Chapter 8 - Legislative Service Office - Wyoming Statutes

CHAPTER 8 - LEGISLATIVE SERVICE OFFICE

 

28-8-101. Creation; composition.

 

Thereis created the legislative service office within the legislative branch ofgovernment hereinafter referred to as the "office". The office shallbe composed of the services division and the audit division.

 

28-8-102. Management council; membership; vacancies; meetings; rulesand regulations; quorum; officers.

 

 

(a) Activities of the office shall be directed by a managementcouncil composed of the president, vice president, majority and minority floorleaders or their respective designees of the senate, plus two (2) senatorsselected at large not more than one (1) of which shall be from the samepolitical party as the president; and the speaker, speaker pro tempore,majority and minority floor leaders or their respective designees of the houseplus two (2) representatives selected at large, not more than one (1) of whichshall be from the same political party as the speaker. The two (2) senatorsselected at large shall be selected by caucus of the two (2) major politicalparties in the senate, meeting separately, and the (2) representatives selectedat large shall be selected by caucus of the two (2) major political parties ofthe house, meeting separately. These twelve (12) members shall select one (1)additional member at large from the house of which the chairman of the managementcouncil is not a member. The member at large shall not be from the same partyas the chairman of the management council. Chairmanship of the managementcouncil shall be rotated between the house and senate after each two (2) yearsession so that the chairman shall not be from the same house as the chairmanwho served for the preceding legislative term. The members of the managementcouncil shall be the legislative representatives in directing the day-to-dayfunctions of the office and the entire membership of the legislature shall havethe ultimate control and supervision over policy of the office.

 

(b) Succeeding management councils shall be composed of saidofficers serving during the legislative session. Membership on the managementcouncil shall terminate upon qualification of a member's successor or upon thetermination of the member's position held within his respective chamber,whichever first occurs. Vacancies occurring by reason of refusal or inabilityto serve during a period when the legislature is or is not in session, or forany other reason, shall be filled by a member of the body through appointmentby a majority vote of the remaining members on the council of his politicalparty. The council shall keep minutes of its meetings, which shall be availableto all members of the legislature upon request. Any member of the legislatureshall have the right to attend any of the meetings of the management counciland may present his views on any relevant subject.

 

(c) The management council may promulgate reasonable rules andregulations for the internal management of the office, including the respectiveduties of the director and the staff. The rules of practice comprised inMason's Manual of Legislative Procedure shall govern the management council,all interim committees, and investigative committees in all cases in which theyare not inconsistent with the rules and orders as specifically adopted by themanagement council.

 

(d) The management council shall meet promptly following itscreation. A majority of the management council shall constitute a quorum fortransaction of business. It shall elect a chairman, vice-chairman and secretaryfrom among its membership. The chairman and vice-chairman shall not be membersof the same body.

 

28-8-103. Director and staff.

 

Themanagement council shall appoint by majority vote a director of the office. Thedirector, subject to the prior approval of the management council, shallappoint an assistant director of legislative services and an assistant directorof audit services. The director shall appoint such additional professional,technical and clerical staff as necessary to perform the functions assigned tothe office. The director and staff shall be selected without reference topolitical affiliation and shall serve at the pleasure of the appointingauthority. They shall be paid salaries and receive necessary expenses asdetermined by the management council.

 

28-8-104. Direction by legislature during sessions; joint interimcommittees; requests for services; establishment of priorities; appointment ofselect committees; vacancies; enlarging committees.

 

 

(a) The legislature during regular or special session maydirect the director and his staff to perform such studies, duties or servicesas the legislature may prescribe.

 

(b) When the legislature is not in regular or special session,the respective standing committees of the house and senate shall function asjoint interim committees. Each of these interim committees may request theoffice to perform specific studies and services for the interim committeeconditioned only upon receipt of prior approval of the committee's request bythe management council. All priorities based upon limitation of time andappropriation of the office shall be established by the management council andfollowed by the interim committees and individual legislators. Any specificstudy or service that is approved by the management council, including billdrafting and prefiling, shall be done under the supervision of the appropriateinterim committee or the individual legislator.

 

(c) The management council shall have the right, when a jointinterim committee is not performing its assigned study or a special study isdesired, to appoint a select committee of not less than three (3) memberswithout regard to its house or senate makeup to carry out the duties of theinterim committee or the special study.

 

(d) The management council shall have the right to fill anyvacancy or enlarge any committee to facilitate any assigned studies conductedduring the interim.

