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21LSO-0686
2021
STATE OF WYOMING
21LSO-0686
ENGROSSED
3.0
HOUSE BILL NO. HB0263
State coronavirus recovery funding.
Sponsored by: Representative(s) Nicholas
A BILL
for
AN ACT relating to emergency funding of government; authorizing emergency government programs as specified; providing legislative findings; requiring reporting; providing for rulemaking; authorizing the expenditure of a portion of the state's remaining CARES Act and American Rescue Plan Act funds; providing appropriations; reappropriating funds; providing an appropriation to restore funding for the operation of state government as specified; specifying conditions on appropriations and expenditure of funds; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
(a)
The legislature finds that:
(i)
On March 11, 2021 the American Rescue Plan Act, P.L. 117-2 was signed into law;
(ii)
The American Rescue Plan Act provides approximately one billion two hundred million dollars ($1,200,000,000.00) in discretionary funds to the state of Wyoming and the political subdivisions of the state;
(iii)
These federal funds provide the state with the opportunity to continue the recovery from the decline related to the COVID-19 pandemic to the revenues of the state of Wyoming and the political subdivisions of the state as well as to further address the economic impact to the citizens of Wyoming from the pandemic;
(iv)
It is in the best interest of the state of Wyoming if these funds are expended in a manner which maximizes the short term and long term benefits to the people of Wyoming.
Such a response will take a coordinated and thoughtful effort of the legislative, executive and judicial branches of state government as well as input from
all affected political subdivisions of the state and the various stakeholders and citizens of the state;
(v)
To act in the best interest of the state of Wyoming, the legislature is anticipated to meet in special session during the spring or summer of 2021 to enact programs and expenditures after receiving public testimony and developing legislation through meetings and discussion with all interested parties;
(vi)
In the event that for whatever reason, the legislature does not enact further legislation to appropriate federal funds from the American Rescue Plan Act or the CARES Act by September 1, 2021, the governor is authorized by the terms of this act to implement programs as specified to expend these funds;
(vii)
The governor at all times retains the authority to expend these federal funds if an emergency financial situation exists, general fund appropriations can be conserved or agency program requirements have significantly changed, as provided in W.S. 9-2-1005(b)(ii), 9-2-1006(a) and 9-4-206.
Section 2
.
(a)
To carry out the expenditure of federal funds authorized by subsection (b) of this section, the governor is authorized to establish by order or rule any emergency program that is consistent with the terms of this act and the federal gift, grant or appropriation if the program can be fully supported by federal funds appropriated under this act or other existing appropriations and does not obligate the state to any expenditure of state funds not previously appropriated by the legislature.
Any emergency program created under the authority granted in this subsection shall expire on December 31, 2024 unless expressly continued by act of the legislature.
(b)
Subject to the limitations provided in subsections (c) through (e) of this section, any federal funds provided to the state for COVID-19 related purposes including from the American Rescue Plan Act, P.L. 117-2, the Coronavirus Aid, Relief and Economic Security (CARES) Act, P.L. 116-136, or other similarly purposed federal act, that do not accrue to any agency under W.S. 9
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2
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1006(a) and
which were not appropriated within 2021 Senate File 0118, section 4(a) and (b) as enacted into law are appropriated to the office of the governor for the emergency expenses of government that are consistent with the terms of the federal gift, grant or appropriation and subject to the provisions of this subsection.
In accordance with W.S. 9
‑
4
‑
205(a), this appropriation of federal funds shall be subject to further legislative review and appropriation. This appropriation shall only be expended for the following purposes:
(i)
For any expenses incurred by state entities, school districts or Wyoming community college districts to respond to the public health emergency and the impacts caused by COVID-19 as determined by the governor.
As used in this paragraph, "state entity" includes any state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state including the University of Wyoming;
(ii)
To respond to the public health emergency with respect to COVID–19 or its negative economic impacts,
including assistance to households, small businesses, and nonprofits or aid to impacted industries such as tourism, travel and hospitality;
(iii)
To respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers of the state, a political subdivision or tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
(iv)
For the provision of government services to the extent of the reduction in revenue of the state, political subdivision or tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the state prior to the emergency;
(v)
To make necessary investments in water, sewer, or broadband infrastructure in the state;
(vi)
To provide grants for expenses incurred by Wyoming health care providers and health care facilities, including capital construction and building delay expenses incurred to respond to the public health emergency caused by COVID-19 or to improve the state's health care delivery system and infrastructure for responding to public health emergency caused by COVID-19.
