SF0161 - County sheriffs-appointment option.

2001

State of Wyoming

01LSO-0284

SENATE FILE NO. SF0161

County sheriffs-appointment option.

Sponsored by: Senator(s) Case

A BILL

for

1 AN ACT relating to county sheriffs; providing for
2 appointment or election of county sheriffs; specifying
3 circumstances when election is required; conforming
4 provisions; providing for continuity of the terms of
5 current elected county sheriffs; and providing for an
6 effective date.

8 Be It Enacted by the Legislature of the State of Wyoming:

10 Section 1. W.S. 18-3-612 is created to read:

12 18-3-612. Proposition to appoint county sheriff.

14 (a) From and after the first Monday in January, 2002,
15 each county sheriff may be appointed by the county
16 commissioners in the respective counties if a proposition
17 for the appointment of such county sheriff is submitted to

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1 a vote of the qualified electors of the county and a
2 majority of those casting their ballots vote in favor of
3 appointment.

5 (b) The proposition for appointment of such county
6 sheriff shall, insofar as is consistent with the general
7 purposes of this section, be conducted in accordance with
8 W.S. 18-3-501(c) and (d). Immediately upon certification of
9 election results the county clerk shall notify the
10 secretary of state of the election results.

12 (c) If the proposition to appoint a county sheriff is
13 approved by the electors, the board of county commissioners
14 shall appoint a person to the office for a term of one (1)
15 year. The person may be reappointed on a year-to-year basis
16 and may be removed by the board of county commissioners for
17 cause.

19 (d) Each county sheriff who is appointed pursuant to
20 a proposition conducted under subsections (a) and (b) of
21 this section may be elected in the respective counties if a
22 proposition for the election of such county sheriff is
23 submitted to a vote of the qualified electors of the county
24 and a majority of those casting their ballots vote in favor

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1 of election. The proposition to elect such county sheriff
2 shall be conducted in the same manner provided in
3 subsections (a) and (b) of this section.

5 (e) Nothing in this section shall affect the term of
6 office of any county sheriff who was duly elected.

8 Section 2. W.S. 18-3-601 and 22-2-105(a)(ii) are
9 amended to read:

11 18-3-601. Office created; election; appointment.

13 There shall be elected or appointed by the county
14 commissioners in each county a county sheriff.

16 22-2-105. Terms of office and offices voted on at
17 general elections.

19 (a) The terms of office and offices voted on at
20 general elections are as follows:

22 (ii) Four Year Term. -At the general election
23 in 1974 and in every fourth ~~(4th)~~ year thereafter, there
24 shall be elected the following officers: one (1) governor,

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1 one (1) secretary of state, one (1) state treasurer, one
2 (1) state auditor, one (1) superintendent of public
3 instruction, county clerks, county treasurers, county
4 assessors, county coroners, county and prosecuting
5 attorneys, district attorneys, sheriffs, clerks of the
6 district court and justices of the peace, provided a county
7 sheriff is not required to be appointed as provided by W.S.
8 18-3-612. In those counties that have established a circuit
9 court, the question of retention of a circuit court judge
10 or a magistrate of the circuit court for the unexpired
11 balance of or a new four (4) year term shall be submitted
12 to the electorate of the circuit for a circuit court judge
13 and to the electorate of the county for a magistrate, as
14 necessary. At every general election there shall be elected
15 the necessary member or members of the Wyoming senate and
16 county commissioners;

18 Section 3. Nothing in this act shall affect the term
19 of office of any sheriff who was elected prior to the
20 effective date of this act.

22 Section 4. This act is effective July 1, 2001.

24 (END)

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