 

28-8-105. Duties of director and services division; prefiling bills;fiscal notes.

 

 

(a) It shall be the duty of the director, through the servicesdivision of the office, to perform the following specific functions, togetherwith such other functions as the council may prescribe:

 

(i) Provide information during the legislative session andinterim periods for any legislative, interim or standing committee orindividual legislator;

 

(ii) Provide for and use an automated bill-drafting system;

 

(iii) Aid any legislator in drafting bills, resolutions oramendments prior to a general election, or aid any person who will be a memberof the next session of the legislature in drafting or prefiling legislativebills, resolutions, or amendments, when the legislator aids and assists in thedrafting and in the case of prefiling agrees to sponsor the bill, resolution oramendment. The management council may limit at its discretion, the number ofbills that any legislator or person may have drafted or prefiled, but thereshall be no limit applied to any standing or interim committee;

 

(iv) Keep a record of all expenditures of the legislature, andkeep a correct inventory and act as custodian of all legislative supplies andproperty;

 

(v) Compile such laws of the state of Wyoming as are designatedby the management council. In preparing copy for printing any revision orcompilation of laws, corrections in punctuation, spelling, grammaticalconstruction, section numbers or headings may be made provided such correctionsdo not alter the meaning;

 

(vi) Serve, or designate a qualified staff attorney to serve, asa member of the National Conference of Commissioners on Uniform State Laws.

 

(b) Bills or files, resolutions or memorials may be prefiled byany person who will be a member of the next session of the legislature afterthe general election and on or before December 15 prior to the convening of aregular session of the legislature. They shall be submitted to the director insuch form as is in accordance with the most recent rules and practices. Eachsubmittal shall bear the signature of the authorized person submitting it andshall be approved as to form by the director. A bill, file, resolution, ormemorial is prefiled when written approval by the sponsor is received by thelegislative service office. Promptly upon receipt of the draft of the bill orfile, resolution or memorial to be prefiled, the services division shall:

 

(i) Cause each item to be placed in proper form with the use ofthe automated bill-drafting system and printed in sufficient quantity for useat the next session;

 

(ii) Maintain and deliver to the chief clerk of the appropriatehouse of the legislature immediately after such officer has been duly qualified,each item of proposed legislation, prefiled bill, file, resolution or memorial;

 

(iii) Forward forthwith to each legislator and legislator-electof the pending legislative session and to each county clerk printed copies ofeach item of prefiled legislation, resolution and memorial so prefiled.

 

(c) The management council may negotiate with any responsiblepublisher for revising, compiling, editing, preparing, printing, publishing,selling and distributing any designated revision, compilation, session laws,journals or digests and may accept bids from such publishers and awardcontracts for the preparation and printing of such publications, to the biddermost nearly meeting the requirements of the council.

 

(d) The legislative service office shall provide fiscal notesfor all proposed legislation having a fiscal impact, indicating fiscal andpersonnel impact and revenue generated or required by the proposed legislation,in such form and under such conditions as specified by joint rule of the legislature. Fiscal notes shall only quantify impact at the state level but shall alsoreflect any changes to the total amount of revenue distributed from the stateto local governments under a statutory formula. Fiscal notes shall besubmitted to the sponsor of the bill for review and approval prior toattachment to the bill.

 

28-8-106. Purchase and distribution of statutes, supplements andsession laws.

 

Thelegislative service office shall purchase such number of copies of statutes,supplements or session laws as the management council may direct. Thelegislative service office shall retain such copies as necessary for its ownuse and distribute the balance as directed.

 

28-8-107. Auditing of state agencies; management audit committee;factors to be considered in audit reports.

 

(a) During every regular session the president of the senateand the speaker of the house of the Wyoming legislature shall each appoint five(5) members of their respective bodies to a management audit committee. Notmore than three (3) members appointed from each house shall be from the samepolitical party. The committee may appoint one (1) additional member of thelegislature to this committee.

 

(b) The legislative service office, at the direction of themanagement audit committee, subject to management council budget priorities,and subject to general policies established by the legislature when in regularor special session, shall:

 

(i) Conduct audits of agencies which may include:

 

(A) Program evaluations;

 

(B) Performance audits;

 

(C) Analyses of policy alternatives;

 

(D) Audits of the accounts and operations of any agency or ofany entity directly or indirectly receiving state funds;

 

(E) Repealed by Laws 1995, ch. 97, 2.

