2025 – Constitutional Competence Category #8

2025 – Constitutional Competence Category #1: Separation of Powers; Arbitrary Power

2025 bills reviewed for this category:

Both bills required a “Nay” vote.

SEPARATION OF POWERS

Wyoming State Constitution, Article 2, Section 1

The powers of the government of this state are divided into three distinct departments: The legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.

Wyoming State Constitution, Article 5, Section 16

No duties shall be imposed by law upon the supreme court or any of the judges thereof, except such as are judicial, nor shall any of the judges thereof exercise any power of appointment except as herein provided.

SF0160 Treatment courts-amendments-2.

This bill expands 2023 SF0023 Treatment courts-transfer to judicial branch by adding mental health treatment programs under the authority of the Wyoming Supreme Court..

The WY Legislature has unconstitutionally transferred responsibility and oversight of mental health treatment programs from the department of health to the Wyoming Supreme Court. These programs should have remained with the WY department of health under Executive branch authority.

This bill violates the separation of governmental powers specified in the U.S. Constitution (Articles I, II and III), as well as Article 2, Section 1 in the Wyoming State Constitution. Additionally, Article 5, Section 16 of the Wyoming State Constitution further specifies that Wyoming supreme court judges are limited to judicial duties.

House Third Reading Vote

3/4/2025 H 3rd Reading:Passed 38-22-2-0-0
ROLL CALL

Ayes: Representative(s) Allemand, Andrew, Banks, Bratten, Brown, L, Byron, Campbell, E, Chestek, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Harshman, Hoeft, Jarvis, Kelly, Larsen, Larson, Lawley, Nicholas, Ottman, Posey, Provenza, Rodriguez-Williams, Sherwood, Singh, Styvar, Tarver, Thayer, Washut, Wasserburger, Wharff, Williams, Wylie, Yin

Nays: Representative(s) Angelos, Bear, Brady, Brown, G, Campbell, K, Guggenmos, Haroldson, Heiner, Johnson, Knapp, Lien, Locke, Mccann, Neiman, Pendergraft, Riggins, Schmid, Smith, Strock, Webb, Webber, Winter

Excused: Representative(s) Lucas, Storer

Ayes 38 Nays 22 Excused 2 Absent 0 Conflicts 0

Senate Third Reading Vote

2/7/2025 S 3rd Reading:Passed 27-4-0-0-0
ROLL CALL

Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Case, Cooper, Crago, Crum, Dockstader, Driskill, French, Gierau, Hicks, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Rothfuss, Salazar, Schuler, Scott, Smith

Nays: Senator(s) Hutchings, Ide, Pearson, Steinmetz

Ayes 27 Nays 4 Excused 0 Absent 0 Conflicts 0

ARBITRARY POWER

Wyoming Constitution Article 1, Section 7

Absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

SF0004 – State park peace officers-definition and scope of authority.
This Travel Committee sponsored bill violates WY Constitution Article 1, Section 7.

Justia Legal Dictionary: Definitions of “arbitrary”

Subject to the personal whims of an authority like a judge, without following established standards, rules, or laws.
Unrestrained and unlimited in the use of authority or power.
An outcome that arises from the unrestricted use of power without any considerations.
Driven by bias, convenience, or personal preferences rather than based on facts or proper reasoning.
Appearing random or unreasonable, driven by personal will rather than facts or the rule of law.

Background

SF0004 was a new and amended version of 2024 HB0179 which had failed House Introduction. In 2024, HB0179 did not attempt to authorize “district managers” and “reserve park rangers” as peace officers. These new peace officers were arbitrarily added to the 2025 version SF0004.

According to page 5 the early July 2024 bill draft of SF0004 (sponsored by 2024 Travel Interim Committee), “Part of the Committee’s request for this bill draft was to change all instances of “law enforcement officer” to “peace officer” when referenced to rangers“.

However on page 2 of the July 2024 draft, it is revealed that “at the request of the Chief Park Ranger”, “district managers” and “reserve park rangers” were added to the draft to authorize them to also be peace officers.

Defining Terms

The drafting of WY legislative bills follows standards and rules that require the definition of terms that are not obvious or defined in statute elsewhere.

