Attorney general-elected official.

2018
STATE OF WYOMING
18LSO-0256
Numbered
1.2

SENATE FILE

NO.
SF0076

Attorney general-elected official.

Sponsored by:
Senator(s) Bouchard and Moniz and Representative(s) Biteman and Salazar

A BILL

for

AN ACT relating to the attorney general; providing for the election of the attorney general; designating the attorney general as a state elected official; setting the attorney general's term at four (4) years; providing for filling a vacancy in the position; repealing provision for interim appointment; providing for the application of the Ethics and Disclosure Act to the office of the attorney general; amending certain provisions regarding actions the attorney general takes requiring approval of or pursuant to the direction of the governor; prescribing additional duties of the attorney general; making conforming amendments; and providing for effective dates.

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

Section 1
.

W.S. 9
‑
1
‑
601(a) and (c), 9
‑
1
‑
602, 9
‑
1
‑
604, 9
‑
13
‑
102(a)(xii)(
A), 22
‑
2
‑
105(a)(ii)(intro) and
22
‑
6
‑
117
(a)(iv) are amended to read:

9
‑
1
‑
601
.

Appointment
or election
; term; removal; qualifications.

(a)

Until the term of office commences
following
the general election in 2018, t
he 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.

Beginning at the general election in 2018, the attorney general shall be elected in a statewide election for a term of four (4) years.

(c)

Prior to his
To be eligible for

appointment

or election
, the attorney general shall have been a practicing attorney for at least four (4) years
,
. At the date of
appointment, he
shall be in good standing in the courts of record of this state and shall be a resident and elector of the state.

9
‑
1
‑
602
.

Vacancy in office.

In case of a vacancy in the office of attorney general

appointed under W.S. 9
‑
1
‑
601(a),
the governor shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28
‑
12
‑
101(b).

A vacancy in the office of an elected attorney general shall be filled as provided by W.S. 22
‑
18
‑
111. An appointment to fill a vacancy shall be subject to senate confirmation. If the senate fails to confirm the person appointed to fill the vacancy of an elected attorney general, the procedure specified in W.S. 22
‑
18
‑
111 shall be repeated and the governor shall appoint another qualified person to fill the vacancy in accordance with the provisions of W.S. 28
‑
12
‑
101(b).

9
‑
1
‑
604
.

Office in state capit
a
l; private practice prohibited; exception.

The attorney general shall keep an office in the state capital, shall not open an office elsewhere and shall not engage in any private practice except to consummate business pending at the time of his appointment

or election
if not in conflict with the duties of his office.

9
‑
13
‑
102
.

Definitions.

(a)

As used in this article:

(xii)

"Public employee" means any of the following state employees:

(A)

The attorney general
until the 2018 general election

and the director of any department of the executive branch appointed by the governor under W.S. 9
‑
2
‑
1706, or the director of any legislative agency;

22
‑
2
‑
105
.

Terms of office and offices voted on at general elections.

(a)

The terms of office and offices voted on at general elections are as follows:

(ii)

Four Year Term.
‑
At the general election in 1974 and in every fourth
(4th)
year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners.
At the general election in 2018 and every fourth year thereafter, there shall be elected
an
attorney general.

The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:

22
‑
6
‑
117
.

Order of listing offices in partisan elections.

(a)

The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:

(iv)

Candidates for governor, secretary of state, state auditor, state treasurer,
attorney general

and superintendent of public instruction;

Section 2.

W.S. 1
‑
31
‑
103, 1
‑
35
‑
103(a), 1
‑
35
‑
104, 7
‑
22
‑
101(a)(vi), 7
‑
22
‑
102(a), (b), (c)(intro) and (d), 7
‑
22
‑
108(a), 8
‑
1
‑
102(a)(xii), 8
‑
2
‑
101(a)(vi), 9
‑
1
‑
101(b), 9
‑
1
‑
603(b) and (c), 9
‑
1
‑
605(b) through (d), 9
‑
1
‑
608(a) and (b), 9
‑
1
‑
611(c), 9
‑
1
‑
633(a) and (b)(intro), 9
‑
1
‑
636(b) and (c)(intro), 9
‑
2
‑
1016(h)(i), 9
‑
4
‑
218(a)(iii), 9
‑
5
‑
101(a), 9
‑
5
‑
109(m)(iii), 9
‑
13
‑
102(a)(xvi), 9
‑
13
‑
108(a)(intro), 9
‑
14
‑
101, 9
‑
14
‑
102(c), 18
‑
3
‑
902(a), 28
‑
1
‑
115(f)(ii), 28
‑
12
‑
103, 35
‑
7
‑
1004 and 35
‑
11
‑
1507(a) are amended to read:

1
‑
31
‑
103
.

Commencement of action.

