State budget department.

21LSO-0063

ORIGINAL Senate

File No
.
SF0035

ENROLLED ACT NO. 15,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to administration of government; approving the implementation plan to transfer the budget division of the department of administration and information to the state budget department; specifying duties of the department; conforming provisions to reflect responsibilities; recreating, renumbering and amending statutes for the department of administration and information; repealing conflicting provisions; directing the legislative service office to correct statutory references; and providing for an effective date.

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

Section 1.

(a)

W.S. 9
‑
2
‑
2021 created the state budget department and required the director to prepare a reorganization plan. Pursuant to W.S. 9
‑
2
‑
2021(c) and (d), the state budget department reorganization plan dated October 1, 2020 was approved by the governor and submitted to the joint appropriations committee. The legislature hereby approves that reorganization plan for implementation.

(b)

The budget division within the department of administration and information and associated budgetary and fiscal functions within the department of administration and information are transferred from the department of administration and information to the state budget department as a Type 1 transfer.

(c)

All positions, personnel, appropriations, property, equipment and authority in agencies and programs transferred to the state budget department by this act are under the control of the state budget department. The validity of rules, regulations, contracts, agreements or other
obligations of agencies or programs transferred by this act is not affected by this act.

(d)

This act recreates and renumbers statutes pertaining to the department of administration and information.

The validity of rules, regulations, contracts, agreements or other obligations of agencies or programs that are recreated and renumbered by this act is not affected by this act.

Section 2.

W.S. 9
‑
2
‑
1001.1, 9
‑
2
‑
1003.1 and 9
‑
2
‑
3202 are created to read:

9
‑
2
‑
1001.1.

Creation.

The state budget department is created.

9
‑
2
‑
1003.1.

Director of department; appointment; removal; cooperation with legislature and judiciary.

(a)

The administrative head of the department shall be a director appointed by the governor with the advice and consent of the senate.

Appointments for the director of the department shall be in accordance with W.S. 28‑12‑101 through 28‑12‑103.

(b)

The governor may remove the director as provided in W.S. 9
‑
1
‑
202.

(c)

The director may:

(i)

Employ professional, technical and other assistants to work in the director's office, along with other employees necessary to carry out the purpose of this act;

(ii)

Adopt reasonable rules to administer this act pursuant to the Wyoming Administrative Procedure Act;

(iii)

Formulate through the director's office the policies and programs to be carried out by the department.

(d)

This act shall be construed to provide the governor, through the department, with a more coordinated and responsive system of management of the executive branch of state government, and to preserve and protect the separation of powers mandated by article 2, section 1 of the Wyoming constitution. The department shall cooperate with the legislature and the judiciary which may utilize the services and assistance of the department to achieve economy in government, but procedures affecting the administration of the legislature shall be determined by the legislature and the management council, and procedures affecting the administration of the judiciary shall be determined by the judges for their respective courts, and they shall not be bound by rules and regulations promulgated by the department.

ARTICLE 32
DEPARTMENT OF ADMINISTRATION AND INFORMATION

9
‑
2
‑
3202.

Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.

(a)

As used in this act:

(i)

"Agency" means an office, department, board, commission or operating unit of the executive branch of state government;

(ii)

"Department" means the department of administration and information;

(iii)

"Executive branch" means the executive department of state government established by article 2, section 1 of the Wyoming constitution;

(iv)

"Judiciary" means the judicial department of state government established by article 2, section 1 of the Wyoming constitution;

(v)

"Legislature" means the legislative department of state government established by article 2, section 1 of the Wyoming constitution;

(vi)

"This act" means W.S. 9
‑
2
‑
3201 through 9
‑
2
‑
3221.

Section 3.

W.S
.
2
‑
3
‑
1002(a)(vi), 5
‑
2
‑
123, 6
‑
3
‑
902(b)(ii), 7
‑
6
‑
103(a), 7
‑
6
‑
113(b)(intro), 7
‑
19
‑
302(a)(xii), 9
‑
1
‑
403(a)(viii), 9
‑
1
‑
409(e)(xiii)(B),
9
‑
2
‑
128(d), 9
‑
2
‑
419,
9
‑
2
‑
1002(a)(ii), (iv), (x) and (xii), 9
‑
2
‑
1004(a)(intro), (i), by creating a new paragraph (vi) and (c), 9
‑
2
‑
1005(b)(iv), (e)(i)(C), (f) and (p), 9
‑
2
‑
1007(a), 9
‑
2
‑
1010(a)(intro) and (ii), 9
‑
2
‑
1011(a), (c) and (d), 9
‑
2
‑
1012(a), (b) and
(f) through (h), 9
‑
2
‑
1013(b), 9
‑
2
‑
1014(a) through (c), 9
‑
2
‑
1104(a)(i), 9
‑
2
‑
2012(d), 9
‑
2
‑
2202(b)(iii), 9
‑
3
‑
203(a)(iv), 9
‑
3
‑
211(c), 9
‑
3
‑
402(a)(vii)(M), 9
‑
3
‑
406(a)(xiii)(B), 9
‑
3
‑
412(b) and (c)(iv), 9
‑
3
‑
413, 9
‑
3
‑
424(a), 9
‑
3
‑
501(a)(iii), 9
‑
4
‑
204(s)(ii), 9
‑
4
‑
205(c), 9
‑
4
‑
206(b), 9
‑
4
‑
207(b), (e)(iii)(B)(intro) and (g), 9
‑
4
‑
214(a), 9
‑
4
‑
217(e), 9
‑
4
‑
715(q)(iii),
9
‑
5
‑
106(b),
9
‑
7
‑
104(g), 9
‑
12
‑
103(g)(i), 9
‑
17
‑
128(a)(v), 11
‑
20
‑
201(b),
13
‑
2
‑
807(d),
14
‑
5
‑
104, 16
‑
3
‑
101(b)(ii), (ix)(G) and (xii), 16
‑
3
‑
103(h)(iv),
16
‑
4
‑
122(b),
19
‑
7
‑
103(b)
(xii) and
(xxi), 21
‑
2
‑
204(h)(viii)(A),
21
‑
15
‑
119(a)(intro), 21
‑
18
‑
203(a), 21
‑
18
‑
204(b), 21
‑
18
‑
225(a)(intro), 22
‑
25
‑
107(e), 24
‑
2
‑
115(b)(v), 26
‑
2
‑
105, 26
‑
2
‑
106(c), 28
‑
8
‑
111(b), 33
‑
1
‑
302(a)(viii) and (ix), 35
‑
1
‑
243(d), 36
‑
4
‑
110(b)(i), 40
‑
14
‑
636(j), 40
‑
23
‑
112(e) and 42
‑
4
‑
120(m) are amended to read:

2
‑
3
‑
1002.

Definitions.

(a)

As used in this act:

(vi)

"Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user through the internet as defined in W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
;

5
‑
2
‑
123.

Supreme court budget submittal.