On page 2 of the July 2024 bill draft, the Legislative Service Office (LSO) advised the Travel Committee that “district managers and reserve park rangers are not defined in statute“. The attempt by LSO to define “district managers” for the Travel Committee bill led them to a job listing that states “district managers oversee all state parks and historic site operations, maintenance, and budget within state parks within a particular district” – which sounds much more like an administrative position rather than a law enforcement position. LSO also provided a suggested definition for the term “reserve park rangers” on pages 2-3 of the July 2024 bill draft.

During the July 10, 2024 LSO presentation of the bill draft (begins at around time stamp 43:42), LSO revealed that none of the other state park positions that have already been granted peace officer authority in W.S. 6‑1‑104 are defined. This includes superintendent, assistant superintendent and park rangers.

Despite the legal advise from LSO, the Travel Committee declined to define these additional terms which remained undefined in the final bill (2025 SF0004), and continue to remain undefined in WY law, including Title 36 – State Lands, Chapter 4 – State Parks and Cultural Resources.

Thus SF0004 granted the power and authority of peace officers arbitrarily to undefined groups of people, namely “district managers” and “reserve park rangers”, simply because it was requested by the Chief Park Ranger.

And “superintendent, assistant superintendent, and park ranger” also remain undefined.

Since “district managers” and “reserve park rangers” now have the power and authority of peace officers, it could be argued by most lawyers that it is unreasonable to be detained, searched or arrested by an arbitrarily authorized and undefined peace officer – in which case, violations of the 4th and 5th Amendments of the U.S. Constitution and Article 1, Section 4 of the Wyoming Constitution are additional concerns.

House Third Reading Vote

2/24/2025 H 3rd Reading:Passed 40-20-2-0-0
ROLL CALL

Ayes: Representative(s) Angelos, Banks, Brown, L, Byron, Campbell, E, Campbell, K, Chestek, Clouston, Davis, Eklund, Erickson, Filer, Geringer, Haroldson, Harshman, Hoeft, Jarvis, Kelly, Larson, Lawley, Ottman, Pendergraft, Posey, Provenza, Rodriguez-Williams, Schmid, Sherwood, Smith, Storer, Strock, Styvar, Tarver, Thayer, Washut, Webb, Webber, Williams, Winter, Wylie, Yin

Nays: Representative(s) Allemand, Andrew, Bear, Brady, Bratten, Brown, G, Connolly, Guggenmos, Heiner, Johnson, Knapp, Larsen, Lien, Locke, Lucas, Mccann, Neiman, Nicholas, Singh, Wasserburger

Excused: Representative(s) Riggins, Wharff

Ayes 40 Nays 20 Excused 2 Absent 0 Conflicts 0

Senate Third Reading Vote

1/21/2025 S 3rd Reading:Passed 21-8-2-0-0
ROLL CALL

Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Case, Cooper, Crago, Crum, Dockstader, Driskill, Gierau, Hicks, Hutchings, Landen, Nethercott, Olsen, Pappas, Rothfuss, Schuler, Scott

Nays: Senator(s) French, Ide, Laursen, Mckeown, Pearson, Salazar, Smith, Steinmetz

Excused: Senator(s) Jones, Kolb

Ayes 21 Nays 8 Excused 2 Absent 0 Conflicts 0

FURTHER DISCUSSION

Expansion of Peace Officers in Wyoming

It is important for WY Citizens to be aware that there has been an increase in the expansion of peace officer authority granted by the Wyoming legislature as can be seen by the list below. More Wyoming agencies as well as the Judiciary Committee appear to be moving towards this expansion beyond what most citizens are aware of.

In the past Game and Fish had been granted peace officer authority, as has the Livestock Board, as has the Wyoming State Board of Outfitters, as has the Wyoming Gaming Commission, as has State Parks, etc.

In March 2026 the Judiciary Committee was approached by a person claiming to represent the Livestock Board asking the committee to grant peace officer authority to their investigators. Judiciary Committee Chair Olsen responded by inviting any other agencies to consider if they have similar requests so that the legislature is not having to draft bills like this regularly. Here is the audio of that exchange:

3-6-26 Audio_Judiciary Interim Topics

This missive is not to cast dispersion on peace officers or minimize citizen’s need for them. Rather, it is to shine a light on the fact that the Wyoming State Legislature appears to be handing out peace officer authority as if it is being ordered from a menu by any Wyoming agency. Over time this expansion of power and authority can have a detrimental effect on the jurisdiction and respect of law enforcement in general, as well as a potential increase in individuals who might violate that authority at the expense of Wyoming citizens.