The attorney general or a county attorney
shall
may
commence an action
when directed by the governor, supreme
court or legislature, or
when upon complaint or otherwise he has good reason to believe that such an action can be established by proof.

A county attorney shall, and the attorney general may, commence an action when directed by the governor, supreme court or legislature.

1
‑
35
‑
103
.

Violation of state contracts to be reported to attorney general; investigation; action to recover damages; employment of special assistants.

(a)

Any officer, board or commission of the state of Wyoming, or their legal counsel, responsible for the enforcement of any contract between the state of Wyoming and any person, having reason to believe that there has been a violation of the terms of the contract to the damage of the state of Wyoming, shall report the matter to the attorney general of the state of Wyoming. The attorney general shall make such investigation of the matter as is necessary. Upon completion of the investigation and finding of probable damages to the state of Wyoming, the attorney general may bring suit in any court of competent jurisdiction to recover all damages that the state of
Wyoming may have incurred by reason of the breach of contract, or for any money or other property that may be due on the contract.
Subject to the governor's approval he
The attorney general
may employ specially qualified assistants or counsel to aid in any investigation of such action.

1
‑
35
‑
104
.

Actions under control of attorney general; settlement or compromise.

The attorney general shall control all investigations and actions instituted and conducted in behalf of the state as provided in W.S. 1
‑
35
‑
103 and has full discretionary powers to prosecute all investigations and litigation and
, with the approval of the governor,
to settle, compromise or dismiss the actions.

7
‑
22
‑
101
.

Definitions.

(a)

As used in this article:

(vi)

"
Five (5)
S
tate elected officials" means the governor, secretary of state, state auditor, state treasurer
, attorney general
and superintendent of public instruction;

7
‑
22
‑
102
.

Authority to contract; general conditions.

(a)

The state or a local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities and services as provided in this article, but only after receiving the consent of the
five (5)
state elected officials as to site, number of beds and classifications of inmates or prisoners to be housed in the facility.

(b)

No contract shall be entered into or renewed unless the contracting governmental entity, with the concurrence of the
five (5)
state elected officials, determines the contract offers substantial cost savings to the contracting governmental entity and at least the same
quality of services provided by the state or by similar local governments.

(c)

After receiving the majority consent of the
five (5)
state elected officials as to the site, number of beds and classifications of inmates or prisoners to be housed in the facility, the state or the local government may contract with private entities for the construction, lease (as lessor or lessee), acquisition, improvement, operation, maintenance, purchase or management of facilities, either:

(d)

The state or the local government may reject or return prisoners from outside the state. Prisoners or inmates of out
‑
of
‑
state, nonfederal jurisdictions shall not be incarcerated in any facility operated by a local government entity under this article without the consent of the majority of the
five (5)
state

elected officials
.

of this state.
At no time shall the number of prisoners from out
‑
of
‑
state, nonfederal jurisdictions incarcerated in a facility operated by a local government e
ntity under this article exceed thirty percent (30%) of the capacity of that facility. Any out
‑
of
‑
state, nonfederal prisoner shall be
returned to the jurisdiction of origin to be released from custody by them, outside the state of Wyoming at the appropriate time.

7
‑
22
‑
108
.

Monitoring; right of access.

(a)

The contracting governmental entity at the contractor's expense, shall employ an individual to be responsible for monitoring all aspects of the private contractor's performance under a contract for the operation of a facility pursuant to W.S. 7
‑
22
‑
102. The individual employed as contract monitor shall be qualified to perform this function by reason of education, training and experience as determined by the
five (5)
state elected officials. At a minimum, the contract monitor shall have completed at least the same training required by this article for detention officers and shall have served a minimum of three (3) years as a detention officer. The monitor, with the approval of the contracting governmental entity, shall appoint staff as necessary to assist in monitoring at the facility, which staff shall be at the contractor's expense and will be solely responsible to the
contract monitor. The monitor or his designee shall be provided an on
‑
site work area by the contractor, shall be on
‑
site on a daily basis, and shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide any and all data, reports and other materials that the monitor determines are necessary to carry out monitoring responsibilities under this section.

8
‑
1
‑
102
.

Definitions.

(a)

As used in the statutes unless the legislature clearly specifies a different meaning or interpretation or the context clearly requires a different meaning:

(xii)

"Elected state official" means the governor, secretary of state, state auditor, state treasurer
, attorney general
and superintendent of public instruction;

8
‑
2
‑
101
.

Distribution of statutes, supplements and session laws.

(a)

Statutes, supplements and session laws shall be distributed as provided by contract with the publisher or as directed by the management council, to the following, without charge:

(vi)

One (1) copy to each of the
five (5)
six (6)
elected state officers;

9
‑
1
‑
101
.

Location of seat of government; residence of state officials; deputies authorized.

(b)

The governor, secretary of state, state treasurer, state auditor
, attorney general
and state superintendent of public instruction shall reside and maintain their offices at the seat of government.