The supreme court shall submit standard and supplemental budget requests to the legislature not later than November 1 of the year preceding the fiscal year in which the standard or supplemental budget is to take effect.
Subject to W.S. 9
‑
2
‑
1003.1(d), t
he supreme court shall prepare all personal services budget requests using the same methods and practices as the executive branch.

6
‑
3
‑
902.

Unlawful impersonation through electronic means; penalties; definitions; civil remedies.

(b)

For purposes of this section:

(ii)

"Internet" means as defined in W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
;

7
‑
6
‑
103.

Creation of office of state public defender; appointment of state public defender and assistants; duties; removal.

(a)

There is created the office of the state public defender. The office of the state public defender shall be deemed a state agency for budgeting purposes pursuant to W.S.
9
‑
2
‑
1001
9
‑
2
‑
1001.1
through
9
‑
2
‑
1026
9
‑
2
‑
1014.2
.

7
‑
6
‑
113.

Funding.

(b)

Each county shall appropriate funds to supplement the state public defender budget in accordance with an equitable formula determined by the state public defender and the
state
budget
division of the
department
of administration and information
in cooperation with the legislative service office, taking into account the following factors:

7
‑
19
‑
302.

Registration of offenders; procedure; verification; fees.

(a)

Any offender residing in this state or entering this state for the purpose of residing, attending school or being employed in this state shall register with the sheriff of the county in which he resides, attends school or is employed, or other relevant entity specified in subsection (c) of this section. The offender shall be photographed, fingerprinted and
palmprinted
by the registering entity or another law enforcement agency and shall provide the following additional information when registering:

(xii)

Internet identifiers, including each email address and other designations used by the offender for self
‑
identification or routing in internet communications or
postings.

As used in this paragraph, "internet" means as defined in W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
; and

9
‑
1
‑
403.

State auditor; duties; prohibited acts; powers; investigative subpoenas.

(a)

The state auditor shall:

(viii)

On or before the fifteenth day of each month, make available in electronic or hard copy detailed statements of expenditures and revenues for each state entity that receives an appropriation in accordance with budget classification.

These statements shall be available to each entity and to the
state
budget
division
department
.

9
‑
1
‑
409.

State treasurer; duties generally; demand accounts; state revenues paid to treasurer.

(e)

The state treasurer may implement and administer a performance compensation plan in accordance with this subsection.

The plan shall:

(xiii)

Subject participating employees to the following terms and conditions related to leave time:

(B)

Senior analysts and analysts shall receive leave time in accordance with standards and rules established or promulgated in accordance with W.S.
9
‑
2
‑
1022(a)
9
‑
2
‑
3207(a)
.

9
‑
2
‑
128.

Health care innovation; studies; account.

(d)

The department may enter into agreements to carry out this section. Except as otherwise provided in this section, agreements under this section shall be exempt from
the procurement requirements set forth in W.S.
9
‑
2
‑
1016
9
‑
2
‑
3204
and other state laws and rules governing the procurement of services by a state agency. The department shall obtain approval of all agreements from the attorney general.

9
‑
2
‑
419.

Marking, defacing, removing or tampering with certain materials; penalty.

Any person marking, defacing, removing or tampering in any manner whatsoever with any property acquired under W.S. 9
‑
2
‑
404 through 9
‑
2
‑
415, by the director or, acquired under W.S.
9
‑
2
‑
1026.5
9
‑
2
‑
3210
through
9
‑
2
‑
1026.7
9
‑
2
‑
3212
by the state librarian or state library board is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00).

ARTICLE 10
DEPARTMENT OF ADMINISTRATION AND INFORMATION
STATE BUDGET DEPARTMENT

9
‑
2
‑
1002.

Definitions; provisions construed; cooperation with legislature and judiciary.

(a)

As used in this act:

(ii)

"Department" means the
state budget
department
of administration and information
;

(iv)

"Exception budget" means a budget prepared by an entity containing requests for appropriations which vary from the standard budget as prepared by the
budget division
department
or otherwise represents additional or increased services.

The agency shall justify the new or increased
services and describe all new staff, support services and additional equipment which will be required.

The exception budget shall also be used to describe any decreases in nongeneral fund revenues formally supporting an entity's services and for which a general fund appropriation is being requested;

(x)

"This act" means W.S.
9
‑
2
‑
1001
9
‑
2
‑
1001.1
through
9
‑
2
‑
1026.13
9
‑
2
‑
1014.2
;

(xii)

"Base budget" means a budget containing all legislative appropriations as defined by W.S. 9
‑
2
‑
1013(d)(iv), which shall be prepared by the
division
department
for each entity containing all programs for the biennium preceding the biennium for which a standard budget is being prepared pursuant to this act. The base budget and all information accompanying the base budget as required by this act shall be of sufficient detail to parallel components of the standard budget prepared for each entity under this act;

9
‑
2
‑
1004.

Duties of the department; receipt of monthly statements of income, revenues and expenditures of state agencies and offices; authority to contract; purposes.

(a)

The department
through its budget division
shall:

(i)

In conjunction with the human resources division
of the department of administration and information
, assure that all personnel transactions conform to budget requirements;

(vi)

Appear before the joint appropriations committee as requested by the committee to provide
information on the budgetary and financial affairs of the state.

(c)

The
budget division
department
, with the approval of the governor, may enter into contracts on behalf of the state of Wyoming with the federal government or any agency thereof for the purpose of initiating unified or joint letters of credit, simplified fund matching ratios, consolidated grants
‑
in
‑
aid, cost allocation programs, state audit of federally sponsored programs or any other practice that will allow the more effective, efficient and economical use of state and federal revenues.

9
‑
2
‑
1005.

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

(b)

Subject to subsection (c) of this section, the governor may:

(iv)

Authorize the implementation of the personnel classification and compensation plan consistent with W.S.
9
‑
2
‑
1022(b)
9
‑
2
‑
3207
;

(e)

As used in this section:

(i)

"Approved budget" means:

(C)

A budget for a program as developed by the
budget division
department
and approved by the governor for appropriations for which no budgeted request was submitted.

(f)

The joint appropriations
interim
committee of the legislature shall compile the approved budget for each
agency's appropriation and transmit the budget to the governor and the agency.

(p)

The governor shall make available monthly for public inspection information on the exercise of his authority under paragraph (b)(ii), (v) and subsection (g) of this section and under W.S. 9
‑
2
‑
1014.2 for the immediately preceding month.

The information shall be made available on the Wyoming public finance and expenditure of funds website created by W.S.
9
‑
2
‑
1036(a)
9
‑
2
‑
3220(a)
.

9
‑
2
‑
1007.

Restrictions on indebtedness and expenditures of state agencies; allotment system.

(a)

No indebtedness shall be incurred or expenditure made by any agency in excess of the amount appropriated or otherwise authorized by law or where expressly prohibited by law or regulation adopted under this act or prohibited by federal law. Expenditures from the account administered through the surplus property section
of the division of general services within the department of administration and information
shall be made only as permitted by federal law. Transfers in budget categories shall not be permitted by the department where the items of appropriation or other revenues are explicitly limited to a defined purpose by law or regulation adopted under this act. No agency shall revise, modify or otherwise change its approved budget without the prior approval of the department
.
through the budget division.