Currently Recognized Peace Officer Authorities in Wyoming

Wyoming Title 6 Crimes and Offenses, Chapter 1 General Provisions, Article 1. In General

6-1-104. Definitions.

(vi) “Peace officer” includes the following officers assigned to duty in the state of Wyoming:

(A) Any duly authorized sheriff, under sheriff or deputy sheriff;

(B) Any duly authorized member of a municipal police force, a college or university campus police force or the Wyoming highway patrol;

(I) When enforcing felony statutes following observation or discovery of the commission of a felony which was observed or discovered during the performance of their official duties;
(II) While responding to requests to assist other peace officers performing their official duties or when enforcing a valid arrest warrant for any crime; or
(III) When performing their official duties or enforcing any provision of title 23 and chapter 13 of title 41, any rule and regulation promulgated by the Wyoming game and fish commission or any other statute for which they are granted statutory enforcement authority.

(D) Agents of the division of criminal investigation appointed pursuant to W.S. 9-1-613 who have qualified pursuant to W.S. 9-1-701 through 9-1-707;

(E) Any duly authorized arson investigator employed by the state fire marshal;

(F) Investigators and brand inspectors of the Wyoming livestock board who have qualified pursuant to W.S. 9-1-701 through 9-1-707 when:

(I) Enforcing W.S. 6-3-201, 6-3-401, 6-3-402, 6-3-410, 6-3-601 through 6-3-603, 6-3-607, 6-3-610 through 6-3-612, 6-3-1002, 6-3-1003, 6-3-1005, 6-9-202, 35-10-101, 35-10-102 and 35-10-104, the provisions of title 11 and any laws prohibiting theft or mutilation of livestock or any part thereof and any rule or regulation promulgated by the Wyoming livestock board or any other law for which they are granted statutory enforcement authority;
(II) Responding to a request to assist another peace officer as defined in this paragraph performing his official duty; or
(III) Enforcing a valid arrest warrant for a crime specified in subdivision (F)(I) of this paragraph.

(G) Federal law enforcement agents;

(H) Investigators employed by the Wyoming state board of outfitters and professional guides and qualified pursuant to W.S. 9-1-701 through 9-1-707, when enforcing W.S. 23-2-401 and 23-2-406 through 23-2-418 and board rules and regulations promulgated under W.S. 23-2-410(a)(ii);

(J) Any duly authorized detention officer who has qualified pursuant to W.S. 9-1-701 through 9-1-707, when engaged in the performance of his duties;

(K) Any person employed by the state department of corrections on a full-time basis as a correctional officer to care for, supervise and control persons under the custody of the department, when the person is engaged in the performance of his duties;

(M) Any peace officer certified by another state who has been appointed as a special deputy sheriff of a Wyoming county pursuant to W.S. 18-3-602(c);

(N) Certified law enforcement officers of an adjoining state while responding to a request for assistance from a peace officer in this state pursuant to the “Law Enforcement Interstate Mutual Aid Act” or other lawful request;

(O) The director and full-time staff instructors of the Wyoming law enforcement academy when duly appointed and acting pursuant to W.S. 9-1-633(b);

(P) Any superintendent, assistant superintendent, district manager, park ranger or reserve park ranger of any state park, state recreation area, state archeological site or state historic site who has qualified pursuant to W.S. 9-1-701 through 9-1-707, when acting within the boundaries of the state park, state recreation area, state archeological site or state historic site or when enforcing felony statutes following observation or discovery of the commission of a felony which was observed or discovered during the performance of their official duties;

(Q) Any duly authorized court security officer employed by the Wyoming supreme court who is qualified pursuant to W.S. 9-1-701 through 9-1-707 when:

(I) Enforcing Wyoming statutes or supreme court rules on premises where the supreme court is conducting business;
(II) In fresh pursuit of a person whom the officer has probable cause to believe has committed within the officer’s jurisdiction a violation of a state statute, or for whom an arrest warrant is outstanding for any criminal offense; or
(III) When responding to a request to assist other peace officers acting within the scope of their official duties in their own jurisdiction.

(R) Any person qualified pursuant to W.S. 9-1-701 through 9-1-707 and employed by the Wyoming gaming commission when engaged in the performance of that person’s duties or when responding to a request to assist other peace officers acting within the scope of their official duties in their own jurisdiction.