Taxpayer protection act.

2017
STATE OF WYOMING
17LSO-0653
Introduced
1.2

HOUSE BILL

NO.

HB0251

Taxpayer protection act.

Sponsored by:
Representative(s) Gray and Piiparinen

A BILL

for

AN ACT relating to administration of government; prohibiting the use of bid waivers for a portion of agency budgets as specified; providing for an investigation into agencies as specified; providing for suspension of an agency director pending the outcome of an investigation; authorizing a taxpayer to compel an investigation; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
2
‑
1016
(
b)(iv)(B), (C) and
by creating new subsections (m) and (n) is amended to read:

9
‑
2
‑
1016
.

General services division
.

(b)

For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or school districts. It does not include the department of transportation except as to paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall:

(iv)

Adopt
standard forms and procedures providing that bids or contracts for supplies or services shall be awarded through the use of competitive sealed bidding, competitive negotiation, noncompetitive negotiation or small purchase procedures as hereafter provided:

(B)

Whenever the administrator determines in writing that the use of competitive sealed bidding is not feasible or practical, contracts for supplies or services may be made by competitive negotiation.
Not more than two percent (2%) of agency's budget for contractual services, consulting services and special project services
shall be made by competitive negotiation or noncompetitive negotiation under this subparagraph or subparagraph (C) of this paragraph.
An elected state official may also contract for supplies or services for his office by competitive negotiation if the contract is for twenty thousand dollars ($20,000.00) or less and he determines that the use of competitive sealed bidding is not feasible or practical;

(C)

Contracts may be made by noncompetitive negotiation only when competition is not feasible, as determined in writing prior to award by the administrator and approved by the governor or his designee.
Not more than two percent (2%) of agency's budget for contractual services, consulting services and special project services shall be
expended under a contract let through
competitive negotiation or noncompetitive negotiation under this subparagraph or subparagraph (B) of this paragraph.
An elected state official may also contract for supplies or services for his office by noncompetitive negotiation if the contract is for twenty thousand dollars ($20,000.00) or less and he determines that competition is not feasible;

(m)

If the general services division determines in any fiscal biennium that
more than
two percent (2%) of an agency's budget for contractual services, consulting services and special projects and services was
contracted
in
violation of
subparagraphs (b
)(
iv)(
B
) and (
C
) of this section, the
general services
division shall
notify the budget
division which shall conduct an investigation into the agency with the department of audit as provided in W.S. 9
‑
2
‑
1004(a)(iii). The director of any agency under investigation pursuant to this subsection
shall
be suspended pending the outcome of the investigation.
The budget division shall report the results of the investigation to the governor and the attorney general.

(n)

A taxpayer of this state may compel the enforcement of subsection (m) of this section in an action brought in district court.
In the event judicial enforcement is necessary, the taxpayer shall be awarded
court
costs, including reasonable attorney
's
fees.

Section
2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0251