)

Any response received from a federal government entity received pursuant to a
request
made under paragraph (c
)(
iii) of this section.

28
‑
11
‑
603.

Commission evaluation of federal laws.

(a)

The commission on federalism shall evaluate whether a federal law evaluated under W.S. 28
‑
11
‑
602(
a) is authorized by:

(
i
)

United States Constitution, Article I, Section 2, to provide for the decennial census;

(ii)

United States Constitution, Article I, Section 4, to override state laws regulating the

times, places and manner of congressional elections, other than the place of senatorial

elections;

(iii)

United States Constitution, Article I, Section 7, to veto bills, orders and resolutions

by Congress;

(iv)

United States
Constitution, Article I, Section 8, to:

(A)

L
ay and collect taxes, duties, imposts and excises, to pay the debts and provide for

the common defense and general welfare of the United States, but all duties, imposts and

excises shall be uniform throughout the United States;

(B)

B
orrow money on the credit of the United States;

(C
)

R
egulate commerce with foreign nations, among the several states, and with the

Indian tribes;

(D)

E
stablish a uniform rule of naturalization and uniform laws on the subject of

bankruptcies throughout the United States;

(E)

C
oin money, regulate the value of coin money and of foreign coin, and fix the

standard of weights and measures;

(F)

P
rovide for the punishment of counterfeiting the securities and current coin of the

United States;

(G)

E
stablish post offices and post roads;

(H)

P
romote the progress of science and useful arts, by securing for limited times to

authors and inventors the exclusive right to their respective writings and discoveries;

(
J
)

C
onstitute tribunals inferior to the
supreme court
;

(
K
)

D
efine and punish piracies and felonies committed on the high seas and offences

against the law of nations;

(M)

D
eclare war, grant letters of marque and reprisal, and make rules concerning

captures on land and water;

(N)

R
aise and support armies, but no appropriation of money to that use shall be for a

longer term than two
(2)
years;

(O)

P
rovide and maintain a navy;

(P)

M
ake rules for the government and regulation of the land and naval forces;

(Q)

P
rovide for calling forth the militia to execute the laws of the
union,
suppress

insurrections
and repel invasions;

(R)

P
rovide for organizing, arming and disciplining the militia, and for governing the
part
of the militia that may be employed in the service of the United States, reserving to the

states respectively, the appointment of the officers and the authority of training the militia

according to the discipline prescribed by
c
ongress;

(S)

E
xercise exclusive legislation in all cases whatsoever, over such district, which may not exceed
ten (
10
)
miles square, as may, by cession of particular states and the acceptance of

c
ongress, become the seat of the government of the United States, and to exercise like

authority over all places purchased by the consent of the legislature of the state in which the

place shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful

buildings; or

(T)

M
ake all laws which shall be necessary and proper for carrying into execution

the powers listed in this section, and all other powers vested by the United States Constitution

in the government of the United States, or in any department
or officer of the United States.

(v)

United States Constitution, Article I, Section 9, to authorize a federal officer to

receive benefits from a foreign nation;

(vi)

United States Constitution, Article I, Section 10, to fix the pay of members of

Congress and of federal officers;

(
vii
)

United States Constitution, Article II, Section 1, to:

(A)

S
et the time for choosing electors; or

(B)

E
stablish who succeeded to the presidency after the vice president
.

(
viii
)

United States Constitution, Article II, Section 2, to:

(A)

S
erve as
c
ommander-in-
c
hief of the armed forces;

(B)

R
equire the written opinions of executive officers;

(C)

G
rant reprieves and pardons;

(D)

M
ake vacancy appointments;

(E)

M
ake treaties, subject to the advice and consent of the United States
s
enate;

(F)

A
ppoint foreign affairs officers subject to the advice and consent of the United

States
s
enate;

(G)

A
ppoint domestic affairs officers subject either to the advice and consent of the

United States
s
enate or pursuant to law;

(H)

A
ppoint judges subject to the advice and consent of the United States
s
enate; or

(J)

A
uthorize the president to fill designated inferior offices without senatorial

consent
.