9
‑
2
‑
1010.

Duties of department; biennial budgets and appropriations.

(a)

The department
through the budget division
shall:

(ii)

Prescribe the form, contents and procedure of and for budget documents with the advice of the chairman of the joint appropriations
interim
committee; and

9
‑
2
‑
1011.

Duties of the department; preparation of standard budget estimates; entities to prepare expanded and exception budgets; form; required information; base budgets.

(a)

Subject to subsection (c) of this section, the department
through the budget division
shall prepare standard budget estimates. Entities shall prepare expanded and exception budgets in a form consistent with the standard budgets as directed by the department.

(c)

The
budget division
department
shall for purposes of preparing the standard budget for entities under this section, include the base budget and the specific amount the base budget differs from the standard budget estimate. The differences shall be itemized and explained in writing on a standardized form prescribed by rule and regulation of the
division
department
. The base budget and accompanying forms shall be included within the budget estimates and related information for each entity as compiled under W.S. 9
‑
2
‑
1012(b).

(d)

Except as otherwise provided by law, budgets for the game and fish department and department of transportation shall be submitted to the governor and the
budget division
department
as provided in this subsection.

The budget shall be submitted in a manner and format approved by the
budget division
department
and shall be submitted by the game and fish commission by August 1 of each year and by the transportation commission by October 1 of each year.

The manner and format approved by the
budget division
department
shall provide for legislative review.

Any modification to
the manner and format shall be reported to the joint appropriations committee immediately upon approval.

9
‑
2
‑
1012.

Duties of the department; transmittal of standard budget and manual; return of completed exception and expanded budgets; submission to governor; disposition of excess general fund appropriations; submission of selected budget information to joint appropriations committee.

(a)

The department
through the budget division
shall transmit a standard budget and a manual of instruction for the preparation of exception and expanded budgets to entities on or before August 15 of odd numbered years. On or before September 15 of odd numbered years entities shall return the completed exception and expanded budgets.

(b)

The director of the department
and administrator of the budget division
after compiling the requested budget estimates and related information collected from the several agencies of the state shall submit the overall state budget estimate and related information along with their comments and recommendations to the governor no later than November 1 of each budget period.

(f)

In addition to subsection (b) of this section and not later than October 1 of each odd
‑
numbered year, the
administrator of the budget division
director of the department
shall file with the legislative service office a copy of the base budget, standard budget estimate and accompanying base budget forms required under W.S. 9
‑
2
‑
1011(c) for each entity. The legislative service office shall provide copies of the information filed under this subsection to the joint appropriations
interim
committee.

(g)

The state employee compensation commission shall submit to the
budget division
department
and the joint appropriations
interim
committee within the time periods specified in subsection (a) of this section its recommendations regarding state employee compensation.

The
budget division and
department shall consider those recommendations in developing budgets and submitting recommendations to the governor pursuant to subsection (b) of this section.

When distributing the overall state budget to the legislature, the governor shall summarize the manner in which the proposed budget addresses the recommendations of the state employee compensation commission.

(h)

If the governor exercises his authority provided by W.S.
9
‑
2
‑
1022(a)(xi)(F)(VI)
9
‑
2
‑
3207(a)(xi)(F)(VI)
to create an at
‑
will employment contract position, the governor shall seek continued authorization for that position by a budget request in the next session of the legislature.

If authorization for the at
‑
will employee contract position is not specifically approved in the general appropriations bill, the position shall terminate and shall not be reauthorized in the future without prior legislative approval.

9
‑
2
‑
1013.

State budget; distribution of copies to legislators; copies and reports of authorizations; interfund loans.

(b)

The
budget division of the
department shall furnish to the legislative service office copies of all authorizations by the governor pursuant to W.S. 9
‑
2
‑
1005(b) within ten (10) days following the authorization. The legislative service office shall make quarterly reports of all authorizations by the governor to the legislative management council and the joint appropriations
interim
committee.

The furnishing of copies of authorizations
required under this subsection shall be in addition to the notice required by W.S. 9
‑
2
‑
1005(b).

9
‑
2
‑
1014.

Report required with budget request; format and contents of report; compilation of compendium of agency reports; distribution of copies.

(a)

An agency's budget request to the department shall be accompanied by a written, comprehensive report of the programs, objectives, activities and condition covering the previous fiscal period. The report shall be in a format developed by the department
and the department of administration and information
, in conjunction with the agency and the legislative service office. Notice of the format requirements shall be forwarded to each agency no later than July 15 of each year. The report shall detail the fiscal affairs of the reporting agency including receipts and expenditures and make recommendations for improving the agency's programs.

The report shall include an annual performance report which provides a means of evaluation of the outcomes included in an agency strategic plan required by W.S. 28
‑
1
‑
115 and 28
‑
1
‑
116.

(b)

Upon the receipt of all agency reports, the department
of administration and information
shall compile and index the information into a single compendium that will facilitate its use by the governor and the legislature. When preparing the compendium
neither
the department of administration and information
nor the state budget department
shall in
no
any
manner alter or amend the information received from an agency without that agency's written direction. The report of any agency to the department is available pursuant to the Public Records Act.

(c)

Electronic or printed copies of the compendium and the state budget document shall be submitted to the governor and to each legislator. Printed copies of the compendium shall be furnished to the
budget division
department
and the state library division within the department
of administration and information
, the state auditor, the department of audit, the legislative service office
,
and to any legislator requesting a printed copy.

9
‑
2
‑
1104.

Commission; powers and duties; advisory capacity to promote system development; public meetings; clerical and administrative support.

(a)

The commission shall:

(i)

Work with the
state
budget
division of the
department
,

of administration and information,
the department of enterprise technology services, the department of homeland security and the department of transportation in an advisory capacity to promote the development, improvement and efficiency of public safety communications systems in the state;

9
‑
2
‑
2012.

Department of corrections created; director appointed; structure.

(d)

The board of parole shall be deemed a state agency for budgeting purposes pursuant to W.S.
9
‑
2
‑
1001
9
‑
2
‑
1001.1
through
9
‑
2
‑
1026
9
‑
2
‑
1014.2
.

9
‑
2
‑
2202.

Duties and function of office.

(b)

In addition to conducting hearings pursuant to subsection (a) of this section, the office of administrative
hearings may, if requested, provide hearing services for any other state agency, provided:

(iii)

Hearings will be conducted in an impartial manner pursuant to the Wyoming Administrative Procedure Act, applicable provisions of the Wyoming Rules of Civil Procedure and any rules for the conduct of contested cases adopted by the director of the office of administrative hearings which shall take precedence over hearing rules promulgated by the requesting agency.

