Attorney general-control by state-wide elected officials.

25LSO-0795
2025
STATE OF WYOMING
25LSO-0795
Introduced
2.0

HOUSE BILL NO. HB0327

Attorney general-control by state-wide elected officials.

Sponsored by: Representative(s) Heiner, Brown, G, Lucas and Neiman and Senator(s) Hicks, Hutchings and Laursen, D

A BILL

for

AN ACT relating to the attorney general; providing for the appointment of the attorney general by the state loan and investment board; providing for filling a vacancy in the position; amending provisions regarding actions the attorney general takes requiring approval of or pursuant to the direction of the governor; expanding the authority of the attorney general to file lawsuits against federal agencies; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 1
‑
26
‑
509(k), 1
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31
‑
103, 1
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35
‑
103(a), 1
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35
‑
104, 7
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3
‑
102, 9
‑
1
‑
601(a) and (b), 9
‑
1
‑
602, 9
‑
1
‑
603(b) and (c), 9
‑
1
‑
605(b) through (d), 9
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1
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608(a) and (b), 9
‑
1
‑
611(c), 9
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1
‑
618(b)(i), 9
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1
‑
633(a) and (b)(intro), 9
‑
1
‑
636(b) and (c)(intro), 9
‑
4
‑
218(a)(iii), 9
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14
‑
101, 9
‑
14
‑
102(c), 11
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19
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605(h) and (j), 18
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3
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902(a), 28
‑
12
‑
101(a)(intro) and (b), 28
‑
12
‑
102(b) and (c), 35
‑
7
‑
1004 and 35
‑
11
‑
1507(a) are amended to read:

1
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26
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509.

Negotiations; scope of efforts to purchase.

(k)

Attorney's fees and other expenses awarded under this section from a public entity to a condemnee shall be reported by the public entity which paid the fees, to the Wyoming attorney general within sixty (60) days of the award. The Wyoming attorney general shall collect this data and report annually to the
governor
state loan and investment board
on the amount of all taxpayer funded fee awards, beginning July 31, 2014. The report shall identify the name of each party to whom an award was made, the name of each counsel of record representing each party to whom an award was made, the public agency which paid each award and the total amount of each award.

1
‑
31
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103.

Commencement of action.

The attorney general or a county attorney shall commence an action when directed by
the governor
a majority of the members of the state loan and investment board
, 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.

1
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35
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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
a majority of the members of the state loan and investment board's
approval he may employ specially qualified assistants or counsel to aid in any investigation of such action.

1
‑
35
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104.

Actions under control of attorney general; settlement or compromise with approval of the state loan and investment board.

The attorney general shall control all investigations and actions instituted and conducted
in
on
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
a majority of the members of the state loan and investment board
, to settle, compromise or dismiss the actions.

7
‑
3
‑
102.

Appointment of attorney general to represent state on joint commissions.

The governor
A majority of the members of the state loan and investment board
shall appoint the attorney general as the commissioner who shall represent Wyoming upon any joint commission created by Wyoming and any one (1) or more states for the purpose of negotiating and entering into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of the respective criminal laws and policies of Wyoming and any other state and for the establishment of agencies deemed desirable for making effective any agreement or compact.

9
‑
1
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601.

Appointment; term; removal; special assistant for legislative affairs; qualifications.

(a)

The attorney general of the state of Wyoming shall be appointed by
the governor
a majority of the members of the state loan and investment board
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
a majority of the members of the state loan and investment board
.

(b)

If a
majority of a
newly elected
governor
state loan and investment board
appoints an attorney general to take office prior to or during the legislative session next following the
governor's
state loan and investment board's
election, the newly appointed attorney general designee shall become a member of the attorney general's staff to serve as a special assistant to the governor for legislative affairs. When the legislative session adjourns the attorney general's term of office shall terminate.

9
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1
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602.

Vacancy in office.

In case of a vacancy in the office of attorney general
the governor
a majority of the members of the state loan and investment board
shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28
‑
12
‑
101(b).

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; bankruptcy proceedings.

(b)

With the approval of
the governor
a majority of the members of the state loan and investment board
the 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 also, upon direction of
the governor
a majority of the members of the state loan and investment board
, 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
state loan and investment board
and to the district or county attorney of each county involved and may take such other action as
he
the attorney general
deems appropriate.

9
‑
1
‑
605.

Approval of public securities and official bonds; water rights proceedings; investigation of misconduct of county official; report to state loan and investment board; commencement of action.

(b)

Under the direction of
the governor
a majority of the members of the state loan and investment board
the 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
state loan and investment board
of misconduct or malfeasance in office or the commission of a crime by any county officer in the state and if
the governor believes
a majority of the members of the state loan and investment board believe
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
a majority of the members of the state loan and investment board
may direct the attorney general to 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
state loan and investment board
. If
the governor
a majority of the members of the state loan and investment board
and the attorney general determine that the attorney general should institute a criminal or civil action, the attorney general shall commence the action. The attorney general shall have the authority and duty vested in district attorneys in this state.

