§ 9-1-101. Location of seat of government; residence of state officials; deputies authorized; state superintendent of public instruction physical office designation.

1. The seat of government for the state of Wyoming is located and established at Cheyenne, Wyoming.
2. The governor, secretary of state, state treasurer, state auditor and state superintendent of public instruction shall reside and maintain their offices at the seat of government.
3. The secretary of state, the state auditor, state treasurer and state superintendent of public instruction may each appoint a deputy to perform the duties of their respective offices and are responsible to the state for the acts of their deputies.
4. In recognition of Estelle Reel, the first woman elected and to hold the office of state superintendent of public instruction in Wyoming and the second woman elected and to hold a statewide office in the United States, the physical office of the state superintendent of public instruction in the state capitol building shall be designated and known as “The Estelle Reel Office of the State Superintendent of Public Instruction.”

History. Laws 1890-1891, ch. 95, § 2; 1899, ch. 35, § 1; R.S. 1899, §§ 55, 187; Laws 1909, ch. 54, § 2; C.S. 1910, §§ 92, 137, 269; C.S. 1920, §§ 102, 146, 308; R.S. 1931, §§ 109-202, 109-1302, 109-1418; C.S. 1945, §§ 18-203, 18-703, 18-704; W.S. 1957, §§ 9-3, 9-4, 9-34; W.S. 1977, §§ 9-1-103 , 9-1-106, 9-2-201 ; Laws 1982, ch. 62, § 3; 2018 ch. 51, § 2, effective July 1, 2018.

The 2018 amendment, effective July 1, 2018, added (d).

Cross references. —

As to governor's residence, see §§ 9-1-213 and 9-5-103 .

For provision requiring office of attorney general to be kept in the state capitol building, see § 9-1-604 .

For constitutional provision that legislature shall meet at the seat of government, see art. 3, § 7, Wyo. Const.

For provision only qualified elector may be appointed to civil office, see art. 6, § 15, Wyo. Const.

As to change of location of seat of government, see art. 7, § 23, Wyo. Const.

For constitutional provision that the legislature shall provide for deputies, see art. 14, § 4, Wyo. Const.

As to powers of deputies generally, see § 1-1-103 .

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of public officer for the defaults and misfeasance of clerks, assistants or deputies, 71 ALR2d 1140.

§ 9-1-102. Officers of state agencies and specified state employees to file oath and obtain bond; bond requirements.

1. Before assuming the duties of office, the chief officer or officers of each state agency, office, institution, board and commission, and any other employee of the state specified by the governor, shall take and subscribe the constitutional oath of office and obtain faithful performance and fidelity bond coverage. The oath shall be filed with the secretary of state.
2. The department of administration and information shall purchase coverage for employees or officials as required by this section in the amount necessary to:
   1. Insure the honest and faithful performance and discharge of duties;
   2. Insure accounting to the state for all monies, property, materials and records under the care, custody or control of the employees or officials by virtue of their public capacity; and
   3. Assure that upon the termination of their service with the state all monies, property, materials and records shall be turned over to their successors.
3. Prior to purchasing any bond required under this section the department of administration and information shall obtain the approval of the attorney general.
4. All bonds purchased under this section shall be acquired from a person, firm or corporation qualified by and holding a valid certificate of authority from the state insurance commissioner.
5. Bonds and records required under this section are official public records under the Public Records Act.

History. Laws 1899, ch. 22, § 3; R.S. 1899, § 96; Laws 1901, ch. 45, § 2; C.S. 1910, §§ 140, 209; Laws 1913, ch. 63, § 5; C.S. 1920, §§ 149, 222, 623; Laws 1925, ch. 156, § 5; R.S. 1931, §§ 108-907, 108-1005, 109-603, 109-1002; C.S. 1945, §§ 18-903, 18-1202, 19-1305, 19-1406; W.S. 1957, §§ 9-123, 9-144.9 to 9-144.13, 9-250, 9-401, 9-416; Laws 1971, ch. 27, §§ 18 to 22; W.S. 1977, §§ 9-2-503, 9-2-901 to 9-2-905 , 9-3-1404, 9-6-305, 9-6-406; Laws 1982, ch. 62, § 3; 1991, ch. 29, § 3.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

As to qualifications for sureties generally, see § 1-1-105 .

As to public records, see § 16-4-201 et seq.

Public Records Act. —

The reference to the “Public Records Act” in subsection (e) is apparently a reference to §§ 16-4-201 to 16-4-205 .

§ 9-1-103. State elected officials representation on boards and commissions; designees; limitations.

A state elected official may authorize a designee to act as the official’s personal representative to any board or commission of which the official is a member. The designee shall have the right to speak on behalf of the official and to vote and take other lawful action on behalf of the official as a member of the board or commission. The provisions of this section shall not apply to any board or commission to which the state elected official is appointed by the Wyoming constitution or which is comprised solely of state elected officials.

History. Laws 2005, ch. 242, § 1.

Effective dates. —

Laws 2005, ch. 242, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2005.

§ 9-1-201. Chief executive officer; powers and duties generally.

In accordance with the Wyoming constitution, the governor is the chief executive officer of the state of Wyoming. The governor shall formulate and administer the policies of, and shall exercise general supervision, direction and control over the executive branch of state government.

History. Laws 1969, ch. 95, § 1; W.S. 1957, § 9-32.1; W.S. 1977, § 9-2-119 ; Laws 1982, ch. 62, § 3.

Editor's notes. —

Laws 2004, ch. 95, § 309, as amended by Laws 2005, ch. 230, § 2, effective July 1, 2004, authorizes the governor to employ a chief information officer who is to develop a plan for the organization of information technology activities for all executive and judicial branch agencies including the department of transportation and the game and fish department. The plan will categorize each information technology structure into an enterprise framework by function and will include the development of a system for creating common information technology architecture and standards, which lead to an efficient and effective use of funds. All executive branch agencies including the department of transportation and the game and fish department and all judicial branch agencies are to assist in developing the plan and provide any information requested by the chief information officer. The chief information officer is to submit the plan to the governor for approval and to the joint appropriations interim committee for review. Notwithstanding W.S. 9-2-1005(a)(xii), 9-2-1018 , 9-2-1026 .1 and 9-2-2501 , for the period beginning July 1, 2004 and ending June 30, 2006 for all executive branch agencies except the department of transportation and the game and fish department, the chief information officer's written approval is required prior to acquisition of any information technology software, hardware or services.

Laws 2005, ch. 230, § 13, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided in art. 4, § 8, Wyo Const. Approved March 10, 2005.

§ 9-1-202. Removal of appointive officers and commissioners; reason for removal to be filed.

1. Notwithstanding any other provision of law and except as otherwise provided in this section, any person may be removed by the governor, at the governor’s pleasure, if appointed by the governor to serve as head of a state agency, department or division, or as a member of a state board or commission. The governor may only remove a member of the Wyoming business council as provided in W.S. 9-12-103 .
2. Any person who holds a state office or commission by appointment of the members of a state board, commission or administrator may be removed by:
   1. The board, commission or administrator which appointed him where provided by law; or
   2. The governor, for malfeasance or misconduct in office.
3. Reason for removal of appointed officers or commissioners shall be mailed or delivered to the person to be removed.

History. Laws 1901, ch. 45, § 3; 1905, ch. 59, § 1; C.S. 1910, §§ 210, 279; C.S. 1920, §§ 223, 318; R.S. 1931, §§ 109-1003, 109-1428; C.S. 1945, §§ 18-104, 18-1203; W.S. 1957, §§ 9-19, 9-250; W.S. 1977, §§ 9-2-101 , 9-3-1405; Laws 1982, ch. 62, § 2; 1987, ch. 175, § 1; 1998, ch. 6, § 3.

Cross references. —

For constitutional provisions relating to removal of officers, see art. 3, §§ 18, 19, Wyo. Const.

Constitutionality. —

This section does not violate the due process clause of the state constitution. State ex rel. Hamilton v. Grant, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 29 (Wyo.), reh'g denied, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 30 (Wyo. 1905).

Legislative intent. —

It was the intention of the legislature that removals from office pursuant to this section might be made summarily, without notice or hearing. State ex rel. Hamilton v. Grant, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 29 (Wyo.), reh'g denied, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 30 (Wyo. 1905).

Delegation of powers of removal to governor. —

In keeping with art. 3, § 19, Wyo. Const., the legislature delegated certain powers of removal to the governor under this section. State ex rel. Pearson v. Hansen, 401 P.2d 954, 1965 Wyo. LEXIS 140 (Wyo. 1965).

There is no property right in a public office. State ex rel. Hamilton v. Grant, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 29 (Wyo.), reh'g denied, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 30 (Wyo. 1905).

Summary removal of officer permitted. —

Under this section, the governor may act summarily and without notice or hearing, provided he complies with the requirements of filing the reason for removal. State ex rel. Hamilton v. Grant, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 29 (Wyo.), reh'g denied, 14 Wyo. 41, 81 P. 795, 1905 Wyo. LEXIS 30 (Wyo. 1905).

Removal of state engineer. —

The state engineer may be removed by the governor under this section only for misconduct or malfeasance in office. People ex rel. Emerson v. Shawver, 30 Wyo. 366, 222 P. 11, 1924 Wyo. LEXIS 69 (Wyo. 1924).

Article 8, § 5, Wyo. Const., creates the office of state engineer; art. 3, § 19, Wyo. Const., provides that all officers not subject to impeachment may be removed for misconduct or malfeasance in office as may be provided by law. Since the state engineer holds an office created by the constitution, he can be removed only for grounds mentioned therein, i.e., misconduct or malfeasance in office, and the legislature cannot add causes for removal. Insofar as this section attempts to do so with reference to the state engineer it is void. People ex rel. Emerson v. Shawver, 30 Wyo. 366, 222 P. 11, 1924 Wyo. LEXIS 69 (Wyo. 1924).

The state engineer is an executive officer appointed by and subject to removal by only the governor of In re The General Adjudication of All Rights to Use Water in the Big Horn River System and All Other Sources, State of Wyoming, 835 P.2d 273, 1992 Wyo. LEXIS 71 (Wyo. 1992).

The state engineer is not subject to impeachment; neither the constitution nor the statutes contemplate that a district court should have the authority to remove or replace the state engineer as the administrator of Wyoming water. In re The General Adjudication of All Rights to Use Water in the Big Horn River System and All Other Sources, State of Wyoming, 835 P.2d 273, 1992 Wyo. LEXIS 71 (Wyo. 1992).

Stated in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

Cited in

Myers v. United States, 272 U.S. 52, 47 S. Ct. 21, 71 L. Ed. 160, 1926 U.S. LEXIS 35 (1926).

Law reviews. —

For article, “Wyoming's Groundwater Laws: Quantity and Quality Regulation,” see XXIV Land & Water L. Rev. 39 (1989).

Am. Jur. 2d, ALR and C.J.S. references. —

Conviction of offense under federal law or law of another country as vacating accused's holding of state or local office, or as grounds for removal, 20 ALR2d 732.

Injunction as remedy against removal of public officer, 34 ALR2d 554.

Constitutionality of removal of public officer or employee because of assertion of immunity, 44 ALR2d 789.

Removal of public officer for misconduct during previous term, 42 ALR3d 691.

§ 9-1-203. Suspension of officer pending impeachment; filling vacancy.

When the house of representatives impeaches a state or judicial officer other than the governor, the governor may suspend the officer from his official functions pending the trial and other proceedings in the impeachment and may designate and appoint a qualified person to fill the office and discharge the duties thereof during the suspension.

History. Laws 1897, ch. 32, § 1; R.S. 1899, § 45; C.S. 1910, § 80; C.S. 1920, § 90; R.S. 1931, § 109-101; C.S. 1945, § 18-101; W.S. 1957, § 9-20; W.S. 1977, § 9-2-102 ; Laws 1982, ch. 62, § 3.

Cross references. —

As to impeachment of governor, see § 9-1-214 .

For constitutional provisions as to impeachment, see art. 3, §§ 17 to 19, Wyo. Const.

As to when governor may fill vacancies in office generally, see art. 4, § 7, Wyo. Const.

For provision authorizing the legislature to provide for suspending an officer in his functions, pending impeachment, see art. 6, § 16, Wyo. Const.

§ 9-1-204. Human services agencies.

1. As used in this section:
   1. “Human services agency” means any division, institution and program within the department of health, the department of workforce services or the state department of family services and all institutions, boards and programs administering, planning and providing for state human services under the supervision of the director of the department of health, the director of the department of workforce services or the director of the department of family services;
   2. “Human services program” means a program administered by a human services agency;
   3. “Policy plan” means a plan formulated by the governor and reviewed by the legislature setting forth the policies of the state toward providing and coordinating services through all human service agencies;
   4. “Program plan” means a plan for direction of each major human services program.
2. In order to coordinate policy planning for all state human services agencies, the governor may require:
   1. Each of the human services agencies to prepare an annual program plan for its program offered or to be offered within the agency;
   2. All program plans to be submitted by the agencies to the office of the state planning coordinator.
3. The office of the state planning coordinator shall:
   1. Review all program plans;
   2. Compile all program plans of the human services programs and present the compilation of plans to the governor;
   3. Monitor the implementation of a policy plan which shall be used by the human services agencies in development of programs and budget preparation;
   4. Review, on behalf of the governor, all grant applications and plans prepared by the agencies to ensure that all programs within the human services agencies comply with the state policy plan;
   5. Coordinate with any other official efforts regarding state health planning in formulating a policy plan.
4. The governor shall:
   1. Review, revise or adopt all program plans of programs within the state human services agencies;
   2. Develop a policy plan reflecting the program plans of human service agencies;
   3. Present the policy to the legislature for review.

History. Laws 1977, ch. 105, § 1; W.S. 1957, § 9-21.1; W.S. 1977, § 9-2-104 ; Laws 1982, ch. 62, § 3; 1991, ch 161, § 3; ch. 221, § 2; 2002 Sp. Sess., ch. 100, § 3; 2017 ch. 179, § 1, effective March 6, 2017.

The 2017 amendment , in (b) substituted “may” for “shall”.

Laws 2017, ch. 179, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

§ 9-1-205. Authority of governor or legislature to require information from officers, commissions or boards; right of access to state offices for purpose of inspection.

1. The governor or either house of the legislature may require any state officer, commission or board of a state institution to communicate in writing any information concerning any subject pertaining to the office, commission or board.
2. The governor shall have free access to the office of any state officer for the inspection and examination of all books, papers, records and proceedings.

History. C.L. 1876, ch. 113, Part II, § 3; R.S. 1887, § 1695; Laws 1888, ch. 54, § 5; 1890, ch. 5, § 2; 1890-91, ch. 95, § 5; R.S. 1899, §§ 48, 49, 58, 71; C.S. 1910, §§ 83, 84, 95, 108; C.S. 1920, §§ 93, 94, 105, 118; R.S. 1931, §§ 109-104, 109-105, 109-205, 109-302; C.S. 1945, §§ 18-106, 18-109, 18-205, 18-303; W.S. 1957, §§ 9-22, 9-23, 9-37, 9-69; Laws 1973, ch. 215, § 1; 1975, ch. 130, § 1; W.S. 1977, §§ 9-2-105 , 9-2-106 , 9-2-204, 9-2-331; Laws 1982, ch. 62, § 3.

§ 9-1-206. Administrative assistant; appointment; qualifications; term; compensation generally; duties; responsibility for acts.

The governor may employ an administrative assistant, who shall be a qualified elector of the state. He shall receive the compensation appropriated by the legislature and shall perform the duties required by the governor. The governor is responsible for the official acts of the administrative assistant and may remove an administrative assistant as provided in W.S. 9-1-202 .

History. Laws 1957, ch. 129, § 1; W.S. 1957, § 9-24; W.S. 1977, § 9-2-107 ; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1.

§ 9-1-207. State planning coordinator; appointment; qualifications; term; removal; powers; duties.

1. The governor may employ a state planning coordinator, who shall be a qualified elector of the state and who may be removed by the governor as provided in W.S. 9-1-202 .
2. In fulfilling the provisions of W.S. 9-1-215 , the coordinator may sit as the governor’s personal representative on all nonconstitutionally created boards and commissions which are not exclusively licensing in nature. The coordinator shall have the right to speak on behalf of the governor but not to vote. The coordinator shall not sit as the governor’s personal representative for purposes of fulfilling the provisions of W.S. 9-1-215 on any boards or commissions on which one (1) or more of the other four (4) elective state officers sit.
3. The governor personally or through his coordinator may:
   1. Cooperate with other states and the federal government and its agencies, and with all private concerns, to coordinate planning in the state of Wyoming;
   2. Coordinate the planning activities of all state departments, boards, commissions and agencies in regard to economic, fiscal, educational, social, cultural, recreational and artistic development of the state, for the purpose of creation and implementation of a comprehensive state plan. All plans prepared by state departments, boards, commissions and agencies shall be submitted at least semiannually for review and comment by the coordinator;
   3. Report to the legislature the comprehensive plan for economic and social development within the state of Wyoming.
4. The governor through the state planning coordinator shall:
   1. Develop and advocate official state positions on federal land use issues regarding multiple use of federal lands in Wyoming based on each of the beneficial uses contributed to the state and to its people;
   2. Actively monitor and request federal agencies to include the state government in the early planning stages of various federal land use management decisions;
   3. Notify various individuals, interest and user groups and solicit from them their views regarding pending federal land management issues;
   4. Utilize state agency expertise on specific issues, solicit and coordinate appropriate agency comments on pending federal land issues;
   5. Review comments from individuals, interest and user groups and state agencies, as well as other sources of information and prepare, submit and advocate the state of Wyoming’s official position to federal land use management issues;
   6. Prepare a biennial report to include:
      1. Current state positions regarding federal land use management in Wyoming;
      2. Activities of the state planning coordinator regarding federal land use management issues; and
      3. Impacts of the federal land use management issues and decisions on the state of Wyoming.

History. Laws 1969, ch. 96, §§ 1 to 3; W.S. 1957, §§ 9-144.1 to 9-144.3; W.S. 1977, §§ 9-2-701 to 9-2-703; Laws 1979, ch. 56, § 1; 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1989, ch. 282, § 1; 2005, ch. 242, § 2; 2010, ch. 82, § 1.

The 2005 amendment, inserted “In fulfilling the provisions of W.S. 9-1-215 ,” and “for purposes of fulfilling the provisions of W.S. 9-1-215 ” in (b).

Laws 2005, ch. 242, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2005.

The 2010 amendment, made stylistic changes.

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

Intent of act. —

Laws 1989, ch. 282, § 2, provides: “The intent of this act is to allow more direct involvement by the state of Wyoming in federal land planning and management. This act establishes a means for the state to more actively represent the state's interests on federal lands issues. The governor's office is directly charged with representing to the federal government Wyoming's long and short-term interests concerning federal lands. Implementation of this act should provide a balanced viewpoint about the state's economic and environmental future.”

Editor's notes. —

Laws 1997, ch. 160, § 1, authorizes the governor to enter into pilot projects with the federal government for the joint management of federal lands and provides for annual reports in the event of entering into such projects.

§ 9-1-208. Prior approval of governor required.

1. No state department, board, commission or agency whose director, board or commission members are appointed by the governor shall, without prior approval of the governor:
   1. Apply for federal funds or private endowment funds;
   2. Contract with the federal government or any private association;
   3. Effectuate and put into force any plan.

History. Laws 1969, ch. 96, § 4; W.S. 1957, § 9-144.4; W.S. 1977, § 9-2-704; Laws 1982, ch. 62, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-1-209. Coordinator of state-federal relations; appointment; removal; employment of personnel; duties; information to be supplied by agencies.

1. The governor may appoint a special assistant to be known as “the coordinator of state-federal relations”, hereinafter called “coordinator”. The coordinator may be removed by the governor as provided in W.S. 9-1-202 . The coordinator may employ personnel as the governor may approve.
2. The coordinator shall:
   1. Review all federal legislative and administrative acts which pertain to state-federal relations;
   2. Aid, assist and advise the governor on all federal aid and private endowment programs;
   3. Coordinate assistance programs between the federal government and state and local government, and coordinate private and nonprofit organizations', agencies’ or foundations’ assistance to state and local government;
   4. Collect data and information on federal aid and private endowment programs and maintain a central depository for the data and information relating to all programs, including the cost of the state or local participation. This information shall be available to all state agencies and units of local government;
   5. Carry out all duties which the governor assigns, pertaining to federal funds.
3. All state departments, boards and commissions shall provide to the coordinator information and data requested by the coordinator, including cost of programs, of all federal aid or private endowment programs in which they participate. This information and data shall be supplied the coordinator within forty-five (45) days from the date of request unless more time is granted by the coordinator.

History. Laws 1969, ch. 113, §§ 1 to 3; W.S. 1957, §§ 9-144.5 to 9-144.7; W.S. 1977, §§ 9-2-801 to 9-2-803 ; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1.

§ 9-1-210. State authorized to accept gifts.

The state, through the governor may accept gifts, grants, funds or assistance from any federal, state or local governmental agencies or from any private source.

History. Laws 1967, ch. 188, § 6; W.S. 1957, §§ 9-144.8, 9-276.18:9; Laws 1969, ch. 113, § 4; W.S. 1977, §§ 9-2-804 , 9-3-1806; Laws 1982, ch. 62, § 3.

§ 9-1-211. Vacancy in office of governor; successor designated; order of succession; proclamation on succession.

1. If the governor is removed, dies, resigns or is unable to act, the state officer appearing highest on the following list who satisfies all constitutional qualifications for governor and is not under impeachment by the house of representatives shall act as governor until the disability of the governor is removed or a new governor is elected and qualified:
   1. Secretary of state;
   2. President of the senate;
   3. Speaker of the house of representatives;
   4. State auditor;
   5. State treasurer;
   6. State superintendent of public instruction;
   7. Vice-president of the senate;
   8. Speaker pro tem of the house of representatives.
2. If the powers and duties of the office of governor devolve upon any person named in subsection (a) of this section, that person shall issue a proclamation that the incumbent governor has ceased to act as governor, giving the reason, and stating that the person issuing the proclamation has assumed the duties and powers of the governor.

History. Laws 1890-91, ch. 14, §§ 1, 2, 4; R.S. 1899, §§ 50, 51, 53; C.S. 1910, §§ 85, 86, 88; C.S. 1920, §§ 95, 96, 98; R.S. 1931, §§ 109-106, 109-107, 109-109; Laws 1933, ch. 25, § 1; C.S. 1945, §§ 18-110, 18-111, 18-113; W.S. 1957, §§ 9-26, 9-27, 9-29; Laws 1961, ch. 199, § 1; W.S. 1977, §§ 9-2-109 , 9-2-110 , 9-2-112 ; Laws 1982, ch. 62, § 3.

Cross references. —

As to secretary of state acting as governor upon death, resignation, removal or incompetency of governor, see art. 4, § 6, Wyo. Const.

§ 9-1-212. Vacancy in office of governor; term of successor; when election held to fill unexpired term; requirements of elections; term of person elected.

Whenever the powers and duties of the office of the governor of the state of Wyoming devolve upon any other person as provided in W.S. 9-1-211(a), the person acting as governor shall continue to act as governor until the end of the term of the governor if the office is assumed less than sixty (60) days before the next general election. If the office is assumed more than sixty (60) days before a general election the person acting as governor shall issue an additional proclamation calling for the election of a governor to fill the unexpired term, which election shall take place at the same time as the general election, and the election, together with the returns and canvass thereof, shall be conducted in all respects as though it was an original election for governor. When the state canvassing board canvasses the vote of the election and declares a person at the election to be elected as governor, the person shall, within thirty (30) days after the canvass, or as soon thereafter as possible, qualify and assume the duties and powers of governor, and shall be the governor of the state of Wyoming for the remainder of the unexpired term of the governor.

History. Laws 1890-91, ch. 14, § 3; R.S. 1899, § 52; C.S. 1910, § 87; C.S. 1920, § 97; R.S. 1931, § 109-108; C.S. 1945, § 18-112; W.S. 1957, § 9-28; W.S. 1977, § 9-2-111 ; Laws 1982, ch. 62, § 3.

Cited in

In re Moore, 4 Wyo. 98, 31 P. 980, 1893 Wyo. LEXIS 3 (1893); State ex rel. Chatterton v. Grant, 12 Wyo. 1, 73 P. 470, 1903 Wyo. LEXIS 23 (1903).

§ 9-1-213. Governor's residence.

The state shall furnish a site and buildings which shall be used exclusively for the residence of the governor of the state during his incumbency in office.

History. Laws 1901, ch. 64, § 6; C.S. 1910, § 90; C.S. 1920, § 100; R.S. 1931, § 109-111; C.S. 1945, § 18-116; W.S. 1957, § 9-31; W.S. 1977, § 9-2-114 ; Laws 1982, ch. 62, § 3.

Cross references. —

For supervision and control of governor's residence, see § 9-5-103 .

§ 9-1-214. Impeachment of governor; suspension from office; performance of duties.

When the house of representatives impeaches the governor, he is automatically suspended from performing the function of his office pending the trial and other proceedings in the impeachment. During the suspension the duties of the governor shall be performed as provided in W.S. 9-1-212 .

History. Laws 1897, ch. 32, § 2; R.S. 1899, § 46; C.S. 1910, § 81; C.S. 1920, § 91; R.S. 1931, § 109-102; C.S. 1945, § 18-102; W.S. 1957, § 9-32; W.S. 1977, § 9-2-118 ; Laws 1982, ch. 62, § 3.

Cross references. —

For constitutional provisions as to impeachment, see art. 3, §§ 17 to 19, Wyo. Const.

As to acting governor in case of impeachment, see art. 4, § 6, Wyo. Const.

§ 9-1-215. Right of governor to attend meetings; effect on quorum; designation of special meetings.

The governor may attend, participate in and vote at all meetings, both general and special, of all nonconstitutionally created boards and commissions of the state of Wyoming which are not exclusively licensing in nature. The governor’s presence or absence shall not affect the quorum. The governor may call and designate the time and place of special meetings.

History. Laws 1969, ch. 95, § 2; W.S. 1957, § 9-32.2; W.S. 1977, § 9-2-120 ; Laws 1982, ch. 62, § 3.

§ 9-1-216. Designation of agency or department to administer federally supported cooperative program.

The governor shall designate and authorize a state agency or department to administer any federally supported cooperative program in this state.

History. Laws 1969, ch. 95, § 3; W.S. 1957, § 9-32.3; W.S. 1977, § 9-2-121 ; Laws 1982, ch. 62, § 3.

§ 9-1-217. Appointments to federally-required committees; removal; functions, powers and duties of committees.

The governor may appoint electors of the state to any advisory, planning or action committee which is required by the state’s participation in federally supported programs. The functions, powers and duties of the committees shall not be inconsistent with the constitution or laws of this state. The governor may remove any appointee under this section as provided in W.S. 9-1-202 .

History. Laws 1969, ch. 95, § 4; W.S. 1957, § 9-32.4; W.S. 1977, § 9-2-122 ; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1.

§ 9-1-218. Appointment to boards, commissions, or other bodies; appointment districts; requirement; conditions for appointments based on political party affiliation.

1. When required by law, members of boards, commissions, councils and other governmental bodies shall be appointed from the appointment districts set out in subsection (b) of this section.
2. The appointment districts are as follows:
   1. Laramie, Goshen and Platte county comprise district 1;
   2. Albany, Carbon and Sweetwater counties comprise district 2;
   3. Lincoln, Sublette and Teton and Uinta counties comprise district 3;
   4. Campbell, Johnson and Sheridan counties comprise district 4;
   5. Big Horn, Hot Springs, Park and Washakie counties comprise district 5;
   6. Crook, Niobrara and Weston counties comprise district 6;
   7. Natrona, Fremont and Converse county comprise district 7.
3. Whenever a vacancy occurs, an appointment shall first be made from an appointment district which was not represented on the governmental body before the vacancy. If all districts were represented, the appointment shall be made so as to best equalize representation among the districts.
4. Unless otherwise provided by law, appointments shall rotate consecutively among all the counties of the appointment districts.
5. Any appointment made on or after July 1, 1996 by the governor to a state board, commission, council or committee created by law, for which senate confirmation is required by law or constitution and for which political party affiliation is specified by law, shall be conditioned upon membership in the same political party for not less than six (6) months prior to the date of appointment for temporary appointments made under W.S. 28-12-101(b) and not less than six (6) months prior to the date of nomination for appointment under W.S. 28-12-101(a). Prior to senate confirmation, the person appointed shall file in the office of the governor an affidavit acknowledged and sworn to under oath stating his party affiliation for the six (6) month period preceding the date of appointment. Filing a false statement may be cause for removal.

History. Laws 1977, ch. 21, § 1; W.S. 1957, § 9-863; W.S. 1977, § 9-20-101 ; Laws 1982, ch. 62, § 3; 1996, ch. 85, § 1.

§ 9-1-219. Bond limit allocation authority.

1. The governor shall establish rules and regulations to provide for the allocation of the private activity bond limit or the unified volume limitation, whichever is established by the United States Internal Revenue Code, among the governmental units in the state having authority to issue private activity bonds or nonessential governmental function bonds. The objective of the rules shall be to establish an accessible, equitable and efficient allocation process which advances the state and local benefits of tax-exempt financing. To the extent permitted by federal law, the rules may depart from federal allocation requirements, including requirements for housing bonds, redevelopment bonds and bonds issued by state and local bond issuing authorities.
2. Rulemaking under this section shall be subject to the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].
3. Repealed by Laws 1986, ch. 59, § 2.

History. Laws 1985, ch. 155, § 1; 1986, ch. 59, §§ 1, 2.

Internal Revenue Code. —

The federal Internal Revenue Code, referred to in this section, appears as 26 U.S.C.

§ 9-1-220. [Repealed.]

Repealed by Laws 1998, ch. 6, § 5.

Editor's notes. —

This section, which derived from Laws 1985, ch. 235, § 1, related to the coordinator of business permits.

§ 9-1-221. Tribal liaison program; qualifications of liaisons; removal; duties.

1. There is created a tribal liaison program. The purpose of the program shall be to encourage mutual respect, understanding and leadership between the state and the Northern Arapaho tribe and the Eastern Shoshone tribe.
2. The governor shall select and employ two (2) persons to serve as tribal liaisons and to administer the tribal liaison program as provided in this section. Before making a selection, the governor shall solicit a list of nominations from the Eastern Shoshone business council and the Northern Arapaho business council. The selection of the liaisons shall be with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103 . If the legislature has adjourned, the governor may make temporary selections in the manner provided for in W.S. 28-12-101 (b). Each liaison shall be a qualified elector of the state and may be removed by the governor as provided in W.S. 9-1-202 . The liaisons shall:
   1. Aid, assist and advise the governor on state-tribal relations including the coordination of programs and other activities between the state and tribal governments. The tribal liaisons may maintain offices within the state as directed by the governor;
   2. Facilitate communication between the tribes and the office of the governor, executive branch agencies, the select committee on tribal relations and the legislature;
   3. Stand for reappointment one (1) time every two (2) years unless sooner removed by the governor pursuant to W.S. 9-1-202 after consultation with the tribes.
3. The governor’s office, in conjunction with the tribal liaisons, shall report to the select committee on tribal relations on the successes, opportunities and future issues of the tribal liaison program on or before December 1 of each year.

History. Laws 2003, ch. 70, § 1; 2015 ch. 172, § 1, effective March 9, 2015.

The 2015 amendment, added (a) and (c); and rewrote (b).

Laws 2015, ch. 172, § 1, makes the act 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. Approved March 9, 2015.

Editor's notes. —

Laws 2005, ch. 144, § 1, provides that, in addition to the duties described in § 9-1-221 , the tribal liaison is to consult with the governor and the select committee on tribal relations in developing an immediate action plan and a long-term state-tribal policy. For the purpose of implementing this provision and the provisions of § 9-2-221, the governor is authorized two full-time positions for the state-tribal liaison and staff. The act appropriates from the general fund to the office of the governor, not to exceed $120,000, for the purpose of funding the salary and administrative expenses for the state-tribal liaison program for the period beginning with the effective date of the act and ending June 30, 2006. A request to continue funding these two tribal liaison positions will be included in the governor's 2007-2008 biennium standard budget request.

Laws 2005, ch. 144, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2005.

§ 9-1-222. [Repealed.]

Repealed by Laws 2012, ch. 30, § 4.

Editor's notes. —

This section which derived from Laws 2005, ch. 174, § 1, 2006, ch. 102, § 1, related to state chief information officer and duties.

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

§ 9-1-223. Serve Wyoming; composition; powers and duties; definitions.

1. Serve Wyoming is transferred from the office of the governor to the department of workforce services and shall operate as a private not-for-profit corporation, as specified in this section.
2. The membership of Serve Wyoming shall be as provided in 42 U.S.C. 12638.
3. In addition to voting members appointed under subsection (b) of this section, there shall be at least one (1) ex officio nonvoting member of the corporation serving on Serve Wyoming. Other nonvoting members may be appointed as provided in 42 U.S.C. 12638.
4. Appointed members of Serve Wyoming shall serve terms of three (3) years and may be reappointed to serve additional terms. Voting members of Serve Wyoming shall elect a chairman and a vice chairman from among the voting members.
5. The purpose of Serve Wyoming shall be to:
   1. Receive federal, state and private funds or donations;
   2. Administer funds received under this subsection to foster community services, volunteerism, mentoring and literacy;
   3. Develop and implement a comprehensive, statewide plan for promoting volunteer involvement and citizen participation in Wyoming;
   4. Communicate and cooperate with national and state organizations that support the mission of Serve Wyoming;
   5. Fulfill federal program administration requirements, including working with the corporation on national and community service to assist in the provision of health care and childcare for service program participants;
   6. Submit annual state applications for federal funding for selected Americorps programs;
   7. Monitor the performance and progress of programs receiving funds from Serve Wyoming;
   8. Provide technical assistance to local not-for-profit organizations and other entities in planning programs, applying for funds and in implementing and operating high quality programs;
   9. Develop mechanisms for recruitment and placement of people interested in participating in service programs;
   10. Delegate nonpolicy making duties to a public or private not-for-profit organization, subject to requirements that the corporation on national and community service may prescribe.
6. As used in this section:
   1. “Corporation” means the corporation on national and community service created by the National and Community Service Act of 1990;
   2. “Serve Wyoming” means the not-for-profit corporation within the department of workforce services to implement the purposes of the National and Community Service Act of 1990.

History. Laws 2009, ch. 197, § 1; 2010, ch. 65, § 1.

The 2010 amendment, effective July 1, 2010, in (a), substituted “office of the governor to the department of workforce services” for “department of workforce services to the office of the governor”; and in (f)(ii), substituted “department of workforce services” for “governor's office.”

Editor's notes. —

Laws 2009, ch. 197, § 4, provides: “Any appointment to Serve Wyoming made prior to July 1, 2009 shall continue for the period of the appointment and may be renewed as provided by W.S. 9-1-223(d), created by section 1 of this act.”

Appropriations. —

Laws 2009, ch. 197, § 3, provides: “There is appropriated seventy-five thousand dollars ($75,000.00) from the general fund to the governor's office. This appropriation shall be for the period beginning July 1, 2009 and ending June 30, 2010. This appropriation shall only be expended for the purpose of funding the administrative costs incurred by Serve Wyoming. Notwithstanding any other provision of law, 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, 2010.”

Effective dates. —

Laws 2009, ch. 197, § 5, makes the act effective July 1, 2009.

§ 9-1-224. Collection of data; creation of a repository; dissemination of data.

1. The governor’s office may supervise the collection of baseline scientific assessment data on public lands which may impact agricultural, mineral, geological, historical or environmental resources. The data collected shall be of sufficient quality and quantity to provide a scientifically defensible record of the ambient environment in a defined geographic area. The governor’s office may supervise collection of all data on public lands which may impact agricultural, mineral, geological, historical or environmental resources, including, but not limited to, the following:
   1. Air quality, including ozone and haze levels;
   2. Surface water and groundwater quality and quantity;
   3. Economic development infrastructure, roads, reservoirs, corrals, fences, pipelines, transmission lines and all other man-made structures on public land;
   4. Historic trails, stock driveways, historic sites or archeological sites;
   5. Livestock grazing;
   6. Geological analysis;
   7. Populations of species listed as threatened or endangered under the Endangered Species Act and all state and federal agency species lists including, but not limited to, management indicator species, sensitive species, native species status and the Wyoming natural diversity database;
   8. Rights-of-way corridors for electric transmission, fiber optics and pipelines;
   9. Enhanced oil recovery.
2. The governor shall assign the collection of data under subsection (a) of this section to the appropriate state agency or political entity of the state, including, but not limited to, the following:
   1. The department of environmental quality;
   2. The University of Wyoming;
   3. The oil and gas commission;
   4. The game and fish department;
   5. The department of agriculture;
   6. The office of state lands and investments;
   7. The department of state parks and cultural resources;
   8. The department of administration and information;
   9. The state archeologist;
   10. The state geologist;
   11. The Wyoming energy authority;
   12. Repealed by Laws 2019, ch. 34, §  4.
   13. Conservation districts;
   14. All other state agencies, boards, commissions and departments with knowledge and expertise on issues impacting lands in the state; and
   15. All interested local governments.
3. The governor’s office may collaborate with any entity not under the complete control of the state of Wyoming to accomplish the purposes of this section. Before collaborating with an entity not under the complete control of the state of Wyoming, the governor’s office and the other entity shall enter into a cost sharing agreement. The governor’s office may accept funding from an entity for data collection under this section. Any funding received shall be reported to the joint minerals, business and economic development interim committee in accordance with subsection (h) of this section.
4. The governor may direct state agencies and political entities to use all available technologies at their disposal to collect data under this section, including geographic information systems (GIS).
5. The governor’s office shall provide for a repository for all data collected under this section. The governor may designate data collected from private sources containing proprietary information or trade secrets as confidential and not subject to inspection as provided by W.S. 16-4-203(d)(v). All other data collected and not designated shall be available to the public.
6. State agencies and political entities of the state assigned with collecting data under subsection (b) of this section shall submit an estimate of the necessary costs of collecting their assigned data to the governor’s office. To the extent necessary, the governor shall use his authority under W.S. 9-2-1005(b)(i) to transfer sufficient funds to the assigned agency to pay the necessary costs of data collection.
7. The governor’s office shall promulgate rules and regulations necessary to implement this section, including establishing standards for data collection consistent with other standard peer reviewed scientific research.
8. The governor’s office shall report to the joint minerals, business and economic development interim committee by October 1, 2012 and by October 1 annually thereafter concerning the progress of data collection under this section.

History. Laws 2012, ch. 85, § 1; 2019 ch. 34, §§ 3, 4, effective July 1, 2020.

The 2019 amendments. — The first 2019 amendment, by ch. 34, § 3, effective July 1, 2020, in (b)(xi), substituted “Wyoming energy” for “pipeline.”

The second 2019 amendment, by ch. 34, § 4, effective July 1, 2020, repeals former (b)(xii) which reads: “(b) The governor shall assign the collection of data under subsection (a) of this section to the appropriate state agency or political entity of the state, including, but not limited to, the following: “(xii) The infrastructure authority.”

Appropriations. —

Laws 2012, ch. 85, § 2, provides:

“(a) There is appropriatedfive hundred thousand dollars ($500,000.00) from the general fundto the governor's office to develop and administer the program createdpursuant to this act. Notwithstanding any other provision of law,this appropriation shall not be transferred or expended for any otherpurpose and any unexpended, unobligated funds remaining from thisappropriation shall revert as provided by law on June 30, 2014.

“(b) The governor's officeshall include within the first report due to the joint minerals, businessand economic development interim committee on or before October 1,2012 a recommendation as to whether the governor's office requiresadditional employees to carry out the provisions of this act.

“(c) Funding for theprogram created by W.S. 9-1-224 shall be included in the standard budget request of thegovernor's office for the 2015-2016 fiscal biennium.”

Effective date. —

Laws 2012, ch. 85, § 3, makes the act effective July 1, 2012.

§ 9-1-301. Custodian of state seal.

The secretary of state is the custodian of the great seal of the state.

History. Laws 1890-91, ch. 95, § 2; R.S. 1899, § 55; C.S. 1910, § 92; C.S. 1920, § 102; R.S. 1931, § 109-202; C.S. 1945, § 18-202; W.S. 1957, § 9-34; W.S. 1977, § 9-2-201 ; Laws 1982, ch. 62, § 3.

Cross references. —

As to use of state seal, see § 9-1-303 .

For constitutional provisions as to great seal of the state, see art. 4, § 15, Wyo. Const.

As to design of state seal, see § 8-3-101 .

§ 9-1-302. Powers and duties; custodian of public records; preservation of proclamations of governor; removal of public documents prohibited; exceptions.

1. The secretary of state is the custodian of, and shall preserve:
   1. All the public records, documents, acts and resolutions of the legislatures of the territory and state of Wyoming;
   2. All proclamations of the governor proclaiming the effectiveness of constitutional amendments, corporate revocations and any other proclamation designated as a permanent record by the governor. The secretary of state shall preserve all other proclamations of the governor for one (1) year and then deliver them to the department of state parks and cultural resources for destruction or preservation as it deems desirable;
   3. Property of the state when no other provision is made by law;
   4. Copies of all clemency documents signed by the governor, including pardons, commutations of sentence, reprieves, remissions of fine or forfeiture, and restorations of civil rights.
2. Except as otherwise provided in this section, the secretary of state shall not permit any original paper or public document, filed in the office, to be taken out of it unless called for by a resolution of either house of the legislature or for the examination of the governor. The secretary of state may store any original paper or public document, filed in the office, in any other state building within the capital city if the storage will protect the papers or documents from destruction and unauthorized access to the same or greater extent than storage in the office of the secretary of state.

History. Laws 1890-91, ch. 95, §§ 2, 6, 7; R.S. 1899, §§ 55, 59, 60; C.S. 1910, §§ 92, 96, 97; C.S. 1920, §§ 102, 106, 107; R.S. 1931, §§ 109-202, 109-206, 109-207; C.S. 1945, §§ 18-202, 18-206, 18-207; W.S. 1957, §§ 9-34, 9-37.1, 9-38, 9-39; Laws 1969, ch. 5, § 1; W.S. 1977, §§ 9-2-201 , 9-2-205 to 9-2-207; Laws 1982, ch. 62, § 3; 1990, ch. 44, § 2; 1999, ch. 23, § 1; ch. 69, § 2; 2001, ch. 48, § 1.

Cross references. —

As to public records, see §§ 16-4-201 to 16-4-205 .

Law reviews. —

For article, “Stopping the Clock in the Wyoming Legislature,” see 10 Wyo. L.J. 203.

§ 9-1-303. Powers and duties; affixing seal to and countersigning commissions and documents; certified copies of acts; file of commissions and appointments; publication of documents.

1. The secretary of state shall affix the great seal of the state to, and countersign:
   1. Commissions;
   2. Official acts which the governor is required by law to perform except his approval or disapproval of legislative acts; and
   3. Other instruments when required or authorized by the governor.
2. The secretary of state shall deliver to every person upon request, copies of any act, resolution, order of the legislature, commission or other official act of the governor, roll, record, document, paper, bond or recognizance, deposited in the office by law, and certify the copies under his hand, and affix thereto the seal of the office upon tender of fees prescribed by law.
3. The secretary of state shall keep a file of all commissions issued and appointments made by the governor. The file shall specify:
   1. The name of the person;
   2. The office conferred or commission issued;
   3. The district or county for which the appointment is made; and
   4. The term of office.
4. The secretary of state shall make the following documents available to the public by publishing the documents on the secretary of state’s official website:
   1. The constitution of the state of Wyoming;
   2. A directory of state departments and selected employees.
5. The secretary of state may affix the great seal of the state to certificates or apostilles issued pursuant to W.S. 32-3-110 .
6. The secretary of state shall print and make available the constitution of the state of Wyoming upon payment of a fee established by rule and in an amount to recover the costs of printing the document.

History. Laws 1890-91, ch. 95, §§ 8 to 10; R.S. 1899, §§ 61 to 63; C.S. 1910, §§ 98 to 100; C.S. 1920, §§ 108 to 110; R.S. 1931, §§ 109-208 to 109-210; C.S. 1945, §§ 18-208 to 18-210; W.S. 1957, §§ 9-40 to 9-42; W.S. 1977, §§ 9-2-208 to 9-2-210; Laws 1982, ch. 62, § 3; 2013 ch. 85, § 1, effective July 1, 2013; 2017 ch. 40, § 2, effective February 17, 2017; 2017 ch. 86, § 1, effective July 1, 2017; 2021 ch. 27, § 2, effective July 1, 2021.

Cross references. —

For constitutional provisions as to great seal of the state, see art. 4, § 15, Wyo. Const.

The 2013 amendment, effective July 1, 2013, added (d).

The 2017 amendments. — The first 2017 amendment, by ch. 40, § 2, added (e).

Laws 2017, ch. 40, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

The second 2017 amendment, by ch. 86, § 1, effective July 1, 2017, in the introductory language of (d), substituted “make the following documents” for “print and make those documents” and added “by publishing the documents on the secretary of state's official website”; and added (e).

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

The 2021 amendment, effective July 1, 2021, substituted "32-3-110" for "32-1-114" in (e).

This section is mandatory and the secretary of state has no right to refuse to affix seal to and countersign a commission issued by the governor to a person appointed by him to an office, because, in his judgment, the governor had no authority to make such appointment. State ex rel. Miller v. Barber, 4 Wyo. 409, 34 P. 1028, 1893 Wyo. LEXIS 22 (Wyo. 1893).

§ 9-1-304. Removal from state or impeachment; acting secretary of state; appointment; duties.

In case of removal from the state, or impeachment of the secretary of state, the governor shall appoint an acting secretary of state, who shall take the oath herein prescribed and perform the duties of the office during absence occasioned by the removal or pendency of impeachment.

History. Laws 1890-91, ch. 95, § 11; R.S. 1899, § 64; C.S. 1910, § 101; C.S. 1920, § 111; R.S. 1931, § 109-211; C.S. 1945, § 18-211; W.S. 1957, § 9-43; W.S. 1977, § 9-2-211 ; Laws 1982, ch. 62, § 3.

Cross references. —

As to suspension of officer pending impeachment and as to filling vacancy, see § 9-1-203 .

As to compensation of persons appointed to fill vacancies generally, see § 9-3-101 .

For constitutional provisions relative to impeachment, see art. 3, §§ 17 and 18, Wyo. Const.

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

Editor's notes. —

The words “oath herein prescribed” refer to § 1, ch. 95, Laws 1890-91, which section was codified but repealed by § 17, ch. 27, Laws 1971. For present provisions as to oath of officers, see § 9-1-102 .

§ 9-1-305. Fees; amounts; collection; exceptions.

1. The secretary of state shall collect the following fees in advance for:
   1. Except as provided in W.S. 32-3-110(c), certificate and seal, ten dollars ($10.00);
   2. Filing any document, a minimum of three dollars ($3.00);
   3. Issuing a notary public commission, sixty dollars ($60.00);
   4. Recording each instrument of writing, three dollars ($3.00) for the first page;
   5. Each subsequent page, one dollar ($1.00);
   6. Copies of laws or documents recorded or filed in the office of the secretary of state, fifty cents ($.50) per page for the first ten (10) pages and fifteen cents ($.15) for each additional page. When the secretary of state furnishes a copy of any law already printed, he shall receive three dollars ($3.00) for each copy and three dollars ($3.00) for certifying and sealing the copies;
   7. Issuing any other paper not herein enumerated, three dollars ($3.00).
2. The secretary of state shall receive no fee for the following services:
   1. Issuing commissions to state, district and county officers;
   2. Filing pardons, requisitions and appointments of agents;
   3. Filing oaths of office.
3. When any document is delivered to the office of the secretary of state for filing, the secretary of state may refuse the document for filing if:
   1. The correct filing fee, any franchise tax, license fee, penalty or past due fees, taxes or penalties required to be paid have not been paid; and
   2. Provision for payment of those items set forth in paragraph (i) of this section has not been established in a manner approved by the secretary of state.

History. Laws 1890-91, ch. 95, §§ 13, 14; 1899, ch. 69, § 1; R.S. 1899, §§ 66, 67; C.S. 1910, §§ 103, 104; C.S. 1920, §§ 113, 114; Laws 1921, ch. 124, § 1; R.S. 1931, §§ 109-213, 109-214; C.S. 1945, §§ 18-213, 18-214; W.S. 1957, §§ 9-45, 9-46; Laws 1977, ch. 20, § 1; W.S. 1977, §§ 9-2-213, 9-2-214; Laws 1981, ch. 47, § 1; 1982, ch. 62, § 3; 2011, ch. 113, § 2; 2014 ch. 81, § 1, effective July 1, 2014; 2017 ch. 40, § 2, effective February 17, 2017; 2021 ch. 27, § 2, effective July 1, 2021; 2021 ch. 51, § 1, effective July 1, 2021.

