(a) Repealed by Laws 1988, ch. 66, § 2.
(b) The management council may refer the review report to the legislative interim or standing committee which sponsored or handled the legislation which is the authority relied on for the rule being reviewed. If the legislation was not sponsored by a legislative committee, the review report may be referred to the joint interim committee which corresponds to the standing committee that handled the legislation in the house in which the legislation was introduced. The standing or interim committee to which the review report is referred may make recommendations to and assist the council in preparing recommendations to the agency which adopted or proposed the rule being reviewed.
28-9-106. Council recommendations to the agency; time.
(a) The council shall submit its approval or its recommendations for amendment or rescission to the governor and to the agency which submitted the rule.
(b) The governor, within fifteen (15) days after receiving any council recommendation, shall either order that the rule be amended or rescinded in accordance with the council's recommendation or file with the council in writing his objections to the recommendation.
28-9-107. Legislative orders; action required; implementation and enforcement of rules.
(a) If the council determines that a rule submitted for review under W.S. 28-9-103(b) does not satisfy one (1) or more of the criteria of W.S. 28-9-104(c), the council may introduce legislation in the next succeeding legislative session following the review to obtain a legislative order to prohibit the implementation or enforcement of the rule.
(b) Repealed by Laws 1988, ch. 66, § 2.
(c) If the legislature, each house voting separately, approves a legislative order to prohibit the implementation or enforcement of any rule, the rule is null and void and shall not be implemented or enforced. If the legislature fails to approve a legislative order prohibiting the implementation or enforcement of a rule, the rule may be implemented or enforced, as the case may be, after compliance with all other applicable provisions of law.
(d) If the council, management audit committee, a joint interim committee or any legislator determines that it is appropriate after reviewing the results of the analysis completed under W.S. 28-9-109, the council, a joint interim committee or any legislator may introduce legislation in the next succeeding legislative session following the completion of the analysis to obtain a legislative order to prohibit the implementation or enforcement of the major rule.
28-9-108. Submitting rules to legislative service office required.
No rule shall be filed with the secretary of state pursuant to the Wyoming Administrative Procedure Act, except an emergency regulation adopted as provided by W.S. 16-3-103(b), unless the rule has been submitted to the legislative service office for review as provided by this act.
(a) The legislative service office shall review each major rule submitted under this act and report the review in accordance with this section.
(b) For each major rule submitted under this act, the legislative service office shall:
(i) Not later than fifteen (15) days after the major rule was submitted under W.S. 28-9-103(b), provide the major rule to each member of the legislature;
(ii) Not later than the time specified in subsection
(e) of this section, complete a regulatory impact analysis in accordance with subsection (c) of this section.
(c) Each regulatory impact analysis of a major rule shall include:
(i) A statement of need for the major rule, provided by the agency promulgating the major rule;
(ii) The statutory authority for the promulgation of the major rule;
(iii) An examination of alternatives to the enactment of the major rule;
(iv) An evaluation of the costs and benefits for the major rule, including:
(A) Estimated primary or direct benefits accruing as a result of the major rule;
(B) Estimated cost savings or financial benefits to the state and its residents and businesses;
(C) Estimated compliance costs for regulated entities subject to the major rule;
(D) Estimated secondary or indirect costs associated with the major rule;
(E) Estimated effect on state revenue;
(F) Estimated effect on state expenditures, including estimated administrative expenses;
(G) Estimated opportunity costs. For purposes of this subparagraph, the cost of compliance in terms of any resulting removal of private capital from the market shall be included in the analysis;
(H) The sources consulted to complete the analysis;
(J) Key assumptions made and sources of uncertainty with the analysis;
(K) Any other information the legislative service office determines would be beneficial for legislative consideration of the major rule.
(d) Upon completing a regulatory impact analysis, the legislative service office shall provide the analysis to each member of the legislature and shall make the analysis available to the public.
(e) The legislative service office shall complete each regulatory analysis not later than fifty (50) days after the major rule was submitted for review under W.S. 28-9-103(b).
(f) To the extent resources are available, the council may direct the legislative service office to perform a regulatory impact analysis for any existing major rule.
(g) The legislative service office may request any information, expertise or assistance from an agency promulgating a major rule. Upon receiving a request under this subsection, the agency shall provide all information and assistance necessary for the legislative service office to complete the regulatory impact analysis required under this section.
(h) "Major rule" means a rule, including an emergency rule, designated by management council under W.S. 28-9-109 that will result in or is likely to result in one (1) or more of the following:
(i) An annual impact on the economy of Wyoming that will result in direct or indirect costs of not less than one million dollars ($1,000,000.00);
(ii) Significant adverse effects on competition, employment, investment, productivity or innovation in the state, including significant adverse effects on individual industries or regions within Wyoming.
28-11-101. Appointment of members; powers and duties; related duties of water development commission.
