Geringer v. Bebout

10 P.3d 514, 2000 Wyo. LEXIS 181, 2000 WL 1146614
CourtWyoming Supreme Court
DecidedAugust 14, 2000
Docket00-168
StatusPublished
Cited by15 cases

This text of 10 P.3d 514 (Geringer v. Bebout) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geringer v. Bebout, 10 P.3d 514, 2000 Wyo. LEXIS 181, 2000 WL 1146614 (Wyo. 2000).

Opinions

HILL, Justice.

In this appeal we are called upon to resolve a dispute between the Governor of the State of Wyoming, Jim Geringer, and the Wyoming Legislature and its members and leadership. On May 15, 2000, the Governor filed a complaint for declaratory judgment, seeking judicial review of procedures employed by the Legislature in proposing amendments to the Wyoming Constitution during its year 2000 session. A joint motion to certify the matter here, pursuant to W.R.AP. 11, was filed in the district court, and by order entered on June 22, 2000, the district court granted that motion. The case was docketed here on June 30, 2000. In accordance with W.R.A.P. 7.06(d), an abbreviated briefing schedule was agreed to by the parties, and opening briefs were filed on July 10, 2000, followed by reply briefs filed on July 17, 2000. The Court considered the matter at its weekly conference on July 18, 2000, and by order entered on July 19, 2000, the case was assigned to the expedited docket, with a goal of completing resolution of the certified question before the August 15, 2000 deadline for ballot preparation for the 2000 General Election.

THE CERTIFIED QUESTION

The question we have agreed to answer is phrased thus:

I. Does the Wyoming Constitution require the presentment to the Governor of a joint resolution proposing a constitutional amendment for his approval or disapproval before it can take effect and before the proposed constitutional amendment can be placed on the ballot?

We will answer the certified question in the affirmative, and hold that the Wyoming Constitution mandates that the Legislature present proposed constitutional amendments to the Governor for approval or disapproval, before they may appear on the ballot in a General Election

SUMMARY OF THE ISSUE

In its 2000 Budget Session, the Legislature enacted a joint resolution to amend Art. 4, § 9, of the Wyoming Constitution which would have the effect of diminishing the line-item veto authority of the Governor. Lest any confusion seep into the task at hand, that the Legislature was intent on trimming the veto power of the Governor is not the source of the conflict we are called upon to resolve. Rather, it was a change to the rules under which the Legislature governs its procedures with respect to proposal of amendments to the Wyoming Constitution that brings this controversy to the door of the Judicial Branch of government. The change in those procedures was dramatic and operated in a manner so as to sweep away over one hundred years of practice and tradition. Since the establishment of Statehood in 1890, the Legislature has followed a practice of presenting to the Governor, for his approval or disapproval, all proposed amendments to the Wyoming Constitution. If the Governor disapproved, the Legislature, of course, had the option of overriding the Governor's veto. If the Governor approved, the proposed consti[516]*516tutional amendment would then be forwarded by the Legislature, to the Secretary of State, so that the amendment could be placed on the ballot for the next General Election.

FACTS

The certified question comes to us with a stipulation as to the facts, which are viewed by the parties as pertinent to resolution of this matter:

STIPULATION OF FACTS

The Plaintiff and Defendants in the above-entitled matter stipulate to the following facts:

1. The historical records of the Wyoming Legislature show that from 1899 through 1999, 118 proposed constitutional amendments have been passed by the House and the Senate and 116 of those have been presented to the Governor. Certified copies of these proposed amendments are attached as and marked as "Exhibit 1 thru Exhibit 118."
2. Two of these proposed amendments (Exhibits 71 and 117) were rescinded or repealed (Exhibits 78 and 119) by the Legislature. Two of these proposed amendments were vetoed by Governor Nels Smith in 1941 (Exhibit 30) and by Governor Lester Hunt in 1947 (Exhibit 39). In 1941, Governor Nels H. Smith disapproved Enrolled Joint Resolution No. 3 proposing to amend Art. III, § 22 of the Wyoming Constitution attached as Exhibit 127. Governor Lester C. Hunt, in 1947, disapproved or vetoed Enrolled Joint Resolution No. 2 proposing to amend Art. XVI, § 11 of the Wyoming Constitution attached as Exhibit 128.
3. Three Joint Resolutions for proposed constitutional amendments were not presented to Governor Geringer but were delivered directly to the Secretary of State. (Exhibits 117,118 and 120)
4. Senate Enrolled Joint Resolution No. 1 of the 2000 Budget Session of the 55th Legislature (Exhibit 120) is one of three proposed joint resolutions for constitutional amendment enacted by any Wyoming Legislature in its 110 year history that have not been presented to the Governor for approval or disapproval. The other two joint resolutions for proposed constitutional amendments were enacted by the 565th Legislature in 1999, regarding military eligibility. (Exhibits 117 and 118)
5. On February 11, 1998, the Wyoming Supreme Court in Management Council of the Wyoming Legislature v. Geringer, 9583 P.2d 839 (Wyo.1998), ruled that the partial veto authority (line-item veto authority) of the Governor conferred by Article 4, Section 9 of the Wyoming Constitution applied to any portion of any bill making appropriations, including substantive provisions that do not appropriate money.
6. During the 1998 Budget Session of the Wyoming Legislature, "House Joint Resolution No. HJO010" (Exhibit 121) was introduced proposing to amend Art. IV, § 9 of the Wyoming Constitution to limit the Governor's partial veto authority (line-item veto authority) to general appropriations bills and to appropriations items within those bills.
7. House Joint Resolution No. HJ0010, referred to in paragraph 6 above, was enacted by the House of Representatives and the Senate and became "House Enrolled Joint Resglution No. 1." (Exhibit 116).
8. House Enrolled Joint Resolution No. 1, (Exhibit 116) referred to in paragraph 7 above, was signed by the Speaker of the House and the President of the Senate and was presented to the Governor for his approval or disapproval,. The Governor vetoed House Enrolled Joint Resolution No. 1 on 12 March 1998. An attempted legislative override of the veto was unsue-cessful.
9. The Rules of the Second Legislature of the State of Wyoming in 1898 contained the following provision at Joint Rule #8 (see RULES OF THE HOUSE OF REPRESENTATIVES TOGETHER WITH THE JOINT RULES AND THE STANDING COMMITTEES OF THE HOUSE, THE REPUBLICAN BOOK AND JOB PRINT, 1898, P. 18):
When a bill, joint resolution or memorial shall have been signed, the chief clerk shall endorse on the back thereof a certificate [517]*517specifying in which House the same originated. It shall then be presented by the enrolling committee of the House in which the same originated to the Governor of the State for his approval. After having performed said duty, the committee shall report to the House in which the paper originated, the day and hour of presentation to the Governor, which facts shall be entered upon the journal of said House. Said committee is further empowered to report at any time to either House any matter committed to it.

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10 P.3d 514, 2000 Wyo. LEXIS 181, 2000 WL 1146614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geringer-v-bebout-wyo-2000.