The 2011 amendment, effective July 1, 2011, in (a)(iii), inserted “a notarial officer” and deleted “to notary public” preceding “thirty.”

The 2014 amendment, effective July 1, 2014, added (c).

The 2017 amendment , in (a)(i), inserted “Except as provided in W.S. 32-1-114(c).”

Laws 2017, ch. 40, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

The 2021 amendments. —

The first 2021 amendment, by ch. 27, § 2, effective July 1, 2021, substituted "32-3-110(c)" for "32-1-114(c)" in (a)(i); and in (a)(iii), substituted "notary public" for "notarial officer" and "sixty dollars ($60.00)" for "thirty dollars ($30.00)."

The second 2021 amendment, by ch. 51, § 1, effective July 1, 2021, substituted "ten dollars ($10.00)" for "three dollars ($3.00)" in (a)(i).

This section is set out as reconciled by the Wyoming legislative service office.

§ 9-1-306. [Repealed.]

Repealed by Laws 1999, ch. 49, § 3.

Cross references. —

For present provisions relating to governmental electronic transactions, see § 9-2-2501 .

Editor's notes. —

This section, which derived from Laws 1995, ch. 125, § 1, related to development and implementation of a statewide electronic filing system for records and documents required to be filed with the secretary of state.

§ 9-1-307. Secretary of state; employment of legal counsel.

The secretary of state may employ legal counsel to review contracts entered into by the secretary of state in his official capacity and to perform other duties assigned by the secretary of state. Nothing in this section prohibits the secretary of state from using the services of the attorney general’s office.

History. Laws 2004, ch. 132, § 1.

Effective dates. —

Laws 2004, ch. 132, § 3, makes the act effective July 1, 2004.

§ 9-1-308. Powers and duties; refusal to file documents; cease and desist orders.

1. The secretary of state may refuse to accept documents for filing pursuant to title 17 or title 34 of Wyoming statutes for up to five (5) years from any person or any entity if that person or entity:
   1. Has filed any document with the secretary of state pursuant to title 17 or title 34 of Wyoming statutes that contained any statement which was fraudulent with respect to any material fact;
   2. Makes or uses any false writing or document knowing it to contain any materially false, fictitious or fraudulent statement or entry; or
   3. Is the subject of, an agent of or acting on behalf of the subject of any order of the secretary of state or any similar order issued in another jurisdiction.
2. The secretary of state may issue a cease and desist order to any person or entity engaging in any practice described in paragraphs (a)(i) and (ii) of this section or any person or entity qualifying under paragraph (a)(iii) of this section.
3. Upon issuance of a cease and desist order under subsection (b) of this section, the secretary of state shall serve upon the person affected by the order, by registered or certified mail, return receipt requested, to the person’s last known address, an order specifically stating the acts complained of and requiring the person to immediately cease and desist from the act, methods or practices stated.
4. Any refusal to accept documents under subsection (a) of this section and any cease and desist order issued under subsection (b) of this section shall be in writing provided to the person affected by the refusal or order. The writing shall include a statement of the basis for the refusal or order and shall constitute a final order of the secretary of state.
5. Any refusal to accept documents under subsection (a) of this section and any order issued under subsection (b) of this section is subject to the notice and appeal provisions of W.S. 17-4-609.

History. Laws 2012, ch. 10, § 1; 2016 ch. 22, § 2, effective July 1, 2017.

The 2016 amendment , effective July 1, 2017, substituted “17-4-609” for “17-4-123” in (e).

Effective date. —

Laws 2012, ch. 10, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2012.

§ 9-1-401. Seals of office; access to records; power to administer oaths; accounting records.

1. The treasurer and auditor shall each:
   1. Keep a seal of office, which shall be used to authenticate all writings, papers and documents certified by either officer;
   2. Have free access to each other’s offices and to all other offices of the state to inspect books, accounts and papers pertaining to their duties;
   3. Have power to administer oaths and affirmations required by law in matters touching their duties;
   4. Balance their accounting records to verify that cash and investments, adjusted for outstanding warrants, reflect the amount due to each fund and account in the Wyoming uniform accounting system.

History. C.L. 1876, ch. 113, Part I, § 6; Part V, §§ 1, 17; R.S. 1887, §§ 1691, 1714, 1729; R.S. 1899, §§ 2, 174, 176; C.S. 1910, §§ 255, 256, 258; C.S. 1920, §§ 295, 296, 298; R.S. 1931, §§ 109-1405, 109-1406, 109-1408; C.S. 1945, §§ 18-504, 18-514, 18-526; W.S. 1957, §§ 9-52, 9-54, 9-56; W.S. 1977, §§ 9-2-302, 9-2-303 , 9-2-305; Laws 1982, ch. 62, § 3.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-1-402. State auditor; duties generally.

1. The state auditor is the comptroller, chief accountant and the official custodian of the state’s accounting records, accounts, vouchers, documents and all papers relating to the accounts and contracts of the state and its revenue, debt and fiscal affairs not required by law to be kept by another office. State agencies or officers certifying payments may retain the documents required under this section, subject to any rules and regulations promulgated by the state auditor with respect to acceptable documentation, certification and retention.
2. The state auditor shall serve as the chief fiscal control officer of the state of Wyoming, shall maintain the state’s central fiscal accounts, and shall order all payments into and out of the funds held by the state treasurer.
3. The state auditor shall be the state payroll officer, shall maintain the official payroll for all state agencies, excluding the University of Wyoming, and shall supervise the issuance of all payroll warrants. The state auditor may enter into agreement with any state agency to maintain the official payroll and supervise issuance of all payroll warrants for the state agency.
4. The state auditor may approve an alternative to the use of warrants drawn by the state auditor for the disbursement of retirement system benefits, provided that the attorney general reviews the legality of the alternative.

History. C.L. 1876, ch. 113, Part II, § 1; R.S. 1887, § 1693; Laws 1888, ch. 64, § 2; R.S. 1899, § 72; C.S. 1910, § 109; C.S. 1920, § 119; R.S. 1931, § 109-303; C.S. 1945, § 18-301; W.S. 1957, § 9-68; W.S. 1977, § 9-2-330; Laws 1982, ch. 62, § 3; 1992, ch. 41, § 1; 1999, ch. 189, § 1; 2021 ch. 72, § 1, effective July 1, 2021.

The 2021 amendment, effective July 1, 2021, added (d).

§ 9-1-403. State auditor; duties; prohibited acts; powers; investigative subpoenas.

1. The state auditor shall:
   1. Audit and settle all claims against the state payable out of the treasury excluding claims required by law to be audited and settled by other officers and persons. Before settling claims under this paragraph, the state auditor shall:
      1. Require state agencies to have procedures in place to ensure that:
         1. The claims have been properly approved by a competent authority; and
         2. The state agency has charged the claim to the appropriate state account.
      2. Verify that the state agency responsible for the claim has received the funding necessary from the legislature.
   2. Draw all warrants upon the treasurer for money unless otherwise provided by law;
   3. Except as provided by law, cause prosecution of persons failing to remit public money or property to the state and debtors of the state;
   4. Be authorized to cooperate with the federal government, other states and interested persons regarding federal royalty management, including site inspection and audit activities, to ensure the state is receiving the proper amount of federal and state mineral royalty entitlements, except that commencing July 1, 1989, the department of audit shall exercise this authority;
   5. Provide an annual financial report of the fiscal affairs of the state to the governor, president of the senate, speaker of the house and cochairmen of the joint appropriations committee, on or before December 31 of each year. The report shall include financial statements which shall be prepared, insofar as practical, in conformance with generally accepted accounting principles;
   6. When any person is entitled to a warrant or other payment from the treasury, against whom there is a due and payable account or claim in favor of the state, upon notification thereof, ascertain the amount due and payable to the state, and draw a warrant on the balance. The state auditor may deduct the entire amount due and payable to the state or may deduct a portion of the amount due and payable to the state;
   7. Whenever he refuses to draw a warrant pursuant to any voucher, return the voucher together with a written statement of the reasons for his disapproval to the agency which transmitted the voucher, and retain a record of the disapproved voucher;
   8. 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 department.
2. The state auditor shall not draw warrants:
   1. In excess of amounts appropriated except as otherwise provided by law;
   2. For the keeping or transporting of prisoners except on accounts certified under oath naming the prisoners, stating the time each prisoner has been kept, stating the distance the prisoner was transported;
   3. For items furnished or services rendered except on itemized accounts or vouchers certified under penalty of perjury by the vendor or by an authorized person employed by the agency receiving the items or for whom the services were rendered showing the date each item was furnished or service rendered by the vendor. The certification and documentation required under this paragraph may be provided to the state auditor by the state official employed by the agency receiving the items or services by electronic or other acceptable media in accordance with rules and regulations promulgated by the state auditor;
   4. Unless the individual state agency provides documentation and certification that the bill, invoice, account, payroll or other evidence of the claim, demand or charge is satisfactory to the state auditor with respect to the regularity, legality and correctness of the expenditure or disbursement, and that the claim, demand or charge has not been previously paid. If he is satisfied, he shall approve the claim, demand or charge, subject to audit at the discretion of the state auditor after processing the warrant using acceptable auditing techniques. The state auditor may, by general rule or special order, require certification or evidence as the circumstances may demand;
   5. For payment on a contract for professional consultant or other services unless the agency has certified that the contract for the services has been reduced to writing before the services are performed, and that the contract is in compliance with procedures of the attorney general, is approved by the attorney general, and, except for contracts for capital construction projects entered into by an agency under W.S. 9-2-3006 and contracts of twenty-five thousand dollars ($25,000.00) or less which are entered into by the office of an elected state official, is filed with and approved by the department of administration and information. For payment on a contract for professional or other services entered into by the department of transportation, filing of the contract with and approval by the department of administration and information and approval by the attorney general is not required, however the attorney general shall first review the contract if the contract is over twenty thousand dollars ($20,000.00);
   6. For payment of salaries or wages for state officials or employees before the completion of the period for which the compensation is being paid. Effective July 1, 2013, all salary and wage payments to persons employed by the state of Wyoming, other than the University of Wyoming, shall be made by:
      1. Direct deposit;
      2. Warrant;
      3. Debit card or other type of pay card; or
      4. Any combination of the methods identified in this paragraph.
   7. If the auditor elects to make payment to state employees using a debit card or other type of pay card authorized under paragraph (vi) of this subsection, any contract the auditor enters into with a card issuer shall require the issuer to provide the benefits of deposit insurance offered by the Federal Deposit Insurance Corporation. The auditor’s contract with the card issuer also shall provide each employee using a debit or other pay card one (1) or more free withdrawals per pay period at a banking institution or in-network automatic teller machine and shall prohibit the extension of credit and the use of overdrafts;
   8. For payment on a contract for capital construction projects entered into by an agency under W.S. 9-2-3006 unless the agency has certified that the contract for the project has been reduced to writing before the contract is performed, that the contract is in compliance with procedures of the attorney general, is approved by the attorney general and is filed with and approved by the state construction department.
3. The state auditor may:
   1. Audit, settle and adjust the accounts of state officers and employees who are required by law to collect state revenue and pay it into the treasury;
   2. Keep an account of any separate fund in the state authorized by law and of all debts and credits between the state and the United States, other states or persons;
   3. Delegate to individual state agencies the responsibility for preauditing vouchers. The state agencies to which the responsibility is delegated shall perform the preaudit function. The state auditor may specify reasonable conditions and limitations upon any delegation under this subsection and may rescind a delegation at any time upon reasonable notice in writing to the agency;
   4. Prescribe and require the use by state agencies, of forms for all documents required by law in the performance of his duties or which he may reasonably require therefor. The state auditor may, when he deems it advisable for the promotion of efficiency in state government, accept vouchers, invoices, document images or signatures on electronic or other appropriate media, as prescribed by rules and regulations of the state auditor;
   5. Issue wire transfers, electronic transfer of funds or other acceptable payment methods, in lieu of warrants, for the payment of goods or services, provided requests for the wire transfers are itemized accounts or vouchers certified under penalty of perjury by the vendor and approved in the same manner and procedure as followed in the preparation of warrant requests as set forth in paragraph (b)(iii) of this section;
   6. Repealed by Laws 1999, ch. 189, § 2.
   7. Notwithstanding paragraph (b)(iii) of this section, the state auditor may draw a warrant for prepayment for goods or services when it is beneficial for the state to pay in advance of receipt of the goods or services;
   8. Employ legal counsel to review contracts entered into by the state auditor in his official capacity and perform other duties as assigned by the state auditor. Nothing in this paragraph prohibits the state auditor from using the services of the attorney general’s office;
   9. Notwithstanding W.S. 27-4-101(b), provide to state employees who are paid through the uniform accounting and payroll system the information required by W.S. 27-4-101(b):
      1. In writing;
      2. By electronic means; or
      3. By any other means which supplies the required information in a form that the employee can retain in written form.
4. For purposes of any financial investigation or review of any agency program or activity funded in whole or in part with state funds, the attorney general, at the request of the state auditor, may:
   1. Subpoena witnesses to appear before the state auditor for oral examination;
   2. Require the production or disclosure of any matter relevant to the investigation or review including:
      1. The existence, description, nature, custody, condition and location of any books, documents, records or other tangible material; and
      2. The identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of evidence necessary or related to the financial investigation or review.
5. If any tangible materials subpoenaed under subsection (d) of this section are located outside of this state, the person to whom the subpoena is issued shall make the materials available to the state auditor at a convenient location. If any party fails or refuses to obey a subpoena or to provide testimony as required under subsection (d) of this section, the attorney general may, upon reasonable notice to all affected persons, apply to the district court for an order compelling compliance.
6. Within one hundred eighty (180) days of the issuance of subpoena pursuant to subsection (d) of this section, the attorney general shall disclose to the party or parties investigated that the investigation took place and the reasons for it.
7. The state auditor shall:
   1. Make a full report of any investigation conducted under subsections (d) and (e) of this section;
   2. Maintain the report made under paragraph (g)(i) of this section in his files;
   3. Annually report to the legislature on the number, location by county and general extent of the investigations.
8. The state auditor shall have the authority to obtain the financial and criminal background of an employee or employment applicant of the state auditor in accordance with W.S. 7-19-106 and 7-19-201 .

History. C.L. 1876, ch. 113, Part II, § 3; Laws 1882, ch. 3, § 27; R.S. 1887, §§ 1695, 1733; R.S. 1899, §§ 71, 79; C.S. 1910, §§ 108, 116; C.S. 1920, §§ 118, 126; R.S. 1931, §§ 109-302, 109-310; C.S. 1945, §§ 18-303, 18-527; W.S. 1957, §§ 9-59, 9-69; Laws 1971, ch. 15, § 1; 1975, ch. 7, § 1; ch. 130, § 1; W.S. 1977, §§ 9-2-307, 9-2-331; Laws 1982, ch. 62, § 3; 1983, ch. 6, § 1; 1985, ch. 137, § 1; 1989, ch. 210, § 2; 1991, ch. 123, § 1; 1992, ch. 41, § 1; 1994, ch. 70, § 1; 1997, ch. 178, § 1; 1999, ch. 189, §§ 1, 2; 2004, ch. 132, § 2; 2005, ch. 181, § 1; 2008, ch. 7, § 1; 2013 ch. 139, § 1, effective July 1, 2013; 2020 ch. 29, § 2, effective October 1, 2020; 2021 ch. 56, § 3, effective April 1, 2021; 2021 ch. 59, § 1, effective July 1, 2021.

Cross references. —

As to distribution and use of government royalty revenue, see § 9-4-601 et seq.

For constitutional provision as to prohibited appropriation, see art. 3, § 36, Wyo. Const.

The 2004 amendment, effective July 1, 2004, added (c)(viii).

The 2005 amendment, in (b)(v), inserted “except for contracts of twenty thousand dollars ($20,000.00) or less which are entered into by the office of an elected state official.”

Laws 2005, ch. 181, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2008 amendment, effective July 1, 2008, added (h).

The 2013 amendment, effective July 1, 2013, rewrote (b)(vi), (b)(vii) and (c)(ix).

The 2020 amendment, effective October 1, 2020, in (b)(v), substituted “contracts for capital construction projects entered into by an agency under W.S. 9-2-3006 and contracts of twenty-five thousand dollars ($25,000.00) or less” for “contracts of twenty thousand dollars ($20,000.00) or less”; and added (b)(viii).

The 2021 amendments. —

The first 2021 amendment, by ch. 56, § 3, in the second sentence of (a)(viii), added "state" and substituted "department" for "division."

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 59, § 1, effective July 1, 2021, rewrote (a)(v), which read, "Make a preliminary annual financial report of the fiscal affairs of the state to the governor, president of the senate, speaker of the house, and cochairmen of the joint appropriations committee, on or before September 30 of each year. The state auditor shall provide a final annual report on or before December 15. The report shall include financial statements which shall be prepared, insofar as practical, in conformance with generally accepted accounting principles."

To “audit and settle” vouchers, the auditor must determine that they have been properly approved by competent authority, that the legislature has duly appropriated funds for the purpose for which the vouchers are drawn, and that the claim is a proper charge against the appropriate state fund. State ex rel. R. R. Crow & Co. v. Copenhaver, 64 Wyo. 1, 184 P.2d 594, 1947 Wyo. LEXIS 24 (Wyo. 1947).

Presentation of claim as condition precedent. —

The presentation of a claim to the proper auditing officer is a condition precedent to the right to sue. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Review of disallowance of claim. —

The state auditor's disallowance of a claim is reviewable by the supreme court. State ex rel. Jeffrey v. Burdick, 3 Wyo. 588, 28 P. 146, 1891 Wyo. LEXIS 16 (Wyo. 1891).

Quoted in

Rissler & McMurry Co. v. Wyoming Hwy. Dep't, 582 P.2d 583, 1978 Wyo. LEXIS 214 (Wyo. 1978).

§ 9-1-404. Specified claims against state to be presented within one year.

Except as provided by W.S. 1-39-101 through 1-39-120 , persons having claims against the state shall document the claim and submit it to the state auditor within one (1) year after the claim accrues, to be audited, settled and acted upon.

History. C.L. 1876, ch. 113, Part IV, § 7; R.S. 1887, § 1704; R.S. 1899, § 74; C.S. 1910, § 111; C.S. 1920, § 121; R.S. 1931, § 109-305; C.S. 1945, § 18-506; W.S. 1957, § 9-71; W.S. 1977, § 9-2-332; Laws 1979, ch. 157, § 2; 1982, ch. 62, § 3.

Purpose of section. —

The principal purpose of statues such as this section is to give a public entity timely notice of the nature of claims against it so that it may investigate and settle those of merit without litigation. Rissler & McMurry Co. v. Wyoming Highway Dep't, 582 P.2d 583, 1978 Wyo. LEXIS 214 (Wyo. 1978).

This section is not a statute of limitation in the same sense as those enumerated in §§ 1-3-105 to 1-3-114 . This section is a limitation on filing a claim, not a limitation on filing an action. Awe v. University of Wyoming, 534 P.2d 97, 1975 Wyo. LEXIS 139 (Wyo. 1975).

Presentation of claim is condition precedent. —

Presentation of claim to the proper auditing officer is a condition precedent to the right to sue thereon. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933); Price v. State Highway Comm'n, 62 Wyo. 385, 167 P.2d 309, 1946 Wyo. LEXIS 9 (Wyo. 1946).

A formal claim, in proper form, exhibited to the state auditor, is a condition precedent to the filing of an action against the state of Awe v. University of Wyoming, 534 P.2d 97, 1975 Wyo. LEXIS 139 (Wyo. 1975).

Failure to show claim is fatal defect. —

In an action against state highway department on a construction contract, the petition is fatally defective where it does not show that claim was filed in time with proper auditing officer. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Notice of claim in intergovernmental relationships. —

If it were to be determined that a notice of claim is required in intergovernmental relationships, which decision is not presently made, the time commences when the authorizing agency computes and advises whatever sum will be paid or withheld and why. Simons v. Laramie County Sch. Dist., 741 P.2d 1116, 1987 Wyo. LEXIS 496 (Wyo. 1987).

A notice of claim was made in a timely manner and, therefore, the court again did not decide whether a notice of claim is required in intergovernmental suits that do not fall within the parameters of the Governmental Claims Act. Campbell County Sch. Dist. v. Catchpole, 6 P.3d 1275, 2000 Wyo. LEXIS 147 (Wyo. 2000).

Applied in

Board of Trustees v. Bell, 662 P.2d 410, 1983 Wyo. LEXIS 310 (Wyo. 1983).

Quoted in

Brasel & Sims Constr. Co. v. State Hwy. Comm'n, 655 P.2d 265, 1982 Wyo. LEXIS 418 (Wyo. 1982).

Cited in

Britton v. Halliburton Servs., 895 P.2d 45, 1995 Wyo. LEXIS 70 (Wyo. 1995).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

For case note, “Filing of Claims Against the State: Is ‘Almost’ Good Enough? Rissler & McMurry Co. v. Wyoming Hwy. Dep't, 582 P.2d 583, 1978 Wyo. LEXIS 214 (Wyo. 1978),” see XIV Land & Water L. Rev. 259 (1979).

For comment, “Wyoming's Governmental Claims Act: Sovereign Immunity with Exceptions — A Statutory Analysis,” see XV Land & Water L. Rev. 619 (1980).

Am. Jur. 2d, ALR and C.J.S. references. —

Attorney's mistake or neglect as excuse for failing to file timely notice of tort claim against state governmental unit, 55 ALR3d 930.

Persons or entities upon whom notice of injury or claim against state or state agencies may or must be served, 45 ALR5th 173.

§ 9-1-405. Setoffs in suits by state.

1. In all suits brought in behalf of the state no debt or claim shall be allowed against the state as a setoff unless:
   1. The debts or claims were exhibited to the auditor and by him allowed or disallowed; or
   2. It is proved to the court that the defendant at the time of trial possesses vouchers which he could not produce to the auditor or that he was prevented from exhibiting the claim to the auditor by absence from the state, sickness or accidents.

History. C.L. 1876, ch. 113, Part IV, § 8; R.S. 1887, § 1705; R.S. 1899, § 3549; C.S. 1910, § 4395; C.S. 1920, § 5665; R.S. 1931, § 89-1020; C.S. 1945, § 18-507; W.S. 1957, § 9-72; W.S. 1977, § 9-2-333; Laws 1982, ch. 62, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming,” see 7 Land & Water L. Rev. 229 (1972).

§ 9-1-406. Taking evidence concerning settlement of accounts.

Except as provided by W.S. 1-39-101 through 1-39-120 , the state auditor may examine the parties, witnesses or others, on oath or affirmation, relating to any matters material to the settlement of accounts, including information which is declared confidential by law, and for that purpose may issue subpoenas and compel witnesses to attend before him and give evidence in the same manner and by the same means allowed by law to courts of record. The state auditor shall take all reasonable measures necessary to protect the confidentiality of all confidential information obtained pursuant to this section.

History. C.L. 1876, ch. 113, Part IV, § 9; R.S. 1887, § 1706; R.S. 1899, § 75; C.S. 1910, § 112; C.S. 1920, § 122; R.S. 1931, § 109-306; C.S. 1945, § 18-508; W.S. 1957, § 9-73; W.S. 1977, § 9-2-334; Laws 1979, ch. 157, § 2; 1982, ch. 62, § 3; 1992, ch. 41, § 1.

Presentation of claim as condition precedent. —

The presentation of a claim to the proper auditing officer is a condition precedent to the right to sue thereon. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Quoted in

Rissler & McMurry Co. v. Wyoming Hwy. Dep't, 582 P.2d 583, 1978 Wyo. LEXIS 214 (Wyo. 1978).

Law reviews. —

For case note, “Filing of Claims Against the State: Is ‘Almost’ Good Enough? Rissler & McMurry Co. v. Wyoming Hwy. Dep't, 582 P.2d 583, 1978 Wyo. LEXIS 214 (Wyo. 1978),” see XIV Land & Water L. Rev. 259 (1979).

§ 9-1-407. Certificate of auditor's decision; claims against state in absence of appropriation or authorization.

1. At the request of a person who is dissatisfied with the decision of the auditor on any claim, account or credit except as provided by W.S. 1-39-101 through 1-39-120 , the auditor shall certify his findings and decision.
2. Except as provided by W.S. 1-39-101 through 1-39-120 , when the law recognizes a claim for money against this state and no appropriation or authorization is made by law to pay the claim, upon demand, the auditor shall audit and adjust the claim and give the claimant a certificate of the amount of the claim.
3. The auditor shall report claims under this section to the speaker of the house and the president of the senate. The auditor shall pay the claim if an appropriation is made for that purpose.

History. C.L. 1876, ch. 113, Part IV, §§ 13, 14; R.S. 1887, §§ 1710, 1711; R.S. 1899, §§ 80, 81; C.S. 1910, §§ 117, 118; C.S. 1920, §§ 127, 128; R.S. 1931, §§ 109-311, 109-312; C.S. 1945, §§ 18-512, 18-513; W.S. 1957, §§ 9-75, 9-76; Laws 1974, ch. 16, § 2; W.S. 1977, §§ 9-2-335, 9-2-336; Laws 1979, ch. 157, § 2; 1982, ch. 62, § 3.

Exhaustion of remedies. —

Nothing in subsection (a) requires a person who is dissatisfied with the decision of an auditor to request certification of findings and, therefore, there can be no failure to exhaust administrative remedies for failing to request findings. Campbell County Sch. Dist. v. Catchpole, 6 P.3d 1275, 2000 Wyo. LEXIS 147 (Wyo. 2000).

Cited in

State v. Board of Comm'rs, 4 Wyo. 313, 33 P. 992, 1893 Wyo. LEXIS 15 (1892); State ex rel. Henderson v. Burdick, 4 Wyo. 272, 33 P. 125, 1893 Wyo. LEXIS 11 , 24 L.R.A. 266 (1893).

§ 9-1-408. Payment by auditor's warrants.

1. When accounts are audited and allowed against the state, or grants, salaries, pay and expenses are allowed by law, the auditor shall draw a warrant on the treasurer for the amount due if money is legally available to pay the claim.
2. Upon satisfactory proof being presented to the state auditor that any warrant drawn on the state treasury has been lost or destroyed before having been paid, the state auditor shall issue a duplicate warrant therefor. The state auditor may require a bond to be executed, or security approved by him, payable to the state of Wyoming, in the penalty of the amount of the warrant and conditioned to save harmless the state from any loss occasioned by the issuing of the duplicate warrant.
3. Upon satisfactory proof being presented to the state auditor that any warrant drawn on the state treasury has been stolen, forged and then paid, the state auditor may issue a duplicate warrant to the payee, provided:
   1. The payee affirms in writing under oath that the endorsed signature on the paid warrant is not that of the payee, the payee did not aid or abet the individual who stole and endorsed the warrant, and the payee will assist the state and law enforcement officials in determining who stole and forged the paid warrant; and
   2. The payee, if entitled to any future payments from the state, agrees that future payments will be reduced by the amount of the forged warrant, should it be discovered that the payee provided false information pursuant to this subsection.

History. C.L. 1876, ch. 113, Part IV, § 11; R.S. 1887, § 1708; R.S. 1899, § 77; C.S. 1910, § 114; C.S. 1920, § 124; R.S. 1931, § 109-308; C.S. 1945, § 18-510; W.S. 1957, § 9-77; Laws 1974, ch. 16, § 2; W.S. 1977, § 9-2-337; Laws 1982, ch. 62, § 3; 1992, ch. 41, § 1.

Salary of state examiner. —

Where the salary of state examiner was fixed in the act creating the office, no special appropriation by the legislature of the amount of his salary was required. State ex rel. Henderson v. Burdick, 4 Wyo. 272, 33 P. 125, 1893 Wyo. LEXIS 11 (Wyo. 1893).

§ 9-1-409. State treasurer; duties generally; demand accounts; state revenues paid to treasurer.

1. The state treasurer shall:
   1. Receive and keep all monies of the state not required by law to be received and kept by another state official;
   2. Pay all warrants duly and legally issued by the auditor so long as there are in his hands funds sufficient to pay the warrants;
   3. Keep a just, true and comprehensive account of all money received and disbursed;
   4. Have general responsibility for the management of state cash resources, including developing information in conjunction with the state auditor, to forecast the cash needs of the state;
   5. Be responsible for the investment of state funds.
2. The state treasurer may use demand accounts to pay warrants or to pay for investments. A record of the use of demand accounts shall be created and maintained in the treasurer’s office.
3. Every state officer, employee, department or commission receiving revenue for or on behalf of the state from any source shall pay all revenue to the state treasurer as directed by him.
4. The state treasurer may employ legal counsel to review contracts entered into by the state treasurer in his official capacity and perform other duties as assigned by the state treasurer. Nothing in this subsection prohibits the state treasurer from using the services of the attorney general’s office.
5. The state treasurer may implement and administer a performance compensation plan in accordance with this subsection. The plan shall:
   1. Be limited to those at-will employees of the state treasurer’s office listed in paragraph (ii) of this subsection who are directly engaged in investing assets of the state;
   2. Be limited to the following participating employees:
      1. Chief investment officer;
      2. Senior investment officer;
      3. Investment officer;
      4. Senior analyst;
      5. Analyst.
   3. Seek to maximize total returns net of fees on investments authorized by law and in the best interest of the state;
   4. Be based solely on investment performance exceeding investment benchmarks as established by the investment funds committee created by W.S. 9-4-720 for each fund and asset class for an investment period. No performance compensation shall be paid under the plan unless the investment funds committee determines that the established benchmarks have been exceeded;
   5. Measure investment performance during an investment period based on the following:
      1. Fifty percent (50%) related to total fund performance. For purposes of this subsection, “total fund” means the total or overall investment portfolio of funds managed by the state treasurer’s office, excluding the following:
         1. Funds invested for a specific public purpose;
         2. Investments specifically directed by the state treasurer or state loan and investment board and not made at the recommendation of participating employees.
      2. Fifty percent (50%) related to the performance of the employee’s individual assigned asset classes.
   6. Provide that payments for investment performance for any one (1) investment period shall be as follows:
      1. For payments earned in fiscal year 2020 – the investment performance beginning July 1, 2019 and ending June 30, 2020;
      2. For payments earned in fiscal year 2021 – the arithmetic average of the investment performance beginning July 1, 2019 and ending June 30, 2020 and the investment performance beginning July 1, 2020 and ending June 30, 2021;
      3. For payments earned in fiscal year 2022 and each fiscal year thereafter – the arithmetic average of the annual investment performance beginning that fiscal year and the two (2) immediately preceding fiscal years.
   7. Be funded from investment returns, with each invested fund’s share calculated in proportion to the magnitude of aggregate investment earnings of each fund invested, including interest and dividends, which shall be continuously appropriated for payment of performance compensation as authorized by this subsection;
   8. Include a limit for total payments to all participating employees for performance compensation earned in any one (1) investment period in an amount not to exceed two percent (2%) of net investment returns above the established benchmark of the total fund for that investment period for payments pursuant to subparagraph (v)(A) of this subsection and two percent (2%) of net investment returns above the established benchmark of the employee’s individual assigned asset classes for that investment period for payments pursuant to subparagraph (v)(B) of this subsection;
   9. Include a limit for total payments to an individual employee for performance compensation earned in any one (1) investment period in an amount not to exceed the following:
      1. One hundred percent (100%) of a chief investment officer’s base salary;
      2. Seventy-five percent (75%) of a senior investment officer’s base salary;
      3. Fifty percent (50%) of an investment officer’s base salary;
      4. Twenty-five percent (25%) of a senior analyst’s or analyst’s base salary.
   10. Provide that performance compensation earned in any one (1) investment period will be paid over a three (3) year period as follows:
       1. Twenty-five percent (25%) during the fiscal year immediately following the fiscal year in which the performance compensation was earned;
       2. Twenty-five percent (25%) during the second fiscal year following the fiscal year in which the performance compensation was earned;
       3. Fifty percent (50%) during the third fiscal year following the fiscal year in which the performance compensation was earned.
   11. Provide that performance compensation shall be forfeited by an employee upon termination of employment subject to an anti-compete agreement for future employment related to asset management. This paragraph shall not apply to termination based on death, disability or retirement;
   12. Provide that performance compensation shall not be included as compensation for the purpose of computing retirement or pension benefits earned by the employee;
   13. Subject participating employees to the following terms and conditions related to leave time:
       1. Chief investment officers, senior investment officers and investment officers shall receive leave time in the same manner and amount as department directors under W.S. 9-2-1706(b);
       2. Senior analysts and analysts shall receive leave time in accordance with standards and rules established or promulgated in accordance with W.S. 9-2-3207(a).
   14. Provide that performance compensation shall only be based on performance criteria occurring on or after the execution of an employment contract in accordance with this subsection. No performance compensation shall be paid other than as provided in the employment contract;
   15. Be submitted to the joint appropriations committee and the select committee on capital financing and investments for comment, and approved by the human resources division, prior to implementation. The human resources division shall not disapprove a performance compensation plan which complies with the requirements of this subsection;
   16. Be submitted and administered by the state treasurer as a separately designated and appropriated budget unit.
6. The state treasurer shall report to the joint appropriations committee and the select committee on capital financing and investments by November 1 of each year on the plan authorized by subsection (e) of this section. The report shall include:
   1. Payments and methodology of calculating payments under the plan;
   2. A measurement quantifying the risk resulting from the variation between the prior year’s investment benchmarks and the prior year’s actual investments;
   3. An estimate of future payments under the plan and future expected investment benchmarks.
7. The state treasurer shall have the authority to obtain the financial and criminal background history of an employee, intern or applicant for employment of the state treasurer’s office.

History. C.L. 1876, ch. 113, Part III, § 1; Laws 1882, ch. 3, § 28; ch. 104, § 4; R.S. 1887, §§ 1696, 1734; R.S. 1899, §§ 86, 87; Laws 1907, ch. 30, § 1; C.S. 1910, §§ 123, 124, 2486; C.S. 1920, §§ 131, 132, 2949; R.S. 1931, §§ 92-101, 109-402, 109-403; C.S. 1945, §§ 18-401, 18-528, 20-1001; W.S. 1957, §§ 9-57, 9-79, 9-586; Laws 1974, ch. 16, § 2; 1975, ch. 7, § 1; ch. 8, § 1; W.S. 1977, §§ 9-2-306 , 9-2-350, 9-7-1101; Laws 1982, ch. 62, § 3; 1989, ch. 186, § 2; 2004, ch. 132, § 2; 2019 ch. 57, § 1, effective February 19, 2019; 2020 ch. 8, § 1, effective March 5, 2020; 2020 ch. 82, § 2, effective March 13, 2020; 2021 ch. 56, § 3, effective April 1, 2021.

Cross references. —

For provision that claim shall be paid by auditor's warrants, see § 9-1-408 .

As to penalty for refusing to pay lawful warrant, see § 9-1-412 .

For constitutional provision that money shall be expended only on appropriation, see art, 3, § 35, Wyo. Const.

As to prohibited appropriations, see art. 3, § 36, Wyo. Const.

The 2004 amendment, effective July 1, 2004, added (d).

The 2019 amendment added (e) and (f).

Laws 2019, ch. 57, § 4, makes the act effective immediately upon completion of all acts necessary to a bill to become law as provided by art. 4, § 8, Wyo. Const. Became law without signature February 19, 2019.

The 2020 amendments. — The first 2020 amendment, by ch. 8, § 1, added (g).

Laws 2020, ch. 8, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art 4, § 8 of the Wyo. Const. Approved March 5, 2020.

The second 2020 amendment, by ch. 82, § 2, added (a)(v).

Laws 2020, ch. 82, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2020.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2021 amendment substituted "9-2-3207(a)" for "9-2-1022(a)" in (e)(xiii)(B).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Applied in

State ex rel. Bd. of Comm'rs v. Snyder, 30 Wyo. 468, 222 P. 40, 1924 Wyo. LEXIS 73 (1924).

Cited in

State v. Gramm, 7 Wyo. 329, 52 P. 533, 1898 Wyo. LEXIS 8 , 40 L.R.A. 690 (1898); MacDougall v. Board of Land Comm'rs, 48 Wyo. 493, 49 P.2d 663, 1935 Wyo. LEXIS 47 (1935); State v. Holly Sugar Corp., 57 Wyo. 272, 116 P.2d 847, 1941 Wyo. LEXIS 31 (1941).

§ 9-1-410. Receipts for monies paid into treasury.

The treasurer shall issue receipts for all monies paid into the treasury. A copy of each receipt shall immediately be deposited by the treasurer with the auditor.

History. C.L. 1876, ch. 113, Part III, § 2; R.S. 1887, § 1697; Laws 1890-91, ch. 29, § 1; R.S. 1899, § 170; C.S. 1910, § 248; C.S. 1920, § 288; R.S. 1931, § 109-1401; C.S. 1945, § 18-402; W.S. 1957, § 9-80; Laws 1975, ch. 10, § 1; W.S. 1977, § 9-2-351; Laws 1982, ch. 62, § 3.

§ 9-1-411. [Repealed.]

Repealed by Laws 1997, ch. 195, § 2.

Editor's notes. —

This section, which derived from Laws 1967, ch. 93, §§ 1 through 3, related to the state investment advisory council.

§ 9-1-412. Offenses by auditor and treasurer; penalties.

1. If the state treasurer willfully refuses to pay any warrant lawfully drawn upon the treasury, the holder of the warrant may recover four (4) times the amount of the warrant in a civil action against the state treasurer and his sureties. Upon conviction, the treasurer is guilty of a misdemeanor.
2. If the state auditor knowingly issues any warrant upon the state treasury not authorized by law, he is guilty of a misdemeanor punishable by a fine of not more than four (4) times the amount of the warrant, imprisonment for not more than one (1) year, or both.
3. Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.
4. A person who violates W.S. 9-1-403(b) or W.S. 9-1-409(a) commits a felony punishable by a fine of not more than three thousand dollars ($3,000.00) and by imprisonment for not more than five (5) years.

History. C.L. 1876, ch. 113, Part V, §§ 3 to 5; Laws 1882, ch. 3, § 29; R.S. 1887, §§ 1716 to 1718, 1735; R.S. 1899, §§ 79, 87, 5101 to 5103; C.S. 1910, §§ 116, 124, 5952 to 5954; C.S. 1920, §§ 126, 132, 7241 to 7243; R.S. 1931, §§ 32-632 to 32-634, 109-310, 109-403; C.S. 1945, § 18-516 to 18-518, 18-529; W.S. 1957, §§ 9-66, 9-67, 9-78, 9-83; W.S. 1977, §§ 9-2-314, 9-2-315, 9-2-338, 9-2-352; Laws 1982, ch. 62, § 3; ch. 75, § 5; 1983, ch. 171, § 3.

Cross references. —

As to offenses by public officials, see § 6-5-101 et seq.

§ 9-1-413. Report of financial commitments.

At the request of the state treasurer all state agencies and departments making financial commitments payable from the state treasury shall report to the state treasurer on forms prescribed by him the commitments made and the approximate date payable.

History. Laws 1959, ch. 163, §§ 1, 2; W.S. 1957, §§ 9-17.1, 9-17.2; W.S. 1977, §§ 9-1-120, 9-1-121; Laws 1982, ch. 62, § 3.

§ 9-1-414. [Repealed.]

Repealed by Laws 1987, ch. 123, § 2.

Editor's notes. —

This section, which derived from Laws 1985, ch. 221, § 1, related to annual reports of debts due the state.

§ 9-1-415. Collection of debts due the state; discharge of uncollectible debts.

1. Except as provided in subsections (e) and (f) of this section, any office or agency of the state may use the services of a collection agency licensed in Wyoming to assist in the collection of debts due the state or any state office or agency. Any person owing a debt submitted to a collection agency under this section may be assessed a fee in an amount necessary to cover the cost of collection, not to exceed twenty percent (20%) of the debt owed. The collection agency shall collect the fee with the debt that is submitted for collection.
2. Any debt due and owing the state or any office or agency of the state, which is determined to be uncollectible, shall be certified to the state auditor by the chief administrative officer of the agency to which the debt is due. The certification shall include:
   1. The name and last known address of the debtor;
   2. The goods or services for which the debt was incurred;
   3. The amount of the debt and the date when the debt became due and payable;
   4. An explanation of what actions have been taken to collect the debt and why the debt has remained unpaid; and
   5. A declaration that the debt is uncollectible.
3. If the auditor agrees the debt is uncollectible, he shall direct that the debt be discharged and extinguished as an asset or account receivable of the state.
4. The facts and actions which are the basis for the decision that the debt is uncollectible shall be documented in writing and shall be maintained as required under W.S. 9-2-410 .
5. Before any billing for services, collections or use of the services of a collection agency, state institutions shall first make an administrative determination that all statutory requirements relative to patient billing have been followed in each case. In the case of those state institutions defined by W.S. 25-11-101(a)(vii), the decision of whether to contract with a collection agency shall be made by the department of health or the department of family services pursuant to W.S. 25-11-106 .
6. No patient billing from the state hospital shall be collectible unless:
   1. A legally responsible person has been advised in writing before the treatment or stay at the hospital, at the time of admission or a reasonable time thereafter, of:
      1. The obligation to pay;
      2. The schedule of actual costs for treatment established by the department of health pursuant to W.S. 25-11-102(a);
      3. The sliding scale used to determine established charges pursuant to W.S. 25-11-103 (a); and
      4. The right to appeal pursuant to W.S. 25-11-103 .
   2. The patient has been provided with a monthly billing statement; and
   3. The statutory requirements for the determination of patient billing have been followed.

History. Laws 1985, ch. 221, § 1; 1987, ch. 27, § 1; ch. 123, § 1; 1989, ch. 50, § 2; 1991, ch. 161, § 3; ch. 221, § 2; 2006, ch. 114, § 1; 2018 ch. 25, § 1, effective July 1, 2018.

The 2006 amendment made a stylistic change in (f)(i)D).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary to a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2018 amendment, effective July 1, 2018, in (a), added the second and third sentences.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 9-1-416. Local investment pool.

1. Upon request by any county, municipality, school district or any other local governmental entity, and as provided in W.S. 9-3-503(a), the state treasurer shall invest funds of one (1) or more of those entities on a pooled basis in the same manner as the state treasurer makes short term investments of state funds. The state treasurer shall adopt rules and regulations which:
   1. Provide for the transmittal of funds from the entities to the state treasurer for investment, the manner in which the funds may be withdrawn from the investment pool by entities, accounting and reporting procedures and any other provisions which will effectively carry out the purposes of this section; and
   2. Establish fees to be charged to local governmental entities which request investment assistance under this section. The fees collected shall not exceed the direct costs incurred by the state treasurer in providing the investment assistance. Fees collected under this paragraph shall be deposited into an account to be known as the investment assistance account.
2. Nothing in this section shall be construed to require the state of Wyoming to reimburse government entities for any losses that may occur on investments under this section.

History. Laws 1987, ch. 5, § 1; 1993, ch. 12, § 1; 1996, ch. 112, § 2; 1998, ch. 41, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the enterprise fund” in the last sentence in (a)(ii).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 9-1-417. Interfund loans; repayment; maximum amount; interest.

1. The state treasurer and the state auditor may utilize interfund loans from the legislative stabilization reserve account, or the general fund if insufficient funds exist in the legislative stabilization reserve account, to any other fund or account to meet obligations which come due prior to receipt of revenues. The interfund loans shall be repaid as soon as the anticipated revenue is received. The total amount of interfund loans under this subsection outstanding at one (1) time shall not exceed sixty million dollars ($60,000,000.00). These loans shall not be used to fund shortages caused by expenditures exceeding projected revenues but are to be used only to fund temporary shortages caused by meeting obligations which come due prior to receipt of revenues. The interest charged on each interfund loan under this subsection, other than to the general fund or budget reserve account, shall be the interest rate earned on pooled fund investments in the previous fiscal year.
2. To the extent the legislature provides for interfund loans or borrowing authority from one (1) agency, account or fund to another, the interfund loan or borrowing shall come out of the legislative stabilization reserve account to be credited to the borrowing agency, account or fund, except as authorized by W.S. 21-13-316 . The interest charged on each interfund loan or borrowing from the legislative stabilization reserve account shall be the interest rate earned on pooled fund investments for the fiscal year immediately preceding the effective date of the interfund loan.

History. Laws 1987, ch. 25,§ 1; W.S. 1977, § 9-1-416 ; Laws 2000, ch. 12, § 1; 2018 ch. 62, § 1, effective July 1, 2018; 2019 ch. 43, § 1, effective July 1, 2019.

The 2018 amendment, in (a), substituted “from the legislative stabilization reserve” for “from the general fund or the budget reserve,” inserted “or the general fund if insufficient funds exist in the legislative stabilization reserve account” following “reserve account” in the first sentence, and added the last sentence; and added (b).

The 2019 amendment, effective July 1, 2019, in (a) inserted "under this subsection" in two places; and in (b) substituted "as authorized by" for "for interfund loans made under" following "account or fund."

§ 9-1-418. Pooled fund investment loans; maximum amount; repayment; interest.

The state auditor is authorized to borrow from the legislative stabilization reserve account an amount not to exceed two hundred million dollars ($200,000,000.00) at any one (1) time to meet the obligations of the department of transportation which come due prior to the receipt of revenues. The amounts borrowed under this section shall be repaid as soon as the anticipated revenue is received. Interest on the unpaid balance shall be equal to the rate of return earned on pooled fund investments in the previous fiscal year. These loans shall not be used to fund shortages caused by expenditures exceeding projected revenues but are to be used only to fund temporary shortages caused by meeting obligations which come due prior to receipt of revenues.

History. 2017 ch. 13, § 1, § 1, effective July 1, 2018; 2018 ch. 62, § 1, effective July 1, 2018.

The 2018 amendment, effective July 1, 2018, substituted “borrow from the legislative stabilization reserve account an amount” for “borrow from pooled fund investments in the treasurer's office an amount” in the first sentence and deleted “the greater of two percent (2%) or” preceding “the rate of return earned” in the third sentence.

Effective dates. —

Laws 2017, ch. 13, § 2, makes the act effective July 1, 2018.

§§ 9-1-501 and 9-1-502. [Repealed.]

Repealed by Laws 1991, ch. 240, § 2.

Editor's notes. —

These sections, which derived from Laws 1925, ch. 155, §§ 1, 3, 4 and 26, related to the state examiner.

§ 9-1-503. [Repealed.]

Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.

Cross references. —

As to offenses by public officials, see § 6-5-101 et seq.

Editor's notes. —

This section, which derived from Laws 1925, ch. 155, § 27, related to prohibition against receiving extra compensation.

§ 9-1-504. Seal of office; adoption; effect of seal.

With the approval of the governor, the director of the state department of audit shall adopt a seal and shall file an impression of the seal with the secretary of state. Every certificate, assignment and conveyance executed by the director pursuant to law and sealed with the seal of his office shall be received as evidence and recorded in the proper recording offices in the same manner as a deed regularly acknowledged as required by law.

History. Laws 1925, ch. 155, § 10; R.S. 1931, § 109-510; C.S. 1945, § 18-810; W.S. 1957, § 9-93; W.S. 1977, § 9-2-406 ; Laws 1982, ch. 62, § 3; 1991, ch. 240, § 1.

§ 9-1-505. [Repealed.]

Repealed by Laws 1991, ch. 240, § 2.

Editor's notes. —

This section, which derived from Laws 1925, ch. 155, § 2, related to vacancies in the office of state examiner.

§ 9-1-506. Authority to issue subpoenas and administer oaths.

In the performance of his duties, the director of the state department of audit may issue subpoenas, administer oaths and enforce obedience of subpoenas and oaths in the same manner as courts of law in this state.

History. Laws 1925, ch. 155, § 9; R.S. 1931, § 109-509; C.S. 1945, § 18-809; W.S. 1957, § 9-97; W.S. 1977, § 9-2-409 ; Laws 1982, ch. 62, § 3; 1991, ch. 240, § 1.

Cross references. —

As to oaths generally, see §§ 1-2-101 to 1-2-103 .

