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21LSO-0568
2021
STATE OF WYOMING
21LSO-0568
Numbered
2.0
HOUSE BILL NO. HB0256
Wyoming sovereignty act.
Sponsored by: Representative(s) Wharff, Bear, Fortner, Hallinan, Haroldson, Heiner, Jennings, Laursen, Neiman, Ottman, Rodriguez-Williams, Styvar and Winter and Senator(s) Biteman and McKeown
A BILL
for
AN ACT relating to the administration of the government; providing procedures to enforce the integrity of the United States Constitution and to audit Wyoming's relationship with the federal government in accordance with that constitution; establishing the joint standing committee on federalism; establishing procedures for declaration of unconstitutional federal action; requiring all laws to comply with the state and federal constitutions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 1
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37
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116, 9
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14
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103 and 28
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11
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801 through 28
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11
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806 are created to read:
1
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37
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116.
Right of interested party to have constitutional determination made.
(a)
Any person interested in an unconstitutional federal action as determined pursuant to W.S. 9
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14
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103 may have any question of construction or validity arising under the constitution determined and obtain a declaration of rights, status or other legal relations.
(b)
Any district court in this state has original jurisdiction of a proceeding seeking a declaratory judgement that a federal action effective in this state is an unconstitutional federal action.
(c)
In determining whether to grant declaratory relief to a person under this section, a court:
(i)
May not rely solely on the decisions of other courts interpreting the United States Constitution; and
(ii)
Shall rely on the plain meaning of the text of the United States Constitutional doctrine as understood by the framers of the constitution.
9
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14
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103.
Compliance with constitutions.
(a)
This act may be known and cited as the "Wyoming Sovereignty Act."
(b)
All laws, including codified and noncodified statutes, session laws, resolutions, rules, regulations, decrees, orders and judgments, and any other dictate having the force and effect of law shall comply with the Constitution of the state of Wyoming and the Constitution for the United States of America.
(c)
The legislature of the state of Wyoming shall review all roles, responsibilities and powers being exercised by the government of the state of Wyoming to confirm that the roles, responsibilities and powers are not forbidden to the state government by the United States Constitution. If any ruling, act, law, regulation, statute or order is contrary to the Constitution these rulings,
acts, laws, regulations, statues or orders shall be declared unconstitutional in the opinion of the legislature.
28
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11
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801.
Appointment of members.
(a)
A joint standing committee on federalism shall be appointed immediately after certification of the general election subject to the following:
(i)
The president of the senate shall appoint six (6) members of the senate apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the senate, provided not more than five (5) of the members shall be from the same political party;
(ii)
The speaker of the house of representatives shall appoint six (6) members of the house apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the house, provided not more than five (5) of the members shall be from the same political party.
(b)
The president of the senate and the speaker of the house shall each designate a co
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chairman. The committee shall select two (2) vice chairmen from their members.
28
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11
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802.
Committee powers and duties.
(a)
The committee shall:
(i)
Review federal actions that may exceed the enumerated powers in the United States Constitution or that violate the sovereignty of the state or the people with the purpose of determining if the federal action is unconstitutional. The committee shall consider the plain language of the United States Constitution and the original intent in making a final declaration of constitutionality. The committee may consider:
(A)
The ratifying debates in the several states;
(B)
The understanding of the leading participants at the constitutional convention;
(C)
The understanding of the doctrine in question by the constitutions of the several states in existence at the time the United States Constitution was adopted;
(D)
The understanding of the United States Constitution by the first United States Congress;
(E)
The opinions of the first Chief Justice of the United States Supreme Court;
(F)
The background understanding of the doctrine in question under the English Constitution at the time;
(G)
The statements of support for natural law and natural rights by the framers and the philosophers referenced by them;
(H)
Opinions and statements expressed in the Federalist Papers.
(ii)
Correspond with other states about any federal action determined, in the opinion of the legislature, to be unconstitutional with the goal of coordinating a response;
(iii)
Individually reaffirm the oath of office as follows: "I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States, and the constitution of the state of Wyoming, recognizing that both constitutions are contracts and must be upheld based upon the understanding of the parties at the time of their ratification or adoption and that I will fulfill the duties of the Joint Standing Committee on Federalism with fidelity and free from purposes of evasion.";
(iv)
Meet not less than one (1) time per week during legislative sessions. A meeting of the committee shall not be scheduled on any Friday upon adjournment for the day. In addition, the committee shall meet every other month over the interim between legislative sessions. A majority of the members shall constitute a quorum;
(v)
Hold all meetings of the committee as public meetings;
(vi)
Be staffed by the legislative service office.
28
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11
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803.