In the case of personnel hearings conducted pursuant to W.S.
9
‑
2
‑
1019
9
‑
2
‑
3206
, the state personnel rules shall govern the conduct of the hearings;

9
‑
3
‑
203.

Definitions.

(a)

As used in this act:

(iv)

"Employee" means any employee of a participating school district or participating board of cooperative educational services whose salary is paid by funds of the district or board, or any official or employee of the state of Wyoming whose salary is paid by state funds, including employees and faculty members of the University of Wyoming and various community colleges in the state, except persons employed on intermittent, irregular, or less than halftime basis and any at
‑
will contract employee who does not meet the requirements established under W.S.
9
‑
2
‑
1022(a)(xi)(F)(III) or (IV)
9
‑
2
‑
3207(a)(xi)(F)(III) or (IV)
. "Employee" shall not include employees of the agricultural extension service of the University of Wyoming who hold federal civil service appointments, are required to participate in federal civil service retirement and who elect to participate in the federal employees' health benefit program as authorized in W.S. 9
‑
3
‑
210(d);

9
‑
3
‑
211.

Deductions from salaries of monthly contributions by employees and officials; establishment of procedure.

(c)

Notwithstanding any other provision of the State Employees' and Officials' Group Insurance Act and for the contributions provided by W.S.
9
‑
2
‑
1022(a)(xi)(F)(IV)
9
‑
2
‑
3207(a)(xi)(F)(IV)
, the contributions required by subsection (a) of this section may be paid by the Wyoming livestock board for state employee members in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, section 414(h).

The amounts shall be stated in the employment contract.

9
‑
3
‑
402.

Definitions.

(a)

As used in this article:

(vii)

"Member" means and includes any full
‑
time or regular part
‑
time employee of an employer, including substitute teachers if treated by the employer as regular, part
‑
time employees and including law enforcement officers and firefighter members, but "member" does not mean:

(M)

An at
‑
will contract employee under W.S.
9
‑
2
‑
1022(a)(xi)(F)
9
‑
2
‑
3207(a)(xi)(F)
, unless specifically authorized by the contract pursuant to W.S.
9
‑
2
‑
1022(a)(xi)(F)(III) or (IV)
9
‑
2
‑
3207(a)(xi)(F)(III) or (IV)
;

9
‑
3
‑
406.

Retirement board; employment and compensation of director, consulting actuary and assistants; director designated secretary; compensation of members; quorum; seal.

(a)

The board shall employ a director and a consulting actuary and other professional and clerical assistants necessary for the administration of the retirement system and the Wyoming deferred compensation program established under W.S. 9
‑
3
‑
501 through 9
‑
3
‑
508. The compensation of employees shall be fixed by the board, subject to confirmation and approval by the human resources division and together with all other necessary expenses of the board shall be paid by vouchers drawn on the state treasurer of Wyoming. The director shall also serve, without additional compensation, as secretary of the board.

The board shall have the authority to obtain the financial and criminal background history of an employee or employment applicant of the Wyoming retirement system in accordance with W.S. 7
‑
19
‑
106 and 7
‑
19
‑
201.

In fixing compensation of employees the board may implement and administer a performance compensation plan in accordance with this subsection.

The plan shall:

(xiii)

Subject participating employees to the following terms and conditions related to leave time:

(B)

Senior analysts and analysts shall receive leave time in accordance with standards and rules established or promulgated in accordance with W.S.
9
‑
2
‑
1022(a)
9
‑
2
‑
3207(a)
.

9
‑
3
‑
412.

Members' contributions; payroll deductions; employer authorized to pay employee's share.

(b)

Except as provided by W.S.
9
‑
2
‑
1022(a)(xi)(F)(III) or (IV)
9
‑
2
‑
3207(a)(xi)(F)(III) or (IV)
, in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, section 414(h) the contributions required by subsection (a) of this section shall be paid by the employer
for state employee members and may be paid by the employer for member employees of political subdivisions of this state. Any contract employee authorized to participate in the state retirement system under W.S.
9
‑
2
‑
1022(a)(xi)(F)(III)
9
‑
2
‑
3207(a)(xi)(F)(III)
shall pay the entire member contribution and the entire employer contribution under W.S. 9
‑
3
‑
413.

For the contributions as provided by W.S.
9
‑
2
‑
1022(a)(xi)(F)(IV)
9
‑
2
‑
3207(a)(xi)(F)(IV)
, the contributions required by subsection (a) of this section may be paid by the Wyoming livestock board for state employee members in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, section 414(h). The amounts shall be stated in the employment contract.

(c)

The contributions under subsection (b) of this section shall be paid from the source of funds which is used in paying salary to the member. The employer may pay these contributions by a reduction in cash salary of the member or by an offset against a future salary increase, or by a combination of a reduction in salary and an offset against a future salary increase, provided:

(iv)

For full
‑
time brand inspection contract employees authorized to participate in the state retirement system under W.S.
9
‑
2
‑
1022(a)(xi)(F)(IV)
9
‑
2
‑
3207(a)(xi)(F)(IV)
, not more than five and fifty
‑
seven hundredths percent (5.57%) of the contract employee's salary shall be paid by the livestock board unless specified otherwise by legislative act.

9
‑
3
‑
413.

Employer's contributions; payable monthly; transfer to account; interest imposed upon delinquent contributions; recovery.

Except as provided by W.S.
9
‑
2
‑
1022(a)(xi)(F)(III) or (IV)
9
‑
2
‑
3207(a)(xi)(F)(III) or (IV)
, 9
‑
3
‑
431 and 9
‑
3
‑
432, each employer excluding employers of firefighter members, shall on a monthly basis, pay into the account a contribution equal to eight and sixty
‑
two hundredths percent (8.62%) of the salary paid to each of its members covered under this article for the period from September 1, 2018 through June 30, 2019, eight and eighty
‑
seven hundredths percent (8.87%) of the salary paid for the period from July 1, 2019 through June 30, 2020, nine and twelve hundredths percent (9.12%) of the salary paid for the period from July 1, 2020 through June 30, 2021 and thereafter nine and thirty
‑
seven hundredths percent (9.37%) of the salary paid.

Employers of firefighter members shall pay into the account a contribution equal to seven and twelve hundredths percent (7.12%) of the salary paid.

Employer contributions for any month, together with the members' contributions for that month, if any, shall be transferred to the board not later than the twelfth day of the following month.

These contributions shall be credited to the account in a manner as directed by the board.

Any employer failing to transfer contributions under this section in sufficient time for the board to receive the contributions by the twenty
‑
fifth day of the month due shall be assessed interest at the assumed rate of return as determined by the board, compounded annually. Interest imposed under this section shall be payable not later than the twelfth day of the next succeeding month. If the contributions and any interest imposed under this section are not transferred to the board when due, they may be recovered, together with court costs, in an action brought for that purpose in the first judicial district court in Laramie County, Wyoming
.

9
‑
3
‑
424.

Refund of contributions upon termination of employment; procedure; redeposit; limitation on refund.