§ 9-1-507. Examination of books of state institutions, agencies and certain districts and entities; independent audit authorized; guidelines. [Effective until July 1, 2022]

1. The director of the state department of audit shall:
   1. Supervise the books, financial accounts and financial records of all state agencies and institutions, counties, school districts and municipalities within the state;
   2. Repealed by Laws 1993, ch. 75, § 2.
   3. Require state institutions, state agencies, the entities described in W.S. 16-4-125(c) and incorporated cities and towns with a population of less than four thousand (4,000) inhabitants to file with the department such reports of the books and accounts of the institution, agency, district or entity as the director deems necessary. The director shall promulgate rules under which special districts described in W.S. 16-4-125(c) shall prepare and file an annual report of their books and records with the department of audit. These rules shall apply to special districts which are subject to administration by the courts as provided in subsection (e) of this section. These rules shall provide for different levels of oversight, at the expense of the district, depending upon the higher of the total revenues received or expenditures made by the district during the fiscal year under review subject to the following limitations:
      1. At least one million dollars ($1,000,000.00) — an audit by a certified public accountant shall be required;
      2. At least one hundred thousand dollars ($100,000.00) but less than one million dollars ($1,000,000.00) — requirements shall be greater than those in subparagraph (C) of this paragraph but less than those in subparagraph (A) of this paragraph. The rules shall provide for more stringent oversight requirements for districts with higher total revenues within this range than the requirements for districts with lower total revenues within this range;
      3. Less than one hundred thousand dollars ($100,000.00) but more than twenty-five thousand dollars ($25,000.00) — the only requirements shall be a proof of cash procedure conducted by an independent third party with a certification from two (2) authorized representatives of the district that the proof of cash procedure was performed by the independent third party in accordance with procedures required by the director and that to the best of their knowledge the financial information used was complete and accurate;
      4. Twenty-five thousand dollars ($25,000.00) or less — the only requirement shall be the annual report of district revenues, expenses and ending cash balance.
   4. Require corrections of faults or erroneous systems of accounting and when necessary instruct county and municipal officers in the proper mode of keeping accounts;
   5. Perform an audit or specified procedures of any books and records of any state institution, state agency, incorporated city or town with a population of less than four thousand (4,000) inhabitants or any district or entity described in W.S. 16-4-125(c) whenever the director feels the audit or procedures are necessary. In lieu of performing such audit or procedures, the director may accept an audit or specified procedures performed by a certified public accountant. Specified procedures shall include procedures conducted under one (1) of the following standards:
      1. Current government audit standards issued by the United States comptroller general;
      2. Generally accepted principles and quality standards formally approved by the Association of Inspectors General;
      3. Standards recognized by the Institute of Internal Auditors; or
      4. Standards recognized by the Association of Certified Fraud Examiners.
   6. Conduct performance measure reviews based on the standards developed in W.S. 28-1-115(a)(ii)(A). The director shall determine the means to be used to verify and validate the performance measures. The results of the reviews shall be reported to the agency head, governor and secretary of state;
   7. Require each county, city and town, special district and joint powers board in this state to report to the department revenues received and expenditures made each fiscal year. The reports shall be made not later than September 30 for the prior fiscal year. The format of the reports required by this paragraph shall be established by the department of audit by rule. Not later than December 31 of each year, the department shall provide a copy of the report on special districts under this paragraph to the board of county commissioners for each special district located in that county;
   8. Beginning 2018, require each special district and other entities specified in W.S. 16-12-202(a) in this state, no matter how formed, except districts created by and subject to administration by the courts, to report to the department and to the county clerk of the county where the special district or other specified entity is located its proposed budget for the next fiscal year. If a special district or other specified entity operates in multiple counties, the special district or other specified entity may post the proposed budget conspicuously on its website or file the proposed budget with each county clerk of the counties in which the special district or other specified entity operates. The report or posting shall be made not later than June 1 of each year. The format of the reports required by this paragraph shall be established by the department of audit by rule no later than December 31, 2017;
   9. In lieu of the rules described in subparagraphs (iii)(A) through (D) of this subsection, fire protection and water and sewer districts shall be required to comply with the rules to provide for different levels of oversight as follows:
      1. At least one million dollars ($1,000,000.00) – an audit by a certified public accountant shall be required;
      2. At least one hundred thousand dollars ($100,000.00) but less than one million dollars ($1,000,000.00) – requirements shall be greater than those in subparagraph (C) of this paragraph but less than those in subparagraph (A) of this paragraph. The rules shall provide for more stringent oversight requirements for districts with higher total revenues within this range than the requirements for districts with lower total revenues within this range;
      3. Less than one hundred thousand dollars ($100,000.00) but more than twenty–five thousand dollars ($25,000.00) – the only requirements shall be a proof of cash procedure conducted by an independent third party with a certification from two (2) authorized representatives of the district that the proof of cash procedure was performed by the independent third party in accordance with procedures required by the director and that to the best of their knowledge the financial information used was complete and accurate;
      4. Twenty–five thousand dollars ($25,000.00) or less — the only requirement shall be the annual report of district revenues, expenses and ending cash balance.
2. Repealed by Laws 1993, ch. 75, § 2.
3. Audit procedures performed on all state agencies, institutions and municipalities as defined in W.S. 16-4-102(a)(xiv) within the state shall be performed in accordance with current government audit standards issued by the United States comptroller general and within the standards for audit of governmental units as promulgated by the American Institute of Certified Public Accountants.
4. Repealed by Laws 2002, ch. 26, § 2.
5. The director may waive the oversight requirements of paragraph (a)(iii) of this section for special districts created by and subject to administration by the courts, if the district provides to the director:
   1. An annual written request for a waiver within thirty (30) days after the required annual filing of financial information with the court;
   2. A copy, certified by the court, of the receipts and disbursements of the district for the fiscal year for which the waiver is requested;
   3. A copy of the annual budget with the court authorized assessments for the year following the year for which the waiver is requested;
   4. Other information as the director may reasonably require.
6. No state agency or board shall impose requirements for audit procedures to be performed upon any public entity described in subsection (c) of this section which exceed the requirements of subsection (c) of this section unless those requirements have been authorized through rules or regulations promulgated by the director of the department of audit and the state agency or board provides funding for the additional audit requirements.
7. No state agency or board shall require of any recipient of grants or funds, as a condition of receiving the grant or funds, any audit procedures to be performed which exceed the requirements in subsection (c) of this section unless the state agency or board provides funding for the additional audit requirements through a specific amount in the grant of funds, or unless the requirements are specifically authorized by statute. All state agencies and boards shall verify that all applicants and recipients of state grants or loans are in compliance with the applicable reporting requirement under paragraph (a)(vii) of this section as a condition of receiving the grant or loan. For purposes of this section, a state grant or loan shall not be those grants or loans which include any federal funds or monies paid in consideration for services rendered to the state agency or board.
8. The department of audit shall have authority to promulgate rules and regulations to carry out the provisions of the audit procedures authorized by this section including, unless otherwise provided, setting the dollar limits at which audits authorized under subsections (f) and (g) of this section are to be performed for governmental entities in this state and any recipient of state funds.
9. The director of the department of audit shall certify:
   1. To the state treasurer and state auditor by October 5 of each year, a list of counties, cities and towns that failed to comply with paragraph (a)(vii) of this section. The state treasurer shall withhold the annual distribution, which would otherwise be made under W.S. 9-2-1014 .1, to any county, city or town failing to comply with paragraph (a)(vii) of this section. The withheld distribution shall be retained in the budget reserve account until the director of the department of audit certifies that the county, city or town has filed the required report. The state auditor shall immediately notify all state agencies and boards of every county, city or town that failed to comply with paragraph (a)(vii) of this section. Upon receipt of notification by the state auditor pursuant to this paragraph, a state agency or board shall withhold state grant and loan payments to every noncompliant county, city or town for the period after October 15 until further notice from the state auditor that a noncompliant county, city or town has come into compliance with paragraph (a)(vii) of this section. The department of audit shall certify to the state auditor when a county, city or town comes into compliance with paragraph (a)(vii) of this section. The state auditor shall immediately notify all state agencies and boards of every county, city or town that has come into compliance with paragraph (a)(vii) of this section. Any withheld state grant or loan payments shall be retained by the state agency or board in the account from which the disbursement would be made until the state agency or board receives notification from the state auditor that the county, city or town is in compliance with paragraph (a)(vii) of this section, or as otherwise provided by law;
   2. To the board of county commissioners and to the special district by October 5 of each year any special district in the county, no matter how formed, which has failed to comply with paragraph (a)(vii) of this section. If, by November 30 of that same year, the district has failed to comply with paragraph (a)(vii) of this section, the director of the department of audit shall file notice with the county commissioners, the county treasurer and the county clerk. The county commissioners shall place a public notice in a newspaper of general circulation in the county indicating the special district is in danger of being dissolved due to failure to comply with the legal reporting requirements. The county commissioners shall assess the special district the cost of the public notice. The county treasurer shall withhold any further distribution of money to the district until the department certifies to the county treasurer that the district has complied with all reporting requirements. If the special district fails to file the required report on or before December 30 of that same year, the county commissioners shall seek to dissolve the special district in accordance with W.S. 22-29-401 et seq. This paragraph shall apply in addition to any other provision for dissolution in the principal act for a special district;
   3. To the state auditor by October 5 of each year, a list of special districts and other entities described in W.S. 16-4-125(c) or specified in W.S. 16-12-202(a), no matter how formed, that failed to comply with paragraph (a)(vii) of this section. The state auditor shall immediately notify all state agencies and boards of every special district or other entity described in W.S. 16-4-125(c) or specified in W.S. 16-12-202(a) that failed to comply with paragraph (a)(vii) of this section. Upon receipt of notification by the state auditor pursuant to this paragraph, a state agency or board shall withhold state grant and loan payments to every noncompliant special district or other entity described in W.S. 16-4-125(c) or specified in W.S. 16-12-202(a) for the period after October 15 until further notice from the state auditor that a noncompliant district or entity has come into compliance with paragraph (a)(vii) of this section. The department of audit shall certify to the state auditor when a special district or other entity comes into compliance with paragraph (a)(vii) of this section. The state auditor shall immediately notify all state agencies and boards of any special district or other entity that has come into compliance with paragraph (a)(vii) of this section. Any withheld state grant or loan payment shall be retained by the state agency or board in the account from which the disbursement would be made until the state agency or board receives notification from the state auditor that the special district or other entity has complied with paragraph (a)(vii) of this section, or as otherwise provided by law.
10. The director of the department of audit shall report on or before December 31 of each year to the governor and the legislature, financial information regarding counties, cities, towns and special districts. The information shall be obtained from the annual reports collected from the required reports in this section and shall be in a form required by the director. The annual reports and the required reports in this section shall be open for public inspection.
11. The director of the department of audit shall have the authority to obtain the financial and criminal background of any employee or employment applicant of the department in accordance with W.S. 7-19-106 and 7-19-201 .
12. The director of the department of audit shall have the authority to appoint a public funds administrator who shall serve at the pleasure of the director. The administrator shall have not less than seven (7) years of experience holding all the requirements to practice as a certified public accountant or certified internal auditor. The administrator shall assist the director in his duties to supervise books, financial accounts and financial records of all state agencies and institutions, counties, school districts and municipalities within this state.

History. Laws 1925, ch. 155, § 17; R.S. 1931, § 109-517; C.S. 1945, § 18-817; W.S. 1957, § 9-102; Laws 1974, ch. 16, § 2; W.S. 1977, § 9-2-410 ; Laws 1978, ch. 44, § 1; 1980, ch. 49, § 2; 1981, ch. 60, § 1; 1982, ch. 62, § 3; 1989, ch. 157, § 1; 1991, ch. 240, § 1; 1993, ch. 75, §§ 1, 2; Laws 1994, ch. 29, § 1; 1995, ch. 199, § 1; 1997, ch. 178, § 1; 1998, ch. 13, § 1; 2001, ch. 199, § 1; ch. 209, § 1; 2002 Sp. Sess., ch. 26, §§ 1, 2; 2004, ch. 21, § 1; 2007, ch. 107, § 1; 2008, ch. 44, § 1; 2009, ch. 90, § 2; 2013 ch. 45, § 1, effective July 1, 2013; 2017 ch. 62, § 2, effective July 1, 2017; 2019 ch. 184, § 1, effective March 8, 2019; 2020 ch. 87, § 1, effective July 1, 2020; 2022 ch. 40, § 1, effective March 9, 2022; 2022 ch. 76, § 1, effective July 1, 2022.

Cross references. —

As to examination of accounts of circuit courts, see § 5-9-150 .

Effective dates. —

Laws 2019, ch. 184 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 8, 2019.

The 2004 amendment, effective July 1, 2004, added the last sentence in (k).

The 2007 amendment, in (a)(v) added the last sentence; added (a)(v)(A) through (a)(v)(D); and added (m) through (n).

Laws 2007, ch. 107, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 23, 2007.

The 2008 amendment, in (a)(vi), deleted “and the legislative service office” at the end, and made a stylistic change.

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The 2009 amendment, effective July 1, 2009, substituted “W.S. 16-4-125(c)” for “W.S. 16-4-104(g)” in (a)(iii) and (v).

The 2013 amendment, effective July 1, 2013, added the last sentence in (a)(vii); and added (viii).

The 2017 amendment, effective July 1, 2017, in (a)(viii), substituted “2018” for “2014”; added “and other entities specified in W.S. 16-12-202(a) prior to "in this state,” in the first sentence; substituted “county clerk” for “board of county commissioners” in the first sentence; added “other specified entity” following “the county where the special district” in the first sentence; added the second sentence; added “or posting” following “The report” in the third sentence; and substituted “2017” for “2013” at the end of the last sentence.

The 2019 amendment, added (a)(ix).

Laws 2019, ch. 184 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 8, 2019.

The 2020 amendment, effective July 1, 2020, in (a)(ix) substituted “subparagraphs (iii)(A) through (D)” for “subparagraphs (A) through (D) of paragraph (iii).”

The 2022 amendments, —

The first 2022 amendment, by ch. 40, § 1, added the second and third sentences in (g); in (j)(i), in the first sentence, added “and state auditor,” substituted “that” for “which,” added the fourth through eighth sentences; added (j)(iii); and made related changes.

Laws 2022, ch. 40, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 9, 2022.

The second 2022 amendment, by ch. 76, § 1, effective July 1, 2022, in the introductory language of (a)(iii), added “, special districts and other entities specified in W.S. 16-12-202(a)” in the first sentence, in the second sentence, added “and entities” and “or other entities specified in W.S. 16-12-202(a)”; in the introductory language of (a)(v), in the first sentence, added “special” preceding “district” and “or other entities specified in W.S. 16-12-202(a)”; in the introductory language of (a)(vii), substituted “counties, cities, towns and special districts and entities described in W.S. 16-4-125(c) or other entities specified in W.S. 16-12-202(a)” for “each county, city and town, special district and joint powers board” in the first sentence, in the last sentence, added “and entities described in W.S. 16-4-125(c) that receive funding from a municipality as defined by W.S. 16-4-102(a)(xiv) or other entities specified in W.S. 16-12-202(a)” and “and other entity”; in (j)(ii), added “or other entity” following “district” throughout the subsection, in the first sentence, added “or entity described in W.S. 16 4 125(c) that receives funding from a municipality as defined by W.S. 16-4-102(a)(xiv) or other entities specified in W.S. 16-12-202(a),” substituted “that” for “which has,” and added “the process described by” in the sixth sentence.

Editor's notes. —

There is no subsection (i) or ( l ) in this section as it appears in the printed acts.

Laws 2009, ch. 90, § 4 provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Laws 2022, ch. 40, § 2, provides, “All public officers who hold their position as of July 1, 2023 shall receive the training required by this act on or before July 1, 2024.”

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 9-1-507. Examination of books of state institutions, agencies and certain districts and entities; independent audit authorized; guidelines. [Effective July 1, 2022]

1. The director of the state department of audit shall:
   1. Supervise the books, financial accounts and financial records of all state agencies and institutions, counties, school districts and municipalities within the state;
   2. Repealed by Laws 1993, ch. 75, § 2.
   3. Require state institutions, state agencies, the entities described in W.S. 16-4-125(c), special districts and other entities specified in W.S. 16-12-202(a) and incorporated cities and towns with a population of less than four thousand (4,000) inhabitants to file with the department such reports of the books and accounts of the institution, agency, district or entity as the director deems necessary. The director shall promulgate rules under which special districts and entities described in W.S. 16-4-125(c) or other entities specified in W.S. 16-12-202(a) shall prepare and file an annual report of their books and records with the department of audit. These rules shall apply to special districts which are subject to administration by the courts as provided in subsection (e) of this section. These rules shall provide for different levels of oversight, at the expense of the district, depending upon the higher of the total revenues received or expenditures made by the district during the fiscal year under review subject to the following limitations:
      1. At least one million dollars ($1,000,000.00) — an audit by a certified public accountant shall be required;
      2. At least one hundred thousand dollars ($100,000.00) but less than one million dollars ($1,000,000.00) — requirements shall be greater than those in subparagraph (C) of this paragraph but less than those in subparagraph (A) of this paragraph. The rules shall provide for more stringent oversight requirements for districts with higher total revenues within this range than the requirements for districts with lower total revenues within this range;
      3. Less than one hundred thousand dollars ($100,000.00) but more than twenty-five thousand dollars ($25,000.00) — the only requirements shall be a proof of cash procedure conducted by an independent third party with a certification from two (2) authorized representatives of the district that the proof of cash procedure was performed by the independent third party in accordance with procedures required by the director and that to the best of their knowledge the financial information used was complete and accurate;
      4. Twenty-five thousand dollars ($25,000.00) or less — the only requirement shall be the annual report of district revenues, expenses and ending cash balance.
   4. Require corrections of faults or erroneous systems of accounting and when necessary instruct county and municipal officers in the proper mode of keeping accounts;
   5. Perform an audit or specified procedures of any books and records of any state institution, state agency, incorporated city or town with a population of less than four thousand (4,000) inhabitants or any special district or entity described in W.S. 16-4-125(c) or other entities specified in W.S. 16-12-202(a) whenever the director feels the audit or procedures are necessary. In lieu of performing such audit or procedures, the director may accept an audit or specified procedures performed by a certified public accountant. Specified procedures shall include procedures conducted under one (1) of the following standards:
      1. Current government audit standards issued by the United States comptroller general;
      2. Generally accepted principles and quality standards formally approved by the Association of Inspectors General;
      3. Standards recognized by the Institute of Internal Auditors; or
      4. Standards recognized by the Association of Certified Fraud Examiners.
   6. Conduct performance measure reviews based on the standards developed in W.S. 28-1-115(a)(ii)(A). The director shall determine the means to be used to verify and validate the performance measures. The results of the reviews shall be reported to the agency head, governor and secretary of state;
   7. Require counties, cities, towns and special districts and entities described in W.S. 16-4-125(c) or other entities specified in W.S. 16-12-202(a) in this state to report to the department revenues received and expenditures made each fiscal year. The reports shall be made not later than September 30 for the prior fiscal year. The format of the reports required by this paragraph shall be established by the department of audit by rule. Not later than December 31 of each year, the department shall provide a copy of the report on special districts and entities described in W.S. 16-4-125(c) that receive funding from a municipality as defined by W.S. 16-4-102(a)(xiv) or other entities specified in W.S. 16-12-202(a) under this paragraph to the board of county commissioners for each special district and other entity located in that county;
   8. Beginning 2018, require each special district and other entities specified in W.S. 16-12-202(a) in this state, no matter how formed, except districts created by and subject to administration by the courts, to report to the department and to the county clerk of the county where the special district or other specified entity is located its proposed budget for the next fiscal year. If a special district or other specified entity operates in multiple counties, the special district or other specified entity may post the proposed budget conspicuously on its website or file the proposed budget with each county clerk of the counties in which the special district or other specified entity operates. The report or posting shall be made not later than June 1 of each year. The format of the reports required by this paragraph shall be established by the department of audit by rule no later than December 31, 2017;
   9. In lieu of the rules described in subparagraphs (iii)(A) through (D) of this subsection, fire protection and water and sewer districts shall be required to comply with the rules to provide for different levels of oversight as follows:
      1. At least one million dollars ($1,000,000.00) – an audit by a certified public accountant shall be required;
      2. At least one hundred thousand dollars ($100,000.00) but less than one million dollars ($1,000,000.00) – requirements shall be greater than those in subparagraph (C) of this paragraph but less than those in subparagraph (A) of this paragraph. The rules shall provide for more stringent oversight requirements for districts with higher total revenues within this range than the requirements for districts with lower total revenues within this range;
      3. Less than one hundred thousand dollars ($100,000.00) but more than twenty–five thousand dollars ($25,000.00) – the only requirements shall be a proof of cash procedure conducted by an independent third party with a certification from two (2) authorized representatives of the district that the proof of cash procedure was performed by the independent third party in accordance with procedures required by the director and that to the best of their knowledge the financial information used was complete and accurate;
      4. Twenty–five thousand dollars ($25,000.00) or less — the only requirement shall be the annual report of district revenues, expenses and ending cash balance.
2. Repealed by Laws 1993, ch. 75, § 2.
3. Audit procedures performed on all state agencies, institutions and municipalities as defined in W.S. 16-4-102(a)(xiv) within the state shall be performed in accordance with current government audit standards issued by the United States comptroller general and within the standards for audit of governmental units as promulgated by the American Institute of Certified Public Accountants.
4. Repealed by Laws 2002, ch. 26, § 2.
5. The director may waive the oversight requirements of paragraph (a)(iii) of this section for special districts created by and subject to administration by the courts, if the district provides to the director:
   1. An annual written request for a waiver within thirty (30) days after the required annual filing of financial information with the court;
   2. A copy, certified by the court, of the receipts and disbursements of the district for the fiscal year for which the waiver is requested;
   3. A copy of the annual budget with the court authorized assessments for the year following the year for which the waiver is requested;
   4. Other information as the director may reasonably require.
6. No state agency or board shall impose requirements for audit procedures to be performed upon any public entity described in subsection (c) of this section which exceed the requirements of subsection (c) of this section unless those requirements have been authorized through rules or regulations promulgated by the director of the department of audit and the state agency or board provides funding for the additional audit requirements.
7. No state agency or board shall require of any recipient of grants or funds, as a condition of receiving the grant or funds, any audit procedures to be performed which exceed the requirements in subsection (c) of this section unless the state agency or board provides funding for the additional audit requirements through a specific amount in the grant of funds, or unless the requirements are specifically authorized by statute. All state agencies and boards shall verify that all applicants and recipients of state grants or loans are in compliance with the applicable reporting requirement under paragraph (a)(vii) of this section as a condition of receiving the grant or loan. For purposes of this section, a state grant or loan shall not be those grants or loans which include any federal funds or monies paid in consideration for services rendered to the state agency or board.
8. The department of audit shall have authority to promulgate rules and regulations to carry out the provisions of the audit procedures authorized by this section including, unless otherwise provided, setting the dollar limits at which audits authorized under subsections (f) and (g) of this section are to be performed for governmental entities in this state and any recipient of state funds.
9. The director of the department of audit shall certify:
   1. To the state treasurer and state auditor by October 5 of each year, a list of counties, cities and towns that failed to comply with paragraph (a)(vii) of this section. The state treasurer shall withhold the annual distribution, which would otherwise be made under W.S. 9-2-1014 .1, to any county, city or town failing to comply with paragraph (a)(vii) of this section. The withheld distribution shall be retained in the budget reserve account until the director of the department of audit certifies that the county, city or town has filed the required report. The state auditor shall immediately notify all state agencies and boards of every county, city or town that failed to comply with paragraph (a)(vii) of this section. Upon receipt of notification by the state auditor pursuant to this paragraph, a state agency or board shall withhold state grant and loan payments to every noncompliant county, city or town for the period after October 15 until further notice from the state auditor that a noncompliant county, city or town has come into compliance with paragraph (a)(vii) of this section. The department of audit shall certify to the state auditor when a county, city or town comes into compliance with paragraph (a)(vii) of this section. The state auditor shall immediately notify all state agencies and boards of every county, city or town that has come into compliance with paragraph (a)(vii) of this section. Any withheld state grant or loan payments shall be retained by the state agency or board in the account from which the disbursement would be made until the state agency or board receives notification from the state auditor that the county, city or town is in compliance with paragraph (a)(vii) of this section, or as otherwise provided by law;
   2. To the board of county commissioners and to the special district or entity described in W.S. 16-4-125(c) that receives funding from a municipality as defined by W.S. 16-4-102(a)(xiv) or other entities specified in W.S. 16-12-202(a) by October 5 of each year any special district or other entity in the county, no matter how formed, that failed to comply with paragraph (a)(vii) of this section. If, by November 30 of that same year, the district or other entity has failed to comply with paragraph (a)(vii) of this section, the director of the department of audit shall file notice with the county commissioners, the county treasurer and the county clerk. The county commissioners shall place a public notice in a newspaper of general circulation in the county indicating the special district or other entity is in danger of being dissolved due to failure to comply with the legal reporting requirements. The county commissioners shall assess the special district or other entity the cost of the public notice. The county treasurer shall withhold any further distribution of money to the district until the department certifies to the county treasurer that the district or other entity has complied with all reporting requirements. If the special district or other entity fails to file the required report on or before December 30 of that same year, the county commissioners shall seek to dissolve the special district or other entity in accordance with the process described by W.S. 22-29-401 et seq. This paragraph shall apply in addition to any other provision for dissolution in the principal act for a special district or other entity;
   3. To the state auditor by October 5 of each year, a list of special districts and other entities described in W.S. 16-4-125(c) or specified in W.S. 16-12-202(a), no matter how formed, that failed to comply with paragraph (a)(vii) of this section. The state auditor shall immediately notify all state agencies and boards of every special district or other entity described in W.S. 16-4-125(c) or specified in W.S. 16-12-202(a) that failed to comply with paragraph (a)(vii) of this section. Upon receipt of notification by the state auditor pursuant to this paragraph, a state agency or board shall withhold state grant and loan payments to every noncompliant special district or other entity described in W.S. 16-4-125(c) or specified in W.S. 16-12-202(a) for the period after October 15 until further notice from the state auditor that a noncompliant district or entity has come into compliance with paragraph (a)(vii) of this section. The department of audit shall certify to the state auditor when a special district or other entity comes into compliance with paragraph (a)(vii) of this section. The state auditor shall immediately notify all state agencies and boards of any special district or other entity that has come into compliance with paragraph (a)(vii) of this section. Any withheld state grant or loan payment shall be retained by the state agency or board in the account from which the disbursement would be made until the state agency or board receives notification from the state auditor that the special district or other entity has complied with paragraph (a)(vii) of this section, or as otherwise provided by law.
10. The director of the department of audit shall report on or before December 31 of each year to the governor and the legislature, financial information regarding counties, cities, towns and special districts. The information shall be obtained from the annual reports collected from the required reports in this section and shall be in a form required by the director. The annual reports and the required reports in this section shall be open for public inspection.
11. The director of the department of audit shall have the authority to obtain the financial and criminal background of any employee or employment applicant of the department in accordance with W.S. 7-19-106 and 7-19-201 .
12. The director of the department of audit shall have the authority to appoint a public funds administrator who shall serve at the pleasure of the director. The administrator shall have not less than seven (7) years of experience holding all the requirements to practice as a certified public accountant or certified internal auditor. The administrator shall assist the director in his duties to supervise books, financial accounts and financial records of all state agencies and institutions, counties, school districts and municipalities within this state.

History. Laws 1925, ch. 155, § 17; R.S. 1931, § 109-517; C.S. 1945, § 18-817; W.S. 1957, § 9-102; Laws 1974, ch. 16, § 2; W.S. 1977, § 9-2-410 ; Laws 1978, ch. 44, § 1; 1980, ch. 49, § 2; 1981, ch. 60, § 1; 1982, ch. 62, § 3; 1989, ch. 157, § 1; 1991, ch. 240, § 1; 1993, ch. 75, §§ 1, 2; Laws 1994, ch. 29, § 1; 1995, ch. 199, § 1; 1997, ch. 178, § 1; 1998, ch. 13, § 1; 2001, ch. 199, § 1; ch. 209, § 1; 2002 Sp. Sess., ch. 26, §§ 1, 2; 2004, ch. 21, § 1; 2007, ch. 107, § 1; 2008, ch. 44, § 1; 2009, ch. 90, § 2; 2013 ch. 45, § 1, effective July 1, 2013; 2017 ch. 62, § 2, effective July 1, 2017; 2019 ch. 184, § 1, effective March 8, 2019; 2020 ch. 87, § 1, effective July 1, 2020; 2022 ch. 40, § 1, effective March 9, 2022; 2022 ch. 76, § 1, effective July 1, 2022.

§ 9-1-508. Prohibited acts; failure to make return; refusal to give information; hindering or obstructing examination; penalties.

1. A person commits a felony punishable by a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00), imprisonment for not less than one (1) nor more than five (5) years, or both, if he:
   1. Refuses to make a required return or exhibit to the director of the state department of audit;
   2. Refuses to give or obstructs access to information required by the director;
   3. Willfully hinders, obstructs or misleads the director in the execution of his duties;
   4. In any manner hinders the thorough examination the director is required to make by law.

History. Laws 1925, ch. 155, § 22; R.S. 1931, § 109-522; C.S. 1945, § 18-823; W.S. 1957, § 9-108; W.S. 1977, § 9-2-417 ; Laws 1982, ch. 62, § 3; 1991, ch. 240, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-1-509. Duty of county and district attorneys.

When requested by the director of the state department of audit, the county and prosecuting or district attorney shall aid in any investigation or matter, give legal advice, and prosecute criminal cases.

History. Laws 1925, ch. 155, § 28; R.S. 1931, § 109-528; C.S. 1945, § 18-829; W.S. 1957, § 9-113; W.S. 1977, § 9-2-421; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 1991, ch. 240, § 1.

§ 9-1-510. Instructions to public officers; failure of public officer to obey.

1. The director of the state department of audit shall establish minimum training requirements for public officers. The department of audit shall promulgate rules to effectuate this paragraph. The director shall instruct public officers in the proper handling of the accounts of their offices in accordance with the minimum training requirements established by the director and provide comprehensive written materials. In lieu of directly instructing public officers, the director may develop and maintain a list of approved courses that comply with the minimum training requirements. All public officers shall receive instruction in accordance with the minimum training requirements established by the director within one (1) year of assuming office or assuming responsibility for handling the accounts of their office. The director may waive or modify the requirement for public officers to receive instruction within one (1) year of assuming office or responsibility for handling the accounts of their office if no approved courses exist in either a virtual format or within the state, or if available courses are cost prohibitive. A public officer shall handle the accounts of his office strictly in conformance with the instructions of the director or any approved course and in the manner required by law. If any public officer willfully neglects or refuses to handle his accounts in the manner required or fails to comply with the minimum training requirements established by the director within one (1) year of assuming office, the director may request the governing body with oversight over the public officer or other appropriate authority to remove the public officer or provide increased oversight. For purposes of this section, a “public officer” shall be defined as:
   1. The person or persons directly responsible for handling the accounts of their public office; and
   2. For entities managed by a governing body, members of the governing body with oversight over the person or persons directly responsible for handling the accounts of their public office.
2. Reports of books and accounts filed in the office of the director of the state department of audit as required by W.S. 9-1-507(a)(iii) shall be filed within three (3) months after the end of the fiscal year being reported, and shall be in such form and detail as the director may require. Upon a request in writing and good cause shown, the director may allow an extension of time for filing a report or such additional information as may be required.
3. If a report is not filed in the director’s office within the time allowed, the director may proceed to have an audit, or other oversight, as required, performed and may recover the cost of the audit or other oversight in the manner provided in W.S. 16-4-121(e).

History. Laws 1925, ch. 155, § 33; R.S. 1931, § 109-533; C.S. 1945, § 18-834; W.S. 1957, § 9-118; W.S. 1977, § 9-2-426; Laws 1982, ch. 62, § 3; 1991, ch. 240, § 1; 1993, ch. 75, § 1; 1994, ch. 29, § 1; 2022 ch. 40, § 1, effective March 9, 2022.

The 2022 amendment rewrote (a), which read, “The director of the state department of audit shall instruct public officers in the proper handling of the accounts of their offices. A public officer shall handle the accounts of his office strictly in conformance with the instructions of the director. If any officer willfully neglects or refuses to handle his accounts in the manner required, the director may request those in authority to remove the officer.”

Laws 2022, ch. 40, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 9, 2022.

Editor’s notes. —

Laws 2022, ch. 40, § 2, provides, “All public officers who hold their position as of July 1, 2023 shall receive the training required by this act on or before July 1, 2024.”

§ 9-1-511. Reports of examinations of public offices and institutions; reports on complaints or misconduct charges.

1. The director of the state department of audit shall prepare a report of each examination of public offices and institutions and he shall keep a permanent file of the reports. He shall provide a copy of reports on state agencies and institutions to the governor, the joint appropriations interim committee and the department of administration and information. Reports of other examinations shall be sent to the appropriate governing body.
2. The director shall file with the county clerk of the county a copy of every report on a county office or institution, school district or municipal office. Audit reports prepared for agencies by independent accounting firms and accepted in lieu of the director’s report shall be similarly filed. The reports shall be open for public inspection.
3. If a complaint or misconduct charge is made against any officer within the state, a copy of any report, as well as full details of the case, shall be submitted to the governor.

History. Laws 1925, ch. 155, § 34; R.S. 1931, § 109-534; C.S. 1945, § 18-835; Laws 1951, ch. 81, § 1; 1957, ch. 111, § 1; W.S. 1957, § 9-119; Laws 1973, ch. 215, § 1; W.S. 1977, § 9-2-427; Laws 1978, ch. 44, § 1; 1982, ch. 62, § 3; 1991, ch. 29, § 3; ch. 240, § 1; 1997, ch. 31, § 2; 1999, ch. 23, § 1.

§ 9-1-512. Reports required by law not open for public examination; exceptions; forms for reports.

The director of the state department of audit shall receive and place on file in his office all reports required by law. None of the reports, except as provided by W.S. 9-1-507(k) and the published statement of banks and public offices, are public records or open for public inspection. The state banking commissioner may furnish to the federal reserve bank and its examiners copies of all reports and information pertaining to the condition of the state bank members of the federal reserve system. He may furnish to the federal deposit insurance corporation copies of all reports and information pertaining to the condition of state banks in which the corporation is interested. The state banking commissioner may share examination and other reports with other bank supervisory agencies as authorized by W.S. 13-2-807 and 13-9-316 . The director of the state department of audit shall prescribe and distribute the forms for all reports his office is required by law to make.

History. Laws 1925, ch. 155, § 35; R.S. 1931, § 109-535; Laws 1935, ch. 12, § 1; C.S. 1945, § 18-836; W.S. 1957, § 9-120; W.S. 1977, § 9-2-428; Laws 1982, ch. 62, § 3; 1991, ch. 240, § 1; 1997, ch. 75, § 2; 2004, ch. 21, § 1.

The 2004 amendment, effective July 1, 2004, inserted “as provided by W.S. 9-1-507(k) and” following “None of the reports, except.”

§ 9-1-513. School finance audits and management studies.

1. In addition to other duties prescribed under this article, the director of the department of audit shall establish a school finance section within the department to carry out duties prescribed by this section.
2. The school finance section within the department established under subsection (a) of this section shall:
   1. Conduct periodic audits of each school district pertaining to data required to be submitted to the department of education under law and by rule and regulation of the state superintendent of public instruction for purposes of implementing and operating the “school finance system” as defined under W.S. 21-2-203(a). Audits under this paragraph shall include audits of systems supporting data collection and shall be performed on each school district at least once within each three (3) year period;
   2. Conduct management studies of school districts including program evaluations and performance audits, on issues identified by the advisory committee to the department of education, as established under W.S. 21-2-203(d);
   3. Conduct compliance and effectiveness and efficiency audits of the state department of education with respect to data used in the school finance system, implementation and computations under the school finance system and the allocation of funds to school districts through the school finance system;
   4. Report findings and recommendations to the department of education resulting from audits and studies conducted on school districts pursuant to this subsection, including recommendations for remedies to identified problems and issues and including the identification and quantification of amounts involved in audit report and study findings;
   5. In addition to paragraph (b)(iv) of this section, provide a written report of each audit or study to the school district for which the audit or report was conducted;
   6. Maintain a written report of each audit and study conducted under this section;
   7. Establish a process to ensure school districts and the department of education address and resolve any problems identified within audit and report findings and recommendations and establish the determination of the materiality levels for findings;
   8. Provide an annual report to the legislature on audits and studies conducted by the department under this section and on district and department of education efforts to resolve identified problems within the audits and reports. Reports under this paragraph shall include written responses by the districts and the department of education submitted in accordance with subsection (c) of this section;
   9. As a part of the requirements under paragraph (i) of this subsection, conduct periodic audits of career and technical education information and computations submitted by districts as necessary for implementation of W.S. 21-13-309(m)(v)(D) and include audit findings in the report to the department of education required under paragraph (iv) of this subsection and the report to the legislature required under paragraph (viii) of this subsection.
3. School districts and the department of education shall provide access to all data and other information and shall cooperate with the school finance section as necessary to implement this section and to conduct audits and reports required under this section. In addition, each district shall within thirty (30) days following receipt of a copy of the audit or report, file a written response to each audit or report conducted on that district with the department. The state superintendent shall on behalf of the department of education and within thirty (30) days following receipt of a report or audit on the department, file a written response to the report with the department of audit.
4. The director or his designee shall participate in the advisory committee to the department of education, as required under W.S. 21-2-203(d).

History. Laws 2002, Sp. Sess., ch. 76, § 1; 2003, ch. 164, § 2; 2006, ch. 37, § 1; 2010, ch. 1, § 1; 2011, ch. 185, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2021 ch. 66, § 1, effective July 1, 2021.

Cross references. —

As to career-vocational education program grants, see § 21-12-105 .

As to qualification and limitations on funding eligibility for vocational education, and adjustment to foundation program formula, see § 21-13-329 .

The 2006 amendment, effective July 1, 2006, in (b), deleted “division of data management and reporting of the” following “committee to the” in (ii), in (ix), substituted “As a part of the requirements under” for “In addition to,” and “as necessary for implementation of W.S. 21-13-309(m)(v)(D)” for “in accordance with W.S. 21-13-329 ”; deleted “division of data management and reporting of the” following “committee to the” in (d).

The 2010 amendment, effective July 1, 2010, deleted the former last sentence of (b)(ix), which read: “Each district shall be audited for purposes of this paragraph not less than once every three (3) years.”

The 2011 amendment, effective July 1, 2011, in (b)(ix), substituted “career-vocational” for “vocational.”

The 2013 amendment, in (i), substituted “director of the department of education” for “state superintendent of public instruction”; and substituted “director” for “state superintendent in the last sentence of (c).

Laws 2013, ch 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in the first sentence in (b)(i), substituted “state superintendent of public instruction” for “director of the department of education”; and in the last sentence in (c), substituted “state superintendent” for “director.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2021 amendment , effective July 1, 2021, substituted "career and technical" for "career-vocational" in (b)(ix).

Editor's notes. —

Laws 2002, Sp. Sess., ch. 76, § 11, directs that all records and other information pertaining to the school finance audit section within the legislative service office, together with all standards and procedures for auditing school district data, be transferred to the department of audit as necessary to implement W.S. 9-1-513 as created under section 1 of the act.

Appropriations. —

Laws 2005, ch. 99, § 3, effective July 1, 2005, appropriates $292,338 from the general fund to the department of audit and authorizes 4 additional full-time positions for the administration of W.S. 9-1-513 for the period beginning July 1, 2005, and ending June 30, 2006. The appropriation and positions authorized are to be reduced by any positions and any amount of funding for K-12 public school auditors provided in general session 2005 Senate File 1 (Laws 2005, ch. 191), as enacted into law.

2013 amendment unconstitutional. —

Senate Enrolled Act 1 (Laws 2013, Chapter 1), which amended this section, is unconstitutional, as it deprives the State Superintendent of Public Instruction the power of ?general supervision of the public schools? that is entrusted to the Superintendent in Wyo. Const. art. 7, ? 14. Powers v. State, 2014 WY 15, 318 P.3d 300, 2014 Wyo. LEXIS 16 (Wyo. 2014), and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).

§ 9-1-601. Appointment; term; removal; special assistant for legislative affairs; qualifications.

1. The attorney general of the state of Wyoming shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103 and may be removed by the governor as provided in W.S. 9-1-202 .
2. If a newly elected governor appoints an attorney general to take office prior to or during the legislative session next following the governor’s election, the newly appointed attorney general designee shall become a member of the attorney general’s staff to serve as a special assistant to the governor for legislative affairs. When the legislative session adjourns the attorney general’s term of office shall terminate.
3. Prior to his appointment, the attorney general shall have been a practicing attorney for at least four (4) years. At the date of appointment, he shall be in good standing in the courts of record of this state and shall be a resident and elector of the state.

History. Laws 1899, ch. 22, §§ 1, 2; R.S. 1899, §§ 94, 95; C.S. 1910, §§ 138, 139; C.S. 1920, §§ 147, 148; R.S. 1931, §§ 109-601, 109-602; C.S. 145, §§ 18-901, 18-902; W.S. 1957, §§ 9-121, 9-122; Laws 1975, ch. 148, § 1; W.S. 1977, §§ 9-2-501 , 9-2-502; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1; 2001, ch. 152, § 1.

Cross references. —

As to attorneys-at-law, see §§ 33-5-101 to 33-5-117 .

Stated in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 9-1-602. Vacancy in office.

In case of a vacancy in the office of attorney general the governor shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28-12-101(b).

History. Laws 1899, ch. 22, § 4; R.S. 1899, § 98; C.S. 1910, § 142; C.S. 1920, § 151; R.S. 1931, § 109-605; C.S. 1945, § 18-904; W.S. 1957, § 9-124; Laws 1975, ch. 148, § 1; W.S. 1977, § 9-2-504; Laws 1982, ch. 62, § 3; 2001, ch. 152, § 1.

§ 9-1-603. Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials; coordination of county and school safety activities; bankruptcy proceedings.

1. The attorney general shall:
   1. Prosecute and defend all suits instituted by or against the state of Wyoming, the prosecution and defense of which is not otherwise provided for by law;
   2. Represent the state in criminal cases in the supreme court;
   3. Defend suits brought against state officers in their official relations, except suits brought against them by the state;
   4. Represent the state in suits, actions or claims in which the state is interested in either the Wyoming supreme court or any United States court;
   5. Be the legal adviser of all elective and appointive state officers and of the county and district attorneys of the state;
   6. When requested, give written opinions upon questions submitted to him by elective and appointive state officers and by either branch of the legislature, when in session;
   7. Effective July 1, 2000, serve as the designated agency to administer the Wyoming governor’s council on developmental disabilities. A memorandum of understanding shall be executed by and between the designated agency and the governor’s council, which shall incorporate the provisions of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6024;
   8. Approve or disapprove any contract submitted to him for review within thirty (30) days of submission;
   9. Establish a call center to accept information related to school and student safety issues and assist in the delivery of that information as necessary to allow for the coordination of local law enforcement, emergency response personnel and school district officials. To the extent possible, the identity of parties reporting information via the call center shall remain unknown to all persons and entities. The attorney general may enact rules as necessary to administer the duties required under this paragraph;
   10. Supervise the Medicaid fraud control unit created by W.S. 42-4-401 et seq.
2. With the approval of the governor the attorney general may retain qualified practicing attorneys to prosecute fee-generating suits for the state if expertise in a particular field is desirable.
3. Upon the failure or refusal of any district or county attorney to act in any criminal or civil case or matter in which the county, state or any agency thereof is a party, or has an interest, the attorney general may, at the request of the board of county commissioners of the county involved or of the district judge of the judicial district involved, act on behalf of the county, state or any agency thereof, if after a thorough investigation the action is deemed advisable by the attorney general. The cost of investigation and the cost of any prosecution arising therefrom shall be paid out of the general fund of the county where the investigation and prosecution take place. The attorney general shall also, upon direction of the governor, investigate any matter in any county of the state in which the county, state or any agency thereof may be interested. After investigation, the attorney general shall submit a report of the investigation to the governor and to the district or county attorney of each county involved and may take such other action as he deems appropriate.
4. When requested by a county or district attorney, the attorney general may assign a member of his staff who is experienced in trial work and in the prosecution of criminal cases to assist in the prosecution of a felony.
5. All records or information related to the operation of the call center required under paragraph (a)(ix) of this section are confidential and shall not be deemed a public record under W.S. 16-4-201 et seq. Except pursuant to a court order, the attorney general shall not be compelled to produce any materials obtained in relation to the operation of the call center.
6. Notwithstanding W.S. 18-3-302(a)(i) or subsection (c) of this section, at the request of the board of county commissioners and if deemed advisable by the attorney general, the attorney general may consult with or act jointly with the county attorney or may act on behalf of the county in a bankruptcy proceeding where the county has an interest in collecting taxes from the entity seeking bankruptcy. The costs of the bankruptcy proceeding shall be allocated pursuant to an agreement between the state and the county.

History. Laws 1899, ch. 22, § 5; R.S. 1899, § 99; C.S. 1910, § 145; C.S. 1920, § 154; R.S. 1931, § 109-608; C.S. 1945, § 18-905; W.S. 1957, §§ 9-125, 9-125.1; Laws 1969, ch. 209, § 1; 1973, ch. 215, § 1; ch. 224, §§ 1, 2; W.S. 1977, §§ 9-2-505, 9-2-506; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 2000, ch. 50, § 1; 2004, ch. 132, § 2; 2011, ch. 176, § 1; 2016 ch. 100, § 1, effective March 11, 2016; 2019 ch. 96, § 2, effective February 26, 2019; 2020 ch. 23, § 1, effective March 9, 2020.

Cross references. —

As to duty to furnish advice and assistance to state agencies in the preparation and revision of regulations, see § 16-3-104 .

As to appointing members of board of registration for professional engineers and professional land surveyors, see § 33-29-115.

The 2004 amendment, effective July 1, 2004, added (a)(viii).

The 2011 amendment, in (a)(vii), inserted “Wyoming,” and deleted “planning” preceding “council” twice.

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

The 2016 amendment, added (a)(ix) and (e).

Laws 2016, ch. 100, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 11, 2016.

The 2019 amendment, added (a)(x).

Laws 2019, ch. 96 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

The 2020 amendment added (f).

Laws 2020, ch. 23, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2020.

Editor's notes. —

Laws 2000, ch. 50, § 2, transfers all funds and positions for the governor's planning council on developmental disabilities from the office of the governor to the office of the attorney general, effective July 1, 2000.

State's rights. —

Laws 1997, ch. 196, § 4, provides: “If the federal government attempts, contrary to law, to impose any interpretation on P.L. 104-109 that prevents the state from using state maintenance of effort funds as the state wishes or which requires state maintenance of effort funds to comply with restrictions not found in state law, the attorney general shall seek to the extent practical an appropriate legal or equitable remedy to prevent the federal government from enforcing any such interpretation.”

Federal law. —

The Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 6024, was repealed, P.L. 106-402, October 30, 2000. For present similar provisions see 42 U.S.C. § 15022 et seq.

Section serves as check on county attorney by executive agent. —

This section is not an abrogation of the executive function by the district court but rather a check on the county attorney by another executive agent. In re Padget, 678 P.2d 870, 1984 Wyo. LEXIS 271 (Wyo. 1984).

Representation of state in criminal cases before supreme court. —

In that the attorney general shall represent the state in all criminal cases in the supreme court, a county and prosecuting attorney has no standing to do so or to bring an application for rehearing. Kwallek v. State, 596 P.2d 1372, 1979 Wyo. LEXIS 379 (Wyo.), reh'g denied, 596 P.2d 1372, 1979 Wyo. LEXIS 384 (Wyo. 1979), reh'g denied, 596 P.2d 1372, 1979 Wyo. LEXIS 387 (Wyo. 1979), reh'g denied, 596 P.2d 1372, 1979 Wyo. LEXIS 396 (Wyo. 1979).

Where the record on appeal has been filed with the supreme court, the attorney general acquires complete charge of the state's case such that he may not be bypassed by the county prosecuting attorney's attempt to supplement the record by entering into a stipulation. Fulcher v. State, 633 P.2d 142, 1981 Wyo. LEXIS 369 (Wyo. 1981).

Failure to serve appeal brief on attorney general is sufficient ground for dismissal of appeal. State v. Kelly, 33 Wyo. 420, 240 P. 207, 1925 Wyo. LEXIS 46 (Wyo. 1925).

A writ of error in a criminal case will be dismissed where no copy of the brief has been served upon, or has ever come into the hands of, the attorney general, although the failure to serve the attorney general was caused through inadvertence and mistake and service has been made upon the prosecuting officer of the proper county. Wilhelm v. State, 13 Wyo. 511, 81 P. 882, 1905 Wyo. LEXIS 26 (Wyo. 1905).

Effect of opinion published by deputy attorney general. —

Attorney general cannot escape the consequences or effect of an official published legal opinion issued from his office by a deputy attorney general without withdrawal or reversal of the opinion. Brimmer v. Thomson, 521 P.2d 574, 1974 Wyo. LEXIS 197 (Wyo. 1974).

Officers and agencies may not routinely present inquiries to court for guidance. —

A court determination may be necessary on issues already presented to the attorney general for an opinion, but it is not contemplated that state officers and agencies may routinely present their inquiries to the district court for guidance. Langdon v. Aetna Life Ins. Co., 640 P.2d 1092, 1982 Wyo. LEXIS 299 (Wyo. 1982).

