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25LSO-0799
2025
STATE OF WYOMING
25LSO-0799
Numbered
2.0
HOUSE BILL NO. HB0333
Federal acts-legal actions authorized-2.
Sponsored by: Representative(s) Banks
A BILL
for
AN ACT relating to the legislature; authorizing the legislature to prosecute actions involving the proper administration and interpretation of federal acts; making conforming amendments; authorizing the management council to initiate litigation upon a majority vote; providing legislative findings; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 28
‑
8
‑
114 by creating a new subsection (b), by amending and renumbering (b) as (c), by renumbering (c) as (d), by amending and renumbering (d) as (e) and by a creating new subsection (f) is amended to read:
28
‑
8
‑
114.
Legal actions authorized; employment of counsel; creation of an account; authorizing the use of funds.
(b)
The legislature finds that article 1, section 8 and article 4, section 3 of the United States constitution recognizes the jurisdiction of the Wyoming legislature over land within the boundaries of the state of Wyoming. The Wyoming act of admission in section 1 recognizes that the state of Wyoming is admitted into the union upon equal footing with the original states in all respects whatsoever. Being a coequal branch of government, the legislature finds that federal land use plans within the state of Wyoming are matters of great public interest and importance. The legislature has a sufficient interest in the proper interpretation and administration of the National Environmental Policy Act, the Federal Land Policy and Management Act, the National Historic Preservation Act, the Endangered Species Act, the Clean Air Act, the Clean Water Act and other federal acts to provide standing for the legislature to prosecute actions for declaratory judgment to protect its interests and the interests of the public.
(b)
(c)
The legislature by a majority vote of the members of both houses when in session, or the management council by the affirmative vote of
two
‑
thirds (2/3)
a majority
of the members of the council during the interim, is authorized to commence and prosecute an action for declaratory judgment in the courts of this state, or of the United States, when such action is deemed necessary or advisable to protect the rights, powers and interests of the legislature or assure proper interpretation or administration of the constitution, statutes
,
or
administrative rules
and federal acts, including federal purchases of land within the state
of Wyoming.
The legislature shall have standing and may use funds for litigation purposes in accordance with subsection (f) of this section to prosecute actions for declaratory judgment.
(c)
(d)
The legislature may by resolution direct the management council to prosecute an action.
The management council may commence an action upon its own motion.
(d)
(e)
The legislature or the management council may direct the legal staff of the legislative service office to commence and prosecute
the
an
action, or it may employ private counsel for such purposes, as it deems advisable.
(f)
The management council, on behalf of the legislature, is authorized to utilize an amount not to exceed seventy
‑
five million dollars ($75,000,000.00) at any one (1) time, or however much is available, to take any of the actions specified in this section.
Section 2
.
There is appropriated seventy
‑
five million dollars ($75,000,000.00) from the general fund to the legislative service office for litigation purposes for the legislature as specified in this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2028. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2028.
Section 3.
This act is effective July 1, 2025.
(END)
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HB0333