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20LSO-0249
2020
STATE OF WYOMING
20LSO-0249
Numbered
2.0
HOUSE BILL NO. HB0083
UW board of trustees-selection by electorate.
Sponsored by: Representative(s) Gray, Jennings and Salazar and Senator(s) Bouchard and James
A BILL
for
AN ACT relating to the University of Wyoming board of trustees; providing for selection of prospective appointees by the electorate and providing for gubernatorial appointment; authorizing removal for cause; modifying trustee terms; conforming provisions; repealing an inconsistent provision; providing applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 22
‑
18
‑
113 is created to read:
22
‑
18
‑
113.
Applicability to members of the University of Wyoming board of trustees.
This chapter shall not apply to the selection and appointment of members to the University of Wyoming board of trustees.
Section 2
.
W.S. 9
‑
1
‑
202(a), 21
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17
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201, 21
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17
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202(a) and by creating new subsections (c) and (d), 21
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17
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203, 22
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1
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102 by creating a new subsection (b), 22
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2
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105(a)(ii)(intro), 22
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4
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304(a), 22
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5
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206(a), 22
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5
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208(a)(i), 22
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5
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215, 22
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6
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117(a) by creating a new paragraph (xii), 22
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6
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120(a)(x), 22
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16
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116, 22
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16
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121(b) and 22
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25
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107(a)(iii) are amended to read:
9
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1
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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
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12
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103.
The governor may only remove a member of the University of Wyoming board of trustees as provided in W.S. 21
‑
17
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202.
21
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17
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201.
Composition; selection and appointment; quorum.
The government of the university is vested in a board of
twelve (12)
eight (8)
trustees appointed by the governor
, no two (2) of whom may be residents of the same county of the state
in accordance with this section
.
At least
O
ne (1) trustee shall be appointed from each
of the seven (7)
appointment
district pursuant to
districts designated in
W.S. 9
‑
1
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218.
Not more than seventy
‑
five percent (75%) of the members of the board shall be registered in the same political party.
The electors of each appointment district at a general election shall select two (2) prospective appointees for the applicable trustee position. On or about January 15 immediately following a general election, the
governor shall appoint one (1) of the two (2) prospective appointees to fill an open position. In addition, at a general election the electors of the state shall select two (2) prospective appointees to be chairman of the board of trustees. On or about January 15 immediately following a general election, the governor shall appoint one (1) of the two (2) prospective appointees to fill the position of board chairman. All appointees shall be subject to the advice and consent of the senate.
The governor, the president of the university, the state superintendent of public instruction and the president of the associated students of the university are members ex officio, having the right to speak, but not to vote. A majority of the board is a quorum.
21
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17
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202.
Term; vacancies; members of faculty disqualified; removal.
(a)
The term of office of the trustees appointed is
six (6)
four (4)
years.
During each session of the legislature, the governor shall nominate, and with the advice and consent of the senate, appoint successors to
those trustees whose term of office has expired or will expire before the next session of the legislature.
Any vacancy in the board of trustees caused by death, resignation, removal from the state
, failure of the senate to confirm appointment in the first legislative session following appointment
or otherwise, shall be filled by appointment by the governor as provided in
W.S. 28
‑
12
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101
this section
.
(c)
The governor shall fill a vacancy in the board of trustees by appointing the prospective appointee selected through election for the trustee position under W.S. 21
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17
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201 but not appointed by the governor. That appointee may serve as trustee for the remainder of the term unless the senate fails to confirm the appointment in the legislative session first following appointment, in which case the trustee position shall be vacant. Subsequent vacancies in a trustee position prior to a general election at which prospective appointees are to be selected shall be filled for the remainder of the term in accordance with the following:
(i)
The governor shall immediately notify in writing the chairman of the state central committee of the political party which last represented the trustee position at the time of appointment. The chairman shall call a meeting of the state central committee to be held not later than fifteen (15) days after he receives notice of the vacancy. At the meeting the state central committee shall select and transmit to the governor the names of three (3) persons qualified to hold the trustee position. Within five (5) days after receiving these three (3) names, the governor shall fill the vacancy by appointment of one (1) of the three (3) to hold the position. If the person who has vacated the position did not represent a political party at the time of appointment the governor shall notify in writing the chairman of all state central committees of parties registered with the secretary of state. Each state central committee shall submit to the governor, within fifteen (15) days after notice of the vacancy, the name of one (1) person qualified to hold the position. The governor shall also cause to be published in a newspaper of general circulation in the state notice of the vacancy in the position. Persons qualified to hold the position who
do not belong to a party may, within fifteen (15) days after publication of the vacancy in the position, submit a petition signed by one hundred (100) registered voters, seeking consideration for appointment. Within five (5) days after receiving the names of qualified persons, the governor shall fill the vacancy by appointment, from the names submitted or from those petitioning for appointment.
(d)
No member of the faculty, while holding that position, shall ever be appointed a trustee. The governor may
only
remove
any
a
trustee
as provided in W.S. 9
‑
1
‑
202
for cause
.
21
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17
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203.
To be body corporate; powers, duties and functions generally.
