Department of health fiscal oversight.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0401

HOUSE BILL
NO.
HB0172

Department of health fiscal
oversight
.

Sponsored by:
Representative(s) Harshman, Barbuto, Craft, Gingery, Miller, Petroff and Steward and Senator(s) Peterson, Schiffer and Von Flatern

A BILL

for

AN ACT relating to
administration of the government; cr
e
ating the position within the governor's office of chief financial officer for the department of health; specifying duties;
authorizing restriction of department expenditures as specified; providing for contingent reports;
transferring a corresponding position and funds from the department of health;
and providing for an effective date.

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

Section 1.

W.S. 9
‑
1
‑
224 and 9
‑
2
‑
127 are created to read:

9
‑
1
‑
224.

Department of health chief financial officer.

(a)

There is created within the office of the governor a
chief financial officer for the department of health, who shall
be appointed by and
serve at the pleasure of the governor
.

(b)

The chief financial officer for the department of health shall
f
unction as a
financial and budgetary
liaison between the department
of health
and
the governor, and shall
carry out those duties specified in W.S. 9
‑
2
‑
127.

9
‑
2
‑
127.

Chief financial officer
; duties and responsibilities
.

(a)

The duties of the chief financial officer appointed pursuant to W.S. 9
‑
1
‑
224 shall include:

(i)

Oversight of revenues received and expenditures made by each division, program
, section, subsection or other
function within the department of health;

(ii)

Monitoring all department revenues and expenditures to determine if, for each function and budgetary line item, funds appropriated or anticipated are
reasonably
expected to be sufficient
to meet
expenditure
obligations
for the balance of the applicable fiscal period;

(iii)

Consulting with the department director and other officials as necessary to monitor department revenues and expenditures.

(b)

The chief financial officer,
with approval of the governor and
in consultation with the department director, shall have the authority to restrict spending by any department program
or function
to ensure that expenditures remain within appropriated and other reasonably anticipated available funds for the balance of the applicable fiscal period.
The chief financial officer shall certify to the auditor and treasurer any exercise of the authority granted under this subsection, and shall specify the nature and duration of the expenditure restriction.

(c)

The chief financial officer shall report immediately to the governor and within thirty (30) days to the joint appropriations interim committee if:

(i)

Authority to restrict expenditures has been exercised under subsection (b) of this section;

(i
i
)

Revenues
for
a program
or function
will be insufficient for the balance of the applicable fiscal period;
or

(i
i
i)

Expenditures by the program cannot
reasonably
be restricted
as authorized by this section
due to statutory, constitutional, humanitarian
,
judicial
or other
restraints.

(d)

All department administrators, managers, supervisors, chiefs and budget personnel shall cooperate fully with the chief financial officer in collecting and reporting data necessary for the performance of duties under this section.

Section 2.

W.S. 9
‑
2
‑
1005(a) by creating a new paragraph (xiv) is amended to read:

9
‑
2
‑
1
005.

Payment of warrants; budget powers of governor; agency budgets; federal funds; new employees.

(a)

No warrant shall be drawn by the auditor or paid by the treasurer:

(xiv)

For expenditures certified by the chief financial officer for the department of health as restricted pursuant to W.S. 9
‑
2
‑
127
(b)
.

Section 3.

The position of chief financial officer within the department of health is transferred
to the office of the governor and the department of health's authorized full-time positions is reduced accordingly. All appropriated funds associated with this position shall be transferred to the office of the governor.

Section
4
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0172