(
i
x
)

United States Constitution, Article II, Section 3, to:

(A)

R
eceive representatives of foreign powers;

(B)

E
xecute the laws;

(C)

C
ommission United States officers;

(
D)

G
ive
c
ongress information;

(E)

M
ake recommendations to c
ongress;

(F)

C
onvene
c
ongr
ess on extraordinary occasions;

(
G)

A
djourn
c
ongre
ss if it cannot agree on a time.

(x)

United States Constitution, Article III, Section 1, to:

(A)

C
reate exceptions to the
supreme court's
appellate jurisdiction;

(B)

F
ix the jurisdiction of federal courts inferior to the
supreme court
; or

(C)

D
ec
lare the punishment for treason.

(xi)

United States Constitution, Article IV, Section 1, to establish the rules by which the

records and judgments of states are proved in other states;

(
xii
)

United States Constitution, Article IV, Section 3, to:

(A
)

M
anage federal property;

(B)

D
ispose of federal property;

(
C)

G
overn the federal territories; or

(D)

C
onsent to admission of new states or the
combination of existing states.

(xii
i
)

United States Constitution, Article IV, Section 4, to defend states from i
nvasion,
insurrection, and
nonrepublican
forms of government;

(xi
v
)

United States Constitution, Article V, Secti
on 1, to propose constitutional amendments;

(xv)

United States Constitution, Article VI, Section 1, to
prescribe the oath for federal
officers;

(xv
i
)

United States Constitution, Amendment XIII, to abolish slavery;

(xv
i
i
)

United States Constitution, Amendment XIV, to
guard people from certain state
abuses;

(xvi
i
i)

United States Constitution, Amendment XVI, to impose taxes on income from any

source without having to apportion the total dollar amount of tax collected from each state

according to each state's population in relation to the total national popula
tion;

(xi
x
)

United States Constitution, Amendment XX, to revise the manne
r of presidential
succession;

(x
x)

United States Constitution, Amendment XV, XIX
, XXIII or XXIV, to extend and
protect the right to vote; or

(xx
i
)

United States Constitution, Amendment XVII, to grant a pay raise to
a sitting

c
ongress.

(b)

The
commission
shall evaluate whether a federal law

evaluated under W.S. 28
‑
11
‑
602(
a)

violates the

principle of federalism by:

(
i
)

A
ffecting the distribution of power and responsibility among the state and national

government;

(ii)

L
imiting the policymaking discretion of the state;

(iii)

I
mpacting a power or a right reserved to the state or its citizens by the United States

Constitution, Amendment IX or X;
or

(iv)

I
mpacting
the sovereignty rights and interest of the state or a political subdivision to

provide for the health, safety and welfare and promote the prosperity of the state's or political

subdivision's inhabitants.

(c)

In the evaluation of a federal law,
the commission:

(
i
)

S
hall rely on:

(A)

T
he text of the United States Constitution, as amended;

(B)

T
he meaning of the text of the United States Constitution, as amended, at the time

of its drafting and ratification; and

(C)

A
primary source document that is:

(
I
)

D
irectly
relevant to the drafting, adoption, ratification or initial implementation of

the United States Constitution, as amended; or

(
II
)

C
reated by a person directly involved in the drafting, adoption, ratification or

initial implementation of the United
States Constitution, as amended.

(ii)

M
ay rely on other relevant sources, including federal court decisions; and

(iii)

I
s not bound by a holding by a federal court.

Section 2.

(a)

Notwithstanding W.S. 28
‑
11
‑
601(
a) as created by this act, not later than ten (10) days after the effective date of this act, a commission on federalism shall be appointed comprised of the following seven (7) members:

(
i
)

The president of the senate or his designee who shall serve as co-chairman of the commission;

(ii)

The minority floor leader of the senate;

(
iii
)

One (1) member of the senate appointed by the president of the senate;

(iv)

The speaker of the
house of representatives
or his designee who shall serve as co-chairman of the commission;

(v)

The minority floor leader of the
house of representatives
; and

(
vi
)

Two (2) members appointed by the speaker of the house of representatives.

Section
3
.

There is appropriated
sixty
thousand dollars ($
6
0,000
.00) from the general fund to the legislative service office
. This appropriation shall only be expended to provide salary, travel and per diem to members of the commission on federalism for meetings held from the effective date of this act through June 30, 2016. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2016.

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)

1
HB0160