(a) Not later than March 31 following each general election, a select water committee shall be appointed subject to the following:
(i) The president of the senate shall appoint six (6) members of the senate apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the senate, provided not more than five (5) of the members shall be from the same political party;
(ii) The speaker of the house of representatives shall appoint six (6) members of the house apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the house, provided not more than five (5) of the members shall be from the same political party;
(iii) Insofar as possible, of the six (6) members appointed from each house, one (1) shall reside in and be appointed from each of the four (4) water divisions in the state and two (2) at large. The presiding officer may appoint three (3) of the six (6) members at large, provided that no more than two (2) members shall reside in the same water division.
(b) The select committee shall:
(i) Select from among its members a chairman and vice-chairman;
(ii) Monitor water development commission progress with regard to projects specified in Chapter 60, 1982 Session Laws and other projects specified by law;
(iii) Prepare and submit to the joint agriculture, state and public lands and water resources interim committee as part of the report required of the water development commission under W.S. 41-2-118(a) not later than January 1 of each year a report detailing the water development commission's progress, the activities of the committee, specifying any committee recommendations and continue development of a water policy as provided by Section 15, Chapter 60, 1982 Session Laws;
(iv) Repealed by Laws 1986, ch. 113, § 14.
(v) Review the budgets of all projects and make recommendations regardless of funding source.
(c) The water development commission shall:
(i) Provide the select committee with notice of all commission meetings. The select committee and the commission may hold joint meetings;
(ii) Not enter into any contract or contract amendment involving the expenditure of more than five thousand dollars ($5,000.00) of any funds authorized for any project under Chapter 60, 1982 Session Laws or under W.S. 41-2-114, until thirty (30) days after the contract or contract amendment has been submitted to the legislative service office for distribution to members of the select committee for review and recommendation;
(iii) Provide information to the select committee upon request to assist the select committee to monitor progress.
(d) The select committee may:
(i) Secure consulting services, if necessary, to provide technical assistance in inspecting and reviewing construction projects, drilling programs, budgets or other issues related to the water projects approved by the legislature;
(ii) Review the budgets prepared by the water development commission for each separate water project under its control;
(iii) Inspect any construction, drilling or waterworks on approved water projects.
28-11-201. Appointment of members; powers and duties.
(a) Not later than March 31 following each general election, the president of the senate shall appoint six (6) members of the senate, and the speaker of the house of representatives shall appoint six (6) members of the house to a select committee on capital financing and investments. Appointments to the committee by each presiding officer shall reflect as nearly as possible the percentage of the elected membership of the majority and minority parties of each house, provided that not more than five (5) members appointed by each presiding officer shall be from the same political party.
(b) The select committee shall:
(i) Select from among its members a chairman and vice-chairman;
(ii) Monitor the establishment and implementation of state investment policy by the state loan and investment board under W.S. 9-4-716, including the extent to which investment goals are being achieved;
(iii) Monitor the establishment and implementation of state capital financing policy by the state building commission and any other state entity charged with capital financing;
(iv) Prepare and submit recommendations to the legislature, including sponsoring legislation, to improve statutes related to the investment of state and local government funds;
(v) Develop knowledge and expertise among its members regarding issues related to investment of public funds and capital financing;
(vi) Monitor state funds invested for a specific public purpose authorized or directed by the legislature.
(c) The state loan and investment board shall:
(i) Provide the select committee with notice and minutes of all board meetings. The select committee and the board may hold joint meetings;
(ii) Provide information to the select committee upon request to assist the select committee to monitor progress.
(d) The select committee may:
(i) Secure consulting services, if necessary, to provide technical assistance regarding state investment policy;
(ii) Review budgets and expenditures related to any aspect of state investment policy and its implementation;
(iii) Review budgets and expenditures related to any aspect of state capital financing policy and its implementation.
28-11-301. Appointment of members; powers and duties; related duties of school facilities commission.
(a) Not later than March 31 following each general session, the president of the senate shall appoint five (5) members of the senate and the speaker of the house shall appoint five (5) members of the house to a select committee on school facilities. Appointments to the committee by each presiding officer shall reflect as nearly as possible the percentage of the elected membership of the majority and minority parties of each house, provided that not more than four (4) members appointed by each presiding officer shall be from the same political party.
(b) The select committee shall:
(i) Select from among its members a chairman and vice-chairman;
(ii) Meet at least quarterly;
(iii) Monitor the assessment of statewide school facility needs, prioritization of these needs and remediation of identified needs, as undertaken by the school facilities commission and the state construction department pursuant to title 21 of Wyoming statutes;
(iv) Develop knowledge and expertise among its members regarding issues pertaining to school facilities and commission and state construction department programs and procedures to maintain statewide facility adequacy;
(v) Not later than November 1 of each year, prepare and submit budget recommendations based upon information reported by the commission and the state construction department under W.S. 21-15-119 and 21-15-121, addressing statewide building and facility needs to the joint appropriations committee and the governor. Based upon reports submitted under W.S. 21-15-119 and 21-15-121, the select committee may report recommendations to the legislature including any necessary implementing legislation;
(vi) Review commission proposals for rules and regulations and provide recommendations to the commission concerning the proposed regulations.
