Transparency in government.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0144

ENROLLED ACT NO. 123, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
government information; providing definitions; creating the Wyoming public
finance
website;
requiring the creation and maintenance of the website; providing rulemaking authority;

requiring a report;

providing appropriation
s
;
and providing for an effective date.

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

Section 1.

W.S. 9
‑
2
‑
1035
through 9
‑
2
‑
1037
are created to read:

9
‑
2
‑
1035
.

Definitions.

(a)

As used in this act:

(i
)

"
Committee
" means the
joint appropriations committee;

(ii)

"Department"
means the department of administration and information
;

(iii)

"Internet"
means the
i
nternet, World Wide Web or a similar proprietary or common carrier electronic system
;

(iv
)

"Participating state entity" means the state of Wyoming
government
including the
executive
, legislative and judicial branches of government and any departm
ent, division, agency, board,
commission
or other instrumentality
of those
branches
;

(v
)

"Public financial information" means
official public records as defined in W.S. 16
‑
4
‑
201(a)(vi)(A)
that are required to be
made available on the Wyoming public finance w
ebsite as required by this act
, but shall not include any information:

(A)

Provided pursuant to W.S. 26
‑
34
‑
129, 26
‑
34
‑
130, 28
‑
8
‑
108, 35
‑
2
‑
605 through 35
‑
2
‑
617, 35
‑
2
‑
910 or 35
‑
17
‑
105;

(B)

Relating to benefits paid under the Worker's Compensation Act that would reveal the identity of the recipient;

(C)

Relating to services provided to juveniles under title 14 or title 21 of the
Wyoming
statutes that would reveal the identity of the juvenile or his family
;

(D)

That would violate the Health Insurance Portability and Accountability Act or the Health Care Quality Improvement Act.

(vi
)

"This act" mean
s W.S. 9
‑
2
‑
1035 through 9
‑
2
‑
1037
.

9
‑
2
‑
1036
.

Wyoming
public finance w
ebsite.

(a)

There is created the
Wyoming
p
ublic finance website
to be administered by the department.

(b)

The
purpose of the
Wyoming
public finance website
is to
:

(i)

Permit
Wyomin
g
taxpayers to view
and track the use of taxpayer dollars by making participating state entities' public financial information available on the
i
nternet;

(ii)

Allow a person who has
i
nternet access to use the website without paying a fee;

(iii)

Allow the public to search public financial information on the
Wyoming
pub
lic finance website using
criteria established by the
department
;

(iv)

Provide access to financial reports, financial audits, budgets or other
financial
documents that are used to allocate, appropriate, spend and account for government funds as may be established by rule under W.S. 9
‑
2
‑
103
7
;

(v)

Have a unique and simplified website address;

(vi)

Be directly accessible via a link from the main page of the official state website; and

(vii)

Include other links, features or function
s
that will assist the public in obtaining and reviewing public financial information.

(c)

The department shall be:

(i)

Establish and maintain the website, including the provision of equipment, resources and personnel as necessary;

(ii)

Maintain an archive of all information posted to the website;

(iii)

Coordinat
e
and process the
receipt
and posting of public financial information from participating state entities
.

(d)

The department may:

(i)

Develop plans and make recommendations to the committee related to the implementation of the provisions of this act;

(ii)

Determine what public financial information shall be provided by participating state entities, provided that the public financial information:

(A)

Only includes records that:

(I)

Are classified as
official
public records under W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205;

(II)

Are an accounting of monies, funds, accounts, bonds, loans, expenditures or revenues, regardless of source; and

(III)

Are owned, held or administered by the participating state entity that is required to provide the record.

(B)

Is of the type or nature that should be accessible to the public via a website based on considerations of:

(I)

The cost effectiveness of providing the information;

(II)

The value of providing the information to the public; and

(III)

Privacy and security implications.

(i
ii
)

Evaluate the cost effectiveness of implementing specific information resources and features on the website and report that information to the committee.

(
e
)

A participating state entity shall permit the public to view the public financial information of the participating state entity via the website, beginning with information that is generated on or after July 1, 2009.

(
f
)

Not later than
January 1
, 2010, the website shall be operational and permit access to the public financial information of participating state entities.

(g)

The state chief information officer shall provide an annual report to the committee on all initiatives, projects and expenditures under this act.

9
‑
2
‑
1037
.

Rulemaking authority
.

(a)

The department shall adopt rules to:

(i)

Require participating state entities to provide public financial information for inclusion on the
Wyoming
public finance website
provided legislative appropriations are available to permit entities to generate the information
;

(ii)

Define the term "public financial information" as it applies to participating state entities in accordance with the provisions of this act; and

(iii)

Establish procedures for obtaining, submitting, reporting, storing and providing public financial information on the
Wyoming
public finance website which may include a specified reporting frequency and form.

(b)

The
department
may adopt rules to require a participating entity to list
the following information regarding
expenditures made by a person under a contract with the participating entity
:

(i)

The name of the participating entity making the expenditure;

(ii)

The name of the person receiving the expenditure;

(iii)

The date of the expenditure;

(iv)

The amount of the expenditure;

(v)

The purpose of the expenditure;

(vi)

The name of each party to the contract;

(vii)

An electronic copy of the contract; and

(viii)

Any other criteria designated by rule of the department.

Section
2
.

There is appropriated twelve thousand three hundred dollars ($12,300.00) from the general fund to the department of administration and information. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purposes
of
carrying out the provisions of W.S. 9
‑
2
‑
1035 through 9
‑
2
‑
1037 as created in this act.

Section
3
.

This act is effective
July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1