9
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1
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608.

Assistant attorneys general.

(a)

With the approval of
the governor
a majority of the members of the state loan and investment board
, the 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
a majority of the members of the state loan and investment board
the 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
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1
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611.

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

(c)

With the approval of
the governor
a majority of the members of the state loan and investment board
, the attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.

9
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1
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618.

Agents to be safeguarded as peace officers; general assistance to state, county or local authorities; investigative duties.

(b)

The division shall investigate:

(i)

Suspected criminal activity when directed by
the governor
the attorney general
to do so;

9
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1
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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
a majority of the members of the state loan and investment board
. The director shall serve at the pleasure of the attorney general.
He
The director
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
a majority of the members of the state loan and investment board
. The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9
‑
1
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701 through 9
‑
1
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707. The director may appoint full
‑
time staff instructors who qualify pursuant to W.S. 9
‑
1
‑
701 through 9
‑
1
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707 to perform as peace officers. Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:

9
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1
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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
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4
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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 related 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
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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
with approval of a majority of the members of the state loan and investment board,
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
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14
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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
firearms
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
a majority of the members of the state loan and investment board
.

9
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14
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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
any other federal agency or
in any state or federal court to stop the enforcement, administration or implementation of rulemaking or other actions taken by
those agencies
any federal agency
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
a majority of the members of the state loan and investment board
.

11
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19
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605.

Wyoming bighorn/domestic sheep relocation and removal; legislative findings; reimbursement; attorney general action.

(h)

With the approval of
the governor
a majority of the members of the state loan and investment board
, the attorney general shall seek to intervene in any lawsuit if a federal action is contrary to the state's policy regarding Wyoming bighorn/domestic sheep set forth in subsections (a) and (b) of this section or that is inconsistent with the Wyoming bighorn/domestic sheep plan.

(j)

With the approval of
the governor
a majority of the members of the state loan and investment board
, the attorney general shall file an action against any federal agency to stop the enforcement, administration or implementation of any federal agency rule, instructional memo, handbook or other action taken by a federal agency if the rule, instructional memo, handbook or other action is contrary to the Wyoming bighorn/domestic sheep plan or is otherwise contrary to law.

18
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3
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902.

State loan and investment board to direct district attorney or attorney general to commence action; petition served with summons; pleading; trial; judgment; change of judge.

(a)

Whenever it appears to
the governor
a majority of the members of the state loan and investment board
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
a majority of the members of the state loan and investment board
may direct the attorney general to 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
‑
12
‑
101.

Appointments by governor or state loan and investment board; vacancies.

(a)

The governor
, or the state loan and investment board in the case of the attorney general,
shall submit to the senate the name, address and occupation of each person he proposes for appointment to public office and for which senate advice and consent is required under either the constitution or laws of this state. In addition and for those appointments for which political party affiliation is specified by law, the governor shall provide the senate with documentation of compliance with W.S. 9
‑
1
‑
218(e). The information required by this section shall be submitted to the senate by:

(b)

The governor
, or the state loan and investment board in the case of the attorney general,
may fill any vacancy occurring between sessions of the legislature by temporary appointment to be effective until March 1 of the ensuing calendar year.

28
‑
12
‑
102.

Senate consideration of appointments; procedure; roll call vote required.

(b)

After review of nominees in accordance with subsection (a) of this section, the senate, within five (5) legislative working days after submission by roll call vote, shall confirm or reject each gubernatorial
or state loan and investment board
nominee requiring the advice and consent of the senate.

(c)

If the senate does not consent to a nominee for a given office, the governor
, or state loan and investment board in the case of the attorney general,
shall submit the name, address and biography of another person for senate consideration if the legislature is still in session. If the legislature has adjourned, the governor
, or state loan and investment board in the case of the attorney general,
may make a temporary appointment as provided in W.S. 28
‑
12
‑
101(b). No person rejected by the senate shall be appointed to or serve in, either temporarily or otherwise, the public office for which his nomination was rejected.

35
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7
‑
1004.

Personnel to administer provisions.

The attorney general by and with the consent of
the governor
a majority of the members of the state loan and investment board
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
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1507.

Injunction proceedings; penalties.

(a)

When, in the opinion of
the governor
a majority of the members of the state loan and investment board
, a person is violating or is about to violate any provision of this article,
the governor
a majority of the members of the state loan and investment board
shall direct 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 2
.

The state loan and investment board shall appoint an attorney general not later than January 31, 2026 for confirmation consideration by the Wyoming Senate during the 2026 Budget Session. The attorney general serving at the time an attorney general is confirmed by the Senate shall cease serving at the time of confirmation unless that person is confirmed by the Senate as attorney general.

Section 3.

The state loan and investment board shall promulgate all rules necessary to implement this act.

Section 4.

This act is effective January 1, 2026.

(END)

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HB0327