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LEGISLATIVE HANDBOOK
CHAPTER X
MISCELLANEOUS MATTERS
1. MEMBERSHIP IN NATIONAL ORGANIZATIONS.
The Wyoming Legislature has historically participated in the following organizations:
(Note: Appointments of legislators to serve on committees of the following organizations are made by the President of the Senate and the Speaker of the House of Representatives.)
(a) Council of State Governments (CSG). The CSG is an association of elected and appointed officials from every branch of state government. Like the NCSL, the CSG acts as an information clearinghouse for the states. The Council promotes the exchange of information and ideas on a regional and national basis. Services available to Wyoming legislators include 50-state survey research and an interstate loan library.
(b) Education Commission of the States (ECS). The ECS provides a national forum for the exchange of education information and experience among governors, state legislators, state and local school board members and business leaders. Similar to other national organizations, the ECS serves as an information clearinghouse and provides research and informational services to member states.
(c) Energy Council. The Energy Council is a public policy organization representing the energy producing states. The purpose of the Council is to:
...promote national policy that encourages efficient development of domestic resources while limiting federal intervention in the exploration, production, and transportation of natural resources. As the lobbying arm of the producing states' legislatures, the Council influences federal energy policy by testifying before Congressional committees and federal agencies. To influence federal legislation or rulemaking, the Council coordinates grassroots lobbying campaigns and develops coalitions among other associations of elected officials and with trade associations."
(Excerpt from materials prepared by the Executive Director of the Council.)
(d) National Conference of State Legislatures (NCSL). The NCSL provides research, information and technical assistance to legislators and legislative staff; conducts seminars and on-site staff visits to assist states in solving policy problems; represents states' interests before Congress and federal agencies; and provides training opportunities for both legislators and staff.
(i) Assembly on Federal Issues. The AFI is composed of legislator members from each state and meets 3 times each year to formulate policy on federal issues that affect state finances or operations.
(ii) Assembly on State Issues. The ASI is made up of Legislators and staff members and provides a forum for exchange of ideas and information among state legislatures on various topics such as tourism, fiscal matters and economic development.
2. LEGAL OPINIONS ON PENDING LEGISLATION.
During the legislative session, the Attorney General and the LSO are occasionally asked by a legislator for an opinion or "ruling" as to the constitutionality of some provision in a bill or the legality of a proposed amendment (especially an amendment to tack one bill onto another.)
(a) The following principles should be kept in mind regarding legal opinions on pending legislation:
(i) Legal opinions may differ. Furthermore, neither the Attorney General nor the LSO can issue a conclusive "ruling" on the legal issue involved.
The ultimate decision as to constitutionality lies with the courts and the Legislature is free to accept or reject the advisory opinion of the LSO or the Attorney General.
(ii) Even if a question as to constitutionality exists, the Legislature may still determine that a court challenge is unlikely as a practical matter or that the benefits of the proposed legislation are worth the risk of possible challenge.
(b) LSO advisory opinions will generally take one of the following alternative forms:
(i) Due to time limitations, the LSO staff is unable to adequately research the issue raised or to develop a reasoned legal opinion;
(ii) The LSO staff finds no significant constitutional issue;
(iii) The LSO staff believes that there is some issue as to the constitutionality of the questioned provision upon which legal opinions could differ and that there exists a risk of challenge on constitutional grounds; or
(iv) It is the opinion of the LSO staff that, if challenged, there is a substantial likelihood that a court would find the questioned provision unconstitutional.