 

(ii) Conduct post-audits to determine if specificrecommendations and problems revealed by a first audit have been corrected.

 

(c) The legislative service office shall prepare a report ofeach audit conducted and submit a copy of the audit report to the agency beingreviewed for comment. The agency has fifteen (15) days, unless otherwiseauthorized by the committee, to submit a written response to the report to thelegislative service office. The completed audit report, which includes theagency response, if any, shall be transmitted to the management audit committeefor review and discussion with the agency officials and the legislativeauditors. This review and discussion of the audit report shall be conducted bythe committee in executive session. Following review the audit report may bereleased unless the committee requests the legislative service office to obtainsupplemental information. A copy of the completed report and any supplementalinformation shall be distributed to the governor and each member of thelegislature.

 

(d) The contents of the audit report, its findings anddocumentation are confidential and shall not be disclosed by any member of themanagement audit committee or employee of the legislative service office oragency being audited until the completed audit report is released, but thecommittee may discuss the contents of the audit report with the governor beforerelease of the final report. The chairman of the management audit committeeand the director may disclose and discuss any report made pursuant to W.S.28-8-108(c) with the governor regardless of the status of the audit report.

 

(e) Generally accepted governmental auditing standards aspromulgated by the Comptroller General of the United States shall be used tothe extent practicable in conducting audits. The audit shall consider:

 

(i) Whether the funds which have been appropriated or otherwiseallotted by the legislature to the various state agencies have been expended inaccordance with legislative intent;

 

(ii) Whether administrative programs are being conductedaccording to legislative intent;

 

(iii) Whether funds and properties handled by an agency or heldin trust have been properly administered;

 

(iv) That reports and financial statements by the agencydisclose fully the nature and scope of the activities conducted and provide aproper basis for evaluating the agency's operations;

 

(v) Whether there is duplication or overlap of services;

 

(vi) Whether there are alternative means of achieving the sameresults;

 

(vii) Any other factors relating to the efficiency, economy andeffectiveness of the agency being audited.

 

(f) Repealed by Laws 1995, ch. 97, 2.

 

(g) As used in this section, "agency" means any stateagency, division or department of any state agency, institution, council, board,commission or any other unit, subunit or program of state government.

 

28-8-108. Comments, recommendations and suggestions in audit reports;disclosure of confidential information; unauthorized reports or releases;reporting criminal violations.

 

(a) The reports of the legislative service office may includecomments, recommendations and suggestions, but neither the director nor theauditors shall have any authority to enforce any recommendation or suggestionnor shall they otherwise influence or direct executive or legislative action.All information obtained by the legislative service office related to an auditis deemed not to be a public record and shall remain confidential informationin the possession of the legislative service office. Except as otherwiseprovided in this section or W.S. 28-8-107(d), this information may be disclosedby the legislative service office only to members of the legislative committeefor which the information was obtained, only to the extent necessary todocument a statement or report, and only in a manner that protects individualidentities.

 

(b) Any member of the legislative service office who knowinglydiscloses confidential information other than as authorized by this section,discloses the contents of audit reports prohibited by W.S. 28-8-107 or releasesother reports or information not authorized by the management council, themanagement audit committee or by statute is subject to immediate termination ofemployment.

 

(c) If information obtained by the legislative service officerelated to an audit discloses an indication of a violation of any criminal lawof this state the information shall be reported by the legislative serviceoffice employee discovering the apparent violation to the director who shallreport the apparent violation to the chairman of the management audit committeeand thereafter or concurrently therewith, to the attorney general. Any reportunder this subsection may be made with the supporting information from theaudit determined to be necessary or convenient. Upon request of the attorneygeneral in investigating any apparent violation reported pursuant to thissubsection, the legislative service office shall make available to the attorneygeneral any information requested which was obtained during the audit,regardless of the status of the audit report.

 

(d) The legislative service office shall release informationobtained in conducting an audit in response to a court subpoena in a criminalproceeding.

 

28-8-109. Reports by director to legislature.

 

Thedirector and his staff shall prepare and deliver a report of the activities ofthe office to each member of the next succeeding session of the legislature notlater than December 15th of each calendar year, or at such other times as themanagement council deems necessary or as requested by the legislature.

 

28-8-110. Mileage, salary and per diem of legislators engaging inactivities.

 

Allmembers of the legislature shall receive their statutory mileage, salary andper diem for each day actually spent in legislative-directed or managementcouncil-approved activities of the office.

