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22LSO-0433
2022
STATE OF WYOMING
22LSO-0433
Numbered
2.0
SENATE FILE NO. SF0104
Unappropriated federal funds-reporting and limitations.
Sponsored by: Senator(s) McKeown, Bouchard and James and Representative(s) Fortner, Laursen and Wharff
A BILL
for
AN ACT relating to the administration of government; clarifying reporting requirements for notice of the potential acceptance or expenditure of federal funds in excess of amounts approved by legislative act; requiring the express affirmative approval of the legislature before the acceptance or expenditure of federal funds in excess of amounts approved by legislative act; making conforming amendments; repealing conflicting provisions; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 9
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2
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1005(a)(xi), (g)(intro) and by creating a new paragraph (v) and 9
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4
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206(b)(intro)
are amended to read:
9
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2
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1005.
Payment of warrants; budget powers of governor; agency budgets; federal funds; new employees.
(a)
No warrant shall be drawn by the auditor or paid by the treasurer:
(xi)
If the expenditure is requested from federal revenues exceeding the amount authorized by a legislative appropriation act except upon notice to the legislature and approval of the governor as provided by paragraph (b)(iii) and subsection (g) of this section
and, if required by subsection (g) of this section, approval of the legislature
;
(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
and, if the federal funds are subject to paragraphs (i) through
(iv) of this subsection, until expressly approved by the legislature
. If the governor
or the legislature
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
that
would result in the disbursement of funds, directly or indirectly through contracts for services, to the public or private entity involved. For any acceptance or expenditure of federal funds under this paragraph in excess of one million dollars ($1,000,000.00), the governor's office:
(v)
Shall, for any notice or report that is required to be submitted to the legislature under this subsection, provide the notice or report in writing or by electronic means to each legislator of the legislature within the time specified in this subsection for each class of funds specified in this subsection.
9
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4
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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
and to each legislator
pursuant to W.S. 9
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2
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1005(g) and, if applicable, the additional requirements of W.S. 9
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2
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1005(g) have been met, shall be in writing, signed by the governor or his designated representative with copies to the state auditor and state budget department.
If approval is required by the legislature under W.S. 9
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2
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1005(g), the governor shall provide copies of the legislative act that provides the approval to the state auditor and the state budget department.
Upon approval by the governor
and, if required under W.S. 9
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2
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1005(g), by the legislature
, federal revenue that is accepted and
which
that
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. If the provisions of W.S. 9
‑
2
‑
1005(g)(ii) or (iv)(A) or (B) are applicable, the joint appropriations committee shall meet as soon as feasible and in all events not
less
later
than ten (10) days after the legislature has received the request from
the governor.
The committee shall vote whether to recommend the legislature should meet in special session pursuant to Wyoming Constitution Article 3, Section 7 to consider the acceptance or expenditure of the federal funds. Upon receipt of the committee's recommendation, the presiding officers of each house shall initiate a poll of the members of the legislature in accordance with rules of the legislature for calling itself into special session. The governor may not accept or expend the funds until the
earlier of:
legislature has expressly approved the acceptance or expenditure of the federal funds.
Section 2.
W.S. 9
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2
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1005(g)(iii) and 9
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4
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206(b)(i) and (ii) are repealed.
Section 3.
This act shall apply to all federal funds that are in excess of amounts approved by any legislative appropriations act that may be accepted or expended by the state of Wyoming pursuant to law on and after the effective date of this act.
Section 4
.
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)
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SF0104