The board of trustees and their successors in office constitute a body corporate by the name of "the trustees of the University of Wyoming". They possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have custody of the books, records, buildings and all other
property of the university. The board shall elect a
chairman,
secretary and treasurer
,
who shall perform the duties prescribed in the bylaws of the board. The treasurer shall execute a bond, with approved sureties in double the sum likely to come into his hands, for the faithful discharge of his duties. The term of office of
board officers
the secretary and the treasurer
,
their duties severally
duties of board officers
and the times for holding meetings shall be fixed in the bylaws of the board. A majority of the board constitutes a quorum for the transaction of business but a less number may adjourn from time to time, and all routine business may be entrusted to an executive committee of no fewer than three (3) members subject to such conditions as the bylaws of the board prescribe. The board may from time to time appoint and authorize a person to examine and approve for payment all legal claims against the corporation. The person shall give bond with surety approved by the board, payable to the state of Wyoming in such sum as the board may fix, conditioned for the faithful performance of his duties. A certificate of appointment signed by the chairman and secretary of the board and the bond shall be filed with the
state auditor. At each meeting of the board all action taken by the person so appointed subsequent to the immediately preceding board meeting shall be submitted to the board for its approval or disapproval. The actual and necessary traveling expenses of nonresident members in attending the annual meeting of the board may be audited by the auditing committee thereof and paid by warrant on the treasurer out of the general fund of the university.
22
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1
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102.
Definitions.
(b)
As used in this act unless the context clearly indicates otherwise, "nominated" or "elected" to public office or other similar term shall include the selection of prospective appointees to the University of Wyoming board of trustees in accordance with W.S. 21
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17
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201.
22
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2
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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 the general election in 2020 and in every fourth (4th) year thereafter, there shall be selected two (2) prospective appointees for each of the eight (8) trustee positions on the University of Wyoming board of trustees.
At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:
22
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4
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304.
Certification of candidates; fees.
(a)
The chairman and secretary of the state political convention shall certify to the secretary of state the names of its party's nominees for United States senator, United States representative,
University of Wyoming board trustee,
all elective state offices and legislative offices.
22
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5
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206.
Where nomination applications to be filed.
(a)
Nomination applications for United States senators and representatives in congress, state offices, members of the legislature,
University of Wyoming board trustees,
circuit court judges, and state district court judges shall be filed in the office of the secretary of state.
22
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5
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208.
Filing fees; exception.
(a)
Applications shall be accompanied by the following fees:
(i)
Twenty
‑
five dollars ($25.00) for the offices of state senator, state representative,
University of Wyoming board trustee to an appointment district,
district attorney and for the offices to be voted for by electors wholly within a county;
22
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5
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215.
Nomination of partisan candidates and write
‑
in candidates.
On each party ballot the candidate or candidates equal in number to the number to be elected to each office who receive the largest number of votes shall be nominated and shall be entitled to have their names printed on the ballot for the next general election.
For appointed positions on the University of Wyoming's board of trustees, the two (2) candidates who receive the largest number of votes on each party ballot shall be nominated and shall be entitled to have their names printed on the ballot for the next general election.
A write
‑
in candidate shall not be nominated and shall not be entitled to have his name printed on the ballot for the next general election unless he received at least twenty
‑
five (25) write
‑
in votes. An unsuccessful
candidate for office at a primary election whose name is printed on any party ballot may not accept nomination for the same office at the next general election.
22
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6
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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:
(xii)
Candidates for University of Wyoming board trustees.
22
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6
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120.
Format of general election ballot.
(a)
The general election ballot shall be printed in substantial compliance with this format:
(x)
Below the names of candidates for each office shall be printed blank lines for write
‑
in candidates equal in number to the number of persons to be elected
. In
the case of selection of University of Wyoming board trustees for appointment, two (2) blank lines for write
‑
in candidates shall be printed for each person to be appointed by the governor
;
22
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16
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116.
Statewide abstract; discrepancies with county abstracts.
From the unofficial tabulations delivered directly to his office, the secretary of state shall tabulate a statewide abstract by counties of votes for president and vice
‑
president, state officers, justice of the supreme court, United States senator, representative in congress, district court judges, circuit court judges, members of the state legislature
, University of Wyoming board trustee
and the votes for and against ballot propositions voted on by electors of a district larger than a county. The unofficial tabulation shall then be reconciled to the official abstracts of the county canvassing boards and the secretary of state shall prepare the state abstract from the official county abstracts.
22
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16
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121.
Certificates of nomination, selection and election following state or county canvass.
(b)
The governor shall issue a certificate of election to a candidate duly elected to an office to be filled by electors of the state, district court judges, circuit court judges and members of the state legislature.
The governor shall issue a certificate of selection to a candidate duly selected for prospective appointment to the office of University of Wyoming board trustee.
The county clerk shall issue a certificate of election to each candidate duly elected to a county or precinct office in the county and to members elected to boards of trustees of special districts, school or community college districts and city or town councils.
22
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25
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107.
Where reports to be filed.
(a)
All reports required under this chapter shall be filed as follows:
(iii)
Any candidate for statewide office
or University of Wyoming board trustee
shall file with the secretary of state;
Section 3
.
W.S. 21
‑
17
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202(b) is repealed.
Section 4.
New members to the University of Wyoming board of trustees shall be selected in accordance with this act in the 2020 general election. Pursuant to W.S. 21
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17
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201, as amended by this act, the governor shall nominate and, with the advice and consent of the Wyoming senate, appoint members to the University of Wyoming board of trustees. The terms of an existing board member not selected through a general election shall expire when a successor, designated by the governor, is duly appointed to that existing board member's position. All existing board members' term shall expire not later than March 31, 2021.
Section 5.
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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HB0083