 

28-8-111. Assistance to be provided by state and local officers oragencies; duty of audited agencies.

 

 

(a) Upon request of the director and with the approval of themanagement council or the management audit committee, each officer, board,commission, department or any political subdivision of state government or anylocal government shall provide assistance, documents and information to thelegislative service office.

 

(b) In preparing fiscal and personnel notes for proposedlegislation as required by joint rule of the legislature, the budget divisionof the department of administration and information, its successor, and anyagency or department of state government shall furnish any information orassistance relative thereto as soon as reasonably practicable upon request ofthe director.

 

28-8-112. Space in state capitol building.

 

Adequatespace in the state capitol building shall be provided for the conduct ofactivities of the legislative service office, the management council and itsstaff.

 

28-8-113. Duty of agency officers and employees; legislative serviceoffice access to records; failure to provide access; penalty.

 

 

(a) Any officer or employee of a state agency subject to auditor sunset review shall fully assist the legislative service office during thecourse of the audit or review. The legislative service office shall haveaccess to and authority to examine all books, records, accounts, files, correspondenceand all other documents, confidential or otherwise, maintained by the agency orits employees during the course of agency business. The provisions of W.S.16-4-201 through 16-4-205 do not apply to audits or investigations of stateagencies performed by or on behalf of the legislature or legislativecommittees. Any member of the legislative service office who disclosesconfidential information obtained while conducting an audit, to any person orin any manner not authorized by law, is subject to disciplinary action asprovided by W.S. 28-8-108(b).

 

(b) Any officer or employee of an agency who knowingly fails orrefuses to permit such access and examination is guilty of a misdemeanor andshall be punished by a fine of not less than one hundred dollars ($100.00) andnot more than one thousand dollars ($1,000.00), imprisonment in the county jailfor a period not to exceed six (6) months, or both.

 

28-8-114. Legal actions authorized; employment of counsel.

 

 

(a) The legislature finds that proper interpretation andadministration of the constitution and legislative enactments of the state ofWyoming are matters of great public interest and importance, and thelegislature has a sufficient interest in the proper interpretation andadministration of the constitution and its own enactments to provide standingfor the legislature to prosecute an action for declaratory judgment to protectits interests and the interests of the public.

 

(b) The legislature by a majority vote of the members of bothhouses when in session, or the management council by the affirmative vote oftwo-thirds (2/3) of the members of the council during the interim, isauthorized to commence and prosecute an action for declaratory judgment in thecourts of this state, or of the United States, when such action is deemednecessary or advisable to protect the rights, powers and interests of thelegislature or assure proper interpretation or administration of theconstitution, statutes or administrative rules of Wyoming.

 

(c) The legislature may by resolution direct the managementcouncil to prosecute an action. The management council may commence an actionupon its own motion.

 

(d) The legislature or the management council may direct thelegal staff of the legislative service office to commence and prosecute theaction, or it may employ private counsel for such purposes, as it deemsadvisable.

 

28-8-115. Repealed By Laws 2002, Ch. 76, 3.

 

28-8-116. Confidential communications.

 

(a) Unless the privilege is waived by the individual legislatorinvolved, the following shall be deemed confidential and privileged:

 

(i) Communications between a legislator and legislative staffrelating to:

 

(A) A request for research or advice on a legislative issue;

 

(B) A request for the drafting of legislation or amendments tolegislation;

 

(C) Any matter under consideration by a legislative committeeother than communications made publicly to legislative staff in a publicmeeting of the committee;

 

(D) Development of a legislator's position on legislation ordiscussion of any matter arising out of or relating to the deliberative processof the legislature.

 

(ii) All documents and electronic records, including but notlimited to correspondence, e-mail, notes, memoranda and preliminary or finaldrafts, received by a legislator or legislative staff or prepared or assembledby a legislator or legislative staff in regard to a communication underparagraph (a)(i) of this section, other than a version of a bill or amendmentapproved for introduction;

 

(iii) Communications between a legislator and a contractor orconsultant retained by the legislature other than communications made publiclyin a public meeting.

 

(b) Private communications of or to a legislator in hisofficial capacity including but not limited to communications with constituentsare confidential until otherwise disclosed by the legislator or the individualwho is party to the communication.

 

(c) As used in this section, "legislative staff"means the staff of the legislative service office, session staff employed bythe legislature and legislative interns and aides.