(a)

Except as provided in subsection (b) of this section, any member covered by this article, including an at
‑
will contract employee under W.S.
9
‑
2
‑
1022(a)(xi)(F)(III) or (IV)
9
‑
2
‑
3207(a)(xi)(F)(III) or (IV)
, who terminates his employment or any employee of the agricultural extension service of the University of Wyoming who has not elected to continue to be covered by this article is entitled to a refund of his account. In addition, any member who is entitled to a refund who is an at
‑
will contract employee under W.S.
9
‑
2
‑
1022(a)(xi)(F)(III)
9
‑
2
‑
3207(a)(xi)(F)(III)
, shall be entitled to a refund of his account plus any employer matching contributions made by that member. In addition, any member who is entitled to a refund who is an at
‑
will contract employee under W.S.
9
‑
2
‑
1022(a)(xi)(F)(IV)
9
‑
2
‑
3207(a)(xi)(F)(IV)
, shall be entitled to a refund of his account plus any employer matching contributions made by that member. The refunds shall be made only upon written request to the board. A member may elect, at the time and in the manner prescribed by the system, to have the refund of his account paid directly to an eligible retirement plan as specified by the member.

Any member who withdraws from the system under this section shall forfeit all rights to further benefits, employer matching contributions and service credit under the system. Any person who later returns to service covered by this article may redeposit a single lump
‑
sum amount equal to the amount of the contributions withdrawn, together with an amount equal to the actuarial equivalent of the benefits to be derived from the redeposit, past employer contributions, the individual's attained age and the benefit structure of the appropriate plan, and upon earning not less than two (2)
years service
credit, may reestablish his service credits as of the time of withdrawal of his contributions. For service prior to July 1, 2002, any law enforcement member covered under W.S. 9
‑
3
‑
432 may redeposit the amount of contributions withdrawn for service covered under W.S.
9
‑
3
‑
432, in a lump sum, together with interest and the actuarial equivalent of the difference between the benefit provided under W.S. 9
‑
3
‑
415 through 9
‑
3
‑
419 and the benefit provided under W.S. 9
‑
3
‑
432, and upon earning not less than two (2)
years service
credit, may reestablish his service credit as of the time of withdrawal of his contributions. Any redeposit payment pursuant to this subsection shall be made not later than ten (10) years following the date of reemployment or prior to retirement, whichever first occurs.

A member may make a redeposit under this subsection with personal funds or, subject to rules and regulations established by the board, through rollover contributions.

Unless received by the system in the form of a direct rollover, the rollover contribution shall be paid to the system on or before sixty (60) days after the date it was received by the member. Unless otherwise permitted by section 401(a)(8) of the Internal Revenue Code, forfeitures shall not be applied to increase the benefits that any employee would otherwise receive under the system.

9
‑
3
‑
501.

Definitions.

(a)

As used in this article:

(iii)

"Employee" means any person including any elected official employed by and receiving compensation from the state of Wyoming or a county, city, town or other political subdivision, but does not include any at
‑
will contract employee under W.S.
9
‑
2
‑
1022(a)(xi)(F)
9
‑
2
‑
3207(a)(xi)(F)
;

9
‑
4
‑
204.

Funds established; use thereof.

(s)

It is the intent of the legislature to establish uniform requirements for state government accounting and
financial reporting in accordance with the generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (
GASB
), or its successor bodies, so that the financial position and the results of operations of state government can be publicly available to citizens, legislators, financial institutions and others interested in such information.

To implement these requirements:

(ii)

All state agencies in all branches of government and specifically the
state
budget
division of the
department
,

of administration and information,
the governor and the consensus revenue estimating group shall use the fund types specified in subsection (t) of this section in preparing state budget documents, budget recommendations, revenue estimates and legislation;

9
‑
4
‑
205.

Appropriations and expenditures.

(c)

The revenues and other resources in any funds created by this act which are not affected by subsection (a) or (b) of this section may be expended pursuant to law or agreement if in conformity with the requirements of the
state
budget
division of the
department
,

of administration and information,
if any.

9
‑
4
‑
206.

Disposition of revenue; cash accounts; investment of monies held by state institutions.

(b)

Supplemental additions to approved budgets for acceptance and expenditure of federal funds authorized for acceptance by the governor after notice is provided to the legislature pursuant to W.S. 9
‑
2
‑
1005(b) shall be in writing, signed by the governor or his designated representative with copies to the state auditor and
state budget
department
.

of
administration and information.
Upon approval by the governor, federal revenue that is accepted and which will result in a saving or replacement of state monies to accomplish a budgeted activity or function shall be transferred to the general fund with appropriate explanation.

9
‑
4
‑
207.

Disposition of unexpended appropriations.

(b)

All unexpended federal funds appropriations and budget authorizations to accept and expend federal funds as provided by W.S. 9
‑
4
‑
206(b) shall be reviewed by the
state budget
department
of administration and information
at the end of the fiscal period. The department may authorize amounts to be carried forward into the next fiscal period which are necessary to complete activities or functions in progress, for activities or functions not then started, and for purposes as specified in subsection (d) of this section. Federal funds not carried forward shall revert to the general fund unless federal requirements provide otherwise or unless otherwise provided by the legislature.

(e)

In each even numbered year:

(iii)

Not later than December 1, the auditor shall:

(B)

In consultation with the
state budget
department
,

of administration and information,
report to the governor and joint appropriations
interim
committee on all unexpended appropriations or authorizations remaining after September 30.

The state chief information officer shall be consulted for purposes of information technology projects within the report.

The report shall include:

(g)

The state auditor, in consultation with the
state budget
department
,

of administration and information,
shall accommodate the department of transportation's October through September fiscal period in implementing the reporting requirements of subsections (e) and (f) of this section regarding the disposition of unexpended appropriations while still identifying any reversions by October 1 of each even numbered year.

9
‑
4
‑
214.

Control and budgetary accounts; uniform accounting systems.

(a)

The state auditor shall establish general control accounts for each fund appropriation included in legislative appropriation acts to reflect the amount of expenditure approved charging against each type of fund the expenditures as made to disclose the unexpended authorizations. The
state budget
department
of administration and information
shall establish budgetary accounts as necessary. The state auditor, state treasurer and the
state budget
department
of administration and information
shall develop and maintain the state's uniform centralized accounting system and methods for identifying, classifying and reporting revenues, receipts and disbursements including accounts and subaccounts for all nonappropriated state funds and shall develop and implement a uniform modified accrual accounting system.

9
‑
4
‑
217.

Uniform state accounting system.

(e)

The state auditor, with assistance from the department of audit, the
state
budget
division of the
department
,

of administration and information,
and the state treasurer shall prescribe such internal control procedures for any state agency as he deems necessary to assure assets are properly safeguarded, accounting entries are accurate and
reliable, and assets and resources are being utilized consistent with the requirements of the law and duly established managerial policies in an effective, economical and efficient manner.

9
‑
4
‑
715.

Permissible investments.

