HB0187 • 2021

Elected official residency requirement.

AN ACT relating to elected officials; prescribing residency requirements for county officers; prescribing when a vacancy in office occurs; providing applicability; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Hunt
Last action: 2021-04-21
Official status: enrolled
Effective date: 7/1/2021

Plain English Breakdown

The summary provided by the Legislative Service Office is not an official statement and should not be relied upon as a comprehensive abstract.

Elected Official Residency Requirement

This law requires county assessors, clerks, commissioners, sheriffs, and treasurers to live in their respective counties throughout their terms; if they do not, the office becomes vacant.

What This Bill Does

Requires county assessors to be residents of the county during their entire term.
Requires county clerks to be residents of the county during their entire term.
Requires county commissioners to be residents of the county during their entire term.
Requires county sheriffs to be residents of the county during their entire term.
Requires county treasurers to be residents of the county during their entire term.

Who It Names or Affects

County assessors
County clerks
County commissioners
County sheriffs
County treasurers

Terms To Know

Residency requirement: A rule that says someone must live in a certain place to hold an office or job.

Limits and Unknowns

The residency requirements apply only to elected or appointed county officers whose terms commence on or after July 1, 2021.
This law does not cover other types of local government roles beyond the specified positions.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0187H3001

3rd reading • Representative Wilson

Adopted

Plain English: The amendment removes certain sections of the bill related to residency requirements for county officers and modifies language regarding when a county officer must reside within their jurisdiction.

Removes references to district attorneys in the bill's text.
Modifies the timing of residency requirements for several county positions, specifying that they apply from the first day of their term until the last day.
Deletes sections related to specific duties and applicability of certain officers.

The amendment does not provide clear details on why these changes are being made or what impact they will have.
Some deleted sections may contain important information that is now removed from the bill.

Bill History

2021-04-21 LSO
Assigned Chapter Number 165
2021-04-21 Governor
Governor Signed HEA No. 0079
2021-04-06 Senate
S President Signed HEA No. 0079
2021-04-02 House
H Speaker Signed HEA No. 0079
2021-04-02 LSO
Assigned Number HEA No. 0079
2021-04-02 Senate
S 3rd Reading:Passed 27-1-2-0-0
2021-04-02 Senate
S 2nd Reading:Passed
2021-04-01 Senate
S COW:Passed
2021-03-31 Senate
S Placed on General File
2021-03-31 Senate
S07 - Corporations:Recommend Do Pass 3-2-0-0-0
2021-03-24 Senate
S Introduced and Referred to S07 - Corporations
2021-03-23 Senate
S Received for Introduction
2021-03-23 House
H 3rd Reading:Passed 42-17-1-0-0
2021-03-22 House
H 2nd Reading:Passed
2021-03-19 House
H COW:Passed
2021-03-17 House
H Placed on General File
2021-03-17 House
H07 - Corporations:Recommend Do Pass 6-3-0-0-0
2021-03-03 House
H Introduced and Referred to H07 - Corporations
2021-03-02 House
H Received for Introduction
2021-03-01 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0284
Bill No.:

HB0187

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0284

Enrolled Act No.:

HEA No. 0079

Chapter No.:

165

Prime Sponsor:

Hunt

Catch Title:

Elected official residency requirement.

Subject:

Residency requirements for certain elected officials.

Summary/Major Elements:

This act imposes residency requirements for county assessors, county clerks, county commissioners, county sheriffs and county treasurers.

The officer would have to reside in the jurisdiction in which they serve for the duration of the officer's term, otherwise the office becomes vacant.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

21LSO-0284

ORIGINAL House

Bill No
.
HB0187

ENROLLED ACT NO. 79,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

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

Section 1
.

W.S. 18
‑
3
‑
201(a), 18
‑
3
‑
401, 18
‑
3
‑
501(a), 18
‑
3
‑
601, 18
‑
3
‑
801 and 22
‑
18
‑
101(f) are amended to read:

18
‑
3
‑
201.

Qualifications; certification and education.

(a)

There shall be elected in each county a county assessor as provided by the Wyoming Election Code of 1973 as amended, who shall be a qualified elector and own real property in the county in which he is elected.
The county assessor shall be a resident of the county in which the county assessor serves, beginning on the first day of the term and through the last day of the term for which the county assessor serves.

18
‑
3
‑
401.

Office created; election.

There shall be elected in each county a county clerk
, who shall be a resident of the county in which the county clerk serves, beginning on the first day of the term and through the last day of the term for which the county clerk serves
.

18
‑
3
‑
501.

Composition; election for increasing the number; term; quorum; election for districting; procedures.

(a)

Each board of county commissioners shall consist of three (3) qualified electors who shall be elected in the following manner: at the general election held in the year
1980 and every fourth year thereafter, there shall be elected one (1) commissioner for a term of four (4) years and at the general election held in the year of 1978 and every fourth year thereafter there shall be elected two (2) commissioners for a term of four (4) years each. Any two (2) members of the board constitute a quorum and are competent to act.
In addition to the other residency requirements imposed by this section, each county commissioner shall be a resident of the county in which the county commissioner serves, beginning on the first day of the term and through the last day of the term for which the county commissioner serves.

18
‑
3
‑
601.

Office created; election.

There shall be elected in each county a county sheriff
, who shall be a resident of the county in which the county sheriff serves, beginning on the first day of the term and through the last day of the term for which the county sheriff serves
.

18
‑
3
‑
801.

Election.

There shall be elected in each county a county treasurer
, who shall be a resident of the county in which the county treasurer serves, beginning on the first day of the term and through the last day of the term for which the county treasurer serves
.

22
‑
18
‑
101.

When deemed to occur.

(f)

In addition to subsections (a) through (c) of this section, a vacancy shall occur
:

(i)

I
n the office of a member of the state legislature when the person fails to reside in the legislative district from which he is elected
;
.

(ii)

In the office of a county assessor, county clerk, county commissioner, county sheriff or county treasurer when the person fails to reside in the county from which he is elected.

Section 2
.

The residency requirements of this act shall apply to elected or appointed county officers whose terms commence on or after the effective date of this act.

Section 3
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk