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SF 85

Constitutional enforcement of localities.

2025 Regular Session Introduced by Tim French and 7 co-sponsors

SF 85 would let the Wyoming Attorney General investigate counties, cities, and towns for state-law or constitutional violations and withhold state distributions until compliance.

S COW:Failed 6-23-2-0-0
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Bill Summary · SF 85

Summary — SF 85: Constitutional enforcement of localities

Status: Senate Committee of the Whole — Failed (2/4/2025)
Introduced: January 22, 2025
Primary Sponsors: Senators Petersen and Ide; cosponsors French, Locke, Smith (D), Laursen (D), Pendergraft, Wharff, McKeown

Purpose

SF 85 would create a statutory process empowering the Wyoming Attorney General to investigate alleged violations of state law or the Wyoming Constitution by counties, cities, or towns and (if a violation is found and not cured) to trigger withholding of certain state-distributed revenues to the offending locality until compliance.

Key provisions

  • Creates W.S. 9‑14‑601 establishing procedure for investigating alleged violations by local governing bodies.
    • One or more members of the Legislature may request the Attorney General (AG) to investigate an ordinance, regulation, order or other official action of a county, city or town alleged to violate state law or the state constitution.
    • Before a legislator may request an AG investigation, the legislator must first notify the affected locality and give it 60 days to repeal or otherwise resolve the alleged violation.
    • The AG must complete a written report of findings within 30 days of receiving a valid request and provide copies to the governor, presiding legislative officers, the requesting legislator(s) and the secretary of the legislature.
    • If the AG finds a violation, the AG must notify the locality by certified mail and give it 30 days (the bill makes that a 30 “business”/“working” day period in committee amendments) to resolve the violation.
    • If unresolved after that period, the AG must notify the State Treasurer to withhold undistributed state revenues from the identified county, city or town.
    • When the violation is resolved, the AG notifies state leaders and the State Treasurer to resume distributions.
    • If the AG finds no violation, no action is taken.
  • Amends distribution statutes (W.S. 39‑15‑111 and 39‑16‑111) by adding new subsections ((r) and (p)) authorizing the State Treasurer to withhold distributions under notice from the AG.
    • The Treasurer is prohibited from withholding amounts the locality certifies as necessary to meet required debt service or other long‑term payment obligations.
  • Specifies that funds withheld are to be held in the General Fund (and language contemplates reversion to the General Fund at the end of the relevant fiscal period).
  • Section clarifies remedies provided in the new article are the exclusive remedies for actions brought under that article but does not preclude other statutory or common-law actions more generally.

Who is affected

  • Counties, cities and towns whose ordinances/regulations/orders are alleged to violate state law or the Wyoming Constitution (potentially subject to withholding of state-shared revenues).
  • State Treasurer, Department of Revenue and Attorney General (administrative responsibilities).
  • Legislators (may initiate the investigation after required notice period).

Fiscal impact

  • Fiscal Note: Indeterminable. Withholding could increase General Fund receipts and decrease local government revenues by an unknown amount (sales/use tax distributions). Operational impact on the AG’s Office is indeterminable due to unknown number of legislator requests. The Department of Revenue would hold warrants/distributions and release them upon compliance.

Legislative action / timeline highlights

  • Referred to Senate Revenue Committee (recommend amend & do pass, 3–2).
  • Committee amendments considered to clarify “thirty (30) business/working days.”
  • Placed on Senate General File; failed in Senate Committee of the Whole (S COW) on 2/4/2025 (vote: Ayes 6, Nays 23, Excused 2).

Compiled from official sources — confirm details with the bill’s official record.

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