Overspending budgets-penalty.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0553.E1

SENATE FILE
NO.
SF0152

Overspending budgets-penalty.

Sponsored by:
Senator(s) Scott, Driskill, Nicholas, P. and Ross and Representative(s) Brown and Harshman

A BILL

for

AN ACT relating to offenses by public officials; creating a misdemeanor offense for public officers and public servants overspending or transferring an appropriation as specified; providing a penalty; providing for discharge from employment as specified; providing exceptions; granting rulemaking authority; providing instruction to the department of health if claims exceed appropriations; providing for reports; repealing redundant provisions; and providing for an effective date.

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

Section 1.
W.S. 6
‑
5
‑
119 is created to read:

6
‑
5
‑
119.

Overspending of appropriation; penalties.

(a)

Any state public officer or state public servant commits an offense if he:

(i)

Knowingly expends or encumbers, or causes another to expend or encumber, funds in excess of those lawfully appropriated for that purpose; or

(ii)

Knowingly expends or encumbers funds for a purpose other than the purpose for which the funds were appropriated.

(b)

Violation of subsection (a) of this section
is a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00)
.

(c)

This section shall not apply to:

(i)

Expenditure or encumbrance of funds which are transferred or authorized for expenditure by a statute, in
a budget bill
, in any bill with an appropriation or transfers pursuant to W.S. 9
‑
2
‑
1005(b) or (g);

(ii)

The Medicaid program to the extent funds are expended or encumbered for entitlement requirements of
federal law and regulations if the overexpenditure is approved in advance by the governor and the approval is timely provided to the joint appropriations interim committee and joint labor, health and social services interim committee;

(iii)

Any over expenditure of an appropriation of state funds related to federal grant funds or other augmenting revenue sources where there is a reasonable anticipation of reimbursement from federal or other funds.

Section 2.
W.S.
9
‑
2
‑
1022(a)(xi) by creating new subparagraphs (G) and (H), 9
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4
‑
102 by creating a new subsection (c) and 42
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4
‑
104 by creating a new subsection (f)

are
amended to read:

9
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2
‑
1022.

Duties of department performed through human resources division.

(a)

Subject to subsection (b) of this section, the department through the human resources division shall:

(xi)

Promulgate reasonable rules:

(G)

Providing conviction of violation of W.S. 6
‑
5
‑
119(a) is sufficient cause for immediate discharge from employment;

(H)

Providing that a

state employee
may be discharged from employment
for cause
, regardless of whether
a
criminal prosecution is filed, if it is shown by a preponderance of the evidence that the
state employee
has violated
or intended to violate

W.S. 6
‑
5
‑
119
(a).

9
‑
4
‑
102.

Creation of expense in excess of appropriation; liability of officer.

(c)

No person or board shall authorize or create any expense of any kind or character as a charge against the state in excess of the amount appropriated for the expense to be incurred.

4
2
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4
‑
104.

Powers and duties of department of health; state Medicaid agent appointed by governor.

(f)

No
Medicaid
claims approved for payment shall be
incurred in excess of appropriated funds to comply with the
entitlement requirements of federal law and regulations
without prior approval of the governor
.

Section 2.

W.S. 9
‑
4
‑
102(b) is repealed.

Section 3.

The governor may, by executive order, allow for the use of general expense modifications and the BGE90E process. Such orders shall expire on April 1, 2014. In the event that any executive orders are adopted under this section, the joint appropriations interim committee shall hold hearings on and propose any statutory changes necessary to authorize such practices.

Section 4.

This act is effective July 1, 2013.

(END)

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SF0152