Wyoming 2025 Regular Session

Wyoming House Bill HB0327 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-07951HB0327
4	4	HOUSE BILL NO. HB0327
5	5	Attorney general-control by state-wide elected officials.
6	6	Sponsored by: Representative(s) Heiner, Brown, G, Lucas and
7	7	Neiman and Senator(s) Hicks, Hutchings and
8	8	Laursen, D
9	9	A BILL
10	10	for
11	11	1 AN ACT relating to the attorney general; providing for the
12	12	2 appointment of the attorney general by the state loan and
13	13	3 investment board; providing for filling a vacancy in the
14	14	4 position; amending provisions regarding actions the
15	15	5 attorney general takes requiring approval of or pursuant to
16	16	6 the direction of the governor; expanding the authority of
17	17	7 the attorney general to file lawsuits against federal
18	18	8 agencies; making conforming amendments; and providing for
19	19	9 an effective date.
20	20	10
21	21	11
22	22	12
23	23	13W.S. 1-26-509(k), 1-31-103, 1-35-103(a),
24	24	14 1-35-104, 7-3-102, 9-1-601(a) and (b), 9-1-602, 9-1-603(b)
25	25	15 and (c), 9-1-605(b) through (d), 9-1-608(a) and (b), 2025STATE OF WYOMING25LSO-07952HB0327
26	26	1 9-1-611(c), 9-1-618(b)(i), 9-1-633(a) and (b)(intro),
27	27	2 9-1-636(b) and (c)(intro), 9-4-218(a)(iii), 9-14-101,
28	28	3 9-14-102(c), 11-19-605(h) and (j), 18-3-902(a),
29	29	4 28-12-101(a)(intro) and (b), 28-12-102(b) and (c),
30	30	5 35-7-1004 and 35-11-1507(a) are amended to read:
31	31	6
32	32	7
33	33	8
34	34	9 (k) Attorney's fees and other expenses awarded under
35	35	10 this section from a public entity to a condemnee shall be
36	36	11 reported by the public entity which paid the fees, to the
37	37	12 Wyoming attorney general within sixty (60) days of the
38	38	13 award. The Wyoming attorney general shall collect this data
39	39	14 and report annually to the
40	40	15 on the amount of all taxpayer funded fee
41	41	16 awards, beginning July 31, 2014. The report shall identify
42	42	17 the name of each party to whom an award was made, the name
43	43	18 of each counsel of record representing each party to whom
44	44	19 an award was made, the public agency which paid each award
45	45	20 and the total amount of each award.
46	46	21
47	47	22
48	48	23 2025STATE OF WYOMING25LSO-07953HB0327
49	49	1 The attorney general or a county attorney shall commence an
50	50	2 action when directed by
51	51	3, supreme
52	52	4 court or legislature, or when upon complaint or otherwise
53	53	5 he has good reason to believe that such an action can be
54	54	6 established by proof.
55	55	7
56	56	8
57	57	9
58	58	10
59	59	11
60	60	12 (a) Any officer, board or commission of the state of
61	61	13 Wyoming, or their legal counsel, responsible for the
62	62	14 enforcement of any contract between the state of Wyoming
63	63	15 and any person, having reason to believe that there has
64	64	16 been a violation of the terms of the contract to the damage
65	65	17 of the state of Wyoming, shall report the matter to the
66	66	18 attorney general of the state of Wyoming. The attorney
67	67	19 general shall make such investigation of the matter as is
68	68	20 necessary. Upon completion of the investigation and finding
69	69	21 of probable damages to the state of Wyoming, the attorney
70	70	22 general may bring suit in any court of competent
71	71	23 jurisdiction to recover all damages that the state of 2025STATE OF WYOMING25LSO-07954HB0327
72	72	1 Wyoming may have incurred by reason of the breach of
73	73	2 contract, or for any money or other property that may be
74	74	3 due on the contract. Subject to
75	75	4
76	76	5 approval he may employ specially qualified assistants or
77	77	6 counsel to aid in any investigation of such action.
78	78	7
79	79	8
80	80	9
81	81	10
82	82	11
83	83	12 The attorney general shall control all investigations and
84	84	13 actions instituted and conducted behalf of the state
85	85	14 as provided in W.S. 1-35-103 and has full discretionary
86	86	15 powers to prosecute all investigations and litigation and,
87	87	16 with the approval of
88	88	17, to settle,
89	89	18 compromise or dismiss the actions.