Grants provided under this paragraph shall be administered by a state entity as determined by the governor;
(vii)
For expenses incurred by the Wyoming life resource center and the Wyoming state hospital, including operational expenses and capital construction and building delay expenses incurred to respond to the public health emergency caused by COVID
‑
19 or to improve the state's health care delivery system and infrastructure for responding to the public health emergency caused by COVID-19;
(viii)
For any expenses incurred by the state to respond to the public health emergency to address food insecurity caused or exacerbated by COVID-19 as determined by the governor;
(ix)
For any COVID-19 related expenses and expenditures of the judicial branch;
(x)
For any COVID-19 related expenses and expenditures of the legislative branch;
(xi)
To cover other costs to the state or citizens of businesses of the state to address the negative impact caused by the COVID-19 pandemic.
Business relief programs under this act shall be administered by a state entity as determined by the governor;
(xii)
Any other COVID-19 related purposes authorized by federal law.
(c)
No expenditure of funds shall be made under this section except in accordance with state and federal laws, regulations and orders.
The governor shall by order or rule, adopt provisions to ensure that adequate consideration is provided to the state for the expenditure of public funds on grants authorized under this act.
(d)
As a condition of receiving any grant, aid or distribution authorized under this section, the recipient shall report to the governor, and the governor shall further provide to the legislature, the amount of all federal loans, grants or aid provided for COVID-19 related purposes including from the American Rescue Plan Act, P.L. 117-2, the Coronavirus Aid, Relief and Economic Security (CARES) Act, P.L. 116-136 or other similarly purposed federal act for which the recipient:
(i)
Is eligible, as determined by the recipient;
(ii)
Has applied;
(iii)
Has received.
(e)
The governor's office shall implement by rule reporting requirements for recipients of any grant, distribution or aid authorized under this section sufficient to comply with all federal reporting requirements.
Section 3.
(a)
Except as provided in this section and section 4 of this act,
there is appropriated all unexpended, unencumbered and unobligated funds received by the state of Wyoming to the state auditor from the American Rescue Plan Act of 2021, P.L. 117-2
, the Coronavirus Aid, Relief and Economic Security (CARES) Act,
P.L.
116-136 or other similarly purposed federal act, including funds originally
appropriated in 2020 Wyoming Special Session Laws, Chapter 1, Section 2(b), Chapter 2, Section 4(d) and Chapter 3, Sections 2(h), 3(h) and 4(g). The governor may immediately transfer funds reappropriated under this section to the state agency or entity designated to approve the project, grant or procurements as provided in section 1 of this act. All transfers authorized under this section shall be approved by the governor and reported to the legislature and the joint appropriations committee as provided in W.S. 9
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2
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1005(b)(ii) and (g), 9
‑
2
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1013(b) and 9-4-206.
This appropriation shall not be transferred or expended for any purpose except as provided in this subsection. Any unobligated, unencumbered and unexpended funds remaining from this reappropriation on December 31, 2024 shall be
deposited to the general fund unless otherwise provided by federal law.
(b)
Funds appropriated in 2021 Senate File 0118, section 4 as enacted into law shall not be included within the appropriation under subsection (a) of this section.
(c)
Excluding the appropriations or reappropriations provided for in 2021 Senate File 0118, section 4 as enacted into law. The appropriation in this section shall supersede and take priority over any appropriation or reappropriation of the Coronavirus Aid, Relief and Economic Security (CARES) Act, P.L. 116-136 funds as provided in any law enacted during the 2021 legislative general session until September 1, 2021 at which time any remaining CARES Act funds shall be expended as provided in those enacted laws.
Section 4.
(a)
There is appropriated fifteen million dollars ($15,000,000.00) from the legislative stabilization reserve account to the state auditor for purposes specified in subsection (b) of this section.
This appropriation shall be
for the period beginning with the effective date of this section and ending June 30, 2022.
This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2022.
(b)
The governor may direct the state auditor to transfer funds appropriated under subsection (a) of this section to any state agency to offset budget reductions that would cause the agency to fail to meet any maintenance of effort requirements imposed under the American Rescue Plan Act of 2021, P.L. 117-2.
(c)
The notification and reporting procedures contained in W.S. 9
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2
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1005(b)(ii) and 9
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2
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1013(b) shall apply to any transfer directed by the governor under this section irrespective of the amount of the transfer.
Section 5.
Any agency
or entity authorized by or under this act to administer any program, grant or other disbursement may adopt rules, including emergency rules, as
necessary to fulfill its powers and duties in accordance with the Wyoming Administrative Procedure Act.
Section 6
.
(a)
Except as provided in subsection (b) of this section,
this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(b)
Section 2 of this act is effective September 1, 2021.
(END)
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HB0263