9
‑
1
‑
603
.

Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials; coordination of county and school safety activities.

(b)

With the approval of the governor
T
he attorney general may retain qualified practicing attorneys to prosecute fee
‑
generating suits for the state if expertise in a particular field is desirable.

(c)

Upon the failure or refusal of any district or county attorney to act in any criminal or civil case or matter in which the county, state or any agency thereof is a party, or has an interest, the attorney general may, at the request of the board of county commissioners of the county involved or of the district judge of the judicial district involved, act on behalf of the county, state or any agency thereof, if after a thorough investigation the action is deemed advisable by the attorney general. The cost of investigation and the cost of any prosecution arising therefrom shall be paid out of the general fund of the county where the investigation and prosecution take place. The attorney general
shall
may
also
, upon direction of the governor,

investigate any matter in any county of the state in which the county, state or any agency thereof may be interested. After investigation, the attorney
general shall submit a report of the investigation
to the governor and
to the district or county attorney of each county involved and may take such other action as he deems appropriate.

9
‑
1
‑
605
.

Approval of public securities and official bonds; water rights proceedings; investigation of misconduct of county official; commencement of action.

(b)

Under the direction of the governor
T
he attorney general shall institute and pursue proceedings to maintain the state's and its citizens' rights in the waters of interstate streams.

(c)

Upon representation to the
governor
attorney general
of misconduct or malfeasance in office or the commission of a crime by any county officer in the state and if the
governor
attorney general
believes the ends of justice demand or the matter will not be properly investigated and prosecuted by the sheriff and by the district attorney of the county,
the governor may direct

the attorney general
to
may
investigate the case.

(d)

Upon completion of the investigation, the attorney general
shall report the results of the investigation and his recommendations to the governor. If the governor and the attorney general determine that the attorney general should

may
institute a criminal or civil action
, the attorney general shall commence the action

as he deems appropriate
. The attorney general shall have the authority and duty vested in district attorneys in this state.

9
‑
1
‑
608
.

Assistant attorneys general.

(a)

With the approval of the governor,
T
he attorney general may appoint assistant attorneys general necessary for the efficient operation of his office. Each assistant attorney general shall be a member in good standing of the Wyoming bar and shall serve at the pleasure of the attorney general. The assistants shall act under the direction of the attorney general and his deputies. The attorney general, his deputies or his assistants may appear in any courts of the state or the United States and prosecute or
defend on behalf of the state. An appearance by the attorney general or his staff does not waive the sovereign immunity of the state.

(b)

With the approval of the governor,
T
he 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.

9
‑
1
‑
611
.

Division of criminal investigation; created; definitions; director; appointment; qualifications.

(c)

With the approval of the governor,
T
he attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.

9
‑
1
‑
633
.

Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.

(a)

A director of the Wyoming law enforcement academy shall be appointed by the attorney general
.

with the consent of the governor.
The director shall serve at the pleasure of the attorney general. He shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the attorney general.

(b)

The director may employ assistants, instructors and other personnel as approved by the attorney general
.

with the consent of the governor.
The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9
‑
1
‑
701 through 9
‑
1
‑
707. The director may appoint full
‑
time staff instructors who qualify pursuant to W.S. 9
‑
1
‑
701 through 9
‑
1
‑
707 to perform as peace officers. Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:

9
‑
1
‑
636
.

Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions.

(b)

With the approval of the governor,
T
he attorney general shall appoint a director who is the chief administrative officer of the division. The director is responsible to the attorney general for the operation of the division and shall serve at the pleasure of the attorney general.

(c)

With the consent of the attorney general
and the governor,
and subject to legislative appropriation, the director may:

9
‑
2
‑
1016
.

General services division.

(h)

The general services division shall:

(i)

Manage and control all state motor vehicles and equipment including their identification, purchase, lease, replacement, repair and permanent assignment, except
for state owned or leased vehicles personally used by or assigned to the governor, secretary of state, state auditor, state treasurer
, attorney general
or superintendent of public instruction;

9
‑
4
‑
218
.

Federal natural resource policy account created; purposes.

(a)

There is created an account known as the "federal natural resource policy account." Funds within the account may be expended by the governor on behalf of the state of Wyoming and its local governments, to take any of the actions specified in this subsection in response to federal land, water, air, mineral and other natural resource policies which may affect the tax base of the state, wildlife management, state species, recreation, private property rights, water rights or leasehold rights. Funds also may be expended for preparing and participating in environmental impact statements and environmental assessments, including analysis of economic or social and natural or physical environmental effects on the human environment. Funds also may be expended for coordinating
and participating in rangeland health assessments pursuant to W.S. 11
‑
2
‑
207. The governor may expend funds from the federal natural resource policy account for:

(iii)

Investigating, initiating, intervening or otherwise participating in litigation, or taking any other legal action by the state, a state agency or the counties of the state individually or jointly, that furthers the purposes of this subsection. In carrying out this subsection, the attorney general
,
or the counties
,
with approval of the governor, may retain qualified practicing attorneys to act for the state or the counties, including providing representation in other forums with the federal government or other state or county governments that may preclude or resolve any outstanding issues or attempting to influence pertinent federal legislation;

9
‑
5
‑
101
.