90	90	19
91	91	20
92	92	21
93	93	22 2025STATE OF WYOMING25LSO-07955HB0327
94	94	1
95	95	2
96	96	3 the commissioner who shall represent Wyoming upon any joint
97	97	4 commission created by Wyoming and any one (1) or more
98	98	5 states for the purpose of negotiating and entering into
99	99	6 agreements or compacts for cooperative effort and mutual
100	100	7 assistance in the prevention of crime and in the
101	101	8 enforcement of the respective criminal laws and policies of
102	102	9 Wyoming and any other state and for the establishment of
103	103	10 agencies deemed desirable for making effective any
104	104	11 agreement or compact.
105	105	12
106	106	13
107	107	14
108	108	15
109	109	16 (a) The attorney general of the state of Wyoming
110	110	17 shall be appointed by
111	111	18 with the
112	112	19 advice and consent of the senate in accordance with W.S.
113	113	20 28-12-101 through 28-12-103 and may be removed by
114	114	21
115	115	22.
116	116	23 2025STATE OF WYOMING25LSO-07956HB03271 (b) If a
117	117	2 appoints an attorney general to
118	118	3 take office prior to or during the legislative session next
119	119	4 following the
120	120	5 election, the newly appointed attorney general designee
121	121	6 shall become a member of the attorney general's staff to
122	122	7 serve as a special assistant to the governor for
123	123	8 legislative affairs. When the legislative session adjourns
124	124	9 the attorney general's term of office shall terminate.
125	125	10
126	126	11
127	127	12
128	128	13 In case of a vacancy in the office of attorney general
129	129	14
130	130	15 shall appoint a qualified person to fill
131	131	16 the vacancy in accordance with the provisions of W.S.
132	132	17 28-12-101(b).
133	133	18
134	134	19
135	135	20
136	136	21
137	137	22
138	138	23 2025STATE OF WYOMING25LSO-07957HB0327
139	139	1
140	140	2 (b) With the approval of
141	141	3 the
142	142	4 attorney general may retain qualified practicing attorneys
143	143	5 to prosecute fee-generating suits for the state if
144	144	6 expertise in a particular field is desirable.
145	145	7
146	146	8 (c) Upon the failure or refusal of any district or
147	147	9 county attorney to act in any criminal or civil case or
148	148	10 matter in which the county, state or any agency thereof is
149	149	11 a party, or has an interest, the attorney general may, at
150	150	12 the request of the board of county commissioners of the
151	151	13 county involved or of the district judge of the judicial
152	152	14 district involved, act on behalf of the county, state or
153	153	15 any agency thereof, if after a thorough investigation the
154	154	16 action is deemed advisable by the attorney general. The
155	155	17 cost of investigation and the cost of any prosecution
156	156	18 arising therefrom shall be paid out of the general fund of
157	157	19 the county where the investigation and prosecution take
158	158	20 place. The attorney general shall also, upon direction of
159	159	21
160	160	22, investigate any matter in any county
161	161	23 of the state in which the county, state or any agency 2025STATE OF WYOMING25LSO-07958HB0327
162	162	1 thereof may be interested. After investigation, the
163	163	2 attorney general shall submit a report of the investigation
164	164	3 to the governor
165	165	4 district or county attorney of each county involved and may
166	166	5 take such other action as deems
167	167	6 appropriate.
168	168	7
169	169	8
170	170	9
171	171	10
172	172	11
173	173	12
174	174	13 (b) Under the direction of
175	175	14 the
176	176	15 attorney general shall institute and pursue proceedings to
177	177	16 maintain the state's and its citizens' rights in the waters
178	178	17 of interstate streams.
179	179	18
180	180	19 (c) Upon representation to the
181	181	20 of misconduct or malfeasance in office
182	182	21 or the commission of a crime by any county officer in the
183	183	22 state and if
184	184	23 the 2025STATE OF WYOMING25LSO-07959HB0327
185	185	1 ends of justice demand or the matter will not be properly
186	186	2 investigated and prosecuted by the sheriff and by the
187	187	3 district attorney of the county,
188	188	4 may
189	189	5 direct the attorney general to investigate the case.