Applied in

Amax Coal Co. v. Wyoming State Bd. of Equalization, 819 P.2d 825, 1991 Wyo. LEXIS 155 (Wyo. 1991).

Quoted in

State v. Selig, 635 P.2d 786, 1981 Wyo. LEXIS 383 (Wyo. 1981).

Cited in

Big Horn Power Co. v. State, 23 Wyo. 271, 148 P. 1110, 1915 Wyo. LEXIS 25 (1915); State v. Newman, 2004 WY 41, 88 P.3d 445, 2004 Wyo. LEXIS 48 (2004).

Law reviews. —

For comment, “Competitive Bidding of Public Works in Wyoming: Determination of Responsibility and Preference,” see 11 Land & Water L. Rev. 243 (1976).

For article, “A Preliminary Review of Wyoming's Revised Civil Commitment Procedures,” see XVII Land & Water L. Rev. 531 (1982).

For article, “Ethical Considerations When Representing Organizations,” see 3 Wyo. L. Rev. 581 (2003).

§ 9-1-604. Office in state capitol building; private practice prohibited; exception.

The attorney general shall keep an office in the state capital, shall not open an office elsewhere and shall not engage in any private practice except to consummate business pending at the time of his appointment if not in conflict with the duties of his office.

History. Laws 1899, ch. 22, § 6; R.S. 1899, § 97; Laws 1907, ch. 19, § 1; C.S. 1910, § 141; Laws 1919, ch. 40, § 1; C.S. 1920, § 150; Laws 1921, ch. 95, § 2; R.S. 1931, § 109-604; Laws 1945, ch. 80, § 1; C.S. 1945, § 18-906; Laws 1947, ch. 87, § 1; 1949, ch. 65, § 8; 1951, ch. 44, § 4; 1953, ch. 139, § 6; 1957, ch. 157, § 11; W.S. 1957, § 9-126; Laws 1961, ch. 148, § 12; 1963, ch. 116, § 2; 1965, ch. 115, § 12; 1967, ch. 181, § 3; 1969, ch. 168, § 10; W.S. 1977, § 9-2-508; Laws 1982, ch. 62, § 3; 2014 ch. 40, § 2, effective March 6, 2014.

The 2014 amendment, substituted “state capital” for “state capitol building.”

Laws 2014, ch. 40, § 10, makes the act 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. Approved March 6, 2014.

Repealing clauses. —

Section 7, ch. 22, Laws 1899, repealed all laws and parts of laws in conflict with that act.

§ 9-1-605. Approval of public securities and official bonds; water rights proceedings; investigation of misconduct of county official; report to governor; commencement of action.

1. The attorney general shall examine, pass upon and approve:
   1. Public securities before permanent funds of the state are invested in them;
   2. Official bonds executed by state officers.
2. Under the direction of the governor the attorney general shall institute and pursue proceedings to maintain the state’s and its citizens’ rights in the waters of interstate streams.
3. Upon representation to the governor of misconduct or malfeasance in office or the commission of a crime by any county officer in the state and if the governor believes the ends of justice demand or the matter will not be properly investigated and prosecuted by the sheriff and by the district attorney of the county, the governor may direct the attorney general to investigate the case.
4. Upon completion of the investigation, the attorney general shall report the results of the investigation and his recommendations to the governor. If the governor and the attorney general determine that the attorney general should institute a criminal or civil action, the attorney general shall commence the action. The attorney general shall have the authority and duty vested in district attorneys in this state.

History. Laws 1899, ch. 96, § 1; R.S. 1899, § 100; Laws 1907, ch. 19, § 2; C.S. 1910, §§ 143, 146; Laws 1911, ch. 43, § 1; C.S. 1920, §§ 152, 155, 156; R.S. 1931, §§ 109-606, 109-609, 109-610; C.S. 1945, §§ 18-907, 18-909, 18-910; W.S. 1957, §§ 9-127 to 9-129; Laws 1971, ch. 258, § 1; W.S. 1977, §§ 9-2-509 to 9-2-511; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3.

Cross references. —

As to interstate streams commission, see § 41-11-101 .

§ 9-1-606. “State official”; defense thereof in civil suit; reimbursement of state.

1. For the purposes of this section, “state official” means the head of any state agency or an elected state executive official.
2. When any state official is sued for an official act in a civil lawsuit not involving a tort action governed by W.S. 1-39-104 , the attorney general shall provide defense counsel from the attorney general’s office or by contracting with private counsel at state expense.
3. If the judgment in the lawsuit finds the state official was acting outside the scope of his employment, the state official shall reimburse the state for all expenditures made in his defense.
4. This section shall not be construed to limit the right or obligation of the state to defend any state employee.

History. Laws 1980, ch. 7, § 1; W.S. 1977, § 9-2-518; Laws 1982, ch. 62, § 3.

Law reviews. —

For comment, “Wyoming's Governmental Claims Act: Sovereign Immunity with Exceptions — A Statutory Analysis,” see 15 Land & Water L. Rev. 619 (1980).

§ 9-1-607. Deputy attorneys general; appointment; qualifications; term; duties; certificate of appointment and oath of office.

1. The attorney general may appoint two (2) deputies, one (1) for civil affairs and one (1) for criminal affairs. Each deputy shall be a member of the Wyoming bar in good standing and shall serve at the pleasure of the attorney general. Each deputy shall have the qualifications and perform the duties required by the attorney general.
2. When a deputy is appointed the attorney general shall file in the office of the secretary of state a certificate of appointment and the official oath of office of the deputy. The deputy shall not perform any official act until the certificate has been filed.

History. Laws 1905, ch. 51, § 2; C.S. 1910, § 148; C.S. 1920, § 158; R.S. 1931, § 109-612; C.S. 1945, § 18-912; Laws 1955, ch. 90, § 1; W.S. 1957, §§ 9-130, 9-131; Laws 1973, ch. 224, § 3; W.S. 1977, §§ 9-2-512, 9-2-513; Laws 1982, ch. 62, § 3.

Cross references. —

As to powers of deputies generally, see § 1-1-103 .

Effect of opinion published by deputy attorney general. —

The attorney general cannot escape the consequences or effect of an official published legal opinion issued from his office by a deputy attorney general without withdrawal or reversal of the opinion. Brimmer v. Thomson, 521 P.2d 574, 1974 Wyo. LEXIS 197 (Wyo. 1974).

§ 9-1-608. Assistant attorneys general.

1. With the approval of the governor, the attorney general may appoint assistant attorneys general necessary for the efficient operation of his office. Each assistant attorney general shall be a member in good standing of the Wyoming bar and shall serve at the pleasure of the attorney general. The assistants shall act under the direction of the attorney general and his deputies. The attorney general, his deputies or his assistants may appear in any courts of the state or the United States and prosecute or defend on behalf of the state. An appearance by the attorney general or his staff does not waive the sovereign immunity of the state.
2. With the approval of the governor the attorney general may appoint special assistant attorneys general for any purposes. A person shall not be employed as an attorney or legal counsel by any department, board, agency, commission or institution of the state, or represent the state in that capacity, except by the written appointment of the attorney general. Written appointment of the attorney general shall not be required for the employment of legal counsel by elected state officials.
3. At the request of any state department, board, agency, commission or institution, the attorney general may assign special assistant attorneys general to the department, board, agency, commission or institution.

History. Laws 1955, ch. 90, §§ 2 to 4; 1957, ch. 74, § 1; W.S. 1957, §§ 9-132 to 9-134; Laws 1973, ch. 224, § 2; ch. 245, § 3; W.S. 1977, §§ 9-2-514 to 9-2-516; Laws 1982, ch. 62, § 3; 2004, ch. 132, § 2.

The 2004 amendment, effective July 1, 2004, added the last sentence in (b).

Protection against abuse of state laws. —

Under the provisions of subsection (a), the attorney general has the power and duty to protect the state and its citizens against abuse of its laws. Zweifel v. State, 517 P.2d 493, 1974 Wyo. LEXIS 172 (Wyo. 1974).

Cited in

Williams v. Eaton, 443 F.2d 422, 1971 U.S. App. LEXIS 10184 (10th Cir. 1971).

§ 9-1-609. Salary of deputy attorneys general.

The deputy attorneys general shall receive an annual salary determined by the personnel division.

History. Laws 1955, ch. 90, § 5; 1957, ch. 157, § 12; W.S. 1957, § 9-136; Laws 1961, ch. 148, § 13; 1965, ch. 115, § 13; 1967, ch. 181, § 4; 1969, ch. 168, § 11; 1971, ch. 190, § 4; 1973, ch. 224, § 2; W.S. 1977, § 9-2-517; Laws 1982, ch. 62, § 3.

Cross references. —

For duties of human resources division, see § 9-2-1022 .

For constitutional provisions that all state, city, county, town and school officers (with certain exceptions) shall be paid fixed and definite salaries, see art. 14, § 1, Wyo. Const.

Repealing clauses. —

Section 6, ch. 90, Laws 1955, repealed all acts or parts of acts inconsistent with that act.

§ 9-1-610. Administrative and clerical personnel.

Subject to the rules of the personnel division, the attorney general may employ administrative and clerical personnel necessary for the efficient operation of his office.

History. Laws 1973, ch. 224, § 1; W.S. 1957, § 9-125.2; W.S. 1977, § 9-2-507; Laws 1982, ch. 62, § 3.

Cross references. —

As to promulgation of rules by human resources division, see § 9-2-1022 .

§ 9-1-611. Division of criminal investigation; created; definitions; director; appointment; qualifications.

1. The Wyoming division of criminal investigation is created within the office of the attorney general.
2. As used in this act:
   1. “Agent” means an agent of the division;
   2. “Director” means the director of the division;
   3. “Division” means the Wyoming division of criminal investigation;
   4. “This act” means W.S. 9-1-611 through 9-1-627 .
3. With the approval of the governor, the attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.
4. The director shall be a professional law enforcement officer, experienced in modern methods for the detection of crime and the apprehension of criminals. He shall possess the qualifications of an agent under W.S. 9-1-613 and shall have a thorough working knowledge of criminal law and the law of criminal procedure, including the law of arrest, search and seizure and interrogation of criminal suspects. The director shall possess other qualifications required by the attorney general.

History. Laws 1973, ch. 246, § 1; W.S. 1957, §§ 9-136.1 to 9-136.3; W.S. 1977, §§ 9-2-530 to 9-2-532; Laws 1982, ch. 62, § 3; 1986, ch. 32, § 1.

Discharge from division not protected by fifth amendment. —

Discharge from the division is not a hazard against which the fifth amendment incrimination clause provides protection. Johnston v. Herschler, 669 F.2d 617, 1982 U.S. App. LEXIS 22484 (10th Cir. Wyo. 1982).

Quoted in

Oyler v. State, 618 P.2d 1042, 1980 Wyo. LEXIS 316 (Wyo. 1980).

§ 9-1-612. Duties of director; deputy directors; appointment; duties; capitol security; security personnel requirements and powers.

1. The director shall supervise and direct all activities of the division. Subject to the written approval of the attorney general, the director shall prescribe rules and regulations not inconsistent with law to implement this act. The director is responsible to the attorney general for the operation of the division.
2. With the approval of the attorney general the director may appoint one (1) or more deputy directors who shall perform duties as assigned by the director.
3. Repealed by Laws 2001, ch. 45, § 2.

History. Laws 1973, ch. 246, § 1; W.S. 1957, §§ 9-136.4 to 9-136.6; W.S. 1977, §§ 9-2-533 to 9-2-535; Laws 1982, ch. 62, § 3; 1986, ch. 32, § 1; 1989, ch. 178, § 2; 1991, ch. 92, § 1; 1996, ch. 66, § 1; 1996, ch. 68, § 1; 2001, ch. 45, § 2.

Editor's notes. —

Laws 2001, ch. 45, § 3, transfers all personnel, equipment, and funding for the capitol police within the division of criminal investigation to the Wyoming highway patrol.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-1-611(a)(iv).

Applicability. —

Laws 1996, ch. 68, § 2, effective July 1, 1996, provides that the act applies to capitol police designated and appointed after July 1, 1996. The section further provides that the capitol police employed prior to July 1, 1996 may elect to contribute and receive service retirement benefits under the Wyoming state highway patrol, game and fish warden and criminal investigator retirement program in lieu of contribution under the Wyoming retirement system, provides for the transfer of contributions pursuant to this election, makes these electors subject to certain benefit provisions, provides for the determination by the actuary for the Wyoming retirement system of the financial and actuarial impact of participation in the Wyoming state highway patrol, game and fish warden and criminal investigator retirement program, and provides for payment for the actuary determination by the attorney general.

Quoted in

Oyler v. State, 618 P.2d 1042, 1980 Wyo. LEXIS 316 (Wyo. 1980).

Cited in

Marshall v. State ex rel. DOT, 941 P.2d 42, 1997 Wyo. LEXIS 93 (Wyo. 1997); Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999).

§ 9-1-613. Division agents; appointment; qualifications; continuing education; appointment of persons with specific skills.

1. The director shall appoint agents who are professional law enforcement officers of honesty, integrity and outstanding ability. Agents shall be adults and shall have at least five (5) years experience in law enforcement including the detection and investigation of criminal activities or shall possess the educational qualifications required by the director after consultation with and approval by the attorney general and the personnel division.
2. The director shall establish a system of continuing education and training to ensure that agents of the division are informed of developments in criminal investigative techniques, criminal law and the law of criminal procedure.
3. The director may employ persons possessing specific skills in the areas of forensic science, criminal identification and the gathering, processing, analysis and security of criminal intelligence.
4. The director may appoint as agents persons possessing specific skills in the area of criminal investigation.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.7; W.S. 1977, § 9-2-536; Laws 1982, ch. 62, § 3; 1986, ch. 32, § 1.

Cited in

Oyler v. State, 618 P.2d 1042, 1980 Wyo. LEXIS 316 (Wyo. 1980); Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999).

§ 9-1-614. Division agents; administrative and clerical employees.

Subject to the requirements of the personnel division, the director may employ administrative and clerical employees necessary for the efficient operation of the division.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.8; W.S. 1977, § 9-2-537; Laws 1982, ch. 62, § 3.

§ 9-1-615. Division agents; power and authority of agents.

Each agent of the division has the power and authority of any law enforcement officer in this state.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.9; W.S. 1977, § 9-2-538; Laws 1982, ch. 62, § 3.

Quoted in

Oyler v. State, 618 P.2d 1042, 1980 Wyo. LEXIS 316 (Wyo. 1980).

§ 9-1-616. Cooperation with other law enforcement agencies; concurrent jurisdiction.

1. The division shall cooperate with federal, state, tribal and local law enforcement agencies and officers for the efficient investigation of criminal activity and swift apprehension of persons suspected of violating the criminal laws of this state.
2. The division shall have concurrent jurisdiction and powers with, and shall not usurp or supersede the jurisdiction and powers of any other law enforcement agencies and officers in this state. However this limitation shall not apply to functions of the division described in W.S. 9-1-618(b).
3. The division, in accordance with the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109 , shall cooperate with similar agencies of other states and the federal government for the purpose of developing and carrying on a complete interstate, national and international system of criminal identification.

History. Laws 1973, ch. 246,§ 1; W.S. 1957, § 9-136.10; W.S. 1977, § 9-2-539; Laws 1982, ch. 62,§ 3; 1986, ch. 32, § 1; 1987, ch. 163, § 2; 2020 ch. 19, § 1, effective July 1, 2020.

The 2020 amendment , effective July 1, 2020, in (a), added “, tribal” following “federal, state.”

§ 9-1-617. Agents to be safeguarded as peace officers.

Any agent required to perform any official function under this act is entitled to the protections, defenses or immunities provided by law to safeguard a peace officer in the performance of official acts.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.11; W.S. 1977, § 9-2-540; Laws 1982, ch. 62, § 3; 1986, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-1-611(a)(iv).

§ 9-1-618. Agents to be safeguarded as peace officers; general assistance to state, county or local authorities; investigative duties.

1. With approval of the attorney general, the division may:
   1. Assist a state, county or local law enforcement authority which requests assistance in investigating and detecting crime and in enforcing the criminal laws of the state;
   2. Assist in the preparation and prosecution of any criminal case when assistance is requested by a county or district attorney.
2. The division shall investigate:
   1. Suspected criminal activity when directed by the governor to do so;
   2. Suspected violations of the Wyoming Controlled Substances Act of 1971 and shall perform all the duties of a law enforcement officer under that act;
   3. Organized crime which crosses jurisdictional boundaries of local law enforcement agencies;
   4. Suspected violations of computer crimes as specified in W.S. 6-3-501 through 6-3-507 ;
   5. Suspected violations involving the sexual exploitation of children as specified in W.S. 6-4-303 .

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.12; W.S. 1977, § 9-2-541; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 2002 Sp. Sess., ch. 59, § 1; 2004, ch. 130, § 1; 2017 ch. 22, § 2, effective July 1, 2017.

The 2004 amendment, in (b)(ii), inserted “shall” following “Controlled Substances Act of 1971 and.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2017 amendment , effective July 1, 2017, in (b)(iv), substituted “6-3-507” for “6-3-505.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 9-1-619. Agents to be safeguarded as peace officers; duty of sheriffs and police to receive and detain prisoners.

Any sheriff, chief of police or other person having charge of a jail or other place of detention shall receive any prisoner arrested by agents of the division within the jurisdiction served by the jail or place of detention and shall detain the person in custody in the same manner as if he were arrested by a peace officer within the jurisdiction.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.13; W.S. 1977, § 9-2-542; Laws 1982, ch. 62, § 3.

§ 9-1-620. Agents to be safeguarded as peace officers; agents' credentials; accepting rewards prohibited; oath; political participation prohibited.

1. The attorney general shall issue proper credentials to each agent of the division.
2. An agent or employee of the division shall not accept a reward offered for the apprehension or conviction of any person or for the recovery of any property.
3. Each agent of the division shall subscribe to the oath or affirmation required of other public officials.
4. An agent or employee of the division shall not participate in partisan, state or local politics.

History. Laws 1973, ch. 246, § 1; W.S. 1957, §§ 9-136.14 to 9-136.17; W.S. 1977, §§ 9-2-543 to 9-2-546; Laws 1982, ch. 62, § 3.

§§ 9-1-621 and 9-1-622. [Repealed.]

Repealed by Laws 1986, ch. 32, § 2.

Cross references. —

As to Wyoming division of criminal investigation, see §§ 9-1-611 through 9-1-627 .

Editor's notes. —

These sections, which derived from Laws 1973, ch. 246, § 1, related to the creation, director, rules and regulations, and employees of the criminal identification division.

§ 9-1-623. Division of criminal investigation; identification systems; information recorded; persons included; systematic maintenance and indexing.

1. The division shall establish and maintain complete systems for the identification of criminals which comply with modern and accepted methods in the field of criminal identification. The division, in accordance with the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109 , shall obtain, file and preserve for record plates, photographs, outline pictures, fingerprints, measurements, descriptions, modus operandi statements and other information relating to persons who have been:
   1. Convicted of or arrested for any felony;
   2. Convicted of or arrested for a high misdemeanor or other misdemeanor determined by the division;
   3. Convicted of violating any of the military, naval or criminal laws of the United States; or
   4. Convicted of a crime in any other state, country, district or province which, if committed within this state, would be a felony.
2. All information kept by the division shall be maintained, recorded and indexed in a systematic manner for the purpose of providing a convenient and expeditious method of consultation and comparison.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.23; W.S. 1977, § 9-2-564; Laws 1982, ch. 62, § 3; 1987, ch. 163, § 2.

§ 9-1-624. Division of criminal investigation; uniform procedures and forms for collecting and disseminating identification data; missing persons repository; annual crime statistics report; agencies to cooperate.

1. The division shall:
   1. Establish uniform procedures and forms for collecting and disseminating criminal identification data;
   2. Assist law enforcement agencies in establishing and implementing uniform procedures;
   3. Cooperate with the law enforcement academy to provide to law enforcement agencies and their personnel training, assistance and instruction in the gathering and dissemination of criminal identification data;
   4. Provide a system for communicating criminal identification data among law enforcement agencies in and outside the state.
   5. Act as a central repository of information and operate a clearinghouse database on missing persons from Wyoming. As a function of the central repository:
      1. The division shall prepare and make publicly available an annual report on information compiled from the missing person clearinghouse. The report shall include biographical information collected on missing persons and include information submitted by federal, state, tribal and local law enforcement agencies located in Wyoming;
      2. The division may make publicly available information about ongoing missing person investigations to aid the efficient investigation and swift recovery of missing persons or when otherwise in the public interest.
   6. At least annually, compile a report on Wyoming crime statistics and make the report publicly available. The report shall include crime statistics submitted by federal, state, tribal and local law enforcement agencies in addition to the information received pursuant to W.S. 7-19-407 and 7-20-107 .
2. All law enforcement agencies within the state shall cooperate with the division in establishing and maintaining an efficient and coordinated system of identification and in reporting missing persons information to the division.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.24; W.S. 1977, § 9-2-565; Laws 1982, ch. 62, § 3; 2020 ch. 19, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, added (a)(v) and (a)(vi); in (b), added “and in reporting missing persons information to the division” at the end.

§ 9-1-625. Division of criminal investigation; adult arrestees to be processed accordingly; data on persons in state custodial institutions; minors.

1. When an adult is arrested for a felony, high misdemeanor or other misdemeanor determined by the division, the law enforcement agency responsible for the arrest shall process the person in accordance with the uniform procedures prescribed by the division. The law enforcement agency shall send to the division any information required under the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109 , and any additional information requested by the division. An agency making arrests covered by this section may enter into arrangements with other agencies for the purpose of furnishing required information to the division on its behalf.
2. The administrators of state penal institutions and the superintendents of the Wyoming boys’ school and the Wyoming girls’ school shall furnish to the division, in the manner and according to the methods prescribed by the division, photographs, fingerprints, modus operandi statements and other required identification of all persons confined in the respective institutions together with any information required under the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109 .
3. No minor shall be photographed or fingerprinted except in accordance with the Juvenile Justice Act.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.25; W.S. 1977, § 9-2-566; Laws 1982, ch. 62, § 3; 1987, ch. 163, § 2; 1992, ch. 25, § 3; 2019 ch. 186, § 1, effective July 1, 2019.

Cross references. —

As to state penitentiary generally, see §§ 25-2-101 and 25-2-102 .

As to the Wyoming women's center, see § 25-2-103 .

As to the Wyoming boys' school, see §§ 25-3-101 to 25-3-106 .

As to the Wyoming girls' school, see §§ 25-4-101 to 25-4-103 .

As to the Training School Act of 1981, see §§ 25-5-101 to 25-5-134 .

The 2019 amendment, effective July 1, 2019, in (c), substituted “Juvenile Justice Act” for “Juvenile Court Act.”

Juvenile Court Act. —

Laws 1971, ch. 255, § 1, codified as § 14-8-101 , provided that §§ 1 through 44 of the act would be cited as the Juvenile Court Act of 1971. Section 14-8-101 was omitted by the 1978 revision of title 14. Present provisions corresponding to former §§ 14-8-102 through 14-8-144 appear at §§ 14-6-201 through 14-6-243 .

Am. Jur. 2d, ALR and C.J.S. references. —

Treatment, under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of juvenile alleged to have violated law of 137 ALR Fed 481.

§ 9-1-626. [Repealed.]

Repealed by Laws 1986, ch. 32, § 2.

Cross references. —

As to cooperation of division with similar agencies, see § 9-1-616(c).

Editor's notes. —

This section, which derived from Laws 1973, ch. 246, § 1, related to cooperation of criminal identification division with agencies in other jurisdictions.

§ 9-1-627. Authority to compile, disseminate and exchange information; immunity; access to information limited; security precautions.

1. Any law enforcement officer, the attorney general and his deputies and assistants, and any prosecuting attorney may:
   1. Take fingerprints, photographs and other information relating to criminal identification;
   2. Compile reports or other documents in writing containing criminal intelligence information, including statements taken from police informants and reports based on the investigation and surveillance of suspected criminal activity;
   3. Disseminate and exchange criminal identification data and criminal intelligence information among themselves and among law enforcement agencies of other states, tribes or of the federal government.
2. A person authorized under this section to disseminate or exchange information is not civilly or criminally liable for contributing or for disseminating to authorized persons criminal identification data or criminal intelligence information.
3. Access to criminal identification and intelligence information is available to law enforcement agencies, the state board of parole and department of corrections as provided by W.S. 7-13-401 through 7-13-411 , any agency designated for the purpose provided by W.S. 14-6-227 and the department of family services. Each agency which has that information shall take reasonable security precautions to prevent unauthorized persons from gaining access to it in accordance with rules and procedures established by the division. The rules and procedures may be varied between agencies, depending upon the division’s determination of the agency’s use of the criminal identification and intelligence information and the adequacy of the agency’s security of the information provided by the division under this section.
4. Access to criminal history record information is available to the Wyoming gaming commission as provided for by law. The commission shall take reasonable security precautions to prevent unauthorized persons from gaining access to criminal history record information in accordance with rules and regulations established by the Wyoming division of criminal investigation. For the purpose of this subsection “criminal history record information” means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files of statistical records and reports in which individual identities are not ascertainable.

History. Laws 1973, ch. 246, § 1; W.S. 1957, § 9-136.27; W.S. 1977, § 9-2-568; Laws 1982, ch. 62, § 3; 1986, Sp. Sess., ch. 1, § 1; 1987, ch. 28, § 1; ch. 157, § 2; ch. 163, § 2; 1991, ch. 161, § 3; 1992, ch. 25, § 3; 2006, ch. 26, § 1; 2020 ch. 19, § 1, effective July 1, 2020; 2020 ch. 114, § 2, effective March 17, 2020.

The 2006 amendment, effective July 1, 2006, substituted “11-25-104(k)” for “11-25-104(j)” in (d).

The 2020 amendments. — The first 2020 amendment, by ch. 19, § 1, effective July 1, 2020, in (a)(iii), added “, tribes” following “agencies of other states.”

The second 2020 amendment, by ch. 114, § 2, in (d) substituted “Wyoming gaming commission” for “Wyoming pari-mutuel commission” and “provided for by law” for “provided by W.S. 11-25-104(k).”

Laws 2020, ch. 114, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2020.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Editor’s notes. —

Laws 2022, Ch. 48, §§ 1 and 2, state as follows:

“Section 1.

“(a) The legislature finds that:

“(i) As a result of the 2021 General Session of the Wyoming Legislature, 2021 Wyoming Session Laws, Chapter 109 (original 2021 Senate File 56) (‘2021 Act’) became law. The 2021 Act intended to repeal Section 1 of 2020 Wyoming Session Laws, Chapter 114 (original 2020 House Bill 171) (‘2020 Act’) and to codify and otherwise address all issues contained in Section 1 of the 2020 Act;

“(ii) The 2021 Act was not intended to repeal the 2020 Act in its entirety. However, due to a scrivener's error, the 2021 Act omitted a reference to ‘Section 1’ in Section 6, the ‘repealer section’ and instead stated, ‘2020 Wyoming Sessions Laws, Chapter 114 is repealed[;]’;

“(iii) Repeal of the entire 2020 Act was not intended by the legislature in the 2021 Act;

“(iv) The legislature finds it necessary to clarify its intent and to enact into law appropriate legislation, as contained in this act.

“Section 2. 2021 Wyoming Session Laws, Chapter 109, Section 6 is amended to read:

“Section 6. 2020 Wyoming Session Laws, Chapter 114, Section 1 is repealed.”

Am. Jur. 2d, ALR and C.J.S. references. —

Accused's right to discovery or inspection of “rap sheets” or similar police records about prosecution witnesses, 95 ALR3d 832.

§§ 9-1-628 through 9-1-631. [Repealed.]

Repealed by Laws 1986, ch. 32, § 2.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 246, § 1, related to cooperation of criminal identification division with other state agencies, advisory council to criminal identification division, and planning committee on criminal administration.

§ 9-1-632. Wyoming law enforcement academy; created; location.

1. The Wyoming law enforcement academy is created under the office of the attorney general.
2. The academy shall be located in Douglas, Wyoming.

History. Laws 1981, ch. 88, § 1; W.S. 1977, § 9-2-598; Laws 1982, ch. 62, § 3.

§ 9-1-633. Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.

1. A director of the Wyoming law enforcement academy shall be appointed by the attorney general with the consent of the governor. The director shall serve at the pleasure of the attorney general. He shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the attorney general.
2. The director may employ assistants, instructors and other personnel as approved by the attorney general with the consent of the governor. The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9-1-701 through 9-1-707 . The director may appoint full-time staff instructors who qualify pursuant to W.S. 9-1-701 through 9-1-707 to perform as peace officers. Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:
   1. When on law enforcement academy property;
   2. When providing security for state personnel or at designated state events or activities;
   3. When providing security for designated individuals on or about state property; or
   4. While acting pursuant to W.S. 7-2-106 .
3. The director and staff shall receive salaries fixed by the Wyoming personnel division, department of administration and information.
4. The academy shall provide education in law enforcement related areas to Wyoming peace officers. The attorney general shall be assisted by, and shall have the curriculum and training programs at the academy evaluated by the Wyoming peace officer standards and training commission.
5. The director shall charge and collect a fee of at least fifteen dollars ($15.00) per student per day for advanced courses which exceed the basic statutory requirements. The director shall waive the fees for the division of criminal investigation and may waive the fees for offices, departments or agencies which allow their officers to instruct at the academy at no charge.
6. The director shall charge and collect a fee sufficient to cover actual direct and indirect costs of coroner basic courses. The fee shall be at least three hundred dollars ($300.00) per student attending the coroner basic courses.
7. The director may allow the use of academy facilities by governmental agencies other than law enforcement and shall charge a fee based on actual direct and indirect costs for that use.
8. No fees shall be charged for:
   1. Peace officer basic courses;
   2. Detention officer basic courses;
   3. Repealed by Laws 1999, ch. 148, § 2.
9. To the extent space is available and under policies established by the director and approved by the attorney general, the academy may permit persons other than peace officers to attend training courses it offers and to charge a fee to recover, at a minimum, the cost of the training and all services provided in conjunction therewith. Prior to admittance a person shall meet all requirements of W.S. 9-1-704(b)(i) through (viii) providing for any background investigation and examinations at the cost of the applicant.
10. Repealed by Laws 2003, ch. 120, § 3.
11. The director shall establish an outreach training services program whereby certain updates, specialized or advanced training courses may be provided locally. The director may seek assistance from the appropriate entities in determining the amount and the specific courses to be offered under the program. The director shall charge and collect a fee to cover the development, delivery and material costs of the training offered by the program.
12. Revenues received pursuant to subsections (e), (f), (g), (j) and (m) of this section and W.S. 9-1-635 and 31-5-1201(h) shall be credited to an account in the enterprise fund and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services for which the revenues are generated.
13. As used in this section “full-time staff instructor” means an instructor employed at the academy who works on a yearly basis, with a normal work week of thirty-two (32) or more hours.

History. Laws 1981, ch. 88, § 1; W.S. 1977, § 9-2-599; Laws 1982, ch. 62, § 3; 1989, ch. 170, § 1; 1991, ch. 192, § 1; 1992, ch. 29, § 1; 1994, ch. 15, § 307; 1996, ch. 1, § 309; 1997, ch. 31, § 2; 1998, ch. 30, § 312; 1999, ch. 31, § 1; ch. 148, §§ 1, 2; 2003, ch. 118, § 1; ch. 120, §§ 2, 3; 2004, ch. 45, § 1; 2018 ch. 117, § 1, effective July 1, 2018.

The 2004 amendment rewrote (b)(iv), which formerly read: “While responding to requests to assist other peace officers performing their official duties.”

Laws 2004, ch. 45, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2004.

The 2018 amendment, effective July 1, 2018, in (n), inserted “and 31-5-1201(h)” following “W.S. 9-1-635 ” and substituted “for which the revenues are generated” for “generating the revenues” at the end.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

§ 9-1-634. Academy to provide coroner training; certification of completion.

1. The director of the Wyoming law enforcement academy shall provide at the academy or other location within the state a basic coroner’s course of at least forty (40) hours. The course shall comply with standards promulgated by the peace officers standards and training commission and the board of coroner standards.
2. The executive director of the peace officers standards and training commission shall issue an appropriate certificate of completion to any coroner or deputy coroner who completes a coroner training course offered by the academy or which the board of coroner standards has certified as meeting board standards.

History. Laws 1985, ch. 212, § 1; 1987, ch. 152, § 1; 1990, ch. 10, § 1; ch. 70, § 1; 2006, ch. 53, § 1.

Cross references. —

As to executive director of peace officer standards and training commission, see § 9-1-703 .

As to board of coroner standards, see § 7-4-211 .

The 2006 amendment, effective July 1, 2006, in (a), substituted “shall” for “may” and inserted “at least.”

§ 9-1-635. Dispatcher training course; certificate upon completion; fees.

1. The director of the Wyoming law enforcement academy or other training agency may provide at the academy or other location within the state a basic dispatcher course. The course shall comply with standards promulgated by the peace officers standards and training commission.
2. The director of the Wyoming law enforcement academy or other training agency shall issue an appropriate certificate of course completion to any dispatcher who completes the required training.
3. Fees charged for dispatcher courses held at the Wyoming law enforcement academy shall be the same as those charged for peace officer courses.

History. Laws 1991, ch. 109, § 1.

§ 9-1-636. Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions.

1. The division of victim services is created within the office of the attorney general.
2. With the approval of the governor, the attorney general shall appoint a director who is the chief administrative officer of the division. The director is responsible to the attorney general for the operation of the division and shall serve at the pleasure of the attorney general.
3. With the consent of the attorney general and the governor, and subject to legislative appropriation, the director may:
   1. Appoint a deputy director who shall serve at the pleasure of the attorney general and shall perform duties as assigned by the director;
   2. Employ administrative and other specialized personnel necessary to carry out the functions of the division.
4. As used in this act:
   1. “Board” means the victim services division advisory board;
   2. “Crisis intervention services for victims of family violence and sexual assault” means emergency intervention, information, referral services and medical, legal and social services advocacy;
   3. “Director” means the director of the division;
   4. “Division” means the victim services division within the office of the attorney general;
   5. “Domestic abuse” means as defined by W.S. 35-21-102(a)(iii);
   6. “Household member” means as defined by W.S. 35-21-102(a)(iv);
      1. through (G) Repealed by Laws 2003, ch. 173, § 2.
   7. “Sexual assault” means any act made criminal under W.S. 6-2-302 through 6-2-304 , 6-2-314 through 6-2-317 and 6-4-402 ;
   8. “Shelter services” means temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic and family violence and sexual assault and their children;
   9. “This act” means W.S. 9-1-636 through 9-1-638 .

History. Laws 1998, ch. 81, § 1; 2003, ch. 173, §§ 1, 2; 2007, ch. 159, § 2.

The 2007 amendment, effective July 1, 2007, in (d)(vii), inserted “6-2-314 through 6-2-317 and,” and deleted “and 14-3-105 ” at the end of the sentence.

§ 9-1-637. Division of victim services; duties of director.

1. The director shall:
   1. Supervise and direct all activities of the division;
   2. Report to the attorney general regarding all functions of the division;
   3. Serve as the state’s representative on local, state and national organizations dealing with victim services;
   4. Serve as the state’s liaison with local governmental entities and community service providers to facilitate cooperative efforts to provide victim services;
   5. Consult and cooperate with other departments and agencies involved in victim services;
   6. Provide public information and education concerning issues relating to victims;
   7. Receive and take appropriate action to resolve complaints regarding violations of rights afforded to victims under the Victims Bill of Rights, W.S. 1-40-201 through 1-40-210 .

History. Laws 1998, ch. 81, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-1-638. Division of victim services; duties and responsibilities.

1. The division of victim services shall:
   1. Administer a comprehensive statewide plan that provides victim services including, but not limited to, a state program of shelter services for victims of domestic abuse and sexual assault;
   2. Provide services for victims of crime consistent with current federal funding levels and surcharge funds;
   3. Review and evaluate all programs receiving appropriated funds;
   4. Coordinate and provide training, grant application assistance and other support for community based programs and services for victims;
   5. Establish minimum program standards and uniform reporting procedures for community based services and programs for victims supported by state funds and state administered federal funds, including a requirement that each provider of community based services and programs submit an annual unduplicated count of the number of victims it served in accordance with rules and regulations promulgated by the division;
   6. Enter into contracts for victim services with public or private agencies. The division shall not contract with any entity that is not in substantial compliance with the standards and guidelines promulgated by the division. On all contracts that have not been entered into by competitive bidding, the director shall record on the contract why competitive bidding was not considered;
   7. Subject to the approval of the attorney general, promulgate rules and regulations necessary to implement the duties and responsibilities assigned to the division.
   8. Review division of criminal investigation reports from the missing person clearinghouse, as provided in W.S. 9-1-624(a)(v), and coordinate with members of the judiciary, prosecutors, defense counsel, law enforcement and others to provide training on crimes related to missing and murdered persons in the state of Wyoming, including Indian missing and murdered persons.

History. Laws 1998, ch. 81, § 1; 1999, ch. 136, § 1; 2009, ch. 194, § 1; 2012, ch. 31, § 1; 2020 ch. 19, § 1, effective July 1, 2020.

The 2009 amendment, added “including a requirement that such community based services and providers submit an annual unduplicated count of the number of victims served in accordance with rules and regulations promulgated by the division.”

Laws 2009 ch. 194, § 2, makes the act 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. Approved March 12, 2009.

The 2012 amendment, in (a)(v), substituted “each provider of” for “such,” substituted “programs” for “providers” before “submit an annual,” and added “it” after “number of victims.”

Laws 2012, ch. 31, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The 2020 amendment, effective July 1, 2020, added (a)(viii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-1-639. Attorney general; funds accounting; reporting requirements.

1. There is created a separate account which the attorney general shall use to account for:
   1. Monies the attorney general administers as trustee pursuant to law or agreement which restricts the use of the money to a specified purpose; and
   2. Monies which the attorney general holds and disburses as an agent or attorney in fact, which shall include but not be limited to class action litigation recoveries that are to be distributed to any person or business organization, local government pass-through monies, and contingent fee contracts to be distributed to contract attorneys.
2. All recoveries, including consumer protection recoveries and class action recoveries, where the attorney general is not designated as the administrator, the trustee or the agent for distribution purposes, shall be deposited into the general fund after deducting litigation costs reimbursed to the attorney general. For purposes of this subsection “litigation costs” shall include expert witness fees, filing fees, reporter costs, other witness fees and costs associated with depositions and discovery.
3. Monies deposited to the account under subsection (a) of this section may be expended in accordance with W.S. 9-2-1005(b)(ii).
4. Monies deposited into the account under subsection (a) of this section and not otherwise expended under subsection (c) of this section may be expended by the attorney general in accordance with the purposes for which the monies were received. Monies received by the attorney general for reimbursement of litigation expenses under subsection (b) of this section are continuously appropriated to the attorney general to be expended for the costs of providing the litigation services rendered to collect the recovered monies.
5. Not later than November 1 of each year, the attorney general shall report to the joint appropriations interim committee on the expenditure of monies received pursuant to this section, W.S. 9-1-633 , 9-1-635 , 9-1-702 and 9-2-1005 . The report shall include an account of the monies in the accounts created in this section for the last fiscal year.

History. Laws 2003, ch. 120, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, substituted “a separate account” for “an account within the trust and agency fund” in (a); substituted “account” for “trust and agency fund” in (c) and (d); and substituted “accounts created in this section” for “trust and agency account and the enterprise account” in (e).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 9-1-640. Administrative subpoena authority for investigations of child exploitation.

1. In any investigation relating to a state offense involving sexual exploitation of children under W.S. 6-4-303 , and upon reasonable cause to believe that an Internet service account has been used in the exploitation or attempted exploitation of children, the attorney general or his chief deputy may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (b) of this section.
2. Except as provided in subsection (c) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including:
   1. Electronic mail address;
   2. Internet username;
   3. Internet protocol address;
   4. Name of account holder;
   5. Billing and service address;
   6. Telephone number;
   7. Account status;
   8. Method of access to the Internet;
   9. Automatic number identification records if access is by modem.
3. The provider of electronic communication service or remote computing service shall not disclose the following except pursuant to a warrant:
   1. In-transit electronic communications;
   2. Account memberships related to Internet groups, newsgroups, mailing lists or specific areas of interest;
   3. Account passwords;
   4. Account content to include:
      1. Electronic mail in any form;
      2. Address books or contact/“buddy” lists;
      3. Financial records;
      4. Internet proxy content or “Web surfing” history;
      5. Files or other digital documents stored within the account or pursuant to use of the account.
4. At any time before the return date specified on the subpoena, the person summoned may, in the district court in which the person resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a court.
5. A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.
6. If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general shall either destroy the records and documentation or return them to the person who produced them.
7. A subpoena issued under this section may be served by any person who is at least eighteen (18) years of age and who is designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under the common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena together with a true copy thereof shall be proof of service.
8. The attorney general shall annually report the following information to the joint judiciary interim committee no later than February 1 for the preceding calendar year:
   1. The number of requests for administrative subpoenas made under this section;
   2. The number of administrative subpoenas issued under this section;
   3. The number of administrative subpoenas issued under this section that were contested;
   4. The number of administrative subpoenas issued under this section that were suppressed;
   5. The number of search warrants that were issued as a consequence of the issuance of an administrative subpoena under this section;
   6. The number of individuals who were prosecuted under W.S. 6-4-303 following the issuance of an administrative subpoena under this section.
9. Except as provided in subsection (h) of this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.

History. Laws 2005, ch. 66, § 1.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Effective dates. —

Laws 2005, ch. 66, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 18, 2005.

§ 9-1-701. Definitions.

1. As used in this act:
   1. “Commission” means the peace officer standards and training commission;
   2. “County” means any county which has a law enforcement unit in its jurisdiction;
   3. “Detention officer” means a person who is employed by a county or municipality on a full-time basis to care for, supervise and control persons detained in a jail or holding facility;
   4. “Director” means the executive director of the commission;
   5. “Immediate family member” means a spouse, child or parent;
   6. “Law enforcement unit” means a public agency having police power and charged with enforcing state criminal statutes or municipal ordinances;
   7. “Municipality” means an incorporated city or town which has a law enforcement unit in its jurisdiction;
   8. “Part-time or reserve peace officer” means any person having peace officer authority acting less than full time in the service of any county, municipality or state agency, whether compensated or not;
   9. “Peace officer” means a person as defined by W.S. 7-2-101 ;
   10. “Peace officer training” means an approved school or local peace officer training program authorized by the commission to train peace officers;
   11. “Permanent basis” means employed full time as a peace officer;
   12. “This act” means W.S. 9-1-701 through 9-1-711 ;
   13. “Dispatcher” means a person who is employed by a state, county or municipal law enforcement agency, fire service or licensed ambulance service on a full or part-time basis, to answer and dispatch calls for emergency and nonemergency situations via designated law enforcement and emergency telecommunications equipment;
   14. “Certified correctional officer” means a person who is employed by the Wyoming department of corrections on a full-time basis to care for, supervise, control and maintain custody of persons confined in Wyoming department of corrections institutions and who has completed all requirements for certification as a correctional officer under this act;
   15. “Correctional officer” means a person who is employed by the Wyoming department of corrections on a full-time basis to care for, supervise and maintain custody of persons confined in Wyoming department of corrections institutions;
   16. “Correctional officer training” means an approved Wyoming department of corrections preservice academy or other correctional officer training program authorized by the commission to train correctional officers for the state;
   17. “Part-time correctional officer” means a person is employed by the Wyoming department of corrections on a part-time basis to care for, supervise and maintain custody of persons confined in Wyoming department of corrections institutions.

History. Laws 1971, ch. 178, § 1; W.S. 1957, § 9-276.18:42; Laws 1975, ch. 189, § 1; W.S. 1977, § 9-3-1901; Laws 1982, ch. 62, § 3; 1989, ch. 142, § 1; 1991, ch. 109, § 2; 2001, ch. 180, § 2; 2005, ch. 176, § 2; 2021 ch. 149, § 1, effective July 1, 2021.

The 2005 amendment, effective July 1, 2005, added (a)(xiv) through (a)(xvii).

The 2021 amendment, effective July 1, 2021, substituted "9-1-711" for "9-1-709" in (a)(xii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Game and fish personnel serving as bear management officers were not performing the functions of a “peace officer” and thus the officers' alleged negligence in monitoring a grizzly bear who mauled a hunter did not give rise to liability under § 1-39-112 .Peterson v. Wyoming Game And Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999).

Quoted in

Hurst v. State, 698 P.2d 1130, 1985 Wyo. LEXIS 468 (Wyo. 1985).

Cited in

EEOC v. Wyoming, 514 F. Supp. 595, 1981 U.S. Dist. LEXIS 12203 (D. Wyo. 1981); Vigil v. Ruettgers, 887 P.2d 521, 1994 Wyo. LEXIS 167 (Wyo. 1994).

§ 9-1-702. Created; membership; removal; compensation; meetings; publication of procedures; standards for certified training; powers and duties.

1. The peace officer standards and training commission is created. It shall be composed of the attorney general and the following six (6) members who shall be appointed by the governor for a term of three (3) years commencing July 1, 1991, who may be reappointed to subsequent terms and who may be removed by the governor as provided by W.S. 9-1-202 :
   1. One (1) representative of a municipal law enforcement agency;
   2. One (1) representative of a county law enforcement agency;
   3. One (1) representative of a state law enforcement agency;
   4. One (1) person who is actively engaged in law enforcement training; and
   5. Two (2) persons at large.
2. Members of the commission shall receive no compensation, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for travel and per diem expenses incurred in the performance of their duties.
3. The commission shall hold at least two (2) meetings per year.
4. With the approval of the governor, the commission shall establish and publish its procedures.
5. The commission shall establish standards for certification of peace officer training. The commission shall establish:
   1. Requirements concerning courses of study, attendance, equipment and facilities for peace officer training;
   2. Qualifications for peace officer training instructors;
   3. Basic training requirements for peace officers appointed on a permanent basis;
   4. Basic training requirements for part-time or reserve peace officers;
   5. Basic training requirements for detention officers;
   6. Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to the categories or classifications.
6. The commission shall:
   1. Recommend to the director studies, surveys and reports regarding the purposes of this act;
   2. Visit and inspect any peace officer training program at any appropriate time;
   3. Adopt reasonable rules and regulations pursuant to the Wyoming Administrative Procedure Act;
   4. Prescribe reasonable minimum qualifications relating solely to physical, mental and moral fitness for persons recruited, appointed or retained as peace officers or dispatchers by the state or a political subdivision;
   5. Grant, suspend or revoke certification of peace officers or dispatchers for substantial failure to comply with this act or the rules of the commission, subject to the contested case procedures of the Wyoming Administrative Procedure Act.
7. The commission shall establish course requirements and continuing education requirements for coroner training.
8. The commission shall establish course requirements and continuing education requirements for public safety dispatcher training.
9. The commission may establish examination and certification fees for administering its duties under this article in accordance with W.S. 33-1-201 . Revenues received pursuant to this subsection shall be credited to a separate account and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services generating the revenues.
10. The commission shall adopt rules and regulations to:
    1. Establish course requirements and continuing education requirements for correctional officer training; and
    2. Establish procedures and criteria for the issuance, denial, renewal, suspension and revocation of correctional officer certification. Grounds for denial, suspension or revocation of certification shall include the substantial failure to comply with this act or the rules of the commission. Proceedings regarding a denial, suspension or revocation of certification shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.

History. Laws 1971, ch. 178, § 2; W.S. 1957, § 9-276.18:43; Laws 1973, ch. 215, § 1; W.S. 1977, § 9-3-1902; Laws 1982, ch. 62, § 3; 1985, ch. 212, § 3; 1987, ch. 175, § 1; 1989, ch. 142, § 1; 1991, ch. 60, § 1; ch. 109, § 1; 2003, ch. 120, § 2; 2005, ch. 176, § 2; ch. 231, § 1; 2007, ch. 131, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 176, § 2, effective July 1, 2005, added (k).

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, substituted “a separate account” for “an account in the enterprise fund” in (j).

See the conflicting legislation note. This section is set out incorporating amendments made by both 2005 acts.

The 2007 amendments. —

effective February 27, 2007, in (f)(iv) inserted “or dispatchers” preceding “as peace officers”; in (f)(v) inserted “or dispatchers” following “of peace officers.”

Laws 2007, ch. 131, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 27, 2007.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-1-701(a)(xii).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Quoted in

Graham v. Wyoming Peace Officer Stds. & Training Comm'n, 737 P.2d 1060, 1987 Wyo. LEXIS 458 (Wyo. 1987).

§ 9-1-703. Director; appointment; term; powers and duties.