(q)

The state treasurer, or his designee, which shall be registered under the Investment Advisor's Act of 1940 as amended if required to be registered by the terms of that act as amended shall invest the legislative stabilization reserve account created in W.S. 9
‑
4
‑
219 in a manner to obtain the highest return possible subject to the following:

(iii)

After consultation with the
state
budget
division of the
department
,

of administration and information,
up to fifty
‑
five percent (55%) of the unobligated, unencumbered balance of the legislative stabilization reserve account in excess of the amount specified in paragraph (ii) of this subsection, as calculated by the state auditor on October 1 of each fiscal year, may be invested in equities, including stocks of corporations.

Investments under this paragraph shall be made in compliance with subsections (c) and (d) of this section;

9
‑
5
‑
106.

State building commission; powers relative to use of state buildings; rules authorized; exceptions.

(b)

The secretary to the commission under W.S.
9
‑
2
‑
1016(b)(xxi)
9
‑
2
‑
3204(b)(xxi)
shall administratively implement any rules of the state building commission adopted under this section.

The director of the department of administration and information may adopt rules and regulations which make violation of rules adopted by the commission under subsection (a) of this section grounds for
disciplinary action for any state employee violating the rules of the state building commission regarding operation, management or use of state buildings.

9
‑
7
‑
104.

Community development authority; creation; composition; compensation; termination; meetings; surety bonds; personal liability; fiscal control.

(g)

Notwithstanding any other provision, the directors, the executive director and the employees of the authority shall receive approval in advance from the governor prior to traveling out of state on official business.

Except as specifically provided in this act, the provisions of W.S.
9
‑
2
‑
1001
9
‑
2
‑
1001.1
through
9
‑
2
‑
1024
9
‑
2
‑
1014.2 and 9
‑
2
‑
3201 through 9
‑
2
‑
3208
do not apply to the authority.

9
‑
12
‑
103.

Wyoming business council; creation; composition; compensation; termination; meetings; surety bonds; fiscal control.

(g)

Except as specifically provided in this act, the following provisions do not apply to the council:

(i)

W.S.
9
‑
2
‑
1001
9
‑
2
‑
1001.1
through
9
‑
2
‑
1026
9
‑
2
‑
1014.2 and 9
‑
2
‑
3201 through 9
‑
2
‑
3209
;

9
‑
17
‑
128.

Reports by corporation; audits; budget; fiscal year.

(a)

To ensure the financial integrity of the lottery, the corporation through its board of directors shall:

(v)

Submit to the governor, the department of audit and the joint revenue interim committee by June 30 of each year a copy of the annual operating budget for the
corporation for the next fiscal year.

This annual operating budget shall be approved by the board and be on forms as prescribed by the
state budget
department
;
of administration and information;

11
‑
20
‑
201.

Designation of contract services to implement brand inspection laws; bond required;

bond of inspectors; interstate cooperative agreements.

(b)

The agency, or the board may contract for inspectors as the board deems necessary to carry out specified duties. The board may contract for inspectors through an individual at
‑
will contract. The board may contract to provide the inspector salary, mileage, per diem and other necessary reimbursable expenses, membership in the state employees’ and officials’ group insurance plan in accordance with W.S.
9
‑
2
‑
1022(a)(xi)(F)(IV)
9
‑
2
‑
3207(a)(xi)(F)(IV)
and 9
‑
3
‑
207, and the state retirement system in accordance with W.S.
9
‑
2
‑
1022(a)(xi)(F)(IV)
9
‑
2
‑
3207(a)(xi)(F)(IV)
and 9
‑
3
‑
412. The board shall be authorized to establish mileage rates without regard to the limitations provided in W.S. 9
‑
3
‑
103. During the time that inspectors are acting within the scope of their duties on behalf or in service of the state in their official capacity, inspectors are covered by the provisions of the Wyoming Governmental Claims Act, W.S. 1
‑
39
‑
101 through 1
‑
39
‑
120, and the state self
‑
insurance program, W.S. 1
‑
41
‑
101 through 1
‑
41
‑
111. It may assign inspectors inside or outside of this state as it deems appropriate. A blanket bond or individual bonds shall be executed to the state with good and sufficient surety in an amount determined by the board, conditioned for the full and faithful performance and discharge of the inspector's duties. The bond shall be approved by and filed in the office of the board.

13
‑
2
‑
807.

Examinations; periodic reports; cooperative agreements; assessment of fees.

(d)

The commissioner may enter into contracts with any bank supervisory agency having concurrent jurisdiction over a Wyoming state bank or an out
‑
of
‑
state state bank operating a branch in this state pursuant to this article to engage the services of the agency's examiners at a reasonable rate of compensation, or to provide the services of the commissioner's examiners to the agency at a reasonable rate of compensation.

Any such contract shall not be subject to the provisions of W.S.
9
‑
2
‑
1016(b)
9
‑
2
‑
3204(b)
.

14
‑
5
‑
104.

Agreements with other party states authorized; when approval required.

Officers and agencies of the state of Wyoming and its subdivisions having authority to place children may enter into agreements with appropriate officers or agencies of other party states pursuant to article IV(b) of W.S. 14
‑
5
‑
101. Any agreement which contains a financial commitment or imposes a financial obligation on the state of Wyoming, a subdivision or agency thereof is not binding unless it has the written approval of the
administrator
director
of the

state
budget
division of the Wyoming
department
of administration and information
or the county treasurer in the case of a county.

16
‑
3
‑
101.

Short title; definitions.

(b)

As used in this act:

(ii)

"Contested case" means a proceeding including but not restricted to ratemaking, price fixing and licensing, in which legal rights, duties or privileges of a party are
required by law to be determined by an agency after an opportunity for hearing but excludes designations under W.S.
9
‑
2
‑
1022(h)(i)
9
‑
2
‑
3207(h)(i)
;

(ix)

"Rule" means each agency statement of general applicability that implements, interprets and prescribes law, policy or ordinances of cities and towns, or describes the organization, procedures, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

(G)

Designations under W.S.
9
‑
2
‑
1022(h)(i)
9
‑
2
‑
3207(h)(i)
; or

(xii)

"Internet" means as defined in W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
;

16
‑
3
‑
103.

Adoption, amendment and repeal of rules; notice; hearing; emergency rules; proceedings to contest; review and approval by governor.

(h)

An agency may incorporate, by reference in its rules and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, provided:

(iv)

The incorporating agency maintains and makes available for public inspection a copy of the incorporated matter at cost from the agency and the rules of the incorporating agency state where the incorporated matter is available on the internet as defined in W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
; and

16
‑
4
‑
122.

Required annual audits; reports; contents and filing.

(b)

Copies of the audit reports shall be filed with and preserved by the county clerk of each affected county and shall be open to inspection by any interested person. Copies of all audits shall also be filed with the director of the state department of audit. Copies of school audits shall also be filed with the state department of education on or before December 15 following the end of the audited fiscal year. Copies of community college audit findings shall also be filed with the community college commission and the
state
budget
division of the
department
of administration and information
as provided by W.S. 21
‑
18
‑
204.