(c) The state construction department shall:
(i) Provide the select committee with notice of all school facilities commission meetings;
(ii) Provide the committee with school facilities commission and department reports and studies pertaining to school building and facility remediation projects;
(iii) Provide information to the select committee upon request to assist the select committee in monitoring progress under paragraph (b)(iii) of this section and in reviewing budget recommendations under paragraph (b)(v) of this section;
(iv) Using accepted accounting standards, account for all funds appropriated by the legislature for each fiscal period and not less than four (4) times during each fiscal year, report expenditures of appropriated amounts and separately identify and report any expenditures which are modified from those amounts specified within the proposed budget submitted to the select committee under W.S. 21-15-119. Any modification of expenditures of legislative appropriations pursuant to W.S. 21-15-119(c) shall be separately identified and reported to the select committee, shall be executed only upon the express approval and authorization of the school facilities commission, shall be within the sole authority of the commission and shall not be delegated by the commission.
(d) The select committee may review the budgets prepared by the school facilities commission for each separate project contained within the total budget request submitted under W.S. 21-15-119 and may request additional documentation associated with the development of the project for inclusion within the budget request.
28-11-401. Appointment of members; powers and duties;
related duties of the wildlife and natural resource trust account board and the outdoor recreation and tourism trust account board.
(a) Not later than March 15 following each general election, a select natural resource funding committee shall be appointed subject to the following:
(i) The president of the senate shall appoint three (3) members of the senate apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the senate, provided not more than two (2) of the members shall be from the same political party;
(ii) The speaker of the house of representatives shall appoint three (3) members of the house apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the house, provided not more than two (2) of the members shall be from the same political party.
(b) The select committee shall:
(i) Select from among its members two (2) members to serve as co-chairmen;
(ii) Monitor wildlife and natural resource trust account board progress with regard to projects specified in W.S. 9-15-101 et seq. and other projects specified by law;
(iii) Review the budgets of all projects funded from the wildlife and natural resource trust income account as created in W.S. 9-15-103(b) and sponsor legislation to fund expenditures from the account as recommended by the select committee;
(iv) Monitor the outdoor recreation and tourism trust account board's progress with regard to projects specified in W.S. 36-4-201 et seq. and other projects specified by law;
(v) Review the budgets of all projects funded from the outdoor recreation and tourism trust income account as created in W.S. 36-4-203(b) and sponsor legislation to fund expenditures from the account as recommended by the select committee.
(c) The wildlife and natural resource trust account board and the outdoor recreation and tourism trust account board shall:
(i) Provide the select committee with notice of all board meetings. The select committee may hold joint meetings with either or both boards;
(ii) Provide information to the select committee upon request to assist the select committee to monitor progress of projects.
(d) The select committee may:
(i) Secure consulting services, if necessary, to provide technical assistance in reviewing project grant applications, budgets or other issues related to projects funded under this act;
(ii) Review the project grant applications for large projects forwarded by the wildlife and natural resource trust account board;
(iii) Review the project grant applications for large projects forwarded by the outdoor recreation and tourism trust account board.
28-11-501. Appointment of members; powers and duties.
(a) Not later than March 15 following each general election, a select federal natural resource management committee shall be appointed subject to the following:
(i) The president of the senate shall appoint three (3) members of the senate apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the senate, provided not more than five (5) of the members of the select committee shall be from the same political party. Select committee membership shall include:
(A) One (1) member of the senate agriculture, state and public lands and water resources committee;
(B) One (1) member appointed at-large; and
(C) One (1) member of the senate minerals, business and economic development committee.
(ii) The speaker of the house of representatives shall appoint three (3) members of the house apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the house, provided not more than five (5) of the members of the select committee shall be from the same political party. Select committee membership shall include:
(A) One (1) member of the house agriculture, state and public lands and water resources committee;
(B) One (1) member appointed at-large; and
(C) One (1) member of the house minerals, business and economic development committee.
(b) The select committee shall:
(i) Select from among its members one (1) senator and one (1) member of the house to serve as co-chairmen;
(ii) Meet as necessary to review existing or proposed federal policies or action which may impact the management, development or use of the state's natural resources;
(iii) Consider issues related to public lands. In considering the topic, the select committee:
(A) Shall determine the potential structure of ownership of public lands within the state including consideration of the state owning the surface rights, owning the subsurface rights, managing either the surface or subsurface, or both, or other ownership and management options as determined by the committee;
(B) Shall determine criteria for management of public lands including consideration of rights currently existing under federal law;
(C) Shall consider methods for the federal government to divest public lands held within the state including consideration of legal action and congressional action;
(D) May secure consulting services, if necessary, to provide technical assistance in compiling information related to public lands within the state or other issues related to the transfer of public lands.