1. The director of the commission shall be appointed by the commission with the approval of the governor. The director shall hold office at the pleasure of the commission and with the concurrence of the governor. He shall perform the functions and duties assigned to him by the chairman of the commission.
2. With the approval of the commission, the director may:
   1. Appoint officers, employees, agents and consultants and prescribe their duties;
   2. Inspect and approve peace officer and correctional officer training academies, issue certificates of approval to academies and revoke approval or certificates;
   3. Certify as qualified instructors at approved peace officer and correctional officer training academies and issue appropriate certificates to instructors;
   4. Certify peace officers, correctional officers and dispatchers who have satisfactorily completed the basic training programs as outlined in this act and issue appropriate certificates to peace officers, correctional officers and dispatchers;
   5. Cause surveys to be made relating to the establishment and operation of peace officer and correctional officer training academies;
   6. Consult and cooperate with peace officer and correctional officer training academies for the development of the basic and advanced training programs for peace officers;
   7. Consult and cooperate with universities, colleges, junior colleges and other institutions for the development of specialized courses of study in the state for peace officers in the areas of police science, police administration and the social sciences and other related areas;
   8. Consult and cooperate with other departments and agencies concerned with peace officer and correctional officer training;
   9. Report to the commission at regular meetings of the commission and at other times as required and recommend denial, suspension or revocation of certification of a peace officer, correctional officer or dispatcher to the commission as deemed necessary;
   10. Consult and cooperate with universities, colleges, junior colleges and other institutions for the development of specialized courses of study in the state for correctional officers in the areas of inmate management, group dynamics, correctional facility operations, the social sciences and other related areas.

History. Laws 1971, ch. 178, § 3; W.S. 1957, § 9-276.18:44; W.S. 1977, § 9-3-1903; Laws 1982, ch. 62, § 3; 1991, ch. 60, § 1; 2005, ch. 176, § 2; 2007, ch. 131, § 1.

The 2005 amendment, effective July 1, 2005, inserted “and correctional officer” or a variant throughout (b), and added (b)(x).

The 2007 amendment inserted references to dispatchers in (b)(iv) and (b)(ix) and made related stylistic changes.

Laws 2007, ch. 131, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 27, 2007.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-1-701(a)(xii).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of supervisory officials and governmental entities for having failed to adequately train, supervise, or control individual peace officers who violate plaintiff's civil rights under 42 USC § 1983, 70 ALR Fed 17.

§ 9-1-704. Qualifications for employment as a peace officer; loss of certification for felony conviction; termination from employment.

1. Within fifteen (15) days after the appointment, termination, resignation or death of any peace officer or dispatcher, written notice thereof shall be given to the commission by the employing agency.
2. No county, sheriff, mayor, municipality, state agency or any other person authorized by law to appoint peace officers in this state shall appoint any person as a peace officer who does not meet the following qualifications. The person shall:
   1. Be a United States citizen;
   2. Be an adult;
   3. Be fingerprinted. Local, state and national fingerprint files shall be searched to determine if the applicant has a criminal record;
   4. Not have been convicted of a crime for which he could have been imprisoned in a federal penitentiary or state prison;
   5. Hold a high school diploma or evidence of an equivalent achievement;
   6. Have good moral character as determined by a background investigation. The hiring agency shall complete a background investigation as defined by the commission of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer;
   7. Be free of any physical, emotional or mental conditions which might adversely affect his performance of duty as a peace officer. Physical condition shall be evaluated by a person licensed to practice medicine. Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;
   8. Pass an oral interview examination by the hiring agency.
3. Notwithstanding any general, specific or local law or charter to the contrary, no person shall receive an original appointment on a permanent basis or hold an appointment on a permanent basis as a peace officer unless the person has been awarded a certificate by the director attesting to his satisfactory completion of an approved peace officer basic training program.
4. No person shall be appointed as a peace officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved peace officer’s basic training program.
5. No person shall be appointed as a detention officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved detention officer basic training program.
6. Every person who is appointed as a part-time or reserve peace officer shall forfeit his position unless within two (2) years from the date of his appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved peace officer basic training program.
7. Notwithstanding subsections (c) through (e) of this section, the commission may waive the basic peace officer training program and certify those applicants who can pass a written examination provided by the commission and an oral interview attesting to the applicant’s ability in law enforcement. The applicant shall prove that he satisfactorily completed a basic peace officer training program which in the commission’s opinion is comparable to that required by this section before waiver is granted.
8. A person who is convicted of a felony after his appointment as a peace officer is ineligible for continued employment as a peace officer. If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction. The director shall notify the person and the person’s employing agency upon revocation of certification under this subsection.
9. In the case of termination of a peace officer, the employing agency shall notify the commission and the officer, in writing, of the termination, setting forth in detail the facts and reasons for the termination. If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify. Any officer who has been terminated may present a written statement to the commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file. A potential employer may contact the commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency. Unless otherwise prohibited by law, the commission shall, upon request provide to the potential employer all pertinent information which is in its possession.
10. Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the court order and the employing agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.

History. Laws 1971, ch. 178, § 4; W.S. 1957, § 9-276.18:45; Laws 1973, ch. 213, § 2; W.S. 1977, § 9-3-1904; Laws 1982, ch. 62, § 3; 1989, ch. 142, § 1; 1990, ch. 30, § 1; 1991, ch. 60, § 1; 1997, ch. 128, § 2; 2007, ch. 131, § 1.

The 2007 amendment substituted “dispatcher” for “detention officer” in (a).

Laws 2007, ch. 131, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 27, 2007.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (j), see § 9-1-701(a)(xii).

Quoted in

McKenzie v. Dovala, 2001 U.S. App. LEXIS 3844, 242 F.3d 967 (10th Cir. 2001).

Am. Jur. 2d, ALR and C.J.S. references. —

Sex discrimination in law enforcement and corrections employment, 53 ALR Fed 31.

§ 9-1-705. Peace officer attending authorized school or training program entitled to wages and expenses.

Any peace officer attending any school or training program authorized by the commission for the purpose of meeting the requirements of W.S. 9-1-704 shall be paid his wages as a peace officer by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.

History. Laws 1971, ch. 178, § 5; W.S. 1957, § 9-276.18:46; W.S. 1977, § 9-3-1905; Laws 1982, ch. 62, § 3.

§ 9-1-706. Certification without compliance with requirements of W.S. 9-1-704; applicability of civil service provisions.

1. Any person who has been employed on a permanent basis as a peace officer for ten (10) consecutive years prior to July 1, 1973, and who is currently employed as a peace officer, shall be certified as a peace officer by the director without having complied with W.S. 9-1-704(b) and (c).
2. Repealed by Laws 1989, ch. 142, § 2.
3. Nothing in this act shall be construed to except any peace officer from the provisions or requirements of civil service.
4. An employing agency may establish qualifications and standards for hiring and training that exceed the minimum set by the commission.

History. Laws 1971, ch. 178, § 6; W.S. 1957, § 9-276.18:47; Laws 1973, ch. 87, § 1; W.S. 1977, § 9-3-1906; Laws 1982, ch. 62, § 3; 1989, ch. 142, §§ 1, 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-1-701(a)(xii).

§ 9-1-707. Commission may accept grants.

The commission may accept grants of money or materials or property of any kind from the federal government, the state, any agency or political subdivision of the state or any person upon the terms and conditions imposed by the grantor.

History. Laws 1971, ch. 178, § 7; W.S. 1957, § 9-276.18:48; W.S. 1977, § 9-3-1907; Laws 1982, ch. 62, § 3.

§ 9-1-708. Certificate required for permanent employment; temporary employment; waiver or modification of training requirements; wages during training; grandfather provisions.

1. Notwithstanding any general, specific or local law or charter to the contrary, except as provided in subsection (b) of this section, no person shall be employed as a dispatcher on a permanent or temporary basis unless the person has been awarded a certificate by the director of the peace officer standards and training commission attesting to his satisfactory completion of a commission approved dispatcher basic training program. No county, sheriff, mayor, municipality, state agency or any other person authorized by law to employ dispatchers in this state shall employ any person as a dispatcher who does not meet the employment standards established by commission rule.
2. A person shall only be employed as a dispatcher on a permanent or temporary basis for two (2) years unless within two (2) years from the original date of employment he is awarded a certificate by the peace officer standards and training commission attesting that he satisfactorily completed a commission approved dispatcher basic training program. The commission may extend the two (2) year time requirement of this section upon the written application of the dispatcher and his employer. The application shall explain the circumstances which make the extension necessary. Factors which the commission may consider in granting or denying the extension include the illness of a dispatcher or a member of his immediate family or the absence of reasonable access to the basic course. The commission shall not grant an extension exceeding two hundred ten (210) days.
3. Notwithstanding subsections (a) and (b) of this section, the commission may waive the basic dispatcher training program and certify those applicants who pass a written examination provided by the commission and an oral interview attesting to the applicant’s ability in law enforcement, fire and ambulance dispatching. The applicant shall prove that he satisfactorily completed a basic dispatcher training program which in the commission’s opinion is comparable to that required by this section before waiver is granted.
4. Any dispatcher attending any school or training program authorized by the commission for the purpose of meeting the requirements of this section shall be paid his wages as a dispatcher by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.
5. Any person who has been employed on a permanent basis as a dispatcher for three (3) consecutive years prior to July 1, 1991, or who has attended and successfully completed the peace officer’s standards and training commission “communications personnel basic course” offered within the state of Wyoming, and who is currently employed as a dispatcher, shall be certified as a dispatcher by the director without having complied with subsection (b) or (c) of this section.
6. A person who is convicted of a felony after his employment as a dispatcher is ineligible for continued employment as a dispatcher. If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction. The director shall notify the person and the person’s employing agency upon revocation of certification under this section.
7. Nothing in this section shall be construed to except any dispatcher from any civil service provision or requirement.

History. Laws 1991, ch. 109, § 1; 2007, ch. 131, § 1.

The 2007 amendment added the last sentence in (a); and added (f), redesignating existing paragraphs accordingly.

Laws 2007, ch. 131, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 27, 2007.

§ 9-1-709. Peace officers; retirement and disability credentials.

1. The director of the peace officer standards and training commission shall authorize the issuance of a retirement or disability identification card to a retired or disabled peace officer upon receipt of an application meeting the requirements of subsection (b) of this section and payment of the required fee.
2. The application for an identification card under this section shall be signed and verified by the applicant and shall include:
   1. The applicant’s name and any other identifying information the commission may require;
   2. Written verification from the employing agency, in a form satisfactory to the director, that the applicant prior to his retirement or disability was employed by a law enforcement unit in this state and was certified as a peace officer in good standing under this act;
   3. Proof in a form satisfactory to the director, that the applicant has qualified for retirement under a state or local government retirement system as a peace officer member or suffered injury in the line of duty as a peace officer in this state which resulted in total or partial disability. For purposes of this section total or partial disability shall be determined by provisions of the retirement system of which the applicant was a member at the time of his injury, but the applicant need not qualify for disability benefits under the system in order to meet the requirements of this section.
3. At the request of the director of the peace officer standards and training commission, the department of transportation shall prepare and issue an identification card under this section which shall contain:
   1. A distinguishing number assigned to the applicant;
   2. The applicant’s full legal name and resident address;
   3. A brief description of the applicant including sex, height and weight;
   4. The applicant’s picture;
   5. Information identifying the applicant as a retired or disabled peace officer of the state of Wyoming including the name of the law enforcement unit employing the applicant and the highest rank held by the applicant;
   6. The certification level held by the applicant under the peace officers standards and training commission.
4. Identification cards issued under this section shall not expire. The commission shall keep records of data contained in identification cards and may confirm the authenticity of the card to any person.
5. Upon submission by the applicant of a verified statement to the peace officers standards and training commission that an identification card issued under this section has been lost, destroyed or mutilated, the person to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence required for issuance of an original identification card and paying the fee required by subsection (f) of this section.
6. Each applicant for an identification card under this section shall pay to the commission a fee of ten dollars ($10.00) which shall be credited to the highway fund.
7. No person shall:
   1. Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card issued under this section;
   2. Lend his identification card to any other person or knowingly permit its use by another;
   3. Display or represent any identification card not issued to him as being his card;
   4. Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card issued under this section;
   5. Procure an identification card under this section by false swearing, fraud or false statement of any kind or in any form.
8. Any person who violates any provision of subsection (g) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.

History. Laws 2001, ch. 180, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-1-701(a)(xii).

§ 9-1-710. Qualifications for employment as a correctional officer; termination of employment; certification without compliance with the requirements of this section.

1. Within fifteen (15) days after the appointment, termination, resignation or death of any correctional officer or certified correctional officer, written notice thereof shall be given to the commission by the employing agency.
2. A state agency or any other person authorized by law to appoint correctional officers in this state shall not appoint any person as a correctional officer on or after July 1, 2005, who does not meet the following qualifications. The person shall:
   1. Be a United States citizen;
   2. Be an adult;
   3. Submit to fingerprinting and a search of local, state and national fingerprint files to determine whether the applicant has a criminal record, with a copy of the responses sent to the commission;
   4. Not have been convicted of any crime for which the applicant could have been punished by imprisonment in a federal or a state penitentiary, unless his conviction is reversed or annulled or he receives a pardon;
   5. Hold a high school diploma or equivalent achievement, with proof forwarded to the commission;
   6. Be of good moral character as determined by a background investigation. The hiring agency shall complete a background investigation as defined by the commission of any new applicant for employment as a correctional officer before the applicant may be employed or begin training as a correctional officer;
   7. Be free of any physical, emotional or mental conditions which might adversely affect the applicant’s performance as a correctional officer. Physical condition shall be evaluated by a person licensed to practice medicine and by application of a standardized physical fitness performance test as specified by the hiring agency. Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;
   8. Successfully pass an oral interview examination and other preemployment examinations specified by the hiring agency.
3. A person shall not receive an original appointment as a certified correctional officer or hold an appointment on a permanent basis as a certified correctional officer unless the person has been awarded a certificate by the director attesting to his satisfactory completion of an approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.
4. A person shall not be appointed as a correctional officer on a permanent basis on or after July 1, 2006 unless within one (1) year from the date of his original appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved correctional officer’s basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission. The commission may extend the one (1) year time requirement of this section upon the written application of the correctional officer and his employer. The application shall explain the circumstances which make the extension necessary. Factors which the commission may consider in granting or denying the extension include the illness of a correctional officer or a member of his immediate family or the absence of reasonable access to the basic course. The commission shall not grant an extension exceeding one hundred eighty (180) days.
5. Every person who is appointed as a part-time correctional officer on or after July 1, 2005, shall forfeit his position unless within two (2) years from the date of his appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.
6. Notwithstanding subsections (b) through (e) of this section, the commission may, upon the recommendation of the employing agency, waive the basic correctional officer training program and certify those applicants who can pass a written examination provided by the commission and an oral interview attesting to the applicant’s ability and core competencies in corrections. The applicant shall prove that he satisfactorily completed a basic correctional officer training program which in the commission’s opinion is comparable to that required by this section before waiver is granted.
7. Any correctional officer attending any school or training program authorized by the commission for the purpose of meeting the requirements of this section shall be paid his wages as a correctional officer by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.
8. A person who is convicted of a felony after his appointment as a correctional officer is ineligible for continued employment as a correctional officer. If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction. The director shall notify the person and the person’s employing agency upon revocation of certification under this subsection as defined by the commission.
9. In the case of termination of a certified correctional officer, the employing agency shall notify the commission and the officer, in writing, of the termination, setting forth in detail the facts and reasons for the termination. If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify. Any officer who has been terminated may present a written statement to the commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file. A potential employer may contact the commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency. Unless otherwise prohibited by law, the commission shall, upon request, provide to the potential employer all pertinent information which is in its possession.
10. Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the court order and the employing agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.
11. Any person who has been employed on a permanent basis as a correctional officer for five (5) consecutive years, and who is employed as a correctional officer by the Wyoming department of corrections on July 6, 2006, shall be certified as a certified correctional officer by the director without having complied with subsections (b) through (e) of this section.
12. The Wyoming department of corrections may establish qualifications and standards for hiring and training that exceed the minimum set by the commission.

History. Laws 2005, ch. 176, § 1.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Effective dates. —

Laws 2005, ch. 176, § 3, makes the act effective July 1, 2005.

§ 9-1-711. Certification and hiring of currently certified peace officers, detention officers and dispatchers.

1. A law enforcement unit may, following verification from the commission that a person is currently certified by the commission as a peace officer, detention officer or dispatcher, appoint that person to a respectively certified position without further investigation or examination.
2. The commission shall provide in its rules for the certification to a prospective hiring law enforcement unit that a person is currently certified by the commission as a peace officer, detention officer or dispatcher.
3. It is the sole responsibility of the prospective hiring law enforcement unit to verify that the person is employed in good standing by another law enforcement unit in this state.

History. Laws 2010, ch. 63, § 1.

Effective date. —

Laws 2010, ch. 63, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2010.

§ 9-1-801. Office created; mandatory and permissive establishment.

There shall be in each judicial district in which any one (1) county has reached a population of sixty thousand (60,000) or more the office of district attorney. In each of the remaining judicial districts there shall be the office of district attorney whenever a majority of the county commissioners in each county within the judicial district shall resolve that such an office of district attorney should be created in that judicial district.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-519; Laws 1982, ch. 62, § 3.

Cited in

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb 6, 2013).

§ 9-1-802. Election; term; qualifications; full-time; private practice prohibited; exception; salary; vacancies. [Effective until July 1, 2022]

1. At the general election in 1982 and every four (4) years thereafter, a district attorney shall be elected in each judicial district in which the office of district attorney has been created six (6) months or more prior to the date of the general election. The district attorney shall serve for a term of four (4) years and until his successor is elected and qualified.
2. Each district attorney shall have been a licensed attorney for at least four (4) years and a member in good standing of the Wyoming state bar immediately prior to his election.
3. Each district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his election if not in conflict with the duties of his office.
4. Until January 3, 2011, each district attorney shall receive an annual salary of ninety-four thousand five hundred dollars ($94,500.00). From and after January 3, 2011, each district attorney shall receive an annual salary of one hundred thousand dollars ($100,000.00).
5. A vacancy in the office of district attorney shall be filled by the board or boards of county commissioners under the procedure for filling vacancies in the office of a member of the state legislature or state senator established by W.S. 22-18-111 . Vacancies shall be filled until the next general election and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-520; Laws 1982, ch. 62, § 3; 1990, ch. 45, § 1; 1991, ch. 244, § 1; 1998, ch. 105, § 1; 2002 Sp. Sess., ch. 97, § 1; 2009, ch. 142, § 1; 2022 ch. 109, § 1, effective July 1, 2022.

The 2009 amendment, effective July 1, 2009, in (d), added “Until January 3, 2011” at the beginning of the first sentence and added the second sentence.

The 2022 amendment, effective July 1, 2022, in (d), deleted the former first sentence, which read, “Until January 3, 2011, each district attorney shall receive an annual salary of ninety-four thousand five hundred dollars ($94,500.00)”; in the present first sentence, added “until January 2, 2023” and “not less than,” and added the last sentence.

Am. Jur. 2d, ALR and C.J.S. references. —

Disqualification of prosecuting attorney in state criminal case on account of relationship with accused, 42 ALR5th 581.

§ 9-1-802. Election; term; qualifications; full-time; private practice prohibited; exception; salary; vacancies. [Effective July 1, 2022]

1. At the general election in 1982 and every four (4) years thereafter, a district attorney shall be elected in each judicial district in which the office of district attorney has been created six (6) months or more prior to the date of the general election. The district attorney shall serve for a term of four (4) years and until his successor is elected and qualified.
2. Each district attorney shall have been a licensed attorney for at least four (4) years and a member in good standing of the Wyoming state bar immediately prior to his election.
3. Each district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his election if not in conflict with the duties of his office.
4. From and after January 3, 2011 until January 2, 2023, each district attorney shall receive an annual salary of not less than one hundred thousand dollars ($100,000.00). From and after January 2, 2023, each district attorney shall receive an annual salary not greater than the salary authorized for a circuit court judge in W.S. 5-1-110 as determined by the legislature.
5. A vacancy in the office of district attorney shall be filled by the board or boards of county commissioners under the procedure for filling vacancies in the office of a member of the state legislature or state senator established by W.S. 22-18-111 . Vacancies shall be filled until the next general election and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-520; Laws 1982, ch. 62, § 3; 1990, ch. 45, § 1; 1991, ch. 244, § 1; 1998, ch. 105, § 1; 2002 Sp. Sess., ch. 97, § 1; 2009, ch. 142, § 1; 2022 ch. 109, § 1, effective July 1, 2022.

§ 9-1-803. Salaries and expenses paid by legislative appropriation.

The salaries of the district attorney, any deputies or assistants and clerical staff and the administrative expenses of the office of district attorney shall be paid pursuant to legislative appropriation.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-521; Laws 1982, ch. 62, § 3.

§ 9-1-804. Duties and powers generally; employment of deputy and assistant district attorneys and other necessary personnel.

1. In addition to other duties prescribed by law, each district attorney has exclusive jurisdiction to:
   1. Act as prosecutor for the state in all felony, misdemeanor and juvenile court proceedings arising in the counties in his district, and prosecute such cases in the district courts and courts of limited jurisdiction or in other counties upon a change of venue;
   2. Defend against all petitions for writs of habeas corpus filed in his district by any person charged with or convicted of any public offense in his district. This duty does not extend to petitions filed by inmates of state penal institutions;
   3. Render assistance as required by the attorney general in the preparation and argument of criminal appeals arising in his district and in the defense of petitions for habeas corpus filed by inmates in state institutions arising from alleged deprivation of rights at the time of or prior to conviction;
   4. Appear before any judge in the preliminary examination of persons charged with any offense in his district;
   5. Appear at all inquests held by any coroner in his district;
   6. Appear at all sessions of any grand jury convened in any county within his district.
2. Each district attorney shall employ and assign to each county in the judicial district at least one (1) of the following to serve at his pleasure: a deputy district attorney, an assistant district attorney or a part-time assistant district attorney. The deputy, assistant or part-time assistant district attorney assigned to a county shall reside in the county and be a resident of Wyoming and his primary responsibility shall be to matters arising in the county.
3. Subject to the rules of the Wyoming personnel division as to compensation, and as is authorized by the approved budget, each district attorney may employ administrative and clerical personnel necessary for the proper and efficient operation of his office. Such personnel shall serve at the pleasure of the district attorney.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-522; Laws 1982, ch. 62, § 3; 1987, ch. 171, § 1; 2004, ch. 42, § 1.

The 2004 amendment, in (a)(iv), deleted “justice of the peace or” following “Appear before any.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Duty to file writ of review. —

In defendant's aggravated assault case, where the district court concluded that the prosecution's conduct provided grounds for a mistrial, granted the defense motion, and dismissed the case with prejudice on the basis of speedy trial concerns, the State's writ of review was appropriate. The State had no other adequate remedy, the issues presented were of constitutional magnitude and public importance, and it was not established that allowing the writ would place defendant in jeopardy for a second time. State v. Newman, 2004 WY 41, 88 P.3d 445, 2004 Wyo. LEXIS 48 (Wyo. 2004).

Prosecutors have no authority to grant immunity. —

A prosecuting attorney (district attorney or county attorney) in Wyoming has no authority to grant immunity to a witness. Hall v. State, 851 P.2d 1262, 1993 Wyo. LEXIS 88 (Wyo. 1993).

Cited in

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb 6, 2013).

Quoted in

Hilderbrand v. Padget, 678 P.2d 870, 1984 Wyo. LEXIS 271 (Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Accused's release of liability, or stipulation that there was probable cause for criminal charge, in consideration of termination of prosecution as precluding malicious prosecution action, 26 ALR4th 245.

Termination of criminal proceedings as result of compromise or settlement of accused's civil liability as precluding malicious prosecution action, 26 ALR4th 565.

Admonitions against perjury or threats to prosecute potential defense witness, inducing refusal to testify, as prejudicial error, 88 ALR4th 388.

When is prosecutor entitled to absolute immunity from civil suit for damages under 42 USCS § 1983: post-Imbler cases, 67 ALR Fed 640.

§ 9-1-805. Substitute where conflict of interest or refusal to act.

When the district attorney is interested or refuses to act in a prosecution, the court may direct or permit any member of the bar to act in the district attorney’s place.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-523; Laws 1982, ch. 62, § 3.

Section does not abrogate executive function to district court.—

This section is not an abrogation of the executive function by the district court, since the district court is not assuming the duties of the prosecutor but rather naming another prosecutor to assume the duties of the first. In re Padget, 678 P.2d 870, 1984 Wyo. LEXIS 271 (Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Disqualification or recusal of prosecuting attorney because of relationship with alleged victim or victim's family, 12 ALR5th 909.

Disqualification of prosecuting attorney in state criminal case on account of relationship with accused, 42 ALR5th 581.

§ 9-1-806. Deputy district attorneys; appointment; term; qualifications; full-time; private practice prohibited; exception; salary.

1. As is authorized by the approved budget, each district attorney may employ deputy district attorneys to serve at his pleasure as needed to properly discharge the duties of his office in addition to deputy district attorneys assigned to counties. Each deputy district attorney shall have been a licensed attorney for at least one (1) year and a member in good standing of the Wyoming state bar immediately prior to his employment as deputy district attorney.
2. Each deputy district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his appointment if not in conflict with the duties of his office.
3. Deputy district attorneys shall receive an annual salary as determined by the Wyoming personnel division.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-524; Laws 1982, ch. 62, § 3.

Cross references. —

As to duties of the human resources division of the department of administration and fiscal control, see § 9-2-1022 .

§ 9-1-807. Assistant district attorneys; appointment; term; qualifications; full-time; private practice prohibited; exception; salary; part-time; qualifications and salary thereof.

1. As is authorized by the approved budget, each district attorney may employ assistant district attorneys to serve at his pleasure as needed to properly discharge the duties of his office in addition to assistant district attorneys assigned to counties. Each assistant district attorney shall be a member in good standing of the Wyoming state bar and shall act under the direction of the district attorney and his deputies.
2. Each full-time assistant district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his appointment if not in conflict with the duties of his office.
3. Full-time assistant district attorneys shall receive an annual salary as determined by the Wyoming personnel division.
4. Assistant district attorneys who serve in less than a full-time capacity shall be members in good standing of the Wyoming bar and shall act under the direction of the district attorney and his deputies. Part-time assistant district attorneys shall be compensated for services performed in an amount proportionate to the salary allowed for full-time services.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-525; Laws 1982, ch. 62, § 3.

Cross references. —

As to duties of the human resources division of the department of administration and fiscal control, see § 9-2-1022 .

Am. Jur. 2d, ALR and C.J.S. references. —

Disqualification of prosecuting attorney in state criminal case on account of relationship with accused, 42 ALR5th 581.

§ 9-1-808. Deputy and assistant district attorneys; powers and duties.

Each deputy and assistant district attorney, under the direction and control of the district attorney, has the same powers and duties as the district attorney by whom he was appointed, except that all acts shall be done in the name of the district attorney.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-526; Laws 1982, ch. 62, § 3.

§ 9-1-809. Per diem and travel expenses.

Each district attorney, deputy district attorney, assistant district attorney or member of a district attorney’s staff while traveling on official business shall receive per diem and travel expenses as provided by law for state employees.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-527; Laws 1982, ch. 62, § 3.

Cross references. —

As to meal, lodging and traveling expenses of state officers and employees, see § 9-3-102 .

As to transportation expenses of state officers and employees, see § 9-3-103 .

§ 9-1-810. Assistance of county attorneys in criminal matters.

Each district attorney may request the assistance of the county attorneys in his district in the preparation, prosecution and argument of criminal matters arising in any county within his district and each county attorney shall render aid and assistance as requested by the district attorney.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-528; Laws 1982, ch. 62, § 3.

§ 9-1-811. Provision of office space.

Each board of county commissioners shall provide suitable office space for the use of the district attorney to properly conduct the business of his office.

History. Laws 1981, Sp. Sess., ch. 21, § 1; W.S. 1977, § 9-2-529; Laws 1982, ch. 62, § 3.

§ 9-1-901. Qualifications.

The state engineer shall have theoretical knowledge and practical and managerial skill and experience which fits him for the position and shall have at least two (2) years of engineering practice and experience in the state and shall be a registered professional engineer.

History. Laws 1890-91, ch. 8, § 8; R.S. 1899, § 101; C.S. 1910, § 149; C.S. 1920, § 159; R.S. 1931, § 109-901; C.S. 1945, § 18-1103; Laws 1953, ch. 188, § 2; W.S. 1957, § 9-138; Laws 1971, ch. 27, § 1; W.S. 1977, § 9-2-602; Laws 1982, ch. 62, § 3; 1987, ch. 185, § 1.

§ 9-1-902. Duties and powers; representation of state at proceedings relating to water or water use.

1. The state engineer shall:
   1. Measure and calculate the discharge of streams, from which water is taken for beneficial purposes, commencing work upon those streams most used for irrigation or other beneficial purposes;
   2. Collect facts and make surveys to determine the most suitable location for constructing works for utilizing the water of the state and to ascertain the location of the lands best suited for irrigation;
   3. Examine reservoir sites;
   4. Include in his reports all the facts ascertained by the surveys and examinations, including, wherever practicable, estimates of the cost of proposed irrigation works and of the improvement of reservoir sites;
   5. Know the waterways of the state, and the needs of the state as to irrigation matters;
   6. Suggest to the governor the amendment or enactment of laws to benefit the state; and
   7. Keep in his office complete records of his work, observations and calculations, all of which shall be the property of the state.
2. The state engineer may appear and represent the state of Wyoming in any proceeding or hearing concerning or relating to water or its use, including congressional hearings and hearings before any department, bureau or agency of the United States or of any state.

History. Laws 1890-91, ch. 8, § 9; R.S. 1899, § 104; C.S. 1910, § 152; C.S. 1920, § 162; R.S. 1931, § 109-904; C.S. 1945, § 18-1104; W.S. 1957, § 9-139; Laws 1969, ch. 99, § 1; W.S. 1977, § 9-2-603 ; Laws 1982, ch. 62, § 3.

§ 9-1-903. [Repealed.]

Repealed by Laws 1989, ch. 94, § 2.

Editor's notes. —

This section, which derived from Laws 1987, ch. 175, § 1, related to appointment of deputy, first assistant and second assistant state engineers.

§ 9-1-904. Collection of fees.

1. The state engineer shall specify by rule and regulation and receive the following nonrefundable fees which shall be collected in advance:
   1. For recording any water right instrument or certificate not otherwise specifically provided for, a reasonable fee not to exceed ten dollars ($10.00) per page;
   2. For making copies of any document recorded or filed in the state engineer’s office, a reasonable fee shall be assessed not to exceed ten dollars ($10.00) per page;
   3. A reasonable fee not to exceed the amount shown shall accompany applications for appropriations for the direct use of the natural unstored flow of water from any surface water source except groundwater as follows:
      1. If water is to be used only for stock or domestic purposes — fifty dollars ($50.00);
      2. Water used for all other purposes — one hundred dollars ($100.00).
   4. A reasonable fee not to exceed the amount specified shall accompany applications for the storage of water as follows:
      1. For reservoirs twenty (20) acre-feet or less — fifty dollars ($50.00) each;
      2. For reservoirs greater than twenty (20) acre-feet but less than one hundred (100) acre-feet — one hundred dollars ($100.00) each;
      3. For all other reservoirs — two hundred fifty dollars ($250.00) each;
      4. Secondary supply applications — one hundred dollars ($100.00) each;
      5. Reservoir supply ditch applications — one hundred dollars ($100.00) each.
   5. A reasonable fee not to exceed the amount specified shall accompany groundwater applications:
      1. Domestic or stock wells, twenty-five gallons per minute (25 g.p.m.) or less, — fifty dollars (50.00);
      2. Monitor wells — no fee required;
      3. Repealed by Laws 1993, ch. 146, § 4.
      4. All other wells or groundwater developments — one hundred dollars ($100.00).
   6. A reasonable fee not to exceed the amounts shown shall accompany all safety of dams plan reviews required or submitted in accordance with W.S. 41-3-308 as follows:
      1. For dams more than twenty (20) feet but less than forty (40) feet in height or with a capacity of fifty (50) acre-feet or more but less than one hundred (100) acre-feet — one hundred dollars ($100.00) each;
      2. For dams forty (40) feet in height or more or with a capacity of one hundred (100) acre-feet or more — two hundred fifty dollars ($250.00) each.
   7. Reasonable fees for computer and other technical services related to providing water resources information.
2. The state engineer shall specify by rule and regulation an amount not to exceed fifty dollars ($50.00) of the fees collected for each application for a permit under subparagraphs (a)(v)(A) and (D) of this section to be deposited into the account created under W.S. 33-42-116 for wells which require the use of a licensed well driller pursuant to W.S. 33-42-103 .

History. Laws 1899, ch. 79, § 1; R.S. 1899, § 108; Laws 1905, ch. 82, § 1; C.S. 1910, § 156; C.S. 1920, § 166; Laws 1929, ch. 49, § 1; R.S. 1931, § 109-908; C.S. 1945, § 18-1108; W.S. 1957, § 9-144; Laws 1965, ch. 178, § 1; W.S. 1977, § 9-2-608; Laws 1979, ch. 56, § 1; 1982, ch. 62, § 3; 1993, ch. 123, § 1; ch. 146, § 4; 2008, ch. 89, § 2; 2014 ch. 89, § 1, effective March 10, 2014.

The 2008 amendment, effective July 1, 2008, added (b).

The 2014 amendment, in (b), substituted “fifty dollars ($50.00)” for “twenty-five dollars ($25.00).”

Laws 2014, ch. 89, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 10, 2014.

§ 9-1-905. Weather modification; legislative declarations.

1. It is hereby declared that:
   1. The state of Wyoming claims its sovereign right to the use for its residents and best interests of the moisture contained in the clouds and atmosphere within its sovereign state boundaries;
   2. Although little is known regarding artificial weather modification, research and experimentation shall be encouraged;
   3. Although the ultimate use of modification methods is speculative, the application of such methods should have proper safeguards and provide sufficient data to protect life, property and public interest.

History. Laws 1951, ch. 131, § 1; W.S. 1957, § 9-267; W.S. 1977, § 9-3-1501; Laws 1982, ch. 62, § 3.

Cross references. —

As to sovereignty in space above the state, see § 10-4-301 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Law reviews. —

For note, “Are There Individual Property Rights in Clouds?,” see 15 Wyo. L.J. 92 (1960).

For article, “Legal Aspects of Weather Modification Snowpack Augmentation in Wyoming,” see 2 Land & Water L. Rev. 273 (1967).

§ 9-1-906. Weather modification defined; duty of state engineer to gather information relative to experiments in state.

The state engineer shall procure, compile and evaluate information relative to weather modification experiments and activities within the state boundaries. The term “weather modification” means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.

History. Laws 1951, ch. 131, § 3; W.S. 1957, § 9-269; W.S. 1977, § 9-3-1503; Laws 1981, ch. 5, § 1; 1982, ch. 62, § 3.

§ 9-1-907. Weather modification; permit required; issuance; duration; fee; report of activities; penalties for noncompliance.

1. It is unlawful for anyone to engage in weather modification activities except by permit prescribed and issued by the state engineer.
2. A separate permit shall be issued for each experiment or activity. Permits are revocable by the state engineer. Permits are to be issued for one (1) year from October 1 of one year to September 30 of the following year. A fee not to exceed one hundred dollars ($100.00) shall be charged for each permit issued or renewed. Fees received by the state engineer shall be deposited with the state treasurer to be placed into the general fund. A permit shall be issued only to a person who can demonstrate to the state engineer’s satisfaction that he has adequate qualifications in the atmospheric sciences. The state engineer shall promulgate rules and regulations necessary to implement this act.
3. The state engineer shall demand and receive a written report, in such manner as he shall provide, covering each separate experiment or activity for which a permit is issued.
4. Any person engaging in a weather modification experiment without a permit is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment for not more than ninety (90) days.

History. Laws 1951, ch. 131, §§ 4, 5, 7, 10; 1955, ch. 166, § 1; W.S. 1957, §§ 9-270, 9-271, 9-273, 9-274; Laws 1965, ch. 66, § 1; 1971, ch. 104, § 1; 1973, ch. 245, § 3; W.S. 1977, §§ 9-3-1504 to 9-3-1507; Laws 1981, ch. 5, § 1; 1982, ch. 62, § 3; 1993, ch. 123, § 1.

Meaning of “this act.” —

The term “this act” refers to Laws 1981, ch. 5, § 1, which appears as §§ 9-1-906 through 9-1-908 .

§ 9-1-908. Weather modification; authority to receive and expend funds; purposes.

The state engineer is authorized to receive in the name of the state any funds offered or available from any source, and to expend such funds for the expenses of administering this act and for the encouragement of experimentation in weather modification by the University of Wyoming or any other appropriate state or public agency, either by direct grant, by contract or other cooperative means.

History. Laws 1951, ch. 131, § 8; W.S. 1957, § 9-275; W.S. 1977, § 9-3-1508; Laws 1981, ch. 5, § 1; 1982, ch. 62, § 3.

Meaning of “this act.” —

The term “this act” refers to Laws 1951, ch. 131, which appears as §§ 9-1-905 through 9-1-909 .

§ 9-1-909. Weather modification; state not liable for activities of private persons or groups.

Nothing in W.S. 9-1-905 through 9-1-909 shall be construed to impose or accept any liability or responsibility on the part of the state, the board, or any state officials or employees, for any weather modification activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties or liabilities between any private persons or groups.

History. Laws 1951, ch. 131, § 9; W.S. 1957, § 9-276; W.S. 1977, § 9-3-1509; Laws 1982, ch. 62, § 3.

State engineer. —

The term “the board” refers to the state weather modification board, created by § 2, ch. 131, Laws 1951, codified as former § 9-3-1502. Section 9-3-1502 was repealed by § 2, ch. 5, Laws 1981. The functions of the former board were transferred to the state engineer by § 1, ch. 5, Laws 1981. See § 9-1-906 .

§ 9-2-101. Creation; definitions; divisions.

1. The department of health is created.
2. As used in this article:
   1. “Department” means the department of health;
   2. “Director” means the director of the department.
3. The department is the successor to the board and department of health.
4. Repealed by Laws 1991, ch. 221, § 3.
5. The department consists of the director who is the chief administrative officer and such divisions as the director may create.
6. The director shall appoint and prescribe the duties of officers of the institutions in title 25 under the direct authority and control of the department.

History. Laws 1969, ch. 93, §§ 1, 2, 4; W.S. 1957, §§ 9-160.1, 9-160.2, 9-160.4; W.S. 1977, §§ 9-3-101 , 9-3-102 , 9-3-104 ; Laws 1979, ch. 155, § 2; 1981, ch. 155, § 2; 1982, ch. 43, §§ 1, 2; ch. 62, § 3; 1990, ch. 63, § 3; 1991, ch. 221, §§ 2, 3; 2019 ch. 175, § 2, effective March 8, 2019.

Cross references. —

As to vocational rehabilitation, see § 9-2-109 through 9-2-115 .

The 2019 amendment, in (b), substituted “this article” for “W.S. 9-2-101 through 9-2-108 .”

Laws 2019, ch. 175, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 8, 2019.

Satisfaction of judgment against department out of state treasury. —

Since the career service council, the department of health and social services (now department of health) and the department of administration and fiscal control are nothing less than extensions of the state, any judgment award against them would unquestionably be satisfied out of the state treasury. Atchison v. Nelson, 460 F. Supp. 1102, 1978 U.S. Dist. LEXIS 14320 (D. Wyo. 1978).

§ 9-2-102. Department of health; duties and responsibilities; state grants.

1. The department of health is the state mental health authority, the developmental disabilities authority and the substance abuse authority. The department through its divisions has the following duties and responsibilities to:
   1. Administer comprehensive state programs for mental health, developmental disabilities and substance abuse services;
   2. Provide a coordinated network of programs and facilities offering the following services to persons afflicted with mental illness or developmental disabilities or for substance abuse: diagnosis, treatment, education, care, training, community living, habilitation and rehabilitation;
   3. Establish minimum standards and approve policies and procedures for the establishment and operation of community-based mental health, substance abuse and developmental disabilities programs receiving state support. The department through its mental health division and its substance abuse division shall annually withhold not less than five percent (5%) of all amounts provided in each contract with a community-based mental health, substance abuse or drug court program or provider and shall not release the funds withheld to the individual program or provider until the respective division and the individual program or provider enter into a written agreement that provides for performance and outcome measures. If the respective division and an individual program or provider do not enter into a mutually agreed upon set of performance and outcome measures, the funds withheld under this paragraph shall revert to the budget reserve account at the end of the biennium in which the funds were withheld;
   4. Establish minimum standards for all mental health, substance abuse and developmental disabilities services supported by state funds;
   5. Establish a statewide suicide prevention program that includes:
      1. A statewide written plan adopted by the department following at least one (1) statewide public meeting of interested persons and entities;
      2. Assistance to local communities in the development and maintenance of suicide prevention coalitions;
      3. Consultation, technical assistance and training to state and local agencies, organizations and professional groups;
      4. Maintenance of a library of suicide prevention materials and information which shall include copies of or links to Cochrane collaboration systematic reviews or other similar sources relevant to this subject;
      5. Collection and dissemination of information regarding best practices for suicide prevention and intervention.
2. Repealed by Laws 1998, ch. 81, § 3.
3. The program may include state grants based on a formula for state and local participation.
4. Repealed by Laws 1998, ch. 81, § 3.
5. Repealed by Laws 1984, ch. 31, § 2.
6. through (n) Repealed by Laws 1991, ch. 161, § 4; ch. 221, § 3.
7. The department shall provide to the joint labor, health and social services interim committee, and any other appropriate legislative committee, periodic reports from the department’s internal performance measurement system.

History. Laws 1977, ch. 176, § 1; W.S. 1957, § 9-160.4:1; W.S. 1977, § 9-3-105 ; Laws 1979, ch. 155, § 2; 1981, ch. 155, § 2; 1982, ch. 43, § 1; ch. 62, § 3; 1983, ch. 115, § 1; 1984, ch. 31, §§ 1, 2; 1989, ch. 101, § 1; 1991, ch. 161, § 4; ch. 221, §§ 2, 3; 1998, ch. 81, §§ 2, 3; 2005, ch. 229, § 1; 2007, ch. 129, § 1; 2015 ch. 59, § 1, effective February 26, 2015.

Cross references. —

As to department of health's duty to create an substance abuse control plan, see § 9-2-122 .

As to meaning of “shelter,” see § 35-1-613(a)(xiii).

The 2005 amendment added (a)(v).

Laws 2005, ch. 229, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

The 2007 amendment added the second sentence in (a)(iii).

Laws 2007, ch. 129, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 27, 2007.

The 2015 amendment, added (o).

Laws 2015, ch. 59, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Appropriations. —

Laws 2005, ch. 229, § 3, appropriates $150,000 to the department of health from the general fund for the purposes of the act and authorizes one additional full-time position for the department of health to carry out the responsibilities created by the act.

Laws 2009, ch. 13, §§ 1 and 2 provide:

“Section 1. Mental health crisis stabilization.

“(a) There is appropriated seven hundred seventy thousand dollars ($770,000.00) or as much thereof as necessary, from the general fund to the department of health, for the fiscal year beginning July 1, 2009 and ending June 30, 2010. This appropriation shall only be expended for the purpose of developing and enhancing mental health crisis stabilization services provided within the Basin region designated by the department of health. The program receiving this appropriation in the region shall be selected by the department of health, in consultation with the mental health and substance abuse services division, through a competitive bid process. Notwithstanding any other provision of law, 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, 2010. This appropriation shall be included in the department's 2011-2012 standard biennial budget request.

“(b) There is appropriated one hundred forty-eight thousand dollars ($148,000.00), or as much thereof as necessary, from the general fund to the department of health, for the fiscal year beginning July 1, 2009 and ending June 30, 2010. This appropriation shall only be expended for the purpose of developing and enhancing mental health crisis stabilization services provided within the southeast region designated by the department of health. The program receiving this appropriation in the region shall be selected by the department of health, in consultation with the mental health and substance abuse services division, through a competitive bid process. Notwithstanding any other provision of law, 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, 2010. This appropriation shall be included in the department's 2011-2012 standard biennial budget request.

“Section 2. Regions of the state.

“(a) For purposes of this act, the five (5) regions of the state designated by the department of health include:

“(i) The southeast region, comprised of Albany, Carbon, Goshen, Laramie and Platte counties;

“(ii) The central region, comprised of Converse, Fremont, Natrona and Niobrara counties;

“(iii) The northeast region, comprised of Campbell, Crook, Johnson, Sheridan and Weston counties;

“(iv) The west region, comprised of Lincoln, Sublette, Sweetwater, Teton and Uinta counties; and

“(v) The Basin region, comprised of Big Horn, Hot Springs, Park and Washakie counties.”

Study. —

Laws 2004, Sp. Sess., ch 4, § 6, directs the department of health to evaluate the need for a medical safety event reporting system plan, considering: (1) the needed uses for the information reported; (2) the definition of information to be reported; (3) the mechanics of the reporting system and the costs of the system to both health care facilities and the state; (4) the extent the information reported should be confidential and protected from discovery in legal actions; (5) the sanctions for failure to comply with the reporting requirement; (6) the extent to which existing reporting systems meet the needs for reporting; (7) the extent to which there should be a staff to analyze individual reports and assist the health care facilities in re-engineering their systems and making changes to prevent future errors; (8) the degree and form of public reporting of the data and the degree to which risk adjustment of the data is appropriate; and (9) the experience of other states with similar reporting systems. The department is to make a report to the joint labor, health and social services interim committee by October 15, 2004.

Laws 2004, Sp. Sess., ch. 4, § 9(c), appropriates $70,000 or so much thereof as is necessary from the general fund to the department of health for the purposes of the act. Subsection 9(d) appropriates $50,000 or so much thereof as is necessary from the general fund to the department for the purposes of evaluating the need for a medical safety event reporting system.

Laws 2004, Sp. Sess., ch 4, § 10, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved July 29, 2004.

Task force. —

Laws 2005, ch. 125, § 1, directs the state health officer and the department of health in collaboration with the Wyoming department of agriculture and the Wyoming department of environmental quality to convene a multi-disciplinary task force to conduct a study of environmental health issues currently identified, the state and federal agencies to whom those issues are currently assigned and those environmental health threats identified but not clearly assigned to a particular state agency. The study is to examine overlapping governmental jurisdiction and jurisdictional gaps in environmental health matters and, to the extent needed, recommend solutions to these problems. The department is to produce and submit a comprehensive plan to coordinate and clarify agency responsibility for environmental health issues, together with recommendations for any initial legislation, to the joint labor, health and social services interim committee by November 15, 2005. The act appropriates $50,000 from the general fund to the department of health to implement the purposes of this act and further provides that the department of health may use existing resources and apply for any federal or private grants that may be available to augment funding for the required study and plan.

Laws 2005, ch. 125, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as required by art. 4, § 8, Wyo. Const. Approved February 25, 2005.

Temporary provisions. —

Laws 2004, ch. 95, § 48, as amended by Laws 2005, ch. 191, § 2, directs the department of health to develop a plan to reevaluate clients in the acquired brain injury program every five years, which plan is to consider needs for safety, protective shelter, sheltered work activities and medical management including medication and therapies necessary to maintain the level of self-sufficiency the client has obtained. Based on this reevaluation, individuals may need less intensive care. The department is to pursue procedures necessary to provide for rapid substitution of new clients for clients who leave the program.

Laws 2005, ch. 191, § 2, amends Laws 2004, ch. 95, section 48, to additionally provide that, notwithstanding Laws 2004, ch. 95, § 319, and any other provision of law, funds appropriated for the division of developmental disabilities are not to be transferred to any other agency, division or program. Funds appropriated but not used for the children's developmental disabilities waiver program, adult developmental disabilities waiver program, or the adult brain injury waiver program are to be expended for clients on waiting lists or identified, new emergency clients within the two waiver programs with the highest average waiting periods. The department may expand the number of clients served by each of the waivers to the extent sufficient funds are available from this appropriation and the expansion is consistent with federal requirements. The department is to report quarterly to the governor and the joint appropriations interim committee on the specific amounts transferred between any waiver programs, the total number of clients served in each waiver, the average projected cost of each client, the average individual budgeted amount for each client, the number of persons on the waiting list for each waiver, and the cost for each new client served. Any unexpended unobligated funds remaining from this appropriation on June 30, 2006, are to revert to the budget reserve account.

Laws 2005, ch. 191, § 400, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2005.

Laws 2005, ch. 229, § 2, directs the department of health to report to the joint labor, health and social services interim committee and the joint appropriations interim committee by December 1, 2005, on its progress in implementing the statewide suicide prevention program created by the act, and by December 1, 2006, and December 1, 2007, on the benefits generated by the program.