19
‑
7
‑
103.

Adjutant general; appointment; rank; removal; duties and qualifications.

(b)

The adjutant general of Wyoming shall have powers and duties and be paid a salary as follows:

(xii)

He may dispose of lands, buildings or fixtures under the control of the department by sale, exchange or other transfer. He may execute deeds for such transfers in the name of the state. Money from such sale, exchange or transfer may be utilized for the acquisition of additional lands, buildings or fixtures within the same budget biennium. Any such sale, exchange or other transfer shall be conducted in accordance with the provisions of W.S. 36
‑
9
‑
101, 36
‑
9
‑
102 and 36
‑
9
‑
104 through 36
‑
9
‑
120, except these provisions of W.S. title 36, chapter 9 shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department and the provisions of W.S.
9
‑
2
‑
1016(b)(viii)
9
‑
2
‑
3204(b)(viii)
also shall not apply when both the title to the land and to
all buildings thereon is solely in the name of the department or any division of the department.

The sections of title 36 identified in this paragraph and W.S.
9
‑
2
‑
1016(b)(viii)
9
‑
2
‑
3204(b)(viii)
also shall not apply when any such sale, exchange or other transfer is to another governmental entity, state agency or local government, as defined in W.S. 1
‑
39
‑
103, even if the title to the land and to all buildings thereon are not solely in the name of the department or a division thereof;

(xxi)

He may use federal procurement procedures when letting contracts concerning properties under the control of the adjutant general, subject to authorization as provided in W.S.
9
‑
2
‑
1016(b)(iv)(H)
9
‑
2
‑
3204(b)(iv)(H)
;

21
‑
2
‑
204.

Wyoming Accountability in Education Act; statewide education accountability system created.

(h)

For all schools a progressive system of support and intervention to assist schools shall be established by the state board through the department. The system shall increase the ability of schools and school districts to improve achievement and growth indicator performance and expand the ability for schools and school districts within the state to continuously improve. The system shall clearly identify and prescribe the actions for each level of support, including comprehensive and targeted support and intervention. The state superintendent shall take action based upon system results according to the following:

(viii)

To the extent permitted by law and rule and regulation, plans submitted in compliance with paragraphs (v) and (vi) of this subsection shall serve to comply with similar requirements administered by the state superintendent and the department, and the state board shall ensure the plans
minimize submission of duplicative information, material and the administrative burdens placed upon schools.

In addition, the following shall apply to the plans submitted under this subsection:

(A)

All plans submitted under this subsection shall be made available for public inspection through internet access as defined by W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
;

21
‑
15
‑
119.

Commission budget and funding recommendations.

(a)

Notwithstanding W.S. 9
‑
2
‑
1012, the commission shall annually, not later than September 1, develop and submit a recommended budget for projects and school capital construction financing to the governor, through the
state
budget
division of the
department
of administration and information
and to the select committee on school facilities. The department shall prepare and provide information as requested by the commission.

The commission shall include with its recommended budget to the select committee the comprehensive assessment specified in W.S. 21
‑
15
‑
115(b), the prioritized list of projects specified in W.S. 21
‑
15
‑
117 including the amounts allocated to each project and the annual building status report specified under W.S. 21
‑
15
‑
121. The recommended budget submitted by the commission shall include:

21
‑
18
‑
203.

Budget procedure.

(a)

In collaboration with the boards of the community colleges, the commission shall submit state appropriation requests on behalf of the community college system in compliance with the statewide community college system strategic plan. The standard budget request submitted by the
commission for state aid to community colleges under W.S. 21
‑
18
‑
205 for the fiscal biennium commencing July 1, 2020 and every four years thereafter, shall be equal to the amount defined in W.S. 9
‑
2
‑
1002(a)(ix). A request for an enrollment adjustment to the standard budget for state aid to community colleges shall be submitted every four (4) years commencing in the fiscal biennium beginning July 1, 2018.

The enrollment adjustment shall be based solely upon the calculation under

subsection (e) of this section. The budget requests shall be made upon forms and in a format to be determined by the
state
budget
division of the
department
.
of administration and information.

21
‑
18
‑
204.

Commission and districts subject to public records provisions; Uniform Municipal Fiscal Procedures Act.

(b)

The community college districts are subject to the provisions of the Uniform Municipal Fiscal Procedures Act. Audits for each community college required by W.S. 16
‑
4
‑
121 shall be performed by independent auditors selected by the college. The audits shall be conducted in accordance with guidelines set forth in W.S. 9
‑
1
‑
507.

The independent auditors shall submit audit findings to the college board of trustees, the commission and the
state
budget
division of the
department
.

of administration and information.

Questions by the commission regarding audits shall be submitted to the community colleges for response.

21
‑
18
‑
225.

College maintenance and capital construction funding.

(a)

As part of its administrative functions, the community college commission shall identify community college building needs and develop a prioritized list of community college capital construction projects. The prioritized
community college capital construction projects shall be reported by the commission to the state construction department in accordance with subsection (g) of this section.

Following review, analysis and study, the state construction department shall forward recommendations for community college capital construction projects to the state building commission. The state construction department shall also submit major maintenance budget requests for college buildings to the legislature in accordance with this section.

Major maintenance budget requests shall be based upon the square footage submitted by the commission under subsection (f) of this section and upon a formula adopted by the state building commission, and upon forms and in a format specified by the
state
budget
division of the
department
.

of administration and information.

College building maintenance budget requests submitted by the state construction department to the legislature and capital construction budget requests forwarded by the state building commission to the legislature shall include only necessary building square footage:

22
‑
25
‑
107.

Where reports to be filed.

(e)

The secretary of state shall maintain a searchable database of reports filed pursuant to this chapter available to the public on or through the Internet as defined in W.S.
9
‑
2
‑
1035(a)(iii)
9
‑
2
‑
3219(a)(iii)
. The secretary of state shall be responsible for the provision of training and instruction for filers on how to access and use the campaign finance electronic filing system.

The training shall be for the purpose of educating filers about use of the system, and is not intended to assist filers with filing their reports.

24
‑
2
‑
115.

Program for specific service signing by businesses or attractions; department duties and responsibilities; contracting of duties; fees.

(b)

In establishing the program under this section, the department shall by rule and regulation:

(v)

Provide for oversight of the program and subject to W.S.
9
‑
2
‑
1016(b)
9
‑
2
‑
3204(b)
, may establish necessary procedures for contracting services for the construction, erection and maintenance of highway specific service signing pursuant to this section;

26
‑
2
‑
105.

Insurance commissioner; salary.

The commissioner shall receive a salary as provided under W.S.
9
‑
2
‑
1022
9
‑
2
‑
3207
.

26
‑
2
‑
106.

Deputy commissioner, examiners, clerks, assistants and consultants.

(c)

Salary for personnel in subsections (a) and (b) of this section shall be as provided under W.S.
9
‑
2
‑
1022
9
‑
2
‑
3207
.

