SF0085

Failed

Constitutional enforcement of localities.

Require the Attorney General to investigate local government violations of state law and withhold funds from non-compliant counties, cities, and towns.

Full legal title

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.

Government

Sponsor:

Co-sponsors: Representative(s) Locke, Pendergraft, Wharff, Senator(s) French, Laursen, D, McKeown, Smith, D

View on wyoleg.gov Introduced Text (PDF)Digest (PDF)Fiscal Note (PDF)

What does this bill do?

Establishes a process for the Attorney General to investigate local government violations of state law or the Wyoming Constitution and withhold state revenues from non-compliant counties, cities, and towns.

Allows one or more legislators to request the Attorney General investigate ordinances, regulations, or official actions by counties, cities, or towns that allegedly violate state law or the Wyoming Constitution. (W.S. 9-14-601(a))
Requires the Attorney General to issue a written report of findings and conclusions within 30 days of receiving a legislative request and distribute the report to the Governor, legislative leaders, the requesting legislator(s), and the Secretary of State. (W.S. 9-14-601(b))
Mandates that legislators provide written notice of an alleged violation to the county, city, or town's chief executive officer or governing body before requesting an Attorney General investigation, and allows investigation only if the violation is not resolved within 60 days. (W.S. 9-14-601(c))
When the Attorney General finds a violation, provides 30 days notice via certified mail for the local government to resolve the violation. (W.S. 9-14-601(b)(i))
Authorizes the state treasurer to withhold undistributed state revenues from the violating county, city, or town if the violation is not resolved within 30 days of notice. (W.S. 9-14-601(b)(i)(A), W.S. 39-15-111(r), W.S. 39-16-111(p))
Requires the Attorney General to monitor the local government's response and notify the state treasurer to resume revenue distribution once the violation is resolved or repealed. (W.S. 9-14-601(b)(i)(B))
Specifies that withheld funds shall be held in the state general fund and revert to the general fund at the end of the fiscal biennium, but preserves the state treasurer's ability to not withhold amounts necessary for debt service on pre-violation bonds or long-term obligations. (W.S. 39-15-111(r), W.S. 39-16-111(p))
Provides that the remedies in this statute are exclusive for actions brought under it, but does not prohibit other statutory or common-law actions against violative local government actions.