Applicability. —

Laws 2007, ch. 129, § 2, provides: “W.S. 9-2-102(a)(iii), as amended by this act, shall apply to any contract entered into between the department of health, mental health division or substance abuse division, and a community-based mental health, substance abuse or drug court provider on or after the effective date of this act.”

§ 9-2-103. Division administrators; appointment; qualifications; duties; salaries, tenure and removal generally; necessary personnel.

1. The director shall appoint a separate administrator for the divisions of the department of health and he may discharge the administrators as provided in W.S. 9-2-1706(c)(ii). Appointments under this subsection shall be subject to the following:
   1. The administrator for a division dealing primarily with public health shall:
      1. Have theoretical knowledge and practical and managerial skill and experience which fits him for the position, as determined by the director; and
      2. Repealed by Laws 1998, ch. 20, § 2.
      3. Administer a program for the supervision of volunteer physicians who provide medical care, assistance or medical administrative services without charge for the medical services rendered in an eligible program in compliance with rules and regulations promulgated by the department. To qualify as an eligible program, the medical services shall be provided in any hospital, clinic, health care facility or institution owned or operated by the state, University of Wyoming or any local government. A disclosure statement shall be signed in advance by the recipients informing them of the physician’s limited liability under the program.
   2. Repealed by Laws 2015, ch. 59 §  2.
2. Repealed by Laws 1987, ch. 185, § 2.
3. Repealed by Laws 1991, ch. 221, § 3.
4. Repealed by Laws 2021, ch. 168, § 3.
5. The governor shall appoint a state health officer who shall be licensed in Wyoming as a physician and who shall carry out the statutory duties and any other duties assigned to the state health officer by the director. The state health officer shall:
   1. Serve at the pleasure of the director and governor, either of whom may remove the state health officer;
   2. Not be assigned to any division within the department;
   3. Have support staff to carry out the duties assigned to him.

History. Laws 1969, ch. 93, § 5; W.S. 1957, § 9-160.5; Laws 1977, ch. 176, § 2; W.S. 1977, § 9-3-106 ; Laws 1979, ch. 155, §§ 2, 3; 1982, ch. 62, § 3; 1987, ch. 185, §§ 1, 2; 1991, ch. 221, §§ 2, 3; 1997, ch. 159, § 1; 1998, ch. 20, §§ 1, 2; 2004, ch. 104, § 1; 2015 ch. 59, § 2, effective February 26, 2015; 2021 ch. 168, §§ 2, 3, effective July 1, 2021.

Cross references. —

As to the duty of the division of health and medical services relating to licensing of clinical laboratories and blood banks, see §§ 33-34-101 through 33-34-109 .

The 2004 amendment added (a)(ii), making related changes.

Laws 2004, ch. 104, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2004.

The 2015 amendment, in (a)(vii), substituted “9-2-2704” for “9-2-2706”

Laws 2015, ch. 59, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2021 amendments. —

The first 2021 amendment, by ch. 168, § 2, effective July 1, 2021, in (e), substituted "governor" for "director," "the state health officer" for "him"; and rewrote (e)(i), which read, "Answer directly to the director."

The second 2021 amendment, by ch. 168, § 3, effective July 1, 2021, repealed (d), which read, "Where the director meets the qualifications specified in subsections (a) and (e) of this section and so chooses, the director may serve as the state health officer."

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Applicability. —

Laws 2021, ch. 168, § 4, provides: "This act shall only apply to orders issued by the state health officer or municipal, county or district health officers on or after the effective date of this act. No order issued before the effective date of this act shall be subject to this act during any period for which the public health order is effective."

Task force. —

Laws 2004, ch. 104, § 2, as amended by Laws 2005, ch. 168, § 1, and Laws 2006, ch. 26, § 1, creates the select committee on developmental programs, consisting of three members of the Senate, at least one of whom is a member of the senate labor, health and social services committee and provided that not more than two of the appointees are from the same political party, and four members of the house of representatives, at least two of whom are members of the house labor, health and social services committee and provided that not more than three of the appointees are from the same political party. The committee is to (1) study the state's programs for persons with developmental disabilities and other states' programs for the delivery of assistance to persons with developmental disabilities; (2) identify system changes for improvement in the delivery of services to persons with developmental disabilities; and (3) sponsor necessary legislation implementing committee recommendations. The committee is to report to the legislature and the governor not later than October 1, 2005, on conclusions and recommendations developed under this section and not later than December 1, 2007 on adoption and implementation of rules and regulations by the developmental disabilities division The act appropriates $35,000 from the general fund to the legislative service office to fund activities of the select committee, and an additional $17,000.00 to fund the activities of the select committee through December 31, 2007.

Laws 2005, ch. 168, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Laws 2004, ch. 104, § 3, directs the select committee, working with the developmental preschool centers in the state, to study the costs of providing developmental health and educational services to qualifying preschool children in the state. The committee may also contract with consultants in conducting the study. he study is to identify the costs of service provision and recommend a mechanism for funding the costs of providing the services. The committee is to provide a preliminary report to members of the legislature not later than November 1, 2004, and a final report by October 1, 2005 and submitted to the management council. The act appropriates $250,000 from the budget reserve account to the legislative service office for purposes of this study.

Laws 2004, ch. 104, § 4, directs the office of planning and administration within the department of health to review all program manuals and all internal operating procedures and policies affecting services provided by the division of developmental disabilities and ensure that all policies of general applicability are promulgated as rules in accordance with the Wyoming Administrative Procedure Act.

Laws 2004, ch. 104, § 2, as amended by 2005 Wyoming Session Laws, Chapter 168, Section 1 and 2006 Wyoming Session Laws, Chapter 84, Section 1, by creating a new subsection (f) is amended to read:

“Section 2.

“(f) The select committee shall report to the management council, joint labor, health and social services interim committee, joint appropriations interim committee and the governor not later than December 1, 2007 on:

“(i) Adoption and implementation of rules and regulations by the developmental disabilities division;

“(ii) A feasibility study on implementation of cost-based reimbursement mechanisms for services delivery in the adult, child and acquired brain injury programs of the developmental disabilities division;

“(iii) Implementation of funding mechanisms in the developmental preschool program of the developmental disabilities division;

“(iv) A transition plan for continued oversight of the developmental disabilities division by the joint labor, health and social services interim committee, especially in regard to the development of a real choice waiver program, the department of health's development of a long-term master facility and programming plan for the Wyoming state training school and a master plan for developmental disabilities programs, including a long-term facility and programming plan.”

Laws 2007, ch. 26, § 3, makes the 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.

§ 9-2-104. Allocation, transfer and abolition of powers, duties and functions within department.

1. The governor may, after consultation with the director of the department and the departmental advisory council:
   1. Repealed by Laws 1991, ch. 221, § 3.
   2. Designate the department as the single state agency for the administration of state plans for health and medical services, mental health and developmental disabilities, to administer upon such terms as the governor directs.

History. Laws 1969, ch. 93, § 6; W.S. 1957, § 9-160.6; Laws 1977, ch. 176, § 2; W.S. 1977, § 9-3-107; Laws 1981, Sp. Sess., ch. 25, § 2; 1982, ch. 62, § 3; 1991, ch. 221, §§ 2, 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Laws 2000, ch. 50, § 2, effective July 1, 2000, transfers all funds and positions for the governor's planning council on developmental disabilities from the office of the governor to the office of the attorney general, effective July 1, 2000.

§ 9-2-105. Office of planning and administration; created; duties and powers of administrator.

1. The office of planning and administration is created and shall be under the authority of the director.
2. The administrator of the office of planning and administration shall:
   1. Coordinate all program administration, including all budget requests, grant applications and plans;
   2. Advise, consult and cooperate with all departmental agencies, all other state departments, agencies, subdivisions and the federal government;
   3. Require that all administrators within the department cooperate with the office and report to the office on all matters pertaining to program planning, budgeting and administration; and
   4. Perform planning as determined by the director.

History. Laws 1977, ch. 176, § 1; W.S. 1957, § 9-160.6:1; W.S. 1977, § 9-3-108; Laws 1982, ch. 62, § 3.

Cross references. —

As to definition of “director,” see § 9-2-101(b)(ii).

§ 9-2-106. Duties and powers of director of department.

1. The director shall:
   1. Consult with the departmental advisory council and establish general policy to be followed in the department in administering programs;
   2. Disburse and administer all federal funds or other monies allotted to the department;
   3. Prescribe by rule, order or regulation the conditions under which these monies shall be disbursed and administered;
   4. Enter into agreements, not inconsistent with the laws of this state, required as conditions precedent to receiving funds or other assistance. Funds appropriated by the legislature for operation of the department shall be used for the specified purposes only, and the director, in accepting funds from any other source, shall not consent to impairment of the department’s statutory responsibilities;
   5. Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ] in all matters relating to the exercise and performance of the powers and duties vested in the department;
   6. With the assistance of the attorney general bring actions in the courts of the state in the name of the department for the enforcement of public health, mental health and medical services laws; and
   7. Ensure that the department and all of its divisions promulgate reasonable rules and regulations, after consultation with the departmental advisory council and in compliance with the Wyoming Administrative Procedure Act, for the implementation of all state and federal public health, mental health and medical services laws. When promulgating such rules and regulations the director shall assure that the department uses language which focuses on the importance of a person, rather than a person’s disability.
2. Notwithstanding paragraph (a)(iv) of this section, the director may use funds appropriated by the legislature for the operation of the department to pay health or medical insurance premiums for any resident of Wyoming upon a determination by the director or his designee that:
   1. Due to an injury or illness, the person or his family is or may become unable to pay health or medical insurance premiums;
   2. The person is or may become eligible for medical services which would be paid for by the state; and
   3. Payment of the premiums may be less expensive for the state than payment of the medical services.
3. Health or medical insurance premiums paid for in accordance with subsection (b) of this section shall be reviewed periodically to ensure payment of the premiums does not exceed the cost for provision of medical services. The authority granted under subsection (b) of this section shall terminate effective June 30, 1996.
4. The director may authorize the Wyoming life resource center, the Wyoming state hospital, the Wyoming pioneer home, the veterans’ home of Wyoming, the Wyoming retirement center and the Wyoming veterans’ skilled nursing facility to provide services to persons with conditions other than those specified in the provisions governing those state institutions in title 25 of the Wyoming statutes when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services shall be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the public health and safety. The director shall promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute.

History. Laws 1969, ch. 93, § 7; W.S. 1957, § 9-160.7; Laws 1977, ch. 105, § 2; ch. 176, § 2; W.S. 1977, § 9-3-109; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 1994, ch. 9, § 1; 1998, ch. 11, § 1; 2000, ch. 5, § 1; 2004, ch. 104, § 1; 2008, ch. 44, § 1; ch. 70, § 1; ch. 85, § 1; 2019 ch. 156, § 2, effective February 28, 2019.

Cross references. —

As to definition of “director,” see § 9-2-101(b)(ii).

The 2004 amendment, in (a)(vii), added “Ensure that the department and all of its divisions” at the beginning, and made related changes.

Laws 2004, ch. 104, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2004.

The 2008 amendments. —

The first 2008 amendment, by ch. 44, § 1, substituted “life resource center” for “state training school” and made stylistic changes in (d).

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The second 2008 amendment, by ch. 70, § 1, added the second sentence of (a)(vii).

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The third 2008 amendment, by ch. 85, § 1, effective July 1, 2008, deleted the last sentence in (d), which read: “The director shall report to the joint labor, health and social services interim committee no later than October 1 of odd numbered years with respect to the status of any actions taken under this subsection and the results of those actions.”

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2019 amendment, in (d), added “and the Wyoming veterans' skilled nursing facility” and made related changes.

Laws 2019, ch. 156, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 9-2-107. Division advisory councils; appointment; departmental advisory council; created; term; composition; meetings; removal of members; selection of officers; vacancies; expenses.

1. The director may appoint an advisory council, each of which shall consist of not more than ten (10) members unless otherwise required by law or good practice, to each of the divisions of the department.
   1. Repealed by Laws 1990, ch. 63, § 3; 1991, ch. 221, § 3.
   2. through (iv) Repealed by Laws 1991, ch. 221, § 3.
2. Repealed by Laws 2016, ch. 37, § 2
3. Repealed by Laws 1991, ch. 221, § 3.
4. through (h) Repealed by Laws 2016, ch. 37, § 2

History. Laws 1969, ch. 93, §§ 8, 12, 13, 15, 16; W.S. 1957, §§ 9-160.8, 9-160.12, 9-160.13, 9-160.15, 9-160.16; Laws 1977, ch. 176, § 2; W.S. 1977, §§ 9-3-110, 9-3-112 to 9-3-115; Laws 1979, ch. 155, § 2; 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1990, ch. 63, §§ 2, 3; 1991, ch. 221, §§ 2, 3; 2016 ch. 37, § 2, effective July 1, 2016.

Cross references. —

As to meal, lodging and traveling expenses of state officers and employees, see § 9-3-102 .

As to transportation expenses of state officers and employees, see § 9-3-103 .

The 2016 amendment , effective July 1, 2016, repealed former (b) through (h), which read: “(b) There is created within the department an advisory council of not more than eleven (11) members appointed by the governor. Each member shall serve a two (2) year term. The council shall be composed of: (i) One (1) member of the senate appointed by the president of the senate; (ii) One (1) member of the house of representatives appointed by the speaker of the house of representatives; (iii) Repealed by Laws 1991, ch. 221, § 3. (iv) One (1) member recommended by each of the divisional councils within the department; (v) Repealed by Laws 1991, ch. 221, § 3. (vi) Up to four (4) members at large. (c) Repealed by Laws 1991, ch. 221, § 3. (d) The departmental advisory council shall meet at least two (2) times each year. (e) The governor may remove any member of the departmental advisory council as provided in W.S. 9-1-202 . (f) At the first meeting of the departmental advisory council, and annually thereafter when new appointments are made, a chairman, vice-chairman and secretary shall be selected from among the membership by vote of the council members. (g) Any vacancy caused by the death, removal, resignation or disqualification of any appointed member of the departmental advisory council shall be filled by the governor appointing a successor. (h) Members of the departmental advisory council shall not receive compensation for their services, but when actually engaged in the performance of their duties, they shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state.”

§ 9-2-108. Director of department; appointment; removal; duties.

1. With the advice and consent of the senate the governor shall appoint a director for the department who shall serve under the direction of the governor and who may be removed by the governor as provided in W.S. 9-1-202 .
2. The director shall:
   1. Manage and supervise the department;
   2. Repealed by Laws 1999, ch. 149, § 1.
3. Appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103 .

History. Laws 1969, ch. 93, § 18; W.S. 1957, § 9-160.18; Laws 1977, ch. 176, § 2; W.S. 1977, § 9-3-116; Laws 1979, ch. 17, § 2; 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1999, ch. 149, § 1.

Cross references. —

For provision establishing management council, see § 28-8-102 .

As to authority of management council to appoint select committees, under certain circumstances, see § 28-8-104 .

As to powers and duties of management council, or any committee thereof, with respect to review of administrative rules and regulations, see §§ 28-9-102 through 28-9-108 .

§ 9-2-109. Vocational rehabilitation; definitions.

1. As used in W.S. 9-2-109 through 9-2-115 :
   1. “Division” means the staff within the department of workforce services who administer vocational rehabilitation programs and provide vocational rehabilitation services;
   2. “Eligible” means a certification that:
      1. The individual has a physical or mental impairment which constitutes or results in a substantial impediment to employment of the individual;
      2. Vocational rehabilitation services may reasonably be expected to benefit the individual in terms of an employment outcome; and
      3. The individual requires vocational rehabilitation services to prepare for, secure, retain or regain employment.
   3. “Individual with a significant disability” means an individual:
      1. Who has a severe physical or mental disability which seriously limits one (1) or more functional capacities in terms of an employment outcome;
      2. Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
      3. Who has one (1) or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, end stage renal disease or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.
   4. “This act” means W.S. 9-2-109 through 9-2-115 .

History. Laws 1957, ch. 225, § 1; W.S. 1957, § 21-303; Laws 1969, ch. 111, § 202; 1975, ch. 115, § 1; W.S. 1977, § 9-3-201 ; Laws 1982, ch. 62, § 3; 1990, ch. 63, § 2; 1993, ch. 222, § 1; 1999, ch. 46, § 1; 2002 Sp. Sess., ch. 100, § 3; 2008, ch. 70, § 1.

The 2008 amendment substituted “intellectual disability” for “mental retardation” in (a)(iii)(C).

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Workforce Investment Act. —

The Federal Workforce Investment Act is codified as 29 USC 2801 et seq.

Cited in

State v. Campbell County Sch. Dist., 2001 WY 19, 19 P.3d 518, 2001 Wyo. LEXIS 21 (Wyo. 2001).

§ 9-2-110. Division of vocational rehabilitation; administrative duties.

1. This act [§§ 9-2-109 through 9-2-115 ] shall be administered by the division. In administering this act, the division shall:
   1. Make regulations necessary to implement this act;
   2. Certify for disbursement funds available for the purposes of this act.

History. Laws 1957, ch. 225, § 2; W.S. 1957, § 21-304; Laws 1969, ch. 111, § 203; 1975, ch. 115, § 1; W.S. 1977, § 9-3-202 ; Laws 1982, ch. 62, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-111. Division of vocational rehabilitation; provision of authorized services; related powers.

1. Except as otherwise provided by law, the division shall provide the services authorized by this act to eligible individuals with disabilities. The division may:
   1. Cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this act to individuals with disabilities;
   2. Enter into reciprocal agreements with other states to provide for the services authorized by this act to residents of the contracting states;
   3. Establish and operate rehabilitation facilities and workshops and make grants to public and nonprofit organizations for those purposes;
   4. Supervise the operation of small businesses established pursuant to this act to be conducted by eligible individuals with disabilities;
   5. Provide training and instruction, including establishing and maintaining research fellowships and traineeships with stipends and allowances, in matters relating to vocational rehabilitation;
   6. Establish new vending machine sites on any state owned public property, except as provided in subsection (b) of this section, in cooperation with the administrator or governing body in charge of the public property;
   7. Bid out all vending machine sites located on any state owned public property, except as provided in subsection (b) of this section. Vending machines currently located on public property and under a written contract with a specific renewal or termination date will not be affected by this section until the renewal or termination date;
   8. Enter into contracts with vendors for the installation and operation of vending machine sites on any state owned public property, except as provided in subsection (b) of this section. These contracts shall include a provision for the payment of commissions to the division based on gross revenues from the vending machines. These commissions shall be placed in an account which shall be used for the establishment and administration of small businesses created under this act. The division may assign a portion of the commissions to operators of small businesses created under this act for the maintenance of their income;
   9. Promulgate rules and regulations to provide:
      1. Definitions to include the terms “contract bid preference,” “small businesses,” “public property” and “vending machine sites”;
      2. Methods for determining the contract bid preference eligibility under W.S. 9-2-115 ;
      3. Methods of recovering the cost of establishing small businesses and maintaining equipment;
      4. Methods for determining the portion of commissions to be assigned to small business operators for the maintenance of their income.
   10. Encourage the establishment of vending machine sites and small businesses on privately owned or controlled property.
2. The provisions of this act shall not apply to state owned public property included in W.S. 36-8-1001 through 36-8-1002 or state owned public property used to conduct the state fair or the Wyoming pioneer memorial museum under W.S. 11-10-101 through 11-10-114 [11-10-101 through 11-10-115 ] or the University of Wyoming or Wyoming community colleges.

History. Laws 1957, ch. 225, § 3; W.S. 1957, § 21-305; Laws 1969, ch. 111, § 204; 1975, ch. 115, § 1; W.S. 1977, § 9-3-203 ; Laws 1982, ch. 62, § 3; 1993, ch. 222, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, deleted reference to the trust and agency fund in (a)(viii).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-109(a)(iv).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 9-2-112. Division of vocational rehabilitation; cooperation with federal government in providing services to individuals with disabilities.

1. The division shall cooperate with the federal government in implementing federal statutes pertaining to the purposes of this act, including the licensing of blind persons or other individuals with disabilities to operate small businesses on federal property. The division may adopt methods of administration necessary for the proper and efficient operation of agreements with the federal government and to secure the full benefits of the federal statutes.
2. Upon designation by the governor, the division may perform functions and services for the federal government relating to individuals with a physical or mental disability other than those described in subsection (a) of this section.

History. Laws 1957, ch. 225, § 4; W.S. 1957, § 21-306; Laws 1969, ch. 111, § 205; 1975, ch. 115, § 1; W.S. 1977, § 9-3-204 ; Laws 1982, ch. 62, § 3; 1993, ch. 222, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-109(a)(iv).

§ 9-2-113. Division of vocational rehabilitation; federal and state funds; custody and disbursement by state treasurer; gifts.

1. The state treasurer is the custodian of all funds received from the federal government for vocational rehabilitation or to implement any agreements authorized by this act. The division of vocational rehabilitation shall disburse federal and state funds available for those purposes and submit receipt and acknowledgement to the state treasurer.
2. The division may accept and use gifts for carrying out the purposes of this act. The gifts may be held, invested, reinvested and used in accordance with the conditions of the gift.

History. Laws 1957, ch. 225, §§ 5, 6; W.S. 1957, §§ 21-308, 21-309; Laws 1969, ch. 111, §§ 206, 207; 1975, ch. 115, § 1; W.S. 1977, §§ 9-3-205 , 9-3-206 ; Laws 1982, ch. 62, § 3; 2015 ch. 12, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, in (b), substituted “division of vocational rehabilitation” for “state treasurer” and “and submit receipt and acknowledgement to the state treasurer” for “upon certification by the division” in the second sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-109(a)(iv).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes federal financial assistance for purposes of § 504 of Rehabilitation Act (29 U.S.C.A. § 794), which prohibits any program or activity receiving federal financial assistance from discriminating on basis of disability, 147 ALR Fed 205.

§ 9-2-114. Division of vocational rehabilitation; services; persons eligible; extent provided at public cost; regulation as to selection of persons to be benefited; right to benefit not transferable.

1. Vocational rehabilitation services shall be provided to eligible residents with disabilities and to other individuals with disabilities who are eligible under an agreement with another state or the federal government.
2. Goods or services shall be provided at public cost only to the extent that the individual with disabilities requires financial assistance with respect thereto. However, the following services may be provided at public cost:
   1. Diagnostic and related services, including transportation, required for the determination of eligibility for service and of the nature and scope of the services to be provided;
   2. Guidance; and
   3. Job related services, including job search and placement, job retention services and follow-up services.
3. If vocational rehabilitation services cannot be provided to all eligible individuals with disabilities, the division shall adopt, by regulation, a method for selecting those to whom services will be provided.
4. The right of any individual to any benefit under this act [§§ 9-2-109 through 9-2-115 ] is not transferable or assignable at law or in equity.

History. Laws 1957, ch. 225, §§ 7, 8; W.S. 1957, §§ 21-310, 21-311; Laws 1969, ch. 111, §§ 208, 209; 1975, ch. 115, § 1; W.S. 1977, §§ 9-3-207 , 9-3-208 ; Laws 1982, ch. 62, § 3; 1993, ch. 222, § 1; 1999, ch. 46, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-109(a)(iv).

§ 9-2-115. Division of vocational rehabilitation; preference given to eligible individuals with disabilities in operating small businesses on public property; new construction and remodeling; effect of preference on existing small businesses.

1. Individuals with disabilities determined to be eligible by the division shall be given a contract bid preference on small contracts, where the small business was established pursuant to this act. The contract bid preference shall apply to small businesses on either public or private property which were established pursuant to this act.
2. The administrator or governing body in charge of any public property, in cooperation with the division may construct a new facility or remodel a preexisting facility to accommodate a small business established pursuant to this act.
3. The contract bid preference granted by this section does not affect the rights of persons currently operating a small business on public property and under a written contract with a specific renewal or termination date, until the renewal or termination date. After the renewal or termination date, the division shall bid out the small business contract and apply contract bid preferences where applicable.

History. Laws 1965; ch. 36, §§ 1 to 3; W.S. 1957, §§ 9-160.18:29 to 9-160.18:31; Laws 1969, ch. 111, §§ 210 to 212; 1975, ch. 115, § 1; W.S. 1977, §§ 9-3-209 to 9-3-211 ; Laws 1982, ch. 62, § 3; 1993, ch. 222, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-109(a)(iv).

§ 9-2-116. Legislative findings; purposes.

The legislature finds that a shortage of primary care physicians and allied health providers exists in the state of Wyoming which limits the availability of adequate health care services for the citizens of the state who live in rural areas. The legislature further finds that the number of qualified physicians and allied health care providers can be increased to enhance the provision of rural health care services by the adoption of incentives to attract more primary care physicians and allied health care providers to communities experiencing these shortages. The legislature therefore enacts the Rural Health Care Act of 1993 to create an office of rural health care and to create a loan repayment program to repay education loans of primary care physicians and allied health care providers who practice for specified periods of time in designated communities which are experiencing shortages.

History. Laws 1993, ch. 228, § 1.

Rural Health Care Act of 1993. —

The Rural Health Care Act of 1993 is codified as §§ 9-2-116 through 9-2-119 .

§ 9-2-117. Office of rural health created; duties.

1. The office of rural health is created within the department of health. The office shall:
   1. Serve as a clearinghouse for information on primary health care services in communities and rural areas of Wyoming and provide for dissemination of information by appropriate means to interested citizens of the state;
   2. Provide technical assistance and consultation services to communities and rural areas, including hospitals located in these communities and rural areas, and thereby assist citizens’ groups, local officials and health professionals to:
      1. Recruit and retain health care professionals and support personnel as required;
      2. Assess health care needs and priorities in rural areas;
      3. Identify sources of funding and programming, including information on rural health care districts;
      4. Establish strong working relationships with health care professionals throughout the state;
      5. Repealed by Laws 2016, ch. 37, § 2.
      6. Assist in the development of rural health clinics;
      7. Repealed by Laws 2016, ch. 37, § 2.
   3. Contract, if necessary, with other entities to carry out duties prescribed under this section, and to conduct an active and ongoing recruitment program for physicians and other health care professionals, subject to the availability of funds, and to engage in the following activities:
      1. Assist communities in their effort to recruit and retain physicians and other health care professionals;
      2. Assist communities in the contact and evaluation of potential candidates;
      3. Conduct community studies to ascertain viable support for health care professionals;
      4. Assist physicians and other health care professionals and their families to find communities that will meet their needs and expectations;
      5. Maintain close liaison with government and private sources of health care providers;
      6. Assess the availability of health care providers in the state;
      7. Facilitate incorporation of mid-level providers into the state health delivery system.
   4. Collaborate with state agencies, private health organizations and professional and community organizations in a continuing effort to improve needed rural, primary care and other health care services for the people of Wyoming;
   5. Administer the loan repayment programs created by W.S. 9-2-118 and 9-2-119 ;
   6. In collaboration with the state health officer and the state chief information officer, represent the department of health in a consortium of state agencies, private health organizations and professional and community organizations to facilitate the operations of a statewide interoperable telemedicine/telehealth network using existing internet protocol based communication and videoconferencing infrastructure and telecommunication services to the extent possible. The consortium shall:
      1. Consist of members appointed by the director of the department of health, to include the Wyoming chief information officer or the officer’s designee;
      2. Coordinate the development and promotion of statewide standards for an interoperable telemedicine/telehealth network and, where applicable, promote definitions and standards for statewide electronic health transactions;
      3. Promote and conduct education programs that inform network users that information communicated through the use of telemedicine/telehealth shall conform with state and federal privacy and security laws and information security programs established by the state chief information officer;
      4. Have the authority to seek funds for consortium operation and contract as needed to carry out its responsibilities.
   7. In collaboration with the state health officer and the state chief information officer or their designees, coordinate with appropriate state agencies to establish incentives to implement, promote and facilitate the voluntary exchange of secure telemedicine/telehealth network information between and among individuals, entities and agencies that are providing and paying for services authorized under the Medicaid program, in conformity with rules adopted by the state chief information officer;
   8. In collaboration with the state health officer and the state chief information officer or their designees, develop and promote a common direction for a statewide interoperable telemedicine/telehealth network among state agencies, in conformity with rules adopted by the department of enterprise technology services;
   9. As required by W.S. 33-1-303(a)(iv) and in collaboration with the state health officer and the state chief information officer or their designees, collaborate with professional and occupational licensure boards concerning the promulgation of rules and definitions related to the practice of telemedicine/telehealth and the use of telemedicine/telehealth technologies.

History. Laws 1993, ch. 228, § 1; 1995, ch. 39, § 1; 2009, ch. 140, § 1; 2012, ch. 30, § 3; 2016 ch. 37, §§ 1, 2, effective July 1, 2016; 2017 ch. 90, § 1, effective March 1, 2017; 2021 ch. 41, § 1, effective March 30, 2021.

The 2009 amendment, effective July 1, 2009, rewrote (a)(vi), which read: “In cooperation with the state telecommunications council established under W.S. 9-2-1026 .2, coordinate and plan the development of a statewide telemedicine capability using existing telecommunications infrastructure and services to the extent possible. In accordance with W.S. 9-2-1026 .2, the office and the council shall report plans and recommendations to the governor and the legislature”; and added (a)(vi)(A) through (a)(vi)(D) and added (a)(vii) and (a)(viii).

The 2012 amendment, substituted “department of enterprise technology services” for “state chief information officer” in (a)(viii).

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The 2016 amendments. — The first 2016 amendment, by ch. 37 § 1, effective July 1, 2016, deleted “care” following “rural health” in (a); deleted “of families living” following “priorities” in (a)(ii)(B); deleted “and the best beginnings program in Albany county” at the end of (a)(ii)(C); rewrote former (a)(iii)(F) which read: “Assess the availability of nurse practitioners and physician assistants in the state and in coordination with other appropriate organizations, determine additional training needs for these health care professionals”; and, in (a)(iv), substituted “Collaborate with” for “Develop a consortium of” and inserted “and” following “health organizations.”

The second 2016 amendment, by ch. 37 § 2, effective July 1, 2016, repealed former (a)(ii)(E), which read: “Encourage the development of risk management programs”; and (a)(ii)(G), which read: “Design and implement programs enhancing state primary care services and state health promotion and disease prevention efforts.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2017 amendment , in (a), added (a)(ix).

Laws 2017, ch. 90, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2017.

The 2021 amendment , added "subject to the availability of funds" in (a)(iii).

Laws 2021, ch. 41, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 30, 2021.

Editor's notes. —

Laws 1995, ch. 39, § 2, which repealed this section effective July 1, 1998, was itself repealed by Laws 1998, ch. 12, § 1, effective April 1, 1998.

There is no subsection (b) in this section as it appears in the printed acts.

Study. —

Laws 2004, Sp. Sess., ch. 4, § 5, directs the office of rural health care to study the number of physicians, nurses, nurse practitioners and physician assistants who are providing patient care within the state and to determine for each of those: (1) the provider's specialty; (2) the location at which the provider provides care; (3) the length of time the provider has been providing care in this state; (4) whether the provider is practicing full or part time; (5) whether the provider is practicing independently or in association with a hospital or other health care facility; (6) whether the provider has any military obligation; (7) whether the provider has hospital privileges at any Wyoming hospital; (8) whether the provider's medical education was funded by the state of Wyoming through WWAMI, WICHE, contract or similar medical education program; and (9) whether the number of physicians reported and their areas of specialties indicate a physician shortage in those or other areas of specialty. The office is to report its findings to the joint appropriations, joint corporations, elections and political subdivisions, joint judiciary and joint labor, health and social services interim committees on or before November 1, 2004.

Laws 2004, Sp. Sess., ch. 4, § 9(c) appropriates $70,000 or so much thereof as is necessary from the general fund to the department of health for the purposes of the act.

Laws 2004, Sp. Sess., ch. 4, § 10, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved July 29, 2004.

§ 9-2-118. Physician and dentist loan repayment program.

1. The department is authorized to enter into agreements with physicians and dentists who have graduated from accredited residency programs to provide health care in this state. The agreements shall:
   1. Provide for the physician or dentist to practice medicine in a community of the state from among a list of communities developed by the department. A physician or dentist shall agree to provide medical care for the period of the contract in underserved areas of the state and shall accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the physician or dentist is qualified to provide;
   2. Provide that the physician or dentist shall be repaid up to one hundred percent (100%) of the amount of outstanding educational loans the physician or dentist has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing medical or dental services, not to exceed thirty thousand dollars ($30,000.00) per year, in exchange for practicing his profession under the terms of this section;
   3. Require the physician or dentist to practice for a minimum of three (3) years under the agreement;
   4. Repealed by Laws 2005, ch. 148, § 2.
   5. Contain other provisions the department deems necessary or appropriate to accomplish the purposes of this section.
2. The department, in consultation with the appropriate licensing board and professional association, shall promulgate rules necessary to carry out the purposes of this section. In carrying out this section the department shall assess health care needs of the state by geographic areas and practice specialties and shall prioritize and enter into agreements under this section accordingly.
3. The department may vary the terms of each agreement in accordance with this section based upon the community and the number of the physician’s or dentist’s patients whose cost of care is reimbursed under Title XVIII of the federal Social Security Act, the child health insurance program or the Wyoming Medical Assistance and Services Act.
4. Repealed by Laws 2008, ch. 121, §  3.

History. Laws 1993, ch. 228, § 1; 2004, ch. 106, § 1; 2005, ch. 148, §§ 1, 2; 2006, ch. 118, § 1; 2007, ch. 203, § 1; 2008, ch. 121, §§ 2, 3.

The 2004 amendment, effective July 1, 2004, rewrote (a), adding dentists as eligible providers, and in (a)(i), adding the second and third sentences; and in (d) substituted “twenty-five percent (25%) of the money is matched” for “the money is equally matched,” and substituted “health care facility or health care association” for “or hospital.”

The 2005 amendment, effective July 1, 2005, in (a)(i), inserted “Title XVIII of the federal Social Security Act” and deleted the former final sentence, which read: “The department of health, in consultation with the state board of medicine and the board of dental examiners, shall determine which areas of the state are underserved and which provider services are most needed in each underserved area”; repealed former (a)(iv), which prohibited a physician or dentist from discriminating against any patient whose cost of care is reimbursed under Title XVIII of the federal Social Security Act or the Wyoming Medical Assistance and Services Act; and in (c), inserted “the physician's or dentist's” and “child health insurance program,” and deleted “served by the physician” from the end; and made stylistic changes.

The 2006 amendment, effective July 1, 2006, deleted “after completing undergraduate programs and” following “acquired” in (a)(ii); substituted “appropriate licensing board and professional association” for “departmental advisory council” in (b).

The 2007 amendments. —

in (a)(ii) substituted “undergraduate or postgraduate educational” for “medical or dental school” and inserted “directly related to providing medical or dental services.”

Laws 2007, ch. 203, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2007.

The 2008 amendment deleted “including the matching funds specified in subsection (d) of this section” following “per year” in (a)(ii); and repealed (d) which read: “No state money shall be expended for repayment of any loan under this section unless twenty-five percent (25%) of the money is matched with other funds in any combination from any county, city, school district, health care facility or health care association.”

Laws 2008, ch. 121, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Editor's notes. —

Laws 1995, ch. 39, § 3(a), provides: “No agreements shall be entered into by the department of health under W.S. 9-2-118 and 9-2-119 on or after July 1, 1998.”

Laws 1995, ch. 39, § 3(b) provides: “The department of health shall administer agreements entered into under W.S. 9-2-118 and 9-2-119 prior to July 1, 1998, until satisfaction of all obligations and requirements thereunder.”

Social Security Act. —

The federal Social Security Act, referred to in this section, is codified throughout title 42 of the United States Code.

Wyoming Medical Assistance and Services Act. —

See § 42-4-101 et seq.

Appropriations. —

Laws 2004, ch. 106, § 2, appropriates $720,000 from the budget reserve account to the department of health to fund all three years of the loan repayment agreements specified in W.S. 9-2-118 and $240,000 to fund all three years of the loan repayment agreements specified in W.S. 9-2-119 . Notwithstanding W.S. 9-4-207(a), this appropriation is not to revert to the general fund at the end of any fiscal year. Section 2 additionally appropriates $30,000 from the budget reserve account to the department of health to administer the loan repayment program. The department is to report to the joint interim labor, health and social services interim committee by October 1, 2004, and October 1, 2005, on the administration of the loan repayment programs.

Laws 2006, ch. 118, § 3, appropriates funds as follows:

“(a) Three million dollars ($3,000,000.00)is appropriated from the budget reserve account to the departmentof health for loan repayments pursuant to W.S. 9-2-118 .

“(b) Two million dollars ($2,000,000.00) isappropriated from the budget reserve account to the department ofhealth for loan repayments pursuant to W.S. 9-2-119 .

“(c) Ninety-three thousand dollars ($93,000.00)is appropriated from the general fund to the department of healthand one (1) additional part-time position is authorized for the purposeof administering the physician and health care provider loan repaymentprograms pursuant to W.S. 9-2-118 and 9-2-119 .”

Am. Jur. 2d, ALR and C.J.S. references. —

Determination and application of correct legal standard in weighing medical opinion of treating source in Social Security disability cases, 149 ALR Fed 1.

§ 9-2-119. Allied health care provider loan repayment program.

1. The department is authorized to enter into agreements with health care providers licensed or certified to provide health care services in this state including, but not limited to, hospital, medical, surgical, dental, vision, nursing, radiology, mental health, speech language pathology and pharmaceutical services. The agreements shall:
   1. Require the health care provider to provide health care services in a community of the state from among a list of communities developed by the department. A health care provider shall agree to provide medical care for the period of the contract in underserved areas of the state and shall accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the health care provider is qualified to provide;
   2. Provide that the health care provider shall be repaid up to one hundred percent (100%) of the amount of outstanding educational loans the provider has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing medical services, not to exceed twenty thousand dollars ($20,000.00) per year, in exchange for practicing under the terms of this section;
   3. Require the health care provider to agree to provide health care services for a minimum of three (3) years under the agreement;
   4. Repealed by Laws 2005, ch. 148, § 2.
   5. Contain other provisions the department deems necessary or appropriate to accomplish the purposes of this section.
2. The department, in consultation with the appropriate licensing board and professional association, shall promulgate rules necessary to carry out the purposes of this section. In carrying out this section the department shall assess health care needs of the state by geographic areas and particular health care services required and shall prioritize and enter into agreements under this section accordingly.
3. The department may vary the terms of each agreement in accordance with this section based upon the community and the number of the health care provider’s patients whose cost of care is reimbursed under Title XVIII of the federal Social Security Act, the child health insurance program or the Wyoming Medical Assistance and Services Act.
4. Repealed by Laws 2006, ch. 118, §  2.
5. In selecting health care providers for agreements pursuant to this section, the department shall give priority when practical to qualified graduates of the University of Wyoming or a Wyoming community college.

History. Laws 1993, ch. 228, § 1; 2004, ch. 106, § 1; Laws 2005, ch. 148, §§ 1, 2; 2006, ch. 118, §§ 1, 2; 2007, ch. 203, § 1; 2015 ch. 89, § 1, effective July 1, 2015.

The 2004 amendment, effective July 1, 2004, in (a) substituted “certified” for “legally authorized,” and inserted “radiology, mental health” following “medical, surgical, dental, vision, nursing,” and in (a)(ii) inserted “including the matching funds specified in subsection (d) of this section” following “ten thousand dollars ($10,000.00) per year”; and in (d) substituted “twenty-five percent (25%) of the money is matched” for “the money is equally matched,” and substituted “health care facility or health care association” for “or hospital.”

The 2005 amendment, effective July 1, 2005, in (a)(i), inserted “Title XVIII of the federal Social Security Act” and deleted the former final sentence, which read: “The department of health, in consultation with the appropriate health care provider licensing boards, shall determine which areas of the state are underserved and which provider services are most needed in each underserved area”; repealed former (a)(iv), which prohibited a health care provider from discriminating against any patient whose cost of care is reimbursed under Title XVIII of the federal Social Security Act or the Wyoming Medical Assistance and Services Act; in (c), inserted “the health care provider's” and “child health insurance program,” and deleted “served by the health care provider” from the end; and made stylistic changes.

The 2006 amendment, effective July 1, 2006, inserted “speech language pathology” in the introductory language of (a); deleted “including the matching funds specified in subsection (d) of this section” following “per year”; in (a)(ii); substituted “appropriate licensing board and profession association” for “departmental advisory council” in (b); repealed former (d), which pertained to state money being expended for repayment of loans under this section; and added (e)(i).

The 2007 amendments. —

in (a)(ii) inserted “direct” following “provider has acquired as a” and inserted “undergraduate or postgraduate” preceding “educational training directly related.”

Laws 2007, ch. 203, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2007.

The 2015 amendment, effective July 1, 2015, in (a)(ii), substituted “twenty thousand dollars ($20,000.00)” for “ten thousand dollars ($10,000.00).”

Editor's notes. —

Laws 1995, ch. 39, § 3(a), provides: “No agreements shall be entered into by the department of health under W.S. 9-2-118 and 9-2-119 on or after July 1, 1998.”

Laws 1995, ch. 39, § 3(b), provides: “The department of health shall administer agreements entered into under W.S. 9-2-118 and 9-2-119 prior to July 1, 1998, until satisfaction of all obligations and requirements thereunder.”

Social Security Act. —

The federal Social Security Act, referred to in this section, is codified throughout.

Wyoming Medical Assistance and Services Act. —

See § 42-4-101 et seq.

Appropriations. —

Laws 2004, ch. 106, § 2, appropriates $720,000 from the budget reserve account to the department of health to fund all three years of the loan repayment agreements specified in W.S. 9-2-118 and $240,000 to fund all three years of the loan repayment agreements specified in W.S. 9-2-119 . Notwithstanding W.S. 9-4-207(a), this appropriation is not to revert to the general fund at the end of any fiscal year. Section 2 additionally appropriates $30,000 from the budget reserve account to the department of health to administer the loan repayment program. The department is to report to the joint interim labor, health and social services interim committee by October 1, 2004, and October 1, 2005, on the administration of the loan repayment programs.

Laws 2006, ch. 118, § 3, appropriates funds as follows:

“(a) Three million dollars ($3,000,000.00)is appropriated from the budget reserve account to the departmentof health for loan repayments pursuant to W.S. 9-2-118 .

“(b) Two million dollars ($2,000,000.00) isappropriated from the budget reserve account to the department ofhealth for loan repayments pursuant to W.S. 9-2-119 .

“(c) Ninety-three thousand dollars ($93,000.00)is appropriated from the general fund to the department of healthand one (1) additional part-time position is authorized for the purposeof administering the physician and health care provider loan repaymentprograms pursuant to W.S. 9-2-118 and 9-2-119 .”

Am. Jur. 2d, ALR and C.J.S. references. —

Determination and application of correct legal standard in weighing medical opinion of treating source in Social Security disability cases, 149 ALR Fed 1.

§ 9-2-120. [Renumbered.]

Renumbered as § 9-4-1203 by Laws 2000, ch. 52, § 2.

§ 9-2-121. [Renumbered.]

Renumbered as § 9-4-1204 by Laws 2000, ch. 52, § 2.

Editor's notes. —

Laws 2000, ch. 78, § 1, enacted § 9-2-121 . That section was renumbered as § 9-4-1204 by the Wyoming Legislative Service Office pursuant to W.S. 8-1-105 .

§ 9-2-122. Substance abuse control plan.

1. The department of health shall develop a detailed, comprehensive substance abuse control plan for prevention, early intervention and treatment designed to curb alcohol and controlled substance abuse in the state of Wyoming.
2. The department of health or contractor shall work, to the greatest extent feasible, in collaboration with the University of Wyoming statistical analysis center in determining appropriate data regarding early warning signs of substance abuse.
3. The plan shall also recommend how the services of schools, community mental health centers, social service providers, local health care providers, law enforcement, corrections and any other entities presently available in the state of Wyoming can better serve the state in responding to substance abuse problems. The substance abuse control plan should decrease the potential overlapping of these services while maintaining a collaborative effort among state and local governmental entities and other organizations to assure maximum leveraging of resources, including people and money. The plan should identify and address the filling of gaps in the continuum of needed services. The substance abuse control plan shall also include recommendations to the executive, legislative and judicial branches of the state of Wyoming regarding programs and funding determinations which those entities may make.
4. Repealed by Laws 2008, ch. 44, §  2.

History. Laws 2001, ch. 151, § 1; 2008, ch. 44, § 2.

The 2008 amendment, repealed former (d), pertaining to various reporting requirements to the legislature and legislative committees.

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

§ 9-2-123. Wyoming investment in nursing loan and grant program; eligibility criteria; procedures.

1. There is created the Wyoming investment in nursing program administered by the Wyoming community college commission created under W.S. 21-18-201 . The program shall be known as the WYIN program. Applicants shall be residents of this state or graduates of a Wyoming high school and may apply for loans from the WYIN program in accordance with this section.
2. To qualify for a loan under the WYIN program, the applicant shall first:
   1. Be accepted into a nursing education program at a Wyoming community college, the University of Wyoming, or, in the case of a candidate for a doctoral degree, an institution providing the required nursing education courses under contract with the western interstate commission for higher education or in a distance nursing education program at a university that is regionally accredited; and
   2. Apply for federal financial assistance and any employer-based financial assistance for which the applicant may be eligible. Wyoming community colleges shall allow students who apply for admission into an approved nurse aide training or nursing education program, and who will enroll in fewer than six (6) academic credit hours, to apply for federal financial assistance.
3. Subject to the availability of funds appropriated for this program, loans under the WYIN program may be granted to applicants enrolled or planning to enroll in nursing education programs as follows:
   1. An applicant who is accepted into a Wyoming licensed practical nurse or registered nursing education program or a baccalaureate degree program in nursing may be eligible for a loan to pay the unmet need, as determined by the Wyoming community college commission or its designee, of attendance at the licensed practical nursing education program or the registered nursing education program leading to an associate’s or baccalaureate degree;
   2. A registered nurse with a baccalaureate degree who holds an unencumbered license with the Wyoming board of nursing and is accepted into a nursing education program at the University of Wyoming leading to a master’s degree or doctorate level degree in nursing or nursing education may be eligible for a loan to pay the unmet need of attendance, as determined by the Wyoming community college commission or its designee, provided that in order to receive a loan for either program, the applicant shall agree to repay the loan by teaching nursing at a Wyoming community college or the University of Wyoming. If the applicant registered nurse is not accepted into a nursing education program at the University of Wyoming and upon approval of the Wyoming community college commission, the applicant registered nurse may be accepted into an accredited nursing education program at a university located outside of the state. Loans awarded for applicants accepted into programs outside of Wyoming shall not exceed the loan amounts available for programs at the University of Wyoming;
   3. A registered nurse with a master’s degree in nursing who holds an unencumbered license with the Wyoming board of nursing and is accepted into a nursing education program at an institution providing the required nursing education courses under contract with the western interstate commission for higher education or in a distance nursing education program at a university that is regionally accredited leading to a doctorate level degree in nursing may be eligible for a loan to pay the unmet need of attendance, as determined by the Wyoming community college commission or its designee, provided that in order to receive a loan for a doctorate level degree program, the applicant shall agree to repay the loan by teaching nursing at a Wyoming community college or the University of Wyoming.
4. A loan provided under this section shall not exceed the cost of attendance for the approved program, reduced by the amount of any Pell or other federal grant and any employer-based financial assistance received by the applicant.
5. A recipient of a WYIN loan under this section may repay the loan without cash payment by working in Wyoming as a nurse or nurse educator as provided in subsection (f) of this section. To qualify as repayment under this subsection, and except for graduate students as provided under subsection (q) of this section, work shall be performed within the following time periods which begin with the calendar month following the month in which the student completed the academic program:
   1. If the loan can be repaid with work of two (2) years or less, within three (3) years;
   2. If the loan can be repaid with work of greater than two (2) years, but no more than four (4) years, within five (5) years;
   3. If the loan can be repaid with work of greater than four (4) years, within the amount of time the loan could be repaid, plus two (2) years.
6. Qualified work under subsection (e) of this section shall be credited so that the student’s loan balance is reduced on the basis of one (1) year of full-time employment repaying the loan balance for one (1) academic year of full-time enrollment, or twelve thousand dollars ($12,000.00) of the loan, whichever is less. Qualified work shall be credited on a proportional basis.
7. Any recipient of a WYIN loan who fails:
   1. To complete the academic program for which the loan was provided shall commence cash repayment of the loan no later than forty-five (45) days after the recipient leaves the academic program;
   2. To obtain employment in the targeted occupation for which the person received the education within ninety (90) days after successfully passing the appropriate certification or licensure examination shall commence cash repayment of the loan within one hundred twenty (120) days after successfully passing the appropriate certification or licensure examination;
   3. The appropriate certification or licensure examination on the first attempt may retake the examination at the next available opportunity before commencing repayment of the loan. The recipient shall notify the Wyoming community college commission or its contractor of the intent to retake the examination and the date the examination will be taken. Any recipient of a WYIN loan who fails the examination after the second attempt shall commence cash repayment of the loan within forty-five (45) days after receipt of notification of the second failure by the board of nursing. If the recipient of a WYIN loan who fails the examination on the first attempt does not retake the examination at the next available opportunity, cash repayment shall commence within forty-five (45) days after the next available examination is conducted.
8. Loan repayment options under this section may be deferred for a period not to exceed four (4) years while a loan recipient is serving on full-time active duty with any branch of the military services of the United States.
9. The Wyoming community college commission shall have the powers and duties specified in W.S. 21-18-202 to implement this section and shall establish terms and conditions of loans issued under this section, including:
   1. Interest rates and loan terms;
   2. The form and process for loan application, review and award;
   3. Criteria under which students may be relieved from having to repay loans and interest thereon, in whole or in part, where the requirement to repay would cause undue hardship.
10. Funding of the loan program established under this section shall be by appropriation of the legislature. The Wyoming community college commission shall transfer approved loan amounts to the University of Wyoming and to Wyoming community colleges at which loan recipients are enrolled. In consultation with the university and affected community colleges, the commission shall establish procedures for transferring loan amounts and for reporting requirements on the expenditure of transferred loan amounts.
11. Cash repayment of loans and interest thereon shall be credited to the general fund.
12. The Wyoming community college commission shall annually review the loan program established under this section and report to the governor and the legislature in accordance with W.S. 9-2-1014 , regarding program results, funds received and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program.
13. Repealed by Laws 2019, ch. 60, §  2.
14. For the purposes of this section:
    1. Any person beginning a nursing education program as authorized by this section shall continue to receive funding for the program so long as the person remains eligible as required by this section;
    2. Repayment of loans provided under this section shall continue as specified in this section until all loan obligations have been satisfied.
15. A recipient of a WYIN loan under this section and attending a master’s or doctorate nursing level program may begin loan repayment through qualified work as authorized under subsections (e) and (f) of this section concurrently with enrollment in the nursing education program, subject to the following:
    1. If the recipient is enrolled in a master’s nursing degree program, the recipient shall perform qualified work for not less than one (1) year following completion of the education program;
    2. If the recipient is enrolled in a doctorate nursing degree program, the recipient shall perform qualified work for not less than two (2) years following completion of the education program.