28
‑
8
‑
111.

Assistance to be provided by state and local officers or agencies; duty of audited agencies.

(b)

In preparing fiscal and personnel notes for proposed legislation as required by joint rule of the legislature, the
state
budget
division of the
department
of administration and information, its successor,
and any agency or department of state government shall furnish any information or assistance relative thereto as soon as reasonably practicable upon request of the director.

33
‑
1
‑
302.

Duties of licensure boards.

(a)

Except as otherwise specifically provided by statute, a board authorized to establish examination, inspection, permit or license fees for any profession or occupation regulated under this title or under W.S. 11
‑
25
‑
105, 21
‑
2
‑
802 or 23
‑
2
‑
414 shall:

(viii)

Receive budget, fiscal, administrative and clerical service from the department of administration and information as provided in W.S.
9
‑
2
‑
1002(b)
9
‑
2
‑
3202(b)
and 9
‑
2
‑
1707(b)(iii), except as provided hereinafter. The licensure board or commission shall pay a reasonable rate established by rule and regulation of the department of administration and information for services necessary to support the operation of the licensure board or commission.

A board or commission may terminate services described herein upon demonstration to the department of administration and information, in the manner and form determined sufficient by the department of administration and information, that the board or commission is financially independent and able to secure staff to perform the functions necessary for independent operation;

(ix)

If applicable, pay the amount determined appropriate for any cost allocation program supporting licensure boards as determined by the
state budget
department
of administration
as provided in W.S. 9
‑
2
‑
1004(c).

35
‑
1
‑
243.

Public health nursing.

(d)

If the commissioners of a county enter into a memorandum of understanding to provide public health nursing services under the system specified in paragraph (a)(ii) of
this section, at the request of the commissioners of the county, county employee positions assisting in providing public health functions may be transferred to state at
‑
will employee contract positions under W.S.
9
‑
2
‑
1022(a)(xi)(F)
9
‑
2
‑
3207(a)(xi)(F)
or to permanent state positions, provided that the number of positions transferred under this subsection shall not exceed the largest number of public health nursing positions in the county between July 1 and December 31 of the year prior to the transfer. A transfer under this subsection shall mean payment of monies to the department for the purpose of creating a position under W.S. 35
‑
1
‑
243(a)(ii). Any state employee position created shall comply with the state of Wyoming personnel rules. The department may charge an administrative fee and accept county or other local funds to defray the cost of transferred positions as provided in the memorandum of understanding. The funds shall be deposited by the state treasurer in a separate account. The funds in the account are continuously appropriated to the department of health and shall be paid out upon request of the department as provided by law.

Positions transferred under this subsection into state permanent positions shall be paid benefits in the same manner and at the same rates as for comparable state employees pursuant to the state of Wyoming compensation policy. The department's authorization for employee positions shall be expanded by operation of law to accommodate all positions transferred to the state under this subsection and shall continue so long as the county that requested the transfers satisfies its obligations under its memorandum of understanding with the department.

Upon a county's failure to make all payments required by its memorandum of understanding with the department or upon the county's request, the department shall no longer have any state positions transferred by the county under this subsection and, upon written notice to the transferred employees and the
county, shall follow the state of Wyoming personnel rules regarding reductions in force.

All positions created under this subsection shall be included within the department's standard or supplemental budget request.

36
‑
4
‑
110.

Power to lease or rent concessions.

(b)

The department, with the advice of the commission, shall promulgate rules that shall apply to any for profit business concession with a five (5) year or greater contract or lease term to promote the uniform and effective administration of state outdoor recreation areas and facilities. Rules adopted under this subsection shall specify:

(i)

Uniform procedures for bidding, entering into leases or contracts and assessing fees under this section, consistent with W.S.
9
‑
2
‑
1016(b)(iv)
9
‑
2
‑
3204(b)(iv)
, and making any forms available in electronic format on the department website;

40
‑
14
‑
636.

Records; confidentiality.

(j)

The administrator may enter into contracts with any supervisory agency having concurrent jurisdiction over a Wyoming licensee pursuant to this act to engage the services of the agency's examiners at a reasonable rate of compensation.

Any contract under this subsection shall not be subject to the provisions of W.S.
9
‑
2
‑
1016(b)
9
‑
2
‑
3204(b)
.

40
‑
23
‑
112.

Records; confidentiality of records; exception.

(e)

The commissioner may enter into contracts with any mortgage lending or mortgage brokering supervisory agency
having concurrent jurisdiction over a Wyoming licensee pursuant to this act to engage the services of the agency’s examiners at a reasonable rate of compensation.

Any such contract shall not be subject to the provisions of W.S.
9
‑
2
‑
1016(b)
9
‑
2
‑
3204(b)
.

42
‑
4
‑
120.

Contracts for waiver services; authority of department; emergency case services; cost based payments; training and certification of specialists.

(m)

The department shall ensure that state agencies working with service providers receiving funds pursuant to this section shall have established employment first policies, including competitive employment in an integrated setting, consistent with the requirements of W.S.
9
‑
2
‑
1022
9
‑
2
‑
3207
.

Section 4
.

W.S.
9
‑
2
‑
1001 is renumbered as 9
‑
2
‑
3201, 9
‑
2
‑
1002(a)(xi), (xiii) through (xv) and (b) through (d) as 9
‑
2
‑
3202(a)(vii) through (xii) and (b) through (d), 9
‑
2
‑
1003 as 9
‑
2
‑
3203, 9
‑
2
‑
1016 as 9
‑
2
‑
3204, 9
‑
2
‑
1017 as 9
‑
2
‑
3205, 9
‑
2
‑
1019 as 9
‑
2
‑
3206, 9
‑
2
‑
1022 as 9
‑
2
‑
3207, 9
‑
2
‑
1024 as 9
‑
2
‑
3208, 9
‑
2
‑
1026 as 9
‑
2
‑
3209, 9
‑
2
‑
1026.5 through 9
‑
2
‑
1026.13 as 9
‑
2
‑
3210 through 9
‑
2
‑
3218 and 9
‑
2
‑
1035 through 9
‑
2
‑
1037 as 9
‑
2
‑
3219 through 9
‑
2
‑
3221.

Section 5.

W.S. 9
‑
2
‑
1002(d)(i), renumbered as 9
‑
2
‑
3202(d)(i) by Section 4 of this act and 9
‑
2
‑
2021(g) are repealed.

Section 6
.

In preparing the statutes of the state of Wyoming for printing after the 2021 general session in accordance with W.S. 28
‑
8
‑
105(a)(v), the legislative service
office shall correct any references to section numbers that are renumbered by this act and which are not otherwise corrected.

This authority shall include correction of internal references in the renumbered W.S. 9
‑
2
‑
3202(a)(vii), 9
‑
2
‑
3209, 9
‑
2
‑
3219(a)(vii) and 9
‑
2
‑
3220(b)(iv).

Section 7.

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.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1