State law violations by counties, cities and towns.

24LSO-0214
2024
STATE OF WYOMING
24LSO-0214
Numbered
2.0

SENATE FILE NO. SF0088

State law violations by counties, cities and towns.

Sponsored by: Senator(s) Ide, French, Hutchings, Laursen, D and Salazar and Representative(s) Bear, Haroldson, Locke, Pendergraft, Penn and Ward

A BILL

for

AN ACT relating to the administration of government; requiring specified funds to be withheld from counties, cities and towns violating state law or the Wyoming constitution; requiring the attorney general to investigate and take action on violations of law by counties, cities and towns; requiring notice; requiring requests by a legislator; and providing for an effective date.

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

Section 1
.

W.S. 9
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14
‑
301 is created to read:

ARTICLE 3
PROTECTION FROM STATE LAW VIOLATIONS
BY COUNTIES, CITIES AND TOWNS

9
‑
14
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301.

Violations of law by counties, cities and towns; withholding of funds.

(a)

Subject to subsection (c) of this section, at the written request of one (1) or more members of the legislature, the attorney general shall investigate any ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town that the member alleges violates state law or the constitution of Wyoming.

(b)

The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty (30) days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state. If the attorney general concludes that the ordinance, regulation, order or other action under investigation:

(i)

Violates any provision of state law or the constitution of Wyoming, the attorney general shall provide notice to the governing body of the county, city or town, by certified mail, of the violation and shall indicate that the county, city or town has thirty (30) days to resolve the violation. If the attorney general determines that the county, city or town has failed to resolve the violation within thirty (30) days after receiving notice, the attorney general shall:

(A)

Notify the state treasurer who shall withhold any undistributed state revenues from the county, city or town as provided by W.S. 39
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15
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111(r) and 39
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16
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111(p);

(B)

Continue to monitor the response of the governing body. When the offending ordinance, regulation, order or action is repealed or the violation is otherwise resolved, the attorney general shall notify:

(I)

The governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved;

(II)

The state treasurer to resume the distribution of state monies to the county, city or town.

(ii)

Does not violate any provision of state law or the constitution of Wyoming, the attorney general shall take no further action pursuant to this section.

(c)

Before a member of the legislature may request an investigation by the attorney general of any policy, rule or regulation adopted by any county, city or town pursuant to subsection (a) of this section, the member of the legislature shall first provide a written notification of the alleged violation of state law or the constitution of Wyoming to the chief executive officer or governing body of the county, city or town. If the county, city or town does not repeal or otherwise resolve the violation within sixty (60) days after receiving the notification, the member of the legislature may request an investigation by the attorney general pursuant to this section.

(d)

This article shall not prohibit actions under other statutory or common
‑
law provisions against an ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town that violates state law or the constitution of Wyoming. However, the remedies provided in this article are the exclusive remedies for actions brought pursuant to this article.

Section 2.

W.S. 39
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15
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111(b)(iii)(intro) and by creating a new subsection (r) and 39
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16
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111(b)(iii)(intro) and by creating a new subsection (p) are amended to read:

39
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15
‑
111.

Distribution.

(b)

Revenues earned under W.S. 39
‑
15
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104 during each fiscal year shall be recognized as revenue during that fiscal year for accounting purposes. Except as otherwise provided in subsection (p) of this section, for all revenue collected by the department under W.S. 39
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15
‑
104 the department shall:

(iii)

Except as otherwise provided by subsection (r) of this section, f
rom the remaining share, until June 30, 2004, deduct an amount equivalent to one
‑
half percent (0.5%) and thereafter deduct an amount equivalent to one percent (1%) of the tax collected under W.S. 39
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15
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104. From this amount, the department shall distribute until June 30, 2004, twenty thousand dollars ($20,000.00) and thereafter forty thousand dollars ($40,000.00) annually to each county in equal monthly installments and then distribute the remainder to each county in the proportion that the total population of the county bears to the total population of the state. The balance shall then be paid monthly to the treasurers of the counties, cities and towns for payment into their respective general funds. The percentage of the balance that will be distributed to each county and its cities and towns will be determined by computing the percentage that net sales taxes collected attributable to vendors in each county including its cities and towns bear to total net sales taxes collected of vendors in all counties including their cities and towns. Subject to subsection (h) of this section, this percentage of the balance shall be distributed within each county as follows:

(r)

Upon notice from the attorney general pursuant to W.S. 9
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14
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301(b) that an ordinance, regulation, order or other official action adopted or taken by a governing body of a county, city or town violates state law or the constitution of Wyoming, the state treasurer shall withhold the distribution of monies due under paragraph (b)(iii) of this section to the identified county, city or town and shall continue to withhold monies pursuant to this subsection until the attorney general certifies to the state treasurer that the violation has been resolved. Any funds withheld under this subsection shall revert to the general fund at the end of the fiscal biennium in which the funds were withheld. The state treasurer shall not withhold any amount that the county, city or town certifies to the attorney general and the state treasurer as being necessary to make any required deposits or payments for debt service on bonds or other long
‑
term obligations of the city or town that were issued or incurred before committing the violation.

39
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16
‑
111.

Distribution.

(b)

Revenues earned under this article during each fiscal year shall be recognized as revenue during that fiscal year for accounting purposes.

Revenue collected by the department from the taxes imposed by this article shall be transferred to the state treasurer who shall, as specified by the department:

(iii)

Except as provided in subsection (p) of this section f
rom the remaining share, until June 30, 2004, deduct an amount equivalent to one
‑
half percent (0.5%) and thereafter deduct an amount equivalent to one percent (1%) of the tax collected under W.S. 39
‑
16
‑
104. From this amount, the department shall distribute until June 30, 2004, five thousand dollars ($5,000.00) and thereafter ten thousand dollars ($10,000.00) annually to each county in equal monthly installments and then distribute the remainder to each county in the proportion that the total population of the county bears to the total population of the state. The remainder shall then be paid monthly to the treasurers of the counties, cities and towns for payment into their respective general funds. The percentage of the remainder that will be distributed to each county and its cities and towns will be determined by computing the percentage that net use taxes collected attributable to vendors in each county including its cities and towns bear to total net use taxes collected of vendors in all counties including their cities and towns. The distribution shall be as follows:

(p)

Upon notice from the attorney general pursuant to W.S. 9
‑
14
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301(b) that an ordinance, regulation, order or other official action adopted or taken by a governing body of a county, city or town violates state law or the constitution of Wyoming, the state treasurer shall withhold the distribution of monies due under paragraph (b)(iii) of this section to the identified county, city or town and shall continue to withhold monies pursuant to this subsection until the attorney general certifies to the state treasurer that the violation has been resolved. Any funds withheld under this subsection shall revert to the general fund at the end of the fiscal biennium in which the funds were withheld. The state treasurer shall not withhold any amount that the county, city or town certifies to the attorney general and the state treasurer as being necessary to make any required deposits or payments for debt service on bonds or other long
‑
term obligations of the city or town that were issued or incurred before committing the violation.

Section 3
.

This act is effective July 1, 2024
.

(END)

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SF0088