Scope of review.
(a)
The committee shall report to and advise the legislature on the following:
(i)
The constitutionality of federal mandates;
(ii)
Legal questions and policy issues surrounding state and local government rights under RS2477;
(iii)
Legal issues relating to school trust lands, its beneficiaries and attendant rights of the state;
(iv)
The advisability, feasibility, estimated cost and likelihood of the success of challenging any federal enactment the committee determines, in the opinion of the legislature, to be unconstitutional;
(v)
Federal court rulings that:
(A)
Hinder the management of the state prison systems or place an additional financial burden on the state's finances;
(B)
Diminish a right reserved to the state or its citizens by the United States Constitution, including amendments IX and X;
(C)
Expand existing power or grant new powers to the United States government beyond the limited, enumerated powers provided in the United States Constitution.
(vi)
Federal laws, rules or regulations that adversely affect water or property rights or the rights and interests of state and local governments, including sovereignty interests and the power to provide for the health, safety, and welfare, and promote the prosperity of the state’s inhabitants;
(vii)
Conflicting, duplicative or cumbersome federal regulations or policies related to the management of federal lands in the state. In reviewing actions under this paragraph, the committee shall receive draft environmental impact statements and assessments for any federal proposed land management plan;
(viii)
Federal intervention that would damage the state's mining, timber, tourism, and ranching industries;
(ix)
The authority of the environmental protection agency to mandate local air quality standards and penalties;
(x)
Federal agency law enforcement within the state;
(xi)
The possible loss of federal funds to the state or the counties if a federal action is determined, in the opinion of the legislature, to be unconstitutional;
(xii)
Entries in the Federal Register which may impact the government of Wyoming or its residents;
(xiii)
Any other federal enactment likely to have adverse impacts on the state.
(b)
If the committee, by a majority of all members present from each house, voting separately, determines that in the opinion of the legislature, a federal action is an unconstitutional action, the committee shall report the determination to the Wyoming senate and the house of representatives during the current session of the legislature, or the next regular or special session of the legislature if the legislature is not convened when the committee makes the determination.
(c)
Each house of the legislature shall vote on whether, in the opinion of the legislature, the federal action is unconstitutional. The determination shall be made in the form of a bill which shall require an affirmative vote of a majority of all the members elected to each house. The bill shall then be presented to the governor, and before it shall take effect be approved by him, or,
being disapproved, be repassed by two
‑
thirds (2/3) of both houses as prescribed in the case of a bill.
28
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11
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804.
Coordination with the secretary of state.
Upon passage of the bill into law, the secretary of state shall forward official copies of the declaration to the President of the United States, the majority leader of the United States Senate, the speaker of the United States House of Representatives, and to all members of the Wyoming delegation to Congress, with the request that the legislative determination
that the
request that the declaration of unconstitutional federal action be entered in the Congressional Record.
28
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11
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805.
Authority preserved; actions to be declared unconstitutional; effect and state response.
(a)
This act shall not be construed to limit or alter the authority of an appropriate party from issuing a verbal or written opinion determining a federal action to be unconstitutional.
(b)
A federal action
determined, in the opinion of the legislature, to be an unconstitutional action,
shall have no legal effect in this state and shall not be recognized by this state or a political subdivision of this state as having legal effect.
(c)
Neither the state nor a political subdivision of the state shall spend public money or resources or incur public debt to implement or enforce a federal action determined, in the opinion of the legislature, to be unconstitutional.
(d)
A public officer authorized to enforce the laws of this state, who has taken an oath to defend the United States Constitution and the Constitution of the state of Wyoming has a duty to enforce the laws of this state against a person who attempts to implement or enforce a federal action that, in the opinion of the legislature, is unconstitutional.
(e)
This act does not prohibit a public officer who has taken an oath to defend the United States Constitution from interposing to stop acts of the federal government
which, in the officer's best understanding and judgement, violate the United States Constitution.
(f)
Wyoming officials in federal, state and local government shall honor their oaths to support, obey and defend the United States Constitution and shall act in accordance with the constitution at all times.
28
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11
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806.
Authority of the attorney general.
(a)
The attorney general may sue and defend the state in an action to prevent the implementation and enforcement of a federal action determined, in the opinion of the legislature, to be unconstitutional.
(b)
The attorney general may initiate proceedings against a person who attempts to implement or enforce a federal action determined, in the opinion of the legislature, to be unconstitutional.
(c)
The attorney general may appear before a grand jury in connection with an offense the attorney general is authorized to prosecute.
(d)
The authority to initiate proceedings prescribed by this section does not affect the authority derived from other law.
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)
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HB0256