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Revenue committee tables proposal to let attorney general enforce state law against local governments
Summary
Senate File 85, a bill that would authorize the attorney general to investigate and, if necessary, withhold shared revenues from cities or counties found to violate state law or the Wyoming Constitution, drew sustained public opposition and was tabled for further work.
The Senate Revenue Committee tabled Senate File 85 after extended debate and public comment on the bill's scope and enforcement mechanisms.
Senate File 85, sponsored in committee by Senator Wright, would require the attorney general to investigate a legislator-initiated complaint alleging a city, town or county ordinance or regulation violates state law or the Wyoming Constitution. If the attorney general concluded a violation existed, the bill would allow the state treasurer to withhold shared revenues until the locality corrected the violation.
During the committee hearing, members discussed the bill's intent and its proposed enforcement "teeth." Senator Wright described the bill as a tool to enforce constitutional and statutory compliance by localities; proponents said it would provide an avenue for constituents to raise alleged legal violations without initiating private litigation.
Opponents — including municipal officials, the Wyoming Association of Municipalities, and municipal leaders such as Max Nicholson, mayor of Rock Springs, and Matt Murdock, mayor of Pinedale — argued the bill raises separation-of-powers and due-process concerns. Nicholson said local mechanisms had addressed the issues in his community and that the bill was unnecessary. Murdock warned the measure could infringe the constitutional separation between state and local authorities.
Sean Dowell, who described himself as familiar with Arizona's analogous statute, told the committee that in Arizona "90% of the times, the cities repeal the ordinances when that happens" after an attorney-general review, and argued the Arizona process reduced costly litigation. That testimony prompted back-and-forth about whether the attorney general's determination in Wyoming would be advisory or immediately enforceable.
Dawn Williams, deputy state treasurer, flagged a practical concern about the bill's language directing withheld shared revenues to "revert to the general fund at the end of the fiscal biennium." Williams said if the money reverted to the general fund, the treasurer may lack a mechanism or appropriation to return funds to a locality that later rectified a violation.
Multiple speakers urged changes to ensure due process, a clear appeals path and safeguards against selective enforcement. Public commenters representing rural advocacy, municipal associations and individual towns emphasized the bill's potential to pit state officials against local governments and urged either amendments or rejection.
After public testimony and discussion, committee members agreed to table the bill and revisit it at the next meeting to allow further drafting and stakeholder engagement.