190	190	6
191	191	7 (d) Upon completion of the investigation, the
192	192	8 attorney general shall report the results of the
193	193	9 investigation and his recommendations to the
194	194	10. If
195	195	11 and the
196	196	12 attorney general determine that the attorney general should
197	197	13 institute a criminal or civil action, the attorney general
198	198	14 shall commence the action. The attorney general shall have
199	199	15 the authority and duty vested in district attorneys in this
200	200	16 state.
201	201	17
202	202	18
203	203	19
204	204	20 (a) With the approval of
205	205	21, the
206	206	22 attorney general may appoint assistant attorneys general
207	207	23 necessary for the efficient operation of his office. Each 2025STATE OF WYOMING25LSO-079510HB0327
208	208	1 assistant attorney general shall be a member in good
209	209	2 standing of the Wyoming bar and shall serve at the pleasure
210	210	3 of the attorney general. The assistants shall act under the
211	211	4 direction of the attorney general and his deputies. The
212	212	5 attorney general, his deputies or his assistants may appear
213	213	6 in any courts of the state or the United States and
214	214	7 prosecute or defend on behalf of the state. An appearance
215	215	8 by the attorney general or his staff does not waive the
216	216	9 sovereign immunity of the state.
217	217	10
218	218	11 (b) With the approval of
219	219	12 the
220	220	13 attorney general may appoint special assistant attorneys
221	221	14 general for any purposes. A person shall not be employed as
222	222	15 an attorney or legal counsel by any department, board,
223	223	16 agency, commission or institution of the state, or
224	224	17 represent the state in that capacity, except by the written
225	225	18 appointment of the attorney general. Written appointment of
226	226	19 the attorney general shall not be required for the
227	227	20 employment of legal counsel by elected state officials.
228	228	21
229	229	22
230	230	23 2025STATE OF WYOMING25LSO-079511HB0327
231	231	1
232	232	2 (c) With the approval of
233	233	3, the
234	234	4 attorney general shall appoint a director who is the chief
235	235	5 administrative officer and chief agent of the division.
236	236	6
237	237	7
238	238	8
239	239	9
240	240	10
241	241	11 (b) The division shall investigate:
242	242	12
243	243	13 (i) Suspected criminal activity when directed by
244	244	14the attorney general to do so;
245	245	15
246	246	16
247	247	17
248	248	18
249	249	19
250	250	20 (a) A director of the Wyoming law enforcement academy
251	251	21 shall be appointed by the attorney general with the consent
252	252	22 of
253	253	23. The director shall serve at the 2025STATE OF WYOMING25LSO-079512HB0327
254	254	1 pleasure of the attorney general. shall
255	255	2 have administrative and operational experience in criminal
256	256	3 justice and such other qualifications as are satisfactory
257	257	4 to the attorney general.
258	258	5
259	259	6 (b) The director may employ assistants, instructors
260	260	7 and other personnel as approved by the attorney general
261	261	8 with the consent of
262	262	9. The attorney
263	263	10 general may appoint the director as a peace officer, if
264	264	11 qualified pursuant to W.S. 9-1-701 through 9-1-707. The
265	265	12 director may appoint full-time staff instructors who
266	266	13 qualify pursuant to W.S. 9-1-701 through 9-1-707 to perform
267	267	14 as peace officers. Persons appointed as peace officers
268	268	15 pursuant to this subsection shall be considered peace
269	269	16 officers only:
270	270	17
271	271	18
272	272	19
273	273	20
274	274	21
275	275	22 (b) With the approval of the governor, he attorney
276	276	23 general shall appoint a director who is the chief 2025STATE OF WYOMING25LSO-079513HB0327
277	277	1 administrative officer of the division. The director is
278	278	2 responsible to the attorney general for the operation of
279	279	3 the division and shall serve at the pleasure of the
280	280	4 attorney general.