(iv) Develop and introduce legislation as necessary related to the acquisition or management of public lands and legislative responses to federal policies and actions necessary to protect the interests of the state of Wyoming.
(c) As used in this section, "public lands" means any surface or subsurface lands within the boundaries of the state, title to which is held by the federal government. "Public lands" shall not include any land within the boundaries of a designated national park, designated national monument or wilderness area designated under the national wilderness preservation system.
28-11-601. Appointment of members; powers and duties.
(a) Not later than March 15 following each general election, a select committee on tribal relations shall be appointed subject to the following:
(i) The president of the senate shall appoint three (3) members of the senate apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the senate, provided not more than two (2) of the members shall be from the same political party. The president of the senate shall designate a co-chairman of the select committee;
(ii) The speaker of the house of representatives shall appoint three (3) members of the house apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the house, provided not more than two (2) of the members shall be from the same political party. The speaker of the house shall designate a co-chairman of the select committee.
(b) The select committee shall:
(i) Develop knowledge and expertise among its members regarding matters pertaining to Indian tribes in the state and services and needs on the Wind River Indian Reservation. Consideration of the topics in this paragraph shall include health and safety, water, education, transportation, gaming, communications, law enforcement and legal services, infrastructure, land and resources, minerals, revenue, economic development and other issues that are a concern to the residents on and near the Wind River Indian Reservation as approved by management council;
(ii) Facilitate and foster communication and robust working relationships among state, tribal, federal and local entities and pursue opportunities for encouraging economic growth, nondiscrimination and wellbeing for residents of the Wind River Indian Reservation and neighboring communities;
(iii) Develop and introduce legislation as necessary. If any draft legislation developed by the select committee relates to a topic area of a joint interim committee the legislation shall be submitted to the appropriate legislative committee for comment and consideration prior to the joint interim committee's last scheduled interim meeting.
28-11-701. Appointment of members; powers and duties; executive branch liaisons.
(a) Not later than March 15 following each general election, a select committee on blockchain, financial technology and digital innovation technology shall be appointed subject to the following:
(i) The president of the senate shall appoint four (4) members of the senate apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the senate, provided not more than three (3) of the members shall be from the same political party. The president of the senate shall designate a co-chair of the select committee;
(ii) The speaker of the house of representatives shall appoint four (4) members of the house apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the house, provided not more than three (3) of the members shall be from the same political party. The speaker of the house shall designate a co-chair of the select committee.
(b) The select committee shall:
(i) Develop knowledge and expertise among its members regarding issues pertaining to blockchain, financial technology and digital innovation technology;
(ii) Develop and introduce legislation as necessary to promote blockchain, financial technology and digital innovation in Wyoming unless the legislation relates to Title 13 of the Wyoming statutes, in which case the legislation shall be recommended to the joint minerals, business and economic development interim committee for consideration.
(c) Not later than March 15 following each general election, the governor shall appoint three (3) persons to serve as liaisons to the select committee on blockchain, financial technology and digital innovation technology. The governor may, in a manner consistent with W.S. 9-1-202, remove any liaison to the select committee. The liaisons shall:
(i) Aid, assist and advise the select committee on issues pertaining to blockchain, financial technology and digital innovation technology;
(ii) Except as otherwise provided in this paragraph, serve without salary but may, at the governor's discretion, receive per diem and mileage or actual expenses for attending meetings in the manner and amounts provided by law for state employees. Members who are government employees shall be considered on official business of their agency when performing duties as liaisons to the select committee.
(a) The governor 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:
(i) Noon on the thirtieth legislative working day during the general and budget session; and
(ii) Noon on the twelfth legislative working day during the budget session.
(b) The governor 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 gubernatorial appointments; procedure; roll call vote required.
(a) The senate, in a manner it determines, shall review the qualifications of each person whose name is submitted to it for consideration in accordance with W.S. 28-12-101(a).
(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 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 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 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.
Notwithstanding any other provision of law, effective July 1, 1979, after the expiration of the current term of office of each person appointed by the governor and required to be confirmed by the senate, the next term of that office expires on March 1 during the year of regular expiration. Thereafter, each term, as specified in this section, and each term of office on any board, commission or committee created by the laws of this state after July 1, 1979, and for which senate confirmation is required, expires on March 1 during the year of regular expiration. Notwithstanding the provisions of this section, the term of an attorney general serving pursuant to W.S. 9-1-601(b) shall terminate as provided by that subsection.