State building commission; composition; general powers and duties; conflicts of interest.

(a)

The
five (5) elected state officers
governor, secretary of state, state auditor, state treasurer and
state superintendent of public instruction
shall
constitute the state building commission. The governor shall be chairman of the commission, but in his absence from any meeting, one (1) of the members may act as chairman, and shall preside at the meeting. All votes taken to decide the commission's final action on any matter shall be recorded.

9
‑
5
‑
109
.

Advisory task force on capitol building rehabilitation and restoration; composition; duties; account created.

(m)

The advisory task force shall be comprised of:

(iii)

Five (5) members, one (1) each appointed by
each of the five (5) statewide elected officials
the governor, secretary of state, state auditor, state treasurer and state superintendent of public instruction
;

9
‑
13
‑
102
.

Definitions.

(a)

As used in this article:

(xvi)

"State office" means the state offices of governor, treasurer, superintendent of public instruction, auditor, secretary of state
, attorney general
and member of the state legislature;

9
‑
13
‑
108
.

Disclosure required.

(a)

Not later than January 31 annually, each of the state's
five (5)

six (6)
elected officials and each member of the Wyoming legislature

shall file a financial disclosure form with the secretary of state. The form shall be signed by the elected official or legislator filing it and under a certification that it is accurate. The financial disclosure form shall contain the following information current as of January 15 of that year:

9
‑
14
‑
101
.

Second amendment defense.

The attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming
citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms. The attorney general is directed to advance arguments that protect the constitutional right to bear arms.
Before intervening in any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.

9
‑
14
‑
102
.

Unauthorized federal agency actions.

(c)

The attorney general may seek to take action before the federal environmental protection agency, the federal occupational safety and health administration or in any state or federal court to stop the enforcement, administration or implementation of rulemaking or other actions taken by those agencies if, in his judgment, the rulemaking or other action exceeds the authority granted by the United States congress or otherwise rests on questionable authority.
Before intervening in or initiating
any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.

18
‑
3
‑
902
.

Action to remove county officer for misconduct or malfeasance
; petition served with summons; pleading; trial; judgment; change of judge.

(a)

Whenever it appears to the
governor
attorney general
on the verified complaint of qualified electors or the board of county commissioners of the county that any county officer is guilty of misconduct or malfeasance in office
,

he may direct

the attorney general
to

may
commence and prosecute an action in the district court of the county in which the officer is an official asking for the removal of the officer. The action shall be commenced by the filing of a verified petition in the name of the state of Wyoming signed by the attorney general setting forth the facts constituting the misconduct or malfeasance in office.

28
‑
1
‑
115
.

Submission of state agency plans to legislature; contents; purposes.

(f)

For purposes of this section and W.S. 28
‑
1
‑
116, "state agency" means:

(ii)

Offices of the
five (5)
six (6)
elected state officials
;
and
the attorney general; and

28
‑
12
‑
103
.

Expiration date of appointees' terms.

Notwithstanding any other provision of law, effective July 1, 1979, after the expiration of the current term of office of each person appointed by the governor and required to be confirmed by the senate, the next term of that office expires on March 1 during the year of regular expiration. Thereafter, each term, as specified in this section, and each term of office on any board, commission or committee created by the laws of this state after July 1, 1979, and for which senate confirmation is required, expires on March 1 during the year of regular expiration.
Notwithstanding the provisions of this section, the term of an attorney general serving pursuant to W.S. 9
‑
1
‑
601(b) shall terminate as provided by that subsection.

35
‑
7
‑
1004
.

Personnel to administer provisions.

The attorney general
by and with the consent of the governor
may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyoming personnel division. Said personnel shall be assigned such duties as may be necessary to assist the commissioner in the performance of his responsibilities under this act for the efficient operation of the work of the office.

35
‑
11
‑
1507
.

Injunction proceedings; penalties.

(a)

When, in the opinion of the governor, a person is violating or is about to violate any provision of this article, the governor shall
direct
inform the attorney general and request
the attorney general to apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity. Upon a showing that the person has engaged, or is about to engage
in the activity, the court may grant a permanent or temporary injunction, restraining order or other order.

Section
3
.

W.S. 9
‑
1
‑
601(b) is repealed.

Section 4.

(a)

Section 1 of t
his 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.

(b)

Except as provided in subsection (a) of this section, this act is effective January 7, 2019.

(END)

1
SF0076