281	281	5
282	282	6 (c) With the consent of the attorney general
283	283	7
284	284	8 director may:
285	285	9
286	286	10
287	287	11
288	288	12
289	289	13 (a) There is created an account known as the "federal
290	290	14 natural resource policy account." Funds within the account
291	291	15 may be expended by the governor on behalf of the state of
292	292	16 Wyoming and its local governments, to take any of the
293	293	17 actions specified in this subsection related to federal
294	294	18 land, water, air, mineral and other natural resource
295	295	19 policies which may affect the tax base of the state,
296	296	20 wildlife management, state species, recreation, private
297	297	21 property rights, water rights or leasehold rights. Funds
298	298	22 also may be expended for preparing and participating in
299	299	23 environmental impact statements and environmental 2025STATE OF WYOMING25LSO-079514HB0327
300	300	1 assessments, including analysis of economic or social and
301	301	2 natural or physical environmental effects on the human
302	302	3 environment. Funds also may be expended for coordinating
303	303	4 and participating in rangeland health assessments pursuant
304	304	5 to W.S. 11-2-207. The governor may expend funds from the
305	305	6 federal natural resource policy account for:
306	306	7
307	307	8 (iii) Investigating, initiating, intervening or
308	308	9 otherwise participating in litigation, or taking any other
309	309	10 legal action by the state, a state agency or the counties
310	310	11 of the state individually or jointly, that furthers the
311	311	12 purposes of this subsection. In carrying out this
312	312	13 subsection, the attorney general
313	313	14
314	314	15 or the counties, with approval of the governor, may
315	315	16 retain qualified practicing attorneys to act for the state
316	316	17 or the counties, including providing representation in
317	317	18 other forums with the federal government or other state or
318	318	19 county governments that may preclude or resolve any
319	319	20 outstanding issues or attempting to influence pertinent
320	320	21 federal legislation;
321	321	22
322	322	23 2025STATE OF WYOMING25LSO-079515HB0327
323	323	1
324	324	2 The attorney general may seek to intervene or file an
325	325	3 amicus curiae brief in any lawsuit filed in any state or
326	326	4 federal court in Wyoming, or filed against any Wyoming
327	327	5 citizen or firm in any other jurisdiction for damages for
328	328	6 injuries as a result of the use of that
329	329	7 are not defective, if in his judgment, the action endangers
330	330	8 the constitutional right of citizens of Wyoming to keep and
331	331	9 bear arms. The attorney general is directed to advance
332	332	10 arguments that protect the constitutional right to bear
333	333	11 arms. Before intervening in any lawsuit pursuant to this
334	334	12 section, the attorney general shall obtain the approval of
335	335	13
336	336	14.
337	337	15
338	338	16
339	339	17
340	340	18 (c) The attorney general may seek to take action
341	341	19 before the federal environmental protection agency, the
342	342	20 federal occupational safety and health administration or
343	343	21 in any state or federal court
344	344	22 to stop the enforcement, administration or implementation
345	345	23 of rulemaking or other actions taken by 2025STATE OF WYOMING25LSO-079516HB0327
346	346	1 if, in his judgment, the rulemaking or other
347	347	2 action exceeds the authority granted by the United States
348	348	3 congress or otherwise rests on questionable authority.
349	349	4 Before intervening in or initiating any lawsuit pursuant to
350	350	5 this section, the attorney general shall obtain the
351	351	6 approval of
352	352	7.
353	353	8
354	354	9
355	355	10
356	356	11
357	357	12
358	358	13 (h) With the approval of
359	359	14, the
360	360	15 attorney general shall seek to intervene in any lawsuit if
361	361	16 a federal action is contrary to the state's policy
362	362	17 regarding Wyoming bighorn/domestic sheep set forth in
363	363	18 subsections (a) and (b) of this section or that is
364	364	19 inconsistent with the Wyoming bighorn/domestic sheep plan.
365	365	20
366	366	21 (j) With the approval of
367	367	22, the
368	368	23 attorney general shall file an action against any federal 2025STATE OF WYOMING25LSO-079517HB0327
369	369	1 agency to stop the enforcement, administration or
370	370	2 implementation of any federal agency rule, instructional
371	371	3 memo, handbook or other action taken by a federal agency if
372	372	4 the rule, instructional memo, handbook or other action is
373	373	5 contrary to the Wyoming bighorn/domestic sheep plan or is
374	374	6 otherwise contrary to law.