History. Laws 2003, ch. 90, § 1; 2005, ch. 187, § 1; 2010, ch. 102, § 1; 2015 ch. 1, § 1, effective July 1, 2015; 2018 ch. 108, § 1, effective July 1, 2018; 2019 ch. 60, § 1, effective July 1, 2019; 2019 ch. 60, §§ 1, 2, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, substituted “community college commission” for “higher education assistance authority” and “Wyoming community college commission” for “authority” throughout the section; in (a), substituted “W.S. 21-18-201 ” for “W.S. 21-16-703 ”; in (c)(ii), inserted “with preference given to a registered nurse currently teaching at the University of Wyoming or a Wyoming college,” “the registered nurse,” and the last sentence; in (e), inserted “and except for graduate students as provided under subsection (q) of this section”; in (j), substituted “W.S. 21-18-202 ” for “W.S. 21-16-705 ”; and added (q).

The 2010 amendment, effective July 1, 2010, in (o), substituted “June 30, 2016” for “June 30, 2011.”

The 2015 amendment, effective July 1, 2015, in (c), deleted “has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a baccalaureate degree, with preference given to a registered nurse currently teaching at the University of Wyoming or a Wyoming college” following “Wyoming board of nursing,” deleted “the registered nurse” preceding “is accepted,” added “or doctorate level degree”, substituted “either” for “a master’s degree,” and “teaching nursing at a Wyoming community college” for “teaching at a Wyoming college” in (ii); deleted “has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a master's degree in nursing” following “Wyoming board of nursing,” and added “nursing” and “a Wyoming community college or” at the end of (iii); and in (o), substituted “2020” for “2016”.

The 2018 amendment, effective July 1, 2018, in(q)(i), substituted “than” for “that” following “not less.”

The 2019 amendments. — The first 2019 amendment, by ch. 60, § 1, effective July 1, 2019, in the introductory language in (p), substituted “For the purposes of” for “Notwithstanding subsection (o) of.”

The second 2019 amendment, by ch. 60, § 2, effective July 1, 2019, repealed former (o), which read: “This program created by this section shall expire effective June 30, 2020.”

Editor's notes. —

There is no subsection (i) or ( l ) in this section as it appears in the printed acts.

Laws 2003, ch. 85, § 1, and ch. 90, § 1, both added a § 9-2-123 . The provisions added by ch. 85 have been redesignated as § 9-2-124 at the direction of the legislative service office.

Appropriations. —

Laws 2004, ch. 95, § 311(d) provides that, notwithstanding W.S. 9-2-1008 , 9-2-1012(e) and 9-4-207(a), any unobligated monies appropriated from the general fund to the community college commission in 2003 Wyoming Session Laws, Chapter 90, Section 3(b) for the purposes of implementing W.S. 21-18-202(c)(vii) shall not revert on June 30, 2004, and are hereby appropriated to the Wyoming Higher Education Authority to implement the provisions of W.S. 9-2-123 for the period beginning July 1, 2004 and ending June 30, 2006.

Laws 2004, ch. 95, § 311(a), makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

Laws 2005, ch. 247, § 2, appropriates $400,000 from the school foundation program account to the Wyoming higher education assistance authority to implement the act. Not more than five percent (5%) of that amount may be used by the Wyoming higher education assistance authority for administration of the program, including expenses of the authority and loan administration fees. Section 2 further provides that if responsibility for administration of the Wyoming investment in nursing program under W.S. 9-2-123 is transferred to another state agency by enactment of legislation adopted during the 2005 general session, the appropriation under this section is transferred to that successor agency and the administration of the Wyoming teacher shortage loan repayment program is to be transferred to that successor agency, as well.

Laws 2005, ch. 247, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2005.

§ 9-2-124. Prescription drug consumer information and technical assistance program.

The prescription drug consumer information and technical assistance program is created within the department of health. The program shall provide Wyoming residents with advice on the prudent use of prescription drugs and how to access government and private prescription drug programs and discounts. The program shall include consultation by licensed pharmacists for individuals with respect to how the individuals may, with the approval of the appropriate prescribing health care professional, avoid dangerous drug interactions and substitute more cost effective drugs for the drugs prescribed.

History. Laws 2003, ch. 85, § 1.

Cross references. —

For the Drug Donation Program Act, see § 35-7-1601 et seq.

Editor's notes. —

Laws 2003, ch. 85, § 1, and ch. 90, § 1, both added a § 9-2-123 . The provisions added by ch. 85 have been redesignated as § 9-2-124 at the direction of the legislative services office.

Temporary provisions. —

Laws 2004, ch. 95, § 310, effective July 1, 2004, appropriates $20,000 from the general fund to the legislative service office to fund the preparation of two annual prescription drug cost containment reports. The department of health and legislative service office research staff are each to prepare a cost/benefit report on the savings realized and direct and indirect costs incurred in the implementation of any prescription drug cost-containment measure including but not limited to a preferred drug list, prior authorization, refill too soon program, lock-in program for narcotics, state maximum allowable cost program, or quantity limitations. The report will assess all therapeutic prescription drug classes that are currently subject to prior authorization and incorporate all prescription drug programs administered by the state. Costs and savings should include consideration of the following: (1) direct costs such as staffing, contracts and other resources used; (2) cost shifting to physicians in terms of added time spent in obtaining authorization for a selected course of therapy; (3) internal program cost shifting, including but not limited to additional prescriptions, laboratory tests, physician visits, hospitalization, and skilled nursing care that are associated with the implementation of the prior authorization program; (4) discussion of qualitative costs and benefits experienced by patients; and (5) direct state and federal prescription drug expenditure savings. The legislative service office and the department of health shall collectively agree upon the necessary data to be collected but the department of health will be solely responsible for all data collection as well as any related expenditures for data collection and preparation of the department's annual report. The legislative service office and the department of health will include recommendations for improvement of this evaluation process as a part of each annual report. The department of health and the legislative service office shall separately report their annual findings of this study to the joint appropriations interim committee and the joint labor, health and social services interim committee by December 1, 2004 and October 31, 2005.

§ 9-2-125. Client treatment records; confidentiality; limited disclosure permitted; definitions.

1. Client registration records and treatment records relating to persons receiving mental health or substance abuse treatment at a treatment facility under contract with the department shall remain confidential, except as provided in this section, W.S. 7-4-201(f), 28-8-107 , 28-8-108 and 28-8-111 .
2. The content of any record specified in subsection (a) of this section may be disclosed in accordance with the prior written consent of the person who is the subject of the record, but only to the extent, under the circumstances, and for the purposes as are allowed under the terms of the written consent.
3. The records specified in subsection (a) of this section shall be provided by the treatment facility or by another division within the department to the mental health division or the substance abuse division for the purpose of determining compliance with state or federal requirements and as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism or drug abuse.
4. Treatment records of a person may be released without informed written consent of the patient or his legal representative in the following circumstances:
   1. To an agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this paragraph shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the persons whose records are being released;
   2. For purposes of research as provided in W.S. 9-2-126 . Information obtained under this paragraph shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the persons whose records are being released;
   3. Within the treatment facility where the client is receiving treatment as necessary for the provision of mental health or substance abuse services;
   4. To a licensed physician or a licensed health care provider who has determined that the life or health of the client is in danger and that treatment without the information contained in the treatment records could be injurious to the client’s health. Disclosure under this paragraph shall be limited to the portions of the records necessary to meet the medical emergency;
   5. To a treatment facility that is to receive the client from another treatment facility. The release of records under this subsection shall be limited to the treatment records required by law and those treatment records as necessary for the provision of mental health and substance abuse services;
   6. To a correctional facility, the board of parole, a corrections employee or contractor who is responsible for the supervision of a person who is receiving mental health or substance abuse services. Release of records under this paragraph is limited to and as follows:
      1. An evaluation report provided pursuant to a written supervision plan;
      2. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan;
      3. When a person is returned from a treatment facility to a correctional facility or when a person under the supervision of the department of corrections is receiving mental health or substance abuse services from a treatment facility, the information provided under paragraph (v) of this subsection. Disclosure under this paragraph shall be made to clinical staff only;
      4. Any information necessary to establish or implement changes in the person’s treatment plan or the level or kind of supervision as determined by the department of corrections, the contractor or the board of parole. In cases involving a person transferred back to a correctional facility, disclosure under this paragraph shall be made to clinical staff only.
   7. To the person’s legal representative or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals or other actions relating to detention, admission, commitment or patient’s rights;
   8. Pursuant to lawful search warrant or other order issued by a court.
5. The department shall develop and maintain an information system to be used by the department and its divisions that includes a tracking method which allows the department and its divisions to identify mental health and substance abuse clients’ participation in any mental health or substance abuse services on an immediate basis. The information system shall not include individual client’s case history files. Confidentiality of client information shall be maintained to avoid identification of individual clients. The data elements shall be designed to provide information that is needed to measure performance and achieve service outcomes.
6. Nothing in this section shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, as established by rule and regulation of the department.
7. As used in W.S. 9-2-125 and 9-2-126 :
   1. “Department” means the department of health;
   2. “Individually identifiable” means that a record contains information which reveals or can likely be associated with the identity of the person or persons to whom the record pertains;
   3. “Legal representative” means a person legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent adult;
   4. “Registration records” means the records of the department, treatment facilities and other persons providing treatment services under contract with the department which identify persons who are receiving or who at any time have received treatment services for mental illness or substance abuse with monies provided under contract with the department;
   5. “Research” means a planned and systematic sociological, psychological, epidemiological or other scientific investigation carried out by a state agency, by a scientific research professional with a bona fide scientific research organization or by a graduate student currently enrolled in an academic degree curriculum, with an objective to contribute to scientific knowledge, the solution to health problems or the evaluation of public benefit and service programs. “Research” does not include record analysis and data collection that are subjective, do not permit replication and are not designed to yield reliable and valid results;
   6. “Treatment facility” means any community based program or service provider providing mental health or substance abuse services under contract with the department;
   7. “Treatment records” means registration, health care and all other records, in any form or medium, concerning persons who are receiving or who at any time have received mental health or substance abuse services from a treatment facility or other persons under contract with the department.

History. Laws 2007, ch. 76, § 1; 2019 ch. 78, § 2, effective July 1, 2019.

The 2019 amendment, effective July 1, 2019, in (a), deleted "and 35-2-605 through 35-2-617 " and made related changes.

Effective dates. —

Laws 2007, ch. 76, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 21, 2007.

Appropriations. —

Laws 2007, ch. 216, § 3, provides:

“(a) Only if 2007 House Bill 0133, departmentof health client information sharing, is enacted into law, there isappropriated three hundred sixty-three thousand two hundred dollars($363,200.00) in one-time funding, or as much thereof as necessary,from the general fund to the department of health as follows:

“(i) For the period beginning with the effectivedate of this act and ending June 30, 2007, there is appropriated fortythousand dollars ($40,000.00) to the department of health. The fundsappropriated under this paragraph shall be used to enable the mentalhealth division and the substance abuse division to continue developingthe client information system database, including compilation andconversion of client data as necessary for fiscal years 2005 through2007, to implement 2007 House Bill 0133;

“(ii) For the fiscal year beginning July 1,2007 and ending June 30, 2008, there is appropriated one hundred sixty-onethousand six hundred dollars ($161,600.00) to the mental health divisionto finalize the client information system database, to compile andprocess client information data through fiscal year 2008 and to distributefunding to community mental health providers under contract with thedivision as provided in paragraph (iv) of this subsection;

“(iii) For the fiscal year beginning July 1,2007 and ending June 30, 2008, there is appropriated one hundred sixty-onethousand six hundred dollars ($161,600.00) to the substance abusedivision to finalize the client information system database, to compileand process client information data through fiscal year 2008 and todistribute funding to community substance abuse treatment providersunder contract with the division as provided in paragraph (iv) ofthis subsection;

“(iv) Of the funds appropriated under paragraphs(ii) and (iii) of this subsection, not more than one hundred twentythousand dollars ($120,000.00) shall be distributed to community mentalhealth and substance abuse treatment providers under contract withthe division of mental health or the division of substance abuse toconform client data and submit the client data for inclusion in theclient information system developed by the department of health.

“This act is effectiveimmediately upon completion of all acts necessary for a bill to becomelaw as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 9, 2007.”

§ 9-2-126. Client treatment records; research; access; disclosure; penalties.

1. The department may authorize or provide access to or provide copies of an individually identifiable record for research purposes if informed written consent for the disclosure has been given to the department by the person to whom the record pertains or, in the case of minors and legally incompetent adults, the person’s legal representative.
2. The department may authorize or provide access to or provide copies of an individually identifiable record it has in its control or the registration or treatment records of a treatment facility for research purposes without the informed consent of the person to whom the record pertains or the person’s legally authorized representative, only if:
   1. The department adopts research review and approval rules including, but not limited to, the requirement that the research organization appoints a standing human research review board competent to review research proposals as to ethical and scientific soundness and the review board determines that the disclosure request has scientific merit and is of importance in terms of the agency’s program concerns, that the research purposes cannot be reasonably accomplished without disclosure of the information in individually identifiable form and without waiver of the informed consent of the person to whom the record pertains or the person’s legal representative, that disclosure risks have been minimized, and that remaining risks are outweighed by anticipated health, safety or scientific benefits;
   2. The disclosure does not violate federal law or regulations; and
   3. The department negotiates with the research organization receiving the records or record information a written and legally binding confidentiality agreement prior to disclosure. The agreement shall:
      1. Establish specific safeguards to assure the continued confidentiality and security of individually identifiable records or record information;
      2. Ensure that the research organization will report or publish research findings and conclusions in a manner that does not permit identification of the person whose record was used for the research. Final research reports or publications shall not include photographs or other visual representations contained in personal records;
      3. Establish that the research professional will destroy the individual identifiers associated with the records or record information as soon as the purposes of the research project have been accomplished and notify the department to this effect in writing;
      4. Prohibit any subsequent disclosure of the records or record information in individually identifiable form except as provided in subsection (c) of this section; and
      5. Provide for the signature of the research professional, of any of the research professional’s team members who require access to the information in identified form, and of the department official authorized to approve disclosure of identifiable records or record information for research purposes.
3. No research professional who has established an individually identifiable research record from record information pursuant to subsection (b) of this section, or who has established a research record from data or information voluntarily provided by a treatment facility under a written confidentiality assurance for the explicit purpose of research, may disclose the record in individually identifiable form unless:
   1. The person to whom the research record pertains or the person’s legal representative has given prior informed written consent for the disclosure;
   2. The research organization reasonably believes that disclosure will prevent or minimize injury to a person and the disclosure is limited to information necessary to protect the person who has been or may be injured, and the research organization reports the disclosure only to the person involved or the person’s guardian, the person’s physician and the department;
   3. The research record is disclosed in individually identifiable form for the purposes of auditing or evaluating a research program and:
      1. The audit or evaluation is authorized or required by federal or state law or regulation or is based upon an explicit provision in a research contract, grant or other written research agreement; and
      2. No subsequent disclosure of the research record in individually identifiable form will be made by the auditor or evaluator except as provided in this section; or
   4. The research record is furnished in compliance with a search warrant or court order, provided that:
      1. The court issues the search warrant or judicial subpoena concerning the research record solely for the purpose of facilitating inquiry into an alleged violation of law by the research organization using the record for a research purpose or by the agency; and
      2. Any research record obtained pursuant to this paragraph and any information directly or indirectly derived from the research record shall remain confidential to the extent possible and shall not be used as evidence in an administrative or judicial proceeding except against the research organization using the record for a research purpose or against the department.
4. Unauthorized disclosure, whether willful or negligent, by a research organization that has obtained an individually identifiable record or record information from the department or a treatment facility pursuant to subsection (b) of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than ten thousand dollars ($10,000.00), or both. All fines and penalties collected under this section shall be paid to the state treasurer and credited as provided in W.S. 8-1-109 . A patient, or in the case of a minor or legally incompetent person, the person’s legal representative, may maintain a civil action for damages for unauthorized disclosure of protected health information against any person or entity making such an unauthorized disclosure.
5. Nothing in W.S. 9-2-125 or 9-2-126 shall require the department to provide client registration records or client treatment records in a format that is not within the technological capabilities of the department at the time the request is made for such records.

History. Laws 2007, ch. 76, § 1.

Effective dates. —

Laws 2007, ch. 76, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 21, 2007.

§ 9-2-127. Community health centers and rural health clinics; process for grants facilitating capital construction, start up costs and equipment costs; account established; grant criteria.

1. There is created a process for grants facilitating capital construction and for start up costs and equipment costs of community health centers and rural health clinics. The process shall be administered by the Wyoming department of health, which shall award grants in accordance with this section and consistent with the requirements imposed for the receipt of any federal grants when applicable.
2. The primary care support account is created. The account shall consist of those funds appropriated to the account by the legislature and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the account. The account is specifically empowered to accept grants, gifts, transfers, bequests and donations. Funds in the account are continuously appropriated to the department for the purpose of providing grants under subsections (c) and (d) of this section.
3. The department shall establish by rule and regulation an application procedure and calendar for grants awarded under this section and adopt other rules as necessary to implement this section.
4. Any grants provided by the department under this section that are funded in whole or in part with state funds shall be subject to the following:
   1. Before submission to the department, and following public notice and a hearing, the application shall be approved by the board of county commissioners for the county in which the community health center or rural health clinic is located or proposed to be located;
   2. Grants may be made to community health centers and rural health clinics for one-time startup costs of a new center or clinic, for existing centers or clinics to expand the population served or initiate new services for existing or new centers or clinics to facilitate compliance with quality criteria. The grants shall be used for capital expenses, start up costs and equipment costs only and shall not be used for ongoing operating expenses;
   3. Grants to any one (1) center or clinic shall not exceed one million dollars ($1,000,000.00) of state funds;
   4. Grant applications shall include evidence of a commitment of local matching funds of at least twenty-five percent (25%) of the state funds grant amount in cash, in kind or both;
   5. Centers or clinics awarded a grant shall provide services to the public regardless of the ability to pay; and
   6. Repealed by Laws 2021, ch. 54, § 2.
   7. Grants shall be awarded only if the applicant can demonstrate an operating plan that integrates health care services within the entire service community to promote accessibility and quality of care. The plan shall provide for integration enhancement through the use of the Medicare and Medicaid electronic health records program, the small rural hospital improvement program and other similar programs.
5. A grant recipient under this section shall agree to provide health care services in an underserved community of the state, from among a list of communities developed by the department, for a period of at least three (3) years under the agreement. The recipient shall accept as its first priority and treat without reservation patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the health care provider is qualified to provide.
6. The department of health, office of rural health care, shall:
   1. Conduct outreach and education among persons, entities and groups interested in forming a community health center or rural health clinic and submitting a new access point grant application to the United States department of health and human services, health resources and services administration;
   2. Collect and maintain appropriate data regarding the primary care support program’s effect on improvements in community and rural health.
7. Repealed by Laws 2021, ch. 54, § 2.

History. Laws 2011, ch. 135, § 1; 2017 ch. 177, § 1, effective March 6, 2017; 2021 ch. 54, §§ 1, 2, effective April 1, 2021.

The 2017 amendment , in (g) substituted “June 30, 2021” for “June 30, 2017,” which extends the sunset repeal date.

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

The 2021 amendments. —

The first 2021 amendment, by ch. 54, § 1, in (a), added "for" preceding "start up," and equipment costs" following " costs" and ", which shall award grants in accordance with this section and consistent with the requirements imposed for the receipt of any federal grants when applicable" at the end; substituted "this section" for "subsection (d)" in (c); substituted "Any grants provided by the department under this section that are funded in whole or in part with state funds shall be" for "The department shall provide grants," in (d); in the last sentence of (d)(ii), substituted "expenses," for "and" and "costs and equipment costs" for "expenses"; and added "and" at the end of (d)(v).

Laws 2021, ch. 54, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 54, § 2, repealed (d)(vi), which read, "Grant applicants shall provide proof of designation as a rural health clinic or federally qualified community health center; and"; and repealed (g), which read, "This section is repealed effective April 1, 2021."

Laws 2021, ch. 54, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Appropriations. —

Laws 2011, ch. 135, § 2, provides: “(a) There is appropriated one million dollars ($1,000,000.00) from the general fund to the primary care support account. This appropriation shall be for the period beginning with the effective date of this act. This appropriation shall only be expended for the purpose of grants to community health centers and rural health clinics pursuant to W.S. 9-2-127 . Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Any unexpended monies in the account shall not revert but shall remain in the account to be expended for the purposes specified in this act.

“(b) There is appropriated one hundred ten thousand dollars ($110,000.00)from the general fund to the department of health. This appropriationshall be for the period beginning with the effective date of thisact and ending June 30, 2012. This appropriation shall only be expendedfor the purpose of administering the program created pursuant to W.S. 9-2-127 . Notwithstanding any other provision of law, this appropriationshall not be transferred or expended for any other purpose and anyunexpended, unobligated funds remaining from this appropriation shallrevert as provided by law on June 30, 2012.”

Effective dates. —

Laws 2011, ch. 135, § 3, makes the act effective July 1, 2011.

§ 9-2-128. Health care innovation; studies; account.

1. The department is authorized to carry out innovative studies relating to the following:
   1. Reduction of costs associated with long-term care, chronic disease or other health care services to the state of Wyoming;
   2. Allowing individuals in need of long-term care to remain in their homes and communities;
   3. Developing necessary long-term care or other health care services in Wyoming;
   4. Use of broadband internet to access health care services.
2. There is created the health care innovation account. Funds in the account may include any applicable federal funds and shall be used to carry out innovative studies under this section, subject to legislative appropriation.
3. Not later than September 30 of each year, the department shall provide a report to the joint labor, health and social services interim committee and the joint appropriations committee relating to funding and studies carried out under this section.
4. 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. 9-2-3204 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.
5. A person undertaking an innovative study under this section shall make available to the department all documents relating to the study for review upon request. Documents under this section containing any personally identifiable information or any trade secret shall not be subject to the Wyoming Public Records Act.
6. The department may adopt rules to implement this section, including specifying a method of application for funding and standards for program operation.
7. As used in this section:
   1. “Innovative study” means a randomized, controlled trial, pilot project, model or analysis conducted under scientific conditions for:
      1. Assessing a new approach to the provision of long-term care, care of chronic diseases, early detection or other health care services which have no substantially comparable, widely available analogue in Wyoming;
      2. Testing of noninvasive diagnostic equipment. As used in this paragraph, “noninvasive” means equipment that does not cause mental or physical effects on the human body.
   2. “Innovative study” shall not include the testing of pharmaceuticals, medical procedures or medical devices other than noninvasive diagnostic equipment.

History. 2019 ch. 175, § 1, effective March 8, 2019; 2021 ch. 56, § 3, effective April 1, 2021.

The 2021 amendment substituted "9-2-3204" for "9-2-1016" in the second sentence of (d).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Effective dates. —

Laws 2019, ch. 175 § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 8, 2019.

§ 9-2-129. Waiver of rules.

1. The department may waive existing rules as necessary to carry out an innovative study under W.S. 9-2-128 .
2. The department shall adopt rules specifying standards for a waiver under this section.

History. 2019 ch. 175, § 1, effective March 8, 2019.

Effective dates. —

Laws 2019, ch. 175 § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 8, 2019.

§ 9-2-130. Mental health and substance use disorder programming; department of corrections; criminal justice populations.

1. Pursuant to this section and W.S. 25-1-105(f) and (g), the department of health shall collaborate with the department of corrections to reduce recidivism rates for persons with behavioral health needs and substance use disorders who are involved in the criminal justice system and improve mental health and substance use disorder programming by:
   1. Creating a behavioral health services enhancement program for community providers to improve outcomes for persons involved in the criminal justice system through a separate contract, or in a separate provision in an existing contract, administered by the department of health;
   2. Adopting standardized, evidence based treatment practices and guidelines for treating and providing programming to persons involved in the criminal justice system with behavioral health and substance use needs;
   3. Increasing communication between the department of health, the department of corrections and contracted behavioral health providers working with persons involved in the criminal justice system;
   4. Promoting and requiring to the maximum extent practical and permissible under applicable laws and regulations the portability and universal recognition of mental health and substance use disorder assessment tools and other assessment tools that may be applicable to mental health and substance use disorder treatment; and
   5. Creating a competitive and outcomes based funding stream for behavioral health providers to:
      1. Expand existing services for criminal justice involved populations;
      2. Improve the quality and availability of services and programs;
      3. Train and develop the skills of providers and stakeholders working with persons who have behavior health needs and substance use disorders and who are involved in the criminal justice system.
2. This section shall not be interpreted to require the creation or maintenance of any duplicate functions, services or programs in the department of health and the department of corrections, but shall be interpreted with W.S. 25-1-105(f) and (g) to require coordination and collaboration between the agencies to assure the creation and maintenance of independent or coordinated functions, services and programs to meet the goals of this section and W.S. 25-1-105(f) and (g).

History. 2020 ch. 152, § 1, effective July 1, 2020.

Effective date. — Laws 2020, ch. 152, § 4, makes the act effective July 1, 2020.

§ 9-2-131. Wyoming health information exchange.

1. This section codifies the statewide health information exchange authorized by 2016 Wyoming Session Laws, Chapter 31, Section 048, except that the term “multi-payer” in that section shall not be codified or impose any requirements on the operation of the information exchange as provided for under this section. The department of health is authorized to administer and maintain the exchange to facilitate the secure and voluntary sharing of electronic health information between health care providers for the benefit of Wyoming residents.
2. The department may charge reasonable participation fees to participating entities, which shall not include individual patients, subject to the following:
   1. Fees shall be established by rule promulgated in accordance with the Wyoming Administrative Procedure Act;
   2. Fees shall be established in an amount sufficient to recoup the department’s costs for administering and maintaining the exchange in accordance with this section; and
   3. Fees collected by the department pursuant to this section shall be credited to a special revenue account, which shall be expended only for administration and maintenance costs associated with operating the statewide health information exchange.

History. 2021 ch. 29, § 1, effective July 1, 2021.

Effective date. —

Laws 2021, ch. 29, § 3, makes the act effective July 1, 2021.

§§ 9-2-201 through 9-2-210. [Repealed.]

Repealed by Laws 1985, ch. 235, § 3.

Editor's notes. —

These sections, which derived from Laws 1969, ch. 94, §§ 1, 4 to 6, 7 to 16, related to the department of economic planning and development.

§ 9-2-211. Purchase of storage capacity in Fontenelle Reservoir; governor authorized to contract therefor; powers of commission; limitations on negotiation of contracts for water use.

1. The governor may negotiate, execute and deliver a contract between the United States of America and the state for the purchase by the state of sixty thousand (60,000) acre-feet of storage capacity in Fontenelle Reservoir with any rights or appurtenances thereto. The total cost of the purchase shall not exceed nine million twenty-six thousand dollars ($9,026,000.00) for capital costs together with funded interest at the rate of two and six hundred thirty-two thousandths percent (2.632%) from December 31, 1968, to the date of the commencement of payments. All costs shall be paid in not more than forty (40) annual installments of principal plus interest at the rate of two and six hundred thirty-two thousandths percent (2.632%) per annum.
2. If the governor executes a contract under subsection (a) of this section, the water development commission may:
   1. Formulate and develop comprehensive plans for the development, utilization and sale to potential users of the yield of water stored in Fontenelle Reservoir;
   2. Consult with and advise water users of the availability of the yield of storage water from Fontenelle Reservoir and the most practicable methods of water development and distribution;
   3. Enter into contracts for furnishing the water yielded from the storage of Fontenelle Reservoir to water users based on their reasonable needs. All contracts for use of the water shall be approved by the governor and the state engineer;
   4. Set service rates charged for furnishing water from Fontenelle Reservoir. The revenue received from the charges shall be used to repay the contractual obligation of the state to the United States of America for the purchase of the water storage capacity and water rights. The service rates shall be sufficient to pay all costs, including cost of water, interest, operating costs and administration costs and to return to the state an amount equal to the maximum rate of interest then being received by the state on investment of its permanent funds;
   5. File with the state engineer’s office contracts negotiated with water users and provide the state engineer with information which will enable him to accurately account for and identify water sold and used pursuant to this section.
3. The water development commission may negotiate contracts with water users only where the proposed use can be accomplished in a manner which will not injure or impair valid existing water rights.
4. Repealed by Laws 1989, ch. 268, § 6.

History. Laws 1973, ch. 128, § 1; W.S. 1957, §§ 9-160.38, 9-160.39; Laws 1974, ch. 16, § 2; W.S. 1977, §§ 9-3-320, 9-3-321; Laws 1982, ch. 62, § 3; 1985, ch. 235, § 2; 1989, ch. 268, § 6; 1990, ch. 44, § 2.

Cross references. —

As to duties of state engineer, see § 9-1-902 .

§§ 9-2-301 and 9-2-302. [Repealed.]

Repealed by Laws 1998, ch. 6, § 5.

Editor's notes. —

These sections, which derived from Laws 1947, ch. 93, §§ 1 and 3, related to the creation and membership of the Wyoming Travel Commission.

§ 9-2-303. [Repealed.]

Repealed by Laws 1990, ch. 44, § 3; Laws 1998, ch. 6, § 5.

Editor's notes. —

This section, which derived from Laws 1947, ch. 93, § 4, related to the director of the Wyoming travel commission.

§§ 9-2-304 and 9-2-305. [Repealed.]

Repealed by Laws 1998, ch. 6, § 5.

Editor's notes. —

These sections, which derived from Laws 1947, ch. 93, § 5 and Laws 1965, ch. 78, § 1, related to the powers and duties of the Wyoming Travel Commission, and charges for promotional materials.

§ 9-2-306. [Renumbered.]

Amended and renumbered as § 9-12-401 by Laws 1998, ch. 6, § 4.

§ 9-2-401. Definitions.

1. As used in W.S. 9-2-401 through 9-2-415 :
   1. Repealed by Laws 1991, ch. 55, § 2.
   2. “Department” means the department of state parks and cultural resources;
   3. “Director” means the director of the department;
   4. “Political subdivision” means a county, municipality, special district or other local government entity;
   5. “Public  record” includes the original and all copies of any paper,  correspondence, form, book, photograph, photostat, film, microfilm, scan, sound recording, map, drawing or  other document, regardless of physical, digital or electronic form or characteristics, which  have been made or received in transacting public business by the state,  a political subdivision or an agency of the state;
   6. “Commission” means the Wyoming parks  and cultural resources commission.

History. Laws 1953, ch. 143, § 10; W.S. 1957, § 9-208; Laws 1959, ch. 77, § 1; 1973, ch. 86, § 1; W.S. 1977, §§ 9-3-960, 9-3-980, 9-3-987; Laws 1979, ch. 40, § 1; 1982, ch. 62, § 3; 1989, ch. 140, § 2; 1990, ch. 44, § 2; 1991, ch. 29, § 3; ch. 55, § 2; 1999, ch. 69, § 2; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

As to public records generally, see chapter 4 of title 16.

The 2017 amendment , in the middle of (a)(v), inserted “scan,” and inserted “digital or electronic”; and added (a)(vi).

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

What are administrative staff manuals and instructions to staff that affect members of public that must be disclosed under the Freedom of Information Act (FOIA) (5 USCS § 552(a)(2)(C)), 139 ALR Fed 299.

What are “records” of agency which must be made available under Freedom of Information Act (5 USC § 552(a)(3)) 153 ALR Fed 571.

§§ 9-2-402 and 9-2-403. [Repealed.]

Repealed by Laws 1991, ch. 55, § 2.

Editor's notes. —

These sections, which derived from Laws 1953, ch. 143, §§ 1 and 2, related to the state library, archives, museums and historical board.

§ 9-2-404. Creation of department; director; references to department.

1. The state archives, museums and historical sections within the department are created and shall be in the charge of the director. The director is subject to the Wyoming Government Reorganization Act of 1989.
2. The director shall:
   1. Be a college graduate who has had work in social science and history or has educational and administrative experience satisfactory to the commission;
   2. Perform the duties of the state historian, state archivist and museum curator;
   3. Have an official seal as director which shall be used to authenticate all official documents, instruments and official acts of the department.
3. The director may:
   1. Appoint necessary deputies, assistants and employees;
   2. Acquire by gift, devise, bequest, donation, purchase, lease or otherwise, money, books, manuscripts and other personal property of historical value. He shall hold and own the property in the name of the state and provide for its restoration, care and preservation;
   3. Sell books, pamphlets, papers, pictures or other material produced by the department;
   4. Operate sales desks, or contract under terms determined by the commission with nonprofit and charitable corporations, to sell materials relevant to the interpretation of museums and historic sites;
   5. Do anything necessary to implement W.S. 9-2-404 through 9-2-415 .
4. The proceeds received from sales authorized in subsection (c) of this section shall be deposited in the general fund of the state.
5. Any statute or legal or other document which refers to the state archives and historical department means the department of state parks and cultural resources which is the successor agency to state archives, museums and historical department.

History. Laws 1953, ch. 143, §§ 10, 13 to 15; W.S. 1957, §§ 9-198, 9-208, 9-211, 9-212; Laws 1973, ch. 245, § 3; 1977, ch. 141, § 1; W.S. 1977, §§ 9-3-901, 9-3-960, 9-3-963, 9-3-964; Laws 1979, ch. 40, § 1; 1982, ch. 62, § 3; 1989, ch. 140, § 2; 1990, ch. 44, § 2; 1991, ch. 29, § 3; 1999, ch. 69, § 2; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

As to transfer of public records to state archives, see § 9-2-408 .

As to depositing books with state librarian or director of state archives, museums and historical department, see § 9-2-1026 .6.

The 2017 amendment , substituted “commission” for “board” in (b)(i) and (c)(iv).

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

Wyoming Government Reorganization Act. —

See §§ 9-2-1701 , 9-2-1703(a)(x).

Stated in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 9-2-405. Classifications of public records.

1. Public records shall be classified as follows:
   1. Official public records include:
      1. All original vouchers, receipts and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, use and disposition of all public property and public income from all sources whatsoever;
      2. All agreements and contracts to which the state or any agency or political subdivision thereof is a party;
      3. All fidelity, surety and performance bonds in which the state is a beneficiary;
      4. All claims filed against the state or any agency or political subdivision thereof;
      5. All records or documents required by law to be filed with or kept by any agency of the state; and
      6. All other documents or records determined by the records committee to be official public records.
   2. Office files and memoranda include:
      1. All records, correspondence, exhibits, books, booklets, drawings, maps, blank forms or documents not defined and classified as official public records;
      2. All duplicate copies of official public records filed with any agency of the state or political subdivision thereof;
      3. All documents and reports made for the internal administration of the office to which they pertain but not required by law to be filed or kept with the agency; and
      4. All other documents or records determined by the records committee to be office files and memoranda.

History. Laws 1959, ch. 77, § 1; W.S. 1957, § 9-212.1; W.S. 1977, § 9-3-980; Laws 1982, ch. 62, § 3.

Cross references. —

As to duties of records committee, see § 9-2-411 .

As to public records generally, see ch. 4 of title 16.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-406. Director; management of public records.

1. The director shall properly manage and safely keep all public records in his custody, and administer the state archives. He shall:
   1. Manage the archives of the state;
   2. Centralize the archives of the state to make them available for reference and scholarship and to insure their proper preservation;
   3. Inspect, inventory, catalog and arrange retention and transfer schedules on all record files of all state departments and other agencies of state government;
   4. Maintain and secure all state public records and establish safeguards against unauthorized removal or destruction;
   5. Establish and operate state record centers for preserving, servicing, screening and protecting all state public records which must be preserved temporarily or permanently, but which need not be retained in office space and equipment. Centers established and operated pursuant to this paragraph may include one (1) or more digital repositories for temporary or permanent digital records;
   6. Gather and disseminate to interested agencies information on all phases of records management and current practices, methods, procedures and devices for efficient and economical management of records;
   7. Establish and operate a state imaging center in which all public records may be scanned or microfilmed. The center shall scan or microfilm public records approved by the head of the office of origin and by the director. All state departments, agencies and political subdivisions thereof shall consult with the director prior to scanning or microfilming within the departments, agencies or political subdivisions and shall comply with the standards for all scanning and microfilming which shall be established by the state archives. The center may scan or microfilm records which are required to be kept a specified length of time or permanently, or to be destroyed by specific methods or under specific supervision. When records are scanned or microfilmed, the reproductions may be substituted for the original documents and retained in lieu of the original documents and the original documents may be destroyed. One (1) copy shall be made and sent to the director whenever any process is used to reproduce public records scheduled for permanent retention with the intent of disposing of the original or copies of the original;
   8. Maintain necessary facilities for the review of records approved for destruction and their economical disposition by any method approved by the records committee, and supervise the destruction of public records.

History. Laws 1959, ch. 77, § 2; W.S. 1957, § 9-212.2; Laws 1963, ch. 117, § 11; W.S. 1977, § 9-3-981; Laws 1982, ch. 62, § 3; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

For meaning of “director,” see § 9-2-401(a)(iii).

As to transfer of public records to state archives, see § 9-2-408 .

The 2017 amendment , in (a)(v), inserted “Centers established and operated pursuant to this paragraph may include one (1) or more digital repositories for temporary or permanent digital records” and made a related change; rewrote (a)(vii); and in (a)(viii), substituted “any method approved by the records committee” for “sale, shredding or burning.”

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-407. Director; duties regarding public records in his custody.

1. The director shall collect, arrange and make available to the public at reasonable times in his office in original or reproduced form, all records in his custody not restricted by law, including official records of the state and its political subdivisions, of the United States or of foreign nations. He is the legal custodian of all public records in the custody of the commission.
2. The director may designate an employee of the department to serve as state archivist who may perform all the duties of the director under this act with respect to state records and archives. The director shall furnish certified copies or photocopies of records in his custody on payment in advance of fees prescribed by the department. Copies of public records transferred pursuant to law from the office of their origin to the custody of the director when certified under seal by the director to be true, complete and correct have the same legal force and effect as evidence as if certified by their original custodian, and shall be admissible in all courts and before all tribunals the same as the originals thereof.
3. The director has the right of reasonable access to and may examine all public records in Wyoming. He shall examine into and report to the commission on their condition. He shall require their custodians to put them in the custody and condition prescribed by law and to secure their custody, the recovery of records belonging to their offices, the delivery of records to their successors in office and the adoption of sound practices relative to the long-term preservation of records.

History. Laws 1953, ch. 143, § 11; W.S. 1957, § 9-209; W.S. 1977, § 9-3-961; Laws 1982, ch. 62, § 3; 1990, ch. 44, § 2; 2001, ch. 177, § 1; 2017 ch. 59, § 1, effective March 1, 2017.

The 2017 amendment , in (a), inserted “or reproduced,” deleted “copied or microfilm copies of negatives” preceding “all records in,” and deleted “Wyoming parks and cultural resources” following “custody of the”; in (c), substituted “commission” for “board,” and substituted “long-term preservation of records” for “use of durable paper and ink, fireproof filing facilities and photographic processes for recording and copying.”

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

Meaning of “this act.” —

“This act,” referred to in the first sentence in subsection (b), refers to Laws 1990, ch. 44, which appears as various sections throughout titles 9, 11, 18, 31, 35 and 36. For tables of comparative sections, see volume 11 of the Wyoming Statutes Annotated.

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes legitimate research justifying inspection of state or local public records not open to inspection by general public, 40 ALR4th 333.

Exhaustion of administrative remedies as prerequisite to judicial action to compel disclosure under state freedom of information acts, 114 ALR5th 283.

Legal services provided by law students as basis for award of attorneys' fees or other litigation costs in action under Freedom of Information Act (5 USC § 552(a)(4)(E)), 73 ALR Fed 732.

When are government records “similar files” exempt from disclosure under Freedom of Information Act provision (5 USC § 552(b)(6)) exempting certain personnel, medical and “similar” files, 106 ALR Fed 94.

What are administrative staff manuals and instructions to staff that affect members of public that must be disclosed under the Freedom of Information Act (FOIA) (5 USC § 552(a)(2)(C)), 139 ALR Fed 299.

What are “records” of agency which must be made available under Freedom of Information Act (5 USC § 552(a)(3)) 153 ALR Fed 571.

§ 9-2-408. Transfer of public records to archives; transfer of records of uncollectible accounts receivable to department; duties of department thereto.

1. All public records, not required in the current operation of the office where they are made or kept, and all records of every public office of the state, agency, commission, committee or any other activity of the state or political subdivisions which are abolished or discontinued, shall be transferred to the state archives. The transfer of records shall be in accordance with standards and procedures issued by the records committee and subject to an agreement that ensures the safety, preservation and public availability of the records. Any public officer in Wyoming may deliver to the director for preservation and administration records in his custody if the director is willing and able to receive and care for them.
2. and (c) Repealed by Laws 1985, ch. 221, § 2.

History. Laws 1959, ch. 77, § 3; W.S. 1957, § 9-212.3; Laws 1973, ch. 52, § 1; W.S. 1977, § 9-3-982; Laws 1982, ch. 62, § 3; 1985, ch. 221, § 2; 2001, ch. 177, § 1; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

For meaning of “department,” see § 9-2-401(a)(ii).

As to the legislative service office audit division, see §§ 28-8-107 , 28-8-108 .

The 2017 amendment , in (a), deleted “or to a recognized supplementary depository agency, selected by the Wyoming parks and cultural resources commission” at the end of the first sentence; inserted “The transfer of records shall be in accordance with standards and procedures issued by the records committee and subject to an agreement that ensures the safety, preservation and public availability of the records”; and made a related change.

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

§ 9-2-409. Designation of records officer by state departments or agencies; duties.

Each department or agency of the state government shall designate a records officer who shall supervise the departmental records program, review record retention schedules and represent the office in all departmental matters before the records committee. The records officer and the director shall prepare transfer schedules for the transfer of public records to the records centers or to the archives.

History. Laws 1959, ch. 77, § 4; W.S. 1957, § 9-212.4; W.S. 1977, § 9-3-983; Laws 1982, ch. 62, § 3; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

For meaning of “director,” see § 9-2-401(a)(iii).

As to records committee, see § 9-2-411 .

The 2017 amendment, inserted “review record retention schedules,” and deleted “who shall” preceding “represent the office.”

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

§ 9-2-410. Records as property of state; delivery by outgoing officials and employees to successors; management and disposition thereof.

All public records are the property of the state. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with W.S. 9-2-405 through 9-2-413 .

History. Laws 1959, ch. 77, § 5; W.S. 1957, § 9-212.5; W.S. 1977, § 9-3-984; Laws 1982, ch. 62, § 3.

§ 9-2-411. Records committee created; composition; expenses; meetings; action by majority vote; duties as to retention and disposition of public records.

The records committee is created to be composed of the director or his deputy, who shall act as chairman and secretary of the committee, the attorney general or his appointee and the director of the state department of audit or his appointee. Committee members shall serve without additional salary, but shall be entitled to traveling expenses incurred incident to committee business. Expenses shall be paid from the appropriations made for operation of their respective departments or offices. The records committee shall meet upon call by the chairman at least once every quarter. Action by the committee shall be by majority vote and records shall be kept of all committee business. When the disposition of records is considered by the records committee, it shall ascertain the recommendations of the head of the department or the departmental records officer. The records committee shall approve, modify or disapprove the recommendations on retention schedules of all public records and act upon requests to destroy any public records. Any modification of a request or recommendation shall be approved by the head of the agency originating the request or recommendation. The department shall provide forms, approved by the records committee, upon which it shall prepare recommendations to the committee in cooperation with the records officer of the department or other agency whose records are involved. The records committee may issue to state departments, agencies and political subdivisions thereof guidelines and best practices on records management and digital preservation.

History. Laws 1959, ch. 77, § 6; W.S. 1957, § 9-212.6; W.S. 1977, § 9-3-985; Laws 1982, ch. 62, § 3; 1991, ch. 240, § 1; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

For meaning of “department” as referred to near the beginning of last sentence in section, see § 9-2-401(a)(ii).

As to meal, lodging and traveling expenses of state officers and employees, see § 9-3-102 .

As to examination of accounts, see art. 4, § 14, Wyo. Const.

As to disposition of original papers by clerks of court, see § 5-7-103 .

As to meetings of governmental agencies generally, see §§ 16-4-401 to 16-4-407 .

As to state banking commissioner, see § 13-1-601 .

The 2017 amendment , deleted “Upon written request of the department or agency head, the director shall furnish the film or a copy of the film to be retained by the department if deemed necessary or expedient by the records committee” following “request or recommendation”; and inserted the last sentence.

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

§ 9-2-412. Destruction or disposition of public records; procedure.

Public records of the state and political subdivisions shall be disposed of in accordance with W.S. 9-2-411 . The records committee may approve a departmental written request upon proper and satisfactory showing that the retention of certain records for a minimum period of ten (10) years is unnecessary and uneconomical. Recommendations for the destruction or disposition of office files and memoranda shall be submitted to the records committee upon approved forms, prepared by the records officer of the agency concerned and the director. The committee shall determine the period of time that any office file or memorandum shall be preserved and may authorize the state archives to arrange for its destruction or disposition.

History. Laws 1959, ch. 77, § 7; W.S. 1957, § 9-212.7; Laws 1973, ch. 86, § 2; W.S. 1977, § 9-3-986; Laws 1982, ch. 62, § 3; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

As to disposition of original papers by clerks of court, see § 5-7-103 .

The 2017 amendment , at the end of the paragraph, substituted “state archives” for “division of archives, records management and centralized microfilm.”

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

Division of archives, records management and centralized microfilm. —

The division of archives, records management and centralized microfilm, referred to in the last sentence, does not exist. This is an apparent reference to the state archives, museums and historical department, created in § 9-2-404 , and its central microfilm division, established by the director of the department pursuant to § 9-2-406 .

§ 9-2-413. Reproduction of public records of political subdivisions.

