Federal funds distribution.

2016
State of Wyoming
16LSO-0223
Introduced
1.3

SENATE FILE

NO.
SF0102

Federal funds distribution.

Sponsored by:
Senator(s) Ross, Bebout and Nicholas, P.

A BILL

for

AN ACT relating to public funds; creating the federal funds holding account; providing for deposits of federal funds to the account as specified; providing for disbursement from the account upon legislative appropriation; specifying other limitations on the expenditure of federal funds; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
4
‑
108 is created to read:

9
‑
4
‑
108
.

F
ederal fund
s
holding account
.

There is created the feder
al funds holding account. A
ll federal funds received by the state of Wyoming which are
not allocated to a specific program or account by state or federal law
shall be deposited in the federal funds holding account.
Additionally, notwithstanding W.S. 9
‑
4
‑
601, d
eposits to the federal funds holding account shall include

the final year’s payment of any congressionally sequestered monies received by the state of Wyoming from the secretary of the treasury of the United States under the provisions of the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. §§ 181, 191), as amended, or from lessees or authorized mine operators and all monies received by the state from its sale of production from federal mineral leases subject to the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. §§ 181, 191)
, as amended.
Funds in the account shall only be
disbursed or
e
xpended upon an appropriation of the legislature
specifically referencing an appropriation from the federal funds holding account
and shall not be appropriated
or authorized for disbursement or expenditure
pursuant to any other statutory mechanism
providing
for
dis
bursement
of
federal fund
s
.

Section 2
.

W.S. 9
‑
2
‑
1005
(c) by creating new paragraphs (iii) and (
iv
) and
(g) is amended to read:

9
‑
2
‑
1005
.

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

(c)

The governor shall not:

(iii)

Expend or authorize the expenditure of funds from the federal funds holding account absent a legislative appropriation specifically referencing an appropriation of funds from that account;

(iv)

Expend
or authorize the expenditure of federal funds
in excess of amounts approved by any legislative appropriations act
except in
accordance with subsection (g) of this section.

(g)

No federal funds in excess of amounts approved by any legislative appropriations act may be accepted or expended until approved by the governor in writing with a
copy to the joint appropriations interim committee. If the governor disapproves the acceptance or expenditure of federal funds under this subsection and the federal funds are accepted or expended, the state auditor shall not draw any warrant nor shall the state treasurer pay any warrant which would result in the disbursement of funds, directly or indirectly through contracts for services, to the public or private entity involved.

The authority under this subsection to expend federal funds shall include only:

(i)

The expenditure of funds allocated to a specific program or account by state or federal law and for which, or from which, the legislature has previously appropriated funds in the fiscal biennium in which the funds are accepted;

(ii)

The expenditure of
other
federal funds if the
governor determines the receipt of the federal funds is conditioned upon expenditure of those funds prior to the convening of the next regular general session or budget session of the legislature
and the expenditure of th
o
se federal funds does not create an obligation for the state
to expend additional funds.
Funds authorized to be expended pursuant to this paragraph shall be reported as provided in this subsection
and
deposited to the federal funds holding account
. A
n amount not in excess of the funds so deposited
is appropriated for expenditure from that account without further legislative action.

Section
3
.

This
act is effective July 1,
201
6
.

(END)

1
SF0102