375	375	7
376	376	8
377	377	9
378	378	10
379	379	11
380	380	12
381	381	13 (a) Whenever it appears to
382	382	14 on the
383	383	15 verified complaint of qualified electors or the board of
384	384	16 county commissioners of the county that any county officer
385	385	17 is guilty of misconduct or malfeasance in office
386	386	18
387	387	19 may direct the attorney general to commence and
388	388	20 prosecute an action in the district court of the county in
389	389	21 which the officer is an official asking for the removal of
390	390	22 the officer. The action shall be commenced by the filing of
391	391	23 a verified petition in the name of the state of Wyoming 2025STATE OF WYOMING25LSO-079518HB0327
392	392	1 signed by the attorney general setting forth the facts
393	393	2 constituting the misconduct or malfeasance in office.
394	394	3
395	395	4
396	396	5
397	397	6
398	398	7 (a) The governor, or the state loan and investment
399	399	8 shall submit to
400	400	9 the senate the name, address and occupation of each person
401	401	10 he proposes for appointment to public office and for which
402	402	11 senate advice and consent is required under either the
403	403	12 constitution or laws of this state. In addition and for
404	404	13 those appointments for which political party affiliation is
405	405	14 specified by law, the governor shall provide the senate
406	406	15 with documentation of compliance with W.S. 9-1-218(e). The
407	407	16 information required by this section shall be submitted to
408	408	17 the senate by:
409	409	18
410	410	19 (b) The governor, or the state loan and investment
411	411	20 may fill any
412	412	21 vacancy occurring between sessions of the legislature by
413	413	22 temporary appointment to be effective until March 1 of the
414	414	23 ensuing calendar year. 2025STATE OF WYOMING25LSO-079519HB0327
415	415	1
416	416	2
417	417	3
418	418	4
419	419	5 (b) After review of nominees in accordance with
420	420	6 subsection (a) of this section, the senate, within five (5)
421	421	7 legislative working days after submission by roll call
422	422	8 vote, shall confirm or reject each gubernatorial
423	423	9 nominee requiring the advice and
424	424	10 consent of the senate.
425	425	11
426	426	12 (c) If the senate does not consent to a nominee for a
427	427	13 given office, the governor, or state loan and investment
428	428	14 shall submit the
429	429	15 name, address and biography of another person for senate
430	430	16 consideration if the legislature is still in session. If
431	431	17 the legislature has adjourned, the governor, or state loan
432	432	18
433	433	19 may make a temporary appointment as provided in W.S.
434	434	20 28-12-101(b). No person rejected by the senate shall be
435	435	21 appointed to or serve in, either temporarily or otherwise,
436	436	22 the public office for which his nomination was rejected.
437	437	23 2025STATE OF WYOMING25LSO-079520HB03271
438	438	2
439	439	3 The attorney general by and with the consent of
440	440	4
441	441	5 may employ such personnel as necessary to
442	442	6 administer this act. Such personnel shall serve at the
443	443	7 pleasure of the attorney general at such compensation as
444	444	8 may be approved by the Wyoming personnel division. Said
445	445	9 personnel shall be assigned such duties as may be necessary
446	446	10 to assist the commissioner in the performance of his
447	447	11 responsibilities under this act for the efficient operation
448	448	12 of the work of the office.
449	449	13
450	450	14
451	451	15
452	452	16 (a) When, in the opinion of
453	453	17, a
454	454	18 person is violating or is about to violate any provision of
455	455	19 this article,
456	456	20 shall direct the attorney
457	457	21 general to apply to the appropriate court for an order
458	458	22 enjoining the person from engaging or continuing to engage
459	459	23 in the activity. Upon a showing that the person has 2025STATE OF WYOMING25LSO-079521HB0327
460	460	1 engaged, or is about to engage in the activity, the court
461	461	2 may grant a permanent or temporary injunction, restraining
462	462	3 order or other order.
463	463	4
464	464	5
465	465	6 appoint an attorney general not later than January 31, 2026
466	466	7 for confirmation consideration by the Wyoming Senate during
467	467	8 the 2026 Budget Session. The attorney general serving at
468	468	9 the time an attorney general is confirmed by the Senate
469	469	10 shall cease serving at the time of confirmation unless that
470	470	11 person is confirmed by the Senate as attorney general.
471	471	12
472	472	13The state loan and investment board shall
473	473	14 promulgate all rules necessary to implement this act.
474	474	15
475	475	16This act is effective January 1, 2026.
476	476	17
477	477	18 (END)