1. Subject to this section and with the approval of the governing body of the political subdivision, any department, agency, board or individual of any political subdivision may record or copy by any permanent reproductive process approved by the director as required in subsection (c) of this section any public record which the department, agency, board or individual of the political subdivision records, keeps, retains, or is by law, rule or regulation required to record, keep or retain for a period of years or permanently. The permanent reproduction is deemed the original or official copy of the public record so reproduced for all purposes. If any department, agency, board or individual of any political subdivision is required to record any writing or document in books or on other forms, recording done directly onto a permanent storage medium in lieu of the other required form of recordation constitutes compliance with the requirement. One (1) copy shall be made and sent to the director whenever any process is used to reproduce public records with the intent of disposing of the original or copies of the original. One (1) copy of all permanent reproductions shall be retained by the governmental entity or officer having custody of the writings or papers thus recorded or copied as the official copy.
2. If any document is presented for recording or notation in public records the document shall, after recording, be returned to the party from whom it was received. If the party cannot be located or refuses to accept it, the document shall be disposed of in accordance with W.S. 9-2-411 .
3. Prior to adopting any reproductive process, the governing body of a political subdivision shall consult with the director. If any of the public records which are reproduced pursuant to this section are permanent records or, under the laws, rules or regulations in effect at the time of reproduction, are required to be transferred at a later date to any agency or department of the state, the reproductive process shall be approved by the director as one which clearly and accurately makes copies that will last the time they are to be kept, or can be subsequently reproduced without distortions that substantially affect their legibility.
4. If the original documents are disposed of as allowed by law, the permanent reproduction retained by the local governmental entity or official shall be stored in a safe place and protected from destruction. Reproductions shall be available to the public for inspection in the same manner as the original documents would have been, and sufficient access shall be available to the public to permit inspection.
5. The clerk of district court shall not reproduce, for official record purposes, the files of any action or proceeding kept in his office until two (2) years have lapsed since the initial filing in the action or proceeding. The clerk of district court may make certified or other copies of documents in his office for individuals or officials.
6. In recording, reproducing or copying any public records as authorized by this section and in disposing of the originals or copies, no restrictions or provisions of law regarding recording, reproducing or copying, or the disposition of originals or copies inconsistent with this section apply to the governmental entity or its officers, agents and employees.

History. Laws 1973, ch. 86, § 1; W.S. 1957, § 9-212.7:1; W.S. 1977, § 9-3-987; Laws 1982, ch. 62, § 3; 2017 ch. 59, § 1, effective March 1, 2017.

Cross references. —

For meaning of “director,” see § 9-2-401(a)(iii).

As to disposition of original papers by clerks of court generally, see § 5-7-103 .

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes legitimate research justifying inspection of state or local public records not open to inspection by general public, 40 ALR4th 333.

The 2017 amendment , deleted “microfilm, microphotograph, microphotographic, photostatic” and similar language throughout; in (a), substituted “process approved by the director as required in subsection (c) of this section” for “device,” substituted “One (1) copy” for “A master negative of microfilm or microphotographs” preceding “shall be made, inserted “and sent to the director,” deleted “The master negative shall be sent to the director” following “copies of the original,” and substituted “permanent reproductions” for “master negatives” in the last sentence; in (d), substituted “the permanent reproduction” for “the set of official microfilm,” substituted “Reproductions” for “The official microfilm” at the beginning of the second sentence, and substituted “access” for microfilm and microphotographic readers or other suitable devices.”

Laws 2017, ch. 59, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 1, 2017.

§ 9-2-414. Department of commerce; powers and duties relative to museums, historical sites and parks.

1. The director may:
   1. Assemble and collect archaeological and ethnological collections, relics of the history of the state and material illustrative of the natural history of the state, and works of art;
   2. Preserve, repair and display in an orderly and educational manner the materials in the possession of the department;
   3. Store and maintain these materials in the Wyoming state museum, the Wyoming state art gallery and other facilities.
2. The department shall:
   1. Supervise, maintain, restore, interpret and control museums or historical sites;
   2. Prepare and arrange all items, objects, furnishings and information in the museums and historical sites;
   3. Furnish and supervise employees in the museums and historical sites;
   4. Approve and perform or supervise restorations, improvements, changes and alterations of museums, historic sites and parks under the control of the department;
   5. Interpret historic sites, museums and parks by arranging and preparing all items, objects, furnishings and information relating to historic sites, museums and parks;
   6. Assume and exercise responsibilities as the state historic preservation officer (SHPO), including supervising and assisting the Wyoming consulting committee on nominations to the national register of historic places and to implement the National Historic Preservation Act of 1966 (Public Law 89-665; 80 Stat. 915; 16 U.S.C. § 470 et seq.), as amended;
   7. Research and prepare legends for all historic monuments and markers;
   8. Consult with the parks and cultural resources commission on archives, museums and historical related activities.
3. As used in this section, “museums” and “historical sites” includes Trails End, Fort Fetterman, Historic Governor’s Mansion, Fort Phil Kearney (including the Wagon Box Fight Site and Fetterman Massacre Site), Wyoming State Museum and Fort Bridger.

History. Laws 1953, ch. 143, § 12; W.S. 1957, §§ 9-210, 9-212.2; Laws 1959, ch. 77, § 2; 1963, ch. 117, § 11; 1969, ch. 12, § 1; W.S. 1977, §§ 9-3-962, 9-3-981; Laws 1982, ch. 62, § 3; 1987, ch. 20, § 1; 1990, ch. 44, § 2; 1991, ch. 55, § 1.

Cross references. —

For meaning of “director,” see § 9-2-401(a)(iii).

As to the Wyoming parks and cultural commission, see §§ 36-4-101 through 36-4-115 and 36-4-117 through 36-4-123 .

§ 9-2-415. Director; duties relative to promotion of history of state and region.

1. The director shall:
   1. Collect books, maps, charts, documents, manuscripts, other papers and any obtainable documentary material illustrative of the history and development of the state and region;
   2. Collect, compile and publish data of the events which mark the progress of Wyoming from its earliest day to the present time, through the medium of a state historical periodical, to be published as and when the board directs;
   3. Procure facts and statements relative to the history and ethnology of the Indian tribes and other inhabitants within the state;
   4. File and carefully preserve all the historical data collected or obtained and arrange and classify it so it is readily accessible for disseminating historical or biographical information requested by the public;
   5. Accept and receive gifts;
   6. Promote the founding and development of a state historical society and of county historical societies; and
   7. Create and maintain local and statewide interest in the history of the state and region.

History. Laws 1953, ch. 143, § 13; W.S. 1957, § 9-211; W.S. 1977, § 9-3-963; Laws 1982, ch. 62, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-416. [Repealed.]

Repealed by Laws 1991, ch. 29, § 6.

Editor's notes. —

This section, which derived from Laws 1959, ch. 26, §§ 1 through 4, related to various duties of the state library, archives, museums and historical board.

§§ 9-2-417 and 9-2-418. [Renumbered.]

Renumbered as 9-2-1026 .6 and 9-2-1026 .7 by Laws 1991, ch. 29, § 4.

§ 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. 9-2-3210 through 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).

History. Laws 1959, ch. 77, § 8; W.S. 1957, § 9-212.8; W.S. 1977, § 9-3-988; Laws 1982, ch. 62, § 3; 1991, ch. 29, § 3; 1998, ch. 34, § 1; 2021 ch. 56, § 3, effective April 1, 2021.

The 2021 amendment substituted “9-2-3210” for “9-2-1026.5” and “9-2-3212” for “9-2-1026.7.”

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

§§ 9-2-420 through 9-2-425. [Renumbered.]

Renumbered as 9-2-1026 .8 through 9-2-1026 .13 by Laws 1991, ch. 29, § 5.

§§ 9-2-501 through 9-2-503. [Repealed.]

Repealed by Laws 1994, ch. 48, § 2.

Cross references. —

For state telecommunications council, see § 9-2-1026 .2.

Editor's notes. —

These sections, which derived from Laws 1967, ch. 166, §§ 1, 2, and 3, related to the Wyoming educational television commission.

§§ 9-2-601 and 9-2-602. [Renumbered.]

Renumbered as 9-12-501 and 9-12-502 by Laws 2002, ch. 2, § 1.

§ 9-2-603. Wyoming council for women’s issues; creation; areas of attention.

1. The Wyoming council for women’s issues is created within the department of workforce services. The council for women’s issues shall focus attention on the status of women in Wyoming with emphasis on the following areas:
   1. Employment practices;
   2. Educational opportunities;
   3. Home and community;
   4. Legal rights and responsibilities.
2. As used in this article, unless otherwise specified, “council” means the Wyoming council for women’s issues.

History. Laws 1969, ch. 150, § 1; W.S. 1957, § 9-229.1; Laws 1977, ch. 36, § 1; W.S. 1977, § 9-3-1201; Laws 1982, ch. 62, § 3; 1990, ch. 63, § 2; Rev. W.S. 1977, § 9-2-601 ; 2002 Sp. Sess., ch. 2, § 1; renumbered from Wyo. Stat. § 9-12-501 by 2022 ch. 10, § 1, effective March 8, 2022.

The 2022 amendment, added “Wyoming council for women's issue” in the section heading and made related changes; and substituted “department of workforce services” for “Wyoming business council” in the first sentence of the introductory language of (a).

Laws 2022, ch. 10, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 8, 2022.

§ 9-2-604. Membership; term; appointments; vacancies; removal; officers; acceptance of gifts and donations; expenses.

1. The council shall be composed of fourteen (14) members, each of whom shall serve for a term of six (6) years. The governor shall make the appointments and fill any vacancies for unexpired terms. The governor may remove any member as provided in W.S. 9-1-202 . The council shall be composed of one (1) woman from each of the judicial districts in the state, four (4) persons chosen at large and the director of the department of workforce services or the director’s designee who shall be an ex officio member. Not more than seventy-five percent (75%) of the members shall be from the same political party. Of the initial members appointed from each of the judicial districts, three (3) members shall be appointed for terms of two (2) years, three (3) members shall be appointed for terms of four (4) years and three (3) members shall be appointed for terms of six (6) years.
2. The council shall elect a chairman and vice-chairman from its members. The department of workforce services may employ a secretary on a part-time basis to assist the council. The council may accept gifts and donations.
3. Members of the council shall receive no compensation but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties.

History. Laws 1969, ch. 150, §§ 2, 4; W.S. 1957, §§ 9-229.2, 9-229.4; Laws 1971, ch. 9, § 1; 1977, ch. 36, § 1; W.S. 1977, §§ 9-3-1202, 9-3-1204; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1989, ch. 139, § 2; 1990, ch. 63, § 2; 2000, ch. 40, § 1; Rev. W.S. 1977, § 9-2-602; 2002 Sp. Sess., ch. 2, § 1; 2016 ch. 119, § 1, effective July 1, 2016; renumbered from Wyo. Stat. § 9-12-502 by 2022 ch. 10, § 1, effective March 8, 2022.

The 2016 amendment, effective July 1, 2016, substituted “seventy-five percent (75%) of the” for “four (4)” in (a).

The 2022 amendment, substituted “director of the department of workforce services or the director's” for “chief executive officer of the Wyoming business council or his” in the third sentence of (a); and “department of workforce services” for “Wyoming business council” in the second sentence of (b).

Laws 2022, ch. 10, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 8, 2022.

Editor's notes. —

Laws 2016, ch. 119 § 3, provides: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

§ 9-2-701. Commissioners; appointment; term; residence; removal; vacancies; expenses; annual report.

1. The governor may appoint three (3) commissioners to the national conference of commissioners on uniform state laws. Commissioners shall serve three (3) year terms. Each commissioner shall reside in a different judicial district. The governor may remove any commissioner as provided in W.S. 9-1-202 . Vacancies shall be filled by the governor for the unexpired term.
2. Each commissioner may be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in attending any annual conference. Each commissioner shall report annually to the governor on the transactions and recommendations of the conference.

History. Laws 1915, ch. 136, § 1; C.S. 1920, § 4574; R.S. 1931, § 103-701; Laws 1943, ch. 115, § 1; C.S. 1945, § 18-1601; W.S. 1957, § 9-241; W.S. 1977, § 9-3-1301; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1.

§ 9-2-702. Contribution for expenses of national conference.

Each year, an amount determined by the legislature shall be paid to the national conference of commissioners on uniform state laws as the state’s contribution to the expenses of the conference.

History. Laws 1915, ch. 136, § 2; C.S. 1920, § 4575; R.S. 1931, § 103-702; C.S. 1945, § 18-1602; W.S. 1957, § 9-242; W.S. 1977, § 9-3-1302; Laws 1982, ch. 62, § 3.

§ 9-2-801. Definitions.

1. As used in W.S. 9-2-801 through 9-2-810 :
   1. “Geology” means as defined by W.S. 33-41-102(a)(vi);
   2. “Geologist” means as defined by W.S. 33-41-102(a)(iv).
   3. Repealed by Laws 1997, ch. 170, § 2.

History. Laws 1977, ch. 151, § 1; W.S. 1957, § 9-248.1; W.S. 1977, § 9-3-1401; Laws 1982, ch. 62, § 3; 1991, ch. 203, § 2; 1997, ch. 170, §§ 1, 2; 2000, ch. 48, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-802. [Repealed.]

Repealed by Laws 1997, ch. 170, § 2.

Editor's notes. —

This section, which derived from Laws 1977, ch. 151, § 1, related to preparation and approval of reports containing geological information.

§ 9-2-803. State geologist; appointment; term; removal; pecuniary interest in mineral property in state prohibited; duties; powers.

1. The state geologist shall be appointed by the governor with the consent of the senate. He shall hold his office for six (6) years or until his successor is appointed and qualified. No person shall be appointed to this position unless he is a professional geologist as defined by W.S. 9-2-801(a)(ii) with the theoretical knowledge and the practical experience and skill for the position. The governor may remove the state geologist as provided in W.S. 9-1-202 .
2. Neither the state geologist nor the geological program manager shall hold a pecuniary interest in a producing or prospective mineral property of any kind, including oil and gas, in this state.
3. The state geologist shall:
   1. Examine and report on any state or school lands when requested by the board of land commissioners and make written reports concerning the geology of any lands in which Wyoming is interested and on other matters about which the respective state boards desire information;
   2. Perform all other acts provided by the laws of Wyoming relating to mineral deposits;
   3. Make valuation surveys, investigations, appraisements and reports on the mineral resources of the state;
   4. Keep in his office full and complete records of all work done by him or under his supervision, all of which shall be the property of the state;
   5. Publish all reports, maps and data he considers advisable and of public interest, and distribute the reports, maps and data to the public upon request either free or at a reasonable price;
   6. Regarding roadside bedrock geological formations shall:
      1. Receive, investigate and attempt to resolve any complaints under W.S. 24-1-118(b)(iii);
      2. Report grievances under W.S. 24-1-118(b)(iii) to the joint minerals, business and economic development interim committee;
      3. Consult with the department of transportation as provided in W.S. 24-1-118(b)(iv) on the appropriateness of any signage identifying roadside bedrock geological formations.
4. The state geologist may:
   1. Designate and supervise mining operations on state and school lands in the interest of economic development;
   2. Cooperate with the United States government, departments of the state of Wyoming, University of Wyoming or private corporations in geological, topographic, soil and mineral surveys, and in industrial investigations and examinations that may bring about further economic development of the mineral resources of the state. The cooperative activities of his office may be accomplished on whatever basis he determines but in no case shall the cost to the state exceed fifty percent (50%) of the cost of the activity.

History. Laws 1901, ch. 45, §§ 1, 4, 9; C.S. 1910, §§ 208, 211, 216; Laws 1919, ch. 72, § 1; C.S. 1920, §§ 221, 224, 226; Laws 1927, ch. 90, § 1; R.S. 1931, §§ 109-1001, 109-1004, 109-1007; Laws 1933, ch. 33, § 1; C.S. 1945, §§ 18-1201, 18-1204, 18-1205; Laws 1947, ch. 129, § 1; W.S. 1957, §§ 9-249, 9-252, 9-253; Laws 1973, ch. 215, § 1; 1977, ch. 151, § 2; W.S. 1977, §§ 9-3-1403, 9-3-1406, 9-3-1407; Laws 1979, ch. 17, § 2; 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1991, ch. 122, § 1; 2000, ch. 48, § 2; 2019 ch. 64, § 1, effective November 1, 2019; 2019 ch. 186, § 3, effective November 1, 2019.

Cross references. —

As to board of land commissioners, see art. 18, § 3, Wyo. Const. and § 36-2-101 .

For provisions as to protections of prehistoric ruins, pictographs, hieroglyphics or any other ancient markings or writings or archaeological and paleontological deposits, see § 36-1-114 .

For duty of state geologist to visit and report upon lands held under coal and mineral leases, see § 36-6-105 .

The 2019 amendment, effective November 1, 2019, in (c)(iv), substituted “of the state;” for “of the state; and” and added (c)(vi).

Repealing clauses. —

Section 10, ch. 45, Laws 1901, repealed all laws and parts of laws in conflict with that act.

Section 3, ch. 72, Laws 1919, repealed all laws and parts of laws in conflict with that act.

Section 3, ch. 90, Laws 1927, repealed all laws and parts of laws in conflict with that act.

§ 9-2-804. Geological survey; created; location of office and headquarters.

A geological survey of Wyoming is created. The office and headquarters of the geological survey shall be in Laramie, Albany County, Wyoming, and may be located at the University of Wyoming.

History. Laws 1969, ch. 189, § 1; W.S. 1957, § 9-264.1; W.S. 1977, § 9-3-1420; Laws 1982, ch. 62, § 3.

§ 9-2-805. Geological survey; duties; disposition of materials and specimens collected.

1. The geological survey shall:
   1. Study the geological formations and rocks of the state with special reference to its metallic and nonmetallic resources;
   2. Examine the topography and physical features of the state focusing on the way people use the land;
   3. Seek a comprehensive understanding of the geology of and fossils in the state;
   4. Prepare and publish:
      1. Reports and maps of the geology and mineral resources of the state;
      2. Reports and maps of the topography and physical features of the state;
      3. Special reports, with necessary illustrations and maps, of the geology of and fossils in the state;
      4. Comprehensive summaries or digests, together with bibliographies and maps, of all literature and reports heretofore published on the geology and mineral resources of Wyoming.
   5. Distribute to the public on request publications and maps either free or at prices determined by the geological survey;
   6. Furnish advice and consulting services to state departments, agencies and officers;
   7. Contract with Wyoming state agencies, industry, federal and state geological surveys for services involving any of the foregoing purposes or areas.
2. The geological survey shall deposit in the geological museum of the University of Wyoming all materials and specimens after the purposes of the geological survey have been served. Duplicates may be distributed to scientific and industrial institutions under regulations adopted by the state geologist and the geological survey board.

History. Laws 1969, ch. 189, § 2; W.S. 1957, § 9-264.2; W.S. 1977, § 9-3-1421; Laws 1982, ch. 62, § 3.

Cross references. —

For provision recognizing the desirability of collecting, analyzing and organizing studies, information and data concerning mineral deposits, geological formations and mining and milling operations in the state, see § 30-2-302 .

§ 9-2-806. Geological survey; state geologist as chief administrative officer; duties; appointment of employees.

1. The state geologist is the chief administrative officer of the geological survey. With the advice of the geological survey board, the state geologist shall:
   1. Supervise the functions of the geological survey;
   2. Establish policy for the geological survey.
2. With the consent of the board and within the appropriation allowed by law, the state geologist may appoint employees necessary to assist him and the board.

History. Laws 1969, ch. 189, § 3; W.S. 1957, § 9-264.3; W.S. 1977, § 9-3-1422; Laws 1979, ch. 44, § 1; 1982, ch. 62, § 3.

Cross references. —

As to state geologist, see § 9-2-803 .

§ 9-2-807. Geological survey board; created; membership; term; qualifications; removal; vacancies; election of officers; meetings; quorum; compensation; expenses; duties.

1. The geological survey board is created. The board consists of eight (8) members, including the governor, the president of the University of Wyoming or his designee, the state oil and gas supervisor and five (5) members appointed for four (4) year terms by the governor with the consent of the senate. The five (5) members shall be qualified electors of the state who possess the knowledge, experience and skill to qualify them for the position. The governor may remove any appointed member as provided in W.S. 9-1-202 . Vacancies shall be filled by the governor for the unexpired term. The state geologist is an ex officio member of the board.
2. At each March meeting, the board shall elect from its members a president, a vice-president and a secretary.
3. The board shall hold meetings in March, June, September and December. Special meetings may be called by the president or by a majority of the members of the board. A majority of the members of the board constitutes a quorum.
4. The five (5) public members of the board shall receive no compensation but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties.
5. The board shall:
   1. Assist the state geologist in formulating and directing policies and programs of the geological survey;
   2. Adopt reasonable rules and regulations for the administration of W.S. 9-2-804 through 9-2-810 .

History. Laws 1969, ch. 189, §§ 4 to 7; W.S. 1957, §§ 9-264.4 to 9-264.7; W.S. 1977, §§ 9-3-1423 to 9-3-1426; Laws 1979, ch. 17, § 2; 1982, ch. 62, § 3; 1987, ch. 175, § 1; 2000, ch. 48, § 2; 2001, ch. 33, § 1; 2016 ch. 119, § 1, effective July 1, 2016.

Cross references. —

As to meetings of governmental agencies generally, see §§ 16-4-401 to 16-4-407 .

As to state oil and gas supervisor, see § 30-5-108 .

The 2016 amendment , effective July 1, 2016, deleted “but not more than three (3) of whom shall be from the same political party” at the end of the first sentence of (a).

§ 9-2-808. Geological survey; authority to cooperate and exchange information; cost.

The geological survey may cooperate and exchange information with and contract with the United States geological survey, state geological surveys, departments of the state of Wyoming, the University of Wyoming, private industry, scientific institutions and foundations for projects or undertakings which will further the purposes of the geological survey. The cost to the state of Wyoming shall in no case exceed the amount approved therefor by the board.

History. Laws 1969, ch. 189, § 8; W.S. 1957, § 9-264.8; W.S. 1977, § 9-3-1427; Laws 1982, ch. 62, § 3.

Cross references. —

As to creation and duties of geological survey board, see § 9-2-807 .

§ 9-2-809. Geological survey; use of University of Wyoming students for field expeditions; expenses.

The geological survey may organize field expeditions to perform work for the geological survey using University of Wyoming students who are sufficiently advanced in their study of geology to be able to perform the work. Field expedition expenses shall be paid from a general fund appropriation upon authorization by the board.

History. Laws 1969, ch. 189, § 9; W.S. 1957, § 9-264.9; Laws 1973, ch. 245, § 3; W.S. 1977, § 9-3-1428; Laws 1982, ch. 62, § 3.

Cross references. —

As to creation and duties of geological survey board, see § 9-2-807 .

§ 9-2-810. Legislative declaration of cooperation with United States geological survey.

It is the policy of the state of Wyoming to cooperate in the topographic mapping of the state of Wyoming with the topographic division of the United States geological survey in a program to secure accurate topographic maps of the state and to speed up this mapping.

History. Laws 1955, ch. 163, § 1; W.S. 1957, § 9-265; W.S. 1977, § 9-3-1440; Laws 1982, ch. 62, § 3.

§ 9-2-901. Creation; membership; appointment; removal; qualifications; recommendations thereto; definitions.

1. The Wyoming arts council board is created as an advisory board within the department of state parks and cultural resources, consisting of ten (10) members appointed by the governor and confirmed by the senate who are removable by the governor as provided in W.S. 9-1-202 . The members shall be residents of Wyoming who are known for their competence and experience in the arts.
2. In making appointments, due consideration shall be given to the recommendations made by representative civic, educational and professional associations and groups, concerned with or engaged in the productions or presentation of the performing and fine arts generally.
3. As used in this article:
   1. “Board” means the Wyoming arts council board created in subsection (a) of this section;
   2. “Department” means the department of state parks and cultural resources.

History. Laws 1967, ch. 188, § 1; W.S. 1957, § 9-276.18:4; W.S. 1977, § 9-3-1801; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2009, ch. 101, § 1.

The 2009 amendment, effective July 1, 2009, in (a) deleted “council on the” preceding “arts” and inserted “council board” thereafter, substituted “board” for “council” following “advisory” and inserted “and confirmed by the senate” following “governor” in the first sentence and substituted “in the arts” for “in all fields of the performing and fine arts” in the second sentence, and added (c).

§ 9-2-902. Terms of members; vacancies; chairman and vice-chairman; expenses; personnel.

1. The term of office of each member of the board is three (3) years. Vacancies shall be filled by the governor for the unexpired term. The board shall select from its membership a chairman and vice-chairman. The members of the board shall receive no compensation, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for travel and per diem expenses incurred in the performance of their duties.
2. Repealed by Laws 1989, ch. 140, § 3.

History. Laws 1967, ch. 188, §§ 2, 3; W.S. 1957, §§ 9-276.18:5, 9-276.18:6; W.S. 1977, §§ 9-3-1802, 9-3-1803; Laws 1982, ch. 62, § 3; 1989, ch. 140, § 3; 2009, ch. 101, § 1.

The 2009 amendment, effective July 1, 2009, substituted “board” for “council” in (a).

§ 9-2-903. Duties of department; duties of board.

1. The department, in consultation with the board, shall:
   1. Stimulate and encourage throughout the state the study and presentation of the performing and fine arts and develop public interest and participation therein;
   2. Make surveys of public and private institutions engaged within the state in:
      1. Artistic and cultural activities, including music, theater, dance, painting, sculpture, architecture; and
      2. Allied arts and crafts such as photography, literature, creative writing, poetry, films, television, radio, sound recording, costume and fashion design, industrial design, ceramic design and folk art.
   3. Develop appropriate methods and programs to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
   4. Encourage public interest in the cultural heritage of our state and expand the state’s cultural resources;
   5. Encourage and assist freedom of artistic expression essential for the well-being of the arts;
   6. Administer and acquire works of art for public buildings in accordance with W.S. 16-6-801 through 16-6-805 .
2. Repealed by Laws 2009, ch. 101, § 2.
3. The board may:
   1. Work with the department to encourage and facilitate public interest in the cultural heritage of the state and to expand the state’s cultural resources;
   2. Advise the department on program planning and policy formulation including fiscal policies;
   3. Participate in the development and review of long and short range plans for the arts in Wyoming and advise the department in developing policies to implement those plans;
   4. Make recommendations to the director of the department and administrator of the division of cultural resources within the department on the selection of the manager of the Wyoming arts council program;
   5. Appoint committees and task forces to carry out any duties deemed necessary by the board;
   6. Chair grant review committees or panels and approve the membership of grant review panels, committees and artist rosters;
   7. Consider recommendations of grant review committees and panels and approve grants to artists, arts organizations and other applicants;
   8. Review and recommend to the department a budget for arts programs and advise the department on the allocation of state and federal funds;
   9. Review and recommend arts programs, approve guidelines for programs and oversee the arts grant making functions of the department;
   10. Actively promote and advocate for the arts throughout the state and the region.

History. Laws 1967, ch. 188, § 4; W.S. 1957, § 9-276.18:7; Laws 1973, ch. 215, § 1; W.S. 1977, § 9-3-1804; Laws 1982, ch. 62, § 3; 1990, ch. 44, § 2; 1991, ch. 171, § 2; ch. 172, § 2; 1999, ch. 69, § 2; 2009, ch. 101, §§ 1, 2.

The 2009 amendment, effective July 1, 2009, in the introductory language of (a) deleted “of state parks and cultural resources” following “department” and substituted “board” for “council”, in (a)(iii) substituted “Develop” for “make recommendations concerning” and inserted “and programs”; repealed former (b) pertaining to the duties of the Wyoming council of the arts; and added (c).

§ 9-2-904. Powers; receipt of assistance and data; receipt of money and property.

1. The board may:
   1. Hold public hearings;
   2. and (iii) Repealed by Laws 2009, ch. 101, § 2.
   3. Appoint advisory committees as it deems necessary to carry out its duties.
2. The department of state parks and cultural resources may request and shall receive from any department, division, board, bureau, commission or agency of the state assistance and data which will enable it properly to carry out its powers and duties hereunder.
3. The department may receive any money or property of any kind or character, donated, granted or bequeathed to the board, the department or to the state of Wyoming for the purposes of furthering the objectives of the department’s arts program. Money received and the proceeds of other property received under this subsection shall be deposited in a separate revenue account to be expended upon legislative appropriation for purposes of this article.
4. The department may:
   1. Hold public hearings;
   2. Enter into contracts for services and award grants furthering the objectives of the department’s arts program; and
   3. Enter into contracts with local and regional associations for cooperative endeavors furthering the objectives of the department’s arts program.
5. The department is designated as the official state agency for purposes of receiving and disbursing any federal funds made available for purposes of this article.

History. Laws 1967, ch. 188, §§ 5, 7; W.S. 1957, §§ 9-276.18:8, 9-276.18:10; Laws 1974, ch. 16, § 2; W.S. 1977, §§ 9-3-1805, 9-3-1807; Laws 1982, ch. 62, § 3; 1989, ch. 140, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2009, ch. 101, §§ 1, 2.

The 2009 amendment, effective July 1, 2009, in the introductory language of (a) substituted “board” for “council”, in (a)(i) deleted “and private” preceding “hearings”, repealed former (a)(ii) and (a)(iii) concerning authority for entering into contracts, and added (a)(iv); in (c) substituted “board, the department” for “council” and “arts program” for “programs” in the first sentence and added the second sentence; and added (d).

Subarticle B Endowments

§ 9-2-905. [Repealed.]

History. Laws 1991, ch. 171, § 1; 2009, ch. 101, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-906. [Repealed.]

History. Laws 1991, ch. 171, § 1; 2005, ch. 231, § 1; 2009, ch. 101, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-907. [Repealed.]

History. Laws 1991, ch. 171, § 1; 2009, ch. 101, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-908. [Repealed.]

History. Laws 1991, ch. 171, § 1; 1995, ch. 199, § 1; 2009, ch. 101, § 1; 2011, ch. 176, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-909. [Repealed.]

History. Laws 1991, ch. 171, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-910. [Repealed.]

History. Laws 1991, ch. 171, § 1; 2009, ch. 101, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-911. [Repealed.]

History: Laws 1991, ch. 171, § 1; repealed by 2014 ch. 110, § 103, effective July 1, 2014.

§ 9-2-1001. Creation. [Renumbered]

History. Laws 1971, ch. 203, § 1; W.S. 1957, § 9-276.18:49; W.S. 1977, § 9-3-2001; Laws 1979, ch. 10, § 2; 1982, ch. 62, § 3; 1991, ch. 29, § 3; renumbered to Wyo. Stat. § 9-2-3201 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1001.1. Creation.

The state budget department is created.

History. 2021 ch. 56, § 2, effective April 1, 2021.

Effective date. —

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

§ 9-2-1002. Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.

1. As used in this act:
   1. “Agency” means an office, department, board, commission or operating unit of the executive branch of state government;
   2. “Department” means the state budget department;
   3. “Entity” means any governmental unit, special district, corporation, partnership or person which will receive a legislative appropriation, directly or indirectly, excluding the legislature, the judiciary and the Wyoming department of transportation, game and fish department, counties, municipalities and school districts;
   4. “Exception budget” means a budget prepared by an entity containing requests for appropriations which vary from the standard budget as prepared by the 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;
   5. “Executive branch” means the executive department of state government established by article 2, section 1 of the Wyoming constitution;
   6. Repealed by Laws 1997, ch. 178, § 2.
   7. “Legislature” means the legislative department of state government established by article 2, section 1 of the Wyoming constitution;
   8. “Judiciary” means the judicial department of state government established by article 2, section 1 of the Wyoming constitution;
   9. “Standard budget” means a budget enabling an entity to continue to furnish the same level of services during the ensuing biennium and shall reflect the revenue or appropriation necessary to provide the services. The budget shall include all personnel approved in the preceding biennial budget, a supportive service category and the amount of revenue generated by the entity during the preceding biennium and estimated revenue for the ensuing biennium regardless of the fund to which the monies were deposited. The standard budget shall not include any personnel other than those specifically authorized in the preceding biennial budget. The standard budget shall not include requests for any equipment, any special projects and services nor any requests for special or nonrecurring funding. The limitations regarding authorized personnel and equipment requests in this paragraph shall not apply to the University of Wyoming. The standard budget shall:
      1. Reflect and identify any reductions to expenditures made pursuant to W.S. 9-2-1014 .2 in the previous fiscal biennium;
      2. Be reduced by any amount transferred from contingent appropriations pursuant to W.S. 9-2-1014 .2 or an appropriation under W.S. 9-2-1014.3 to any fund or account and expended from the fund or account to support services of the standard budget in the previous fiscal biennium.
   10. “This act” means W.S. 9-2-1001 .1 through 9-2-1014.2;
   11. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(a)(vii).
   12. “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 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;
   13. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(a)(viii).
   14. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(a)(ix).
   15. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(a)(x).
   16. “Outstanding obligation legally incurred” means a financial obligation, chargeable to the current biennium’s appropriation, that has been lawfully incurred and for which appropriated funds have been reserved but not paid during that biennium. An “outstanding obligation legally incurred” shall include the following:
       1. A master service agreement, master price agreement or other contract was executed or purchase order issued for goods or services but the goods were not received, or the services were not rendered, and paid for during the same biennium;
       2. Goods or services were received pursuant to a purchase order or other contract, but an invoice was not received and paid during the same biennium;
       3. Goods or services and an invoice were received, but payment could not be made during the same biennium;
       4. Salaries were earned and were payable, but were not paid as of the end of the biennium as a result of pay periods not being consistent with the end of the biennium, except that higher education institutions may encumber payrolls for the remainder of the summer session which is in progress at the end of the state’s biennium if they have been budgeted and appropriated in such manner;
       5. A written agreement for a grant, loan or award to distribute funds was signed but the funds were not distributed during the same biennium;
       6. A written offer to provide a grant, loan or award to distribute funds was made and upon execution of an agreement a legally binding obligation to distribute the funds would be incurred, but the agreement was not signed by all parties during the biennium.
   17. “Budget shortfall” means probable receipts from taxes or other sources of revenue for any fund or account will be less than were anticipated and that those receipts, plus existing revenues in the fund or account which are available, will be less than the amount appropriated;
   18. “Contingent appropriation” means an appropriation of funds from the legislative stabilization reserve account which specifically identifies W.S. 9-2-1014.2 in the provision of law making the appropriation. The law providing the contingent appropriation may provide additional conditions on the expenditure of the appropriation, beyond those otherwise provided by law;
   19. “Structural budget deficit” means that anticipated taxes and other revenues for a fiscal biennium from traditionally available revenues sources are:
       1. Less than appropriations for the general operations of state government for the corresponding fiscal biennium; or
       2. Are projected to be less than the expenses of the general operations of state government, assuming the same appropriations for general operations as made in the previous fiscal biennium from traditionally available revenue sources plus any increases for those operations required by existing law.
   20. “Traditionally available revenue sources” means those revenues identified in W.S. 9-2-1013 (d)(ii) which are estimated to be deposited or credited to a state fund or account in the two (2) year budget period, and excluding revenues excluded under W.S. 9-2-1013(d) and any balances in any account or fund existing prior to the first day of the fiscal period;
   21. “Consensus revenue estimating group” means one (1) or more representatives of the legislative and executive departments of state government, created by agreement of the governor and the legislature to estimate and forecast revenues available to the state for appropriation;
   22. “Fund balance,” “unappropriated fund balance” or “unobligated, unencumbered fund balance,” notwithstanding cash or fund balances reflected in the state of Wyoming’s comprehensive annual financial report, means:
       1. The fund cash and petty cash balance from the comparative balance sheet by fund report which is run within five (5) business days following the close of the prior fiscal year;
       2. Less the fund balance reserved encumbrances from the comparative balance sheet by fund report which is run within five (5) days following the close of the prior fiscal year;
       3. Less the remaining unspent appropriations from that fund for previous biennia, including those unspent appropriations from the most recent legislative session that were effective immediately, as computed by the state auditor’s office;
       4. Less fund reversions as computed by the state auditor’s office;
       5. Less restricted cash as determined by the state auditor’s office;
       6. Plus the net accounts receivable due from the federal government or other entities as of June 30 from the most recently completed fiscal year, as computed by the state auditor’s office;
       7. Plus mineral severance taxes, if any, to be distributed to the fund that have been earned in the most recently completed fiscal year but have not yet been distributed, as determined by the department of revenue;
       8. Plus sales and use taxes, if any, to be distributed to the fund that have been earned in the most recently completed fiscal year but have not yet been distributed, as determined by the department of revenue;
       9. Plus federal mineral royalties, if any, to be distributed to the fund that have been earned in the most recently completed fiscal year but have not yet been distributed, as determined by the state treasurer’s office.
   23. “Approved budget” means:
       1. An agency’s request for an appropriation for a program and for which an appropriation is made in whole or in part;
       2. The governor’s recommended appropriation for an agency program developed pursuant to W.S. 9-2-1010 through 9-2-1013 and for which an appropriation is made in whole or in part;
       3. A budget for a program as developed by the state budget department and approved by the governor for appropriations for which no budgeted request was submitted.
   24. “Program” means a line appropriation within a general appropriation act of the legislature as so designated;
   25. “Public welfare emergency” means a sudden financial calamity or other occurrence, either of which:
       1. Was not foreseeable or predictable at the time of preparation and adoption of the budget and the passage of appropriation measures during the general or budget session of the legislature immediately preceding the occurrence of the emergency;
       2. Demands immediate action to insure the proper functioning of state government or to protect the health, safety or welfare or economic well-being of the public or against the loss of essential public services; and
       3. For which other funds are not available for expenditure or insufficient to meet the needs of the emergency.
2. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(b).
3. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(c).
4. Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-3202(d).

History. Laws 1971, ch. 203, §§ 2, 3, 14; W.S. 1957, §§ 9-276.18:50, 9-276.18:51, 9-276.18:62; Laws 1975, ch. 174, § 1; 1976, ch. 26, § 1; 1977, ch. 180, § 2; W.S. 1977, §§ 9-3-2002 Sp. Sess., 9-3-2003, 9-3-2014; Laws 1979, ch. 10, § 2; 1980, ch. 63, § 200; 1982, ch. 62, § 3; 1989, ch. 178, §§ 2, 3; 1991, ch. 29, § 3; ch. 241, § 3; 1992, ch. 71, § 1; 1997, ch. 178, §§ 1, 2; 2000, ch. 33, § 1; 2001, ch. 17, § 1; 2008, ch. 11, § 1; 2009, ch. 129, § 1; 2012, ch. 30, § 4; 2014 ch. 8, § 1, effective July 1, 2014; 2016 ch. 118, § 2, effective July 1, 2016; 2017 ch. 52, § 1, effective July 1, 2017; 2018 ch. 54, § 1, effective July 1, 2018; 2021 ch. 56, §§ 3, 4, 5, effective April 1, 2021; 2021 ch. 124, § 2, effective April 6, 2021.

The 2008 amendment, effective July 1, 2008, inserted “except as provided in W.S. 23 1 502(d)” in (a)(iii).

The 2009 amendment, effective July 1, 2009, substituted “9-2-1022(a)(xi)(F)” for “9-2-1022(a)(xi)(E)” in (a)(xi).

The 2012 amendment, repealed (d)(iv), which read: “Information technology division.”

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The 2014 amendments. —

The first 2014 amendment, by ch. 8, § 1, effective July 1, 2014, added (a)(xvi).

The second 2014 amendment, by ch. 44, § 1, effective July 1, 2014, added (a)(xiii) through (a)(xv).

This section is set out as reconciled by the Wyoming legislative service office.

The 2016 amendment, effective July 1, 2016, inserted “The standard budget shall” at the end of (a)(ix); added (a)(ix)(A) and (a)(ix)(B); and added (a)(xvii) through (a)(xxi).

The 2017 amendment , effective July 1, 2017, added (a)(xxii).

The 2018 amendment, effective July 1, 2018, in (a)(iii), deleted “except as provided in W.S. 23-1-502(d)” following “game and fish department.”

The 2021 amendments. —

The first 2021 amendment, by ch. 56, § 3, rewrote the section heading, which read, "Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated"; in (a)(ii), added "state budget," deleted "of administration and information" following "department"; substituted "department" for "budget division" in the first sentence of (a)(iv); in (a)(x), substituted "9-2-1001.1" for "9-2-1001" and "9-2-1014.2" for "9-2-1026.13"; and substituted "department" for "division" in (a)(xii).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 124, § 2, added "or an appropriation under W.S. 9-2-1014 .3" in (a)(xi)(B); and added (a)(xxiii) through (a)(xxv).

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

Editor's notes. —

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Jurisdiction. —

The constitution specifically recognizes and allows that jurisdiction may be vested in entities other than the district courts; therefore the district court's jurisdiction was not unconstitutionally limited where the legislature placed jurisdiction over state personnel matters with the Department of Administration and Information. Glover v. State, 860 P.2d 1169, 1993 Wyo. LEXIS 162 (Wyo. 1993).

Exclusive jurisdiction. —

The state Department of Administration and Information possessed exclusive jurisdiction over state personnel matters such that employee who had been terminated was required to exhaust the administrative remedies before judicial review was available. Glover v. State, 860 P.2d 1169, 1993 Wyo. LEXIS 162 (Wyo. 1993).

Primary jurisdiction. —

Because the exclusive jurisdiction over state personnel matters rested with the Department of Administration and Information until the available administrative remedies had been exhausted, primary jurisdiction was necessarily vested in the agency. Glover v. State, 860 P.2d 1169, 1993 Wyo. LEXIS 162 (Wyo. 1993).

District court judge's authority ended upon completion of term and he had no authority to bind his successors to the employment of his secretary under the state personnel rules. Thus, even if the secretary had a property interest in her continued employment while this judge was in office, her employment under him was at-will and she had no property interest in its continuation. Munroe v. Kautz, 833 F. Supp. 854, 1993 U.S. Dist. LEXIS 13660 (D. Wyo. 1993), aff'd, 33 F.3d 62, 1994 U.S. App. LEXIS 30842 (10th Cir. Wyo. 1994).

Stated in

Wagoner v. State, Dep't of Admin. & Info., 924 P.2d 88, 1996 Wyo. LEXIS 134 (Wyo. 1996).

§ 9-2-1003. Director and division administrators; appointment; removal; powers of director. [Renumbered]

History. Laws 1971, ch. 203, § 6; W.S. 1957, § 9-276.18:54; W.S. 1977, § 9-3-2006; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1991, ch. 29, §§ 3, 6; 1997, ch. 178, § 1; 2001, ch. 55, § 2; 2012, ch. 30, § 3; 2019 ch. 71, § 1, effective February 19, 2019; renumbered to Wyo. Stat. § 9-2-3203 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1003.1. Director of department; appointment; removal; cooperation with legislature and judiciary.

1. 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 .
2. The governor may remove the director as provided in W.S. 9-1-202 .
3. The director may:
   1. 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;
   2. Adopt reasonable rules to administer this act pursuant to the Wyoming Administrative Procedure Act;
   3. Formulate through the director’s office the policies and programs to be carried out by the department.
4. 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.

History. 2021 ch. 56, § 2, effective April 1, 2021.

Effective date. —

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

§ 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.

1. The department shall:
   1. In conjunction with the human resources division of the department of administration and information, assure that all personnel transactions conform to budget requirements;
   2. Assist and advise the auditor, treasurer, state board of equalization and department of revenue in the discharge of their duties when related to the budgetary or financial affairs of the state;
   3. Conduct inquiries and investigations into the financial needs, fiscal obligations, expenditures, revenues, receipts, appropriations, funds, accounts, programs, services and activities of agencies. Agencies shall make available to the department all records, books, strategic planning information, correspondence and documents for this purpose and the director of the state department of audit shall provide assistance when requested by the department to carry out the responsibilities assigned by this act;
   4. Approve the creation, standardization, identification, abolishment or consolidation of budgetary accounts from which agencies operate subject to other provisions of law;
   5. Prescribe uniform practices and procedures for governing the receipt of federal and other monies for use by agencies when the practices and procedures are not contrary to federal law or regulations;
   6. Appear before the joint appropriations committee as requested by the committee to provide information on the budgetary and financial affairs of the state.
2. Repealed by Laws 1997, ch. 178, § 2.
3. The 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.

History. Laws 1957, ch. 121, § 1; W.S. 1957, §§ 9-17, 9-276.18:55, 9-510.1; Laws 1971, ch. 203, § 7; ch. 259, § 84; 1974, ch. 16, § 2; 1977, ch. 180, § 3; W.S. 1977, §§ 9-1-119, 9-3-2007, 9-7-201 ; Laws 1982, ch. 62, § 3; 1991, ch. 29, § 3; ch. 174, § 2; ch. 240, § 1; 1997, ch. 178, § 1; 2021 ch. 56, § 3, effective April 1, 2021.

Cross references. —

As to human resources division, see § 9-2-1022 .

As to state auditor and state treasurer, see §§ 9-1-401 through 9-1-417 .

The 2021 amendment substituted "Budget division; duties" for "Duties of the department" in the section heading; deleted "through its budget division" following "department" in (a); added "of the department of administration and information" in (a)(i); added (a)(vi); and substituted "department" for "budget division" in (c).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

§ 9-2-1005. Payment of warrants; budget powers of governor; agency budgets; federal funds; new employees.

1. No warrant shall be drawn by the auditor or paid by the treasurer:
   1. Unless funds have been previously appropriated or otherwise authorized by law for that purpose;
   2. When it has been certified by the department that a state agency is in nonconformance with its approved budget;
   3. If the amount sought to be expended would exceed the appropriation or other funds authorized for its use by law. Reductions imposed upon expenditures pursuant to W.S. 9-2-1014 .2 and adjustments to appropriations authorized under W.S. 9-2-1014 .2 or other law shall be applied in determining whether an expenditure exceeds an appropriation or other funds authorized;
   4. If the expenditure is in nonconformance with the amounts, programs and approved budget authorized by legislative appropriation acts except upon notice to the legislature if required and approval of the governor as provided by subsection (b) of this section;
   5. If the agency for which the expenditure was authorized is in noncompliance with a provision of a legislative appropriation act relating to the expenditure;
   6. If the expenditure relates to a capital improvement project for which total appropriations and authorizations for the project are insufficient except as otherwise authorized by law;
   7. If the expenditure is for salaries for employees exceeding the maximum number of employees for the agency authorized by a legislative appropriation act except upon notice to the legislature if required and approval of the governor as provided by subsection (b) of this section;
   8. If the expenditure of general fund monies is requested for a program other than the program for which the expenditure was authorized by the legislature;
   9. If the expenditure of nonfederal monies appropriated for the personal services budget by a legislative appropriation act is requested for any other purpose;
   10. If the expenditure was authorized for capital improvements but sought to be expended for any other purpose;
   11. 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;
   12. If the expenditure is for data processing hardware, software, consultants or training and exceeds the small purchase amount established by the department of enterprise technology services, unless specifically approved by one (1) of the following:
       1. President of the University of Wyoming for the University of Wyoming;
       2. The state chief information officer. A purchase shall not be approved pursuant to this subparagraph if it fails to conform with the criteria developed pursuant to W.S. 9-2-2906(b)(iii);
       3. Chief justice of the supreme court for the judicial branch;
       4. Director of the legislative service office for the legislative branch; or
       5. President of each community college for his respective community college.
   13. If the expenditure or disbursement is in violation of subsection (q) of this section or otherwise in violation of law.
2. Subject to subsections (c), (g) and (q) of this section, the governor may:
   1. Authorize revisions, changes or redistributions to approved budgets;
   2. Authorize revisions, changes, redistributions or increases to amounts authorized for expenditure by legislative appropriation acts from fund sources identified in W.S. 9-4-204(t) as special revenue funds, capital project funds, debt service funds or proprietary fund types, and from federal funds as provided under paragraph (iii) of this subsection, subsections (g) and (q) of this section and W.S. 9-4-206 , if in his opinion a public welfare emergency exists, general fund appropriations can be conserved, agency program requirements have significantly changed or unanticipated revenues from fund sources specified in this paragraph become available and qualify pursuant to W.S. 9-2-1006(a). For any revision, change, redistribution or increase in amounts authorized for expenditure under this paragraph in excess of one hundred thousand dollars ($100,000.00), the governor’s office shall:
      1. Notify the legislature at least ten (10) days in advance of the exercise of authority; or
      2. Notify the legislature as soon as practicable after the exercise of authority if the governor determines immediate action is necessary to preserve the public health, safety or welfare or to prevent the potential loss of funds; and
      3. In all cases identify in the notice the amount, purpose and specified fund source of the revision, change, redistribution or increase.
   3. Subject to subsections (g) and (q) of this section, authorize the receipt and expenditure of federal revenues exceeding the amount authorized by a legislative appropriation act as provided by W.S. 9-4-206 (b);
   4. Authorize the implementation of the personnel classification and compensation plan consistent with W.S. 9-2-3207 ;
   5. Authorize transfer of a contingent appropriation to an account or fund to prevent a budget shortfall for any account or fund in accordance with W.S. 9-2-1014 .2 and any other condition on the appropriation;
   6. Authorize the transfer and expenditure of funds to address a public welfare emergency in accordance with W.S. 9-2-1014 .3.
3. The governor shall not:
   1. Authorize an increase in the amount appropriated to any agency by any legislative appropriation act except as authorized by law from the following:
      1. Fund types specified in paragraph (b)(ii) of this section;
      2. Allocations from a contingent appropriation under W.S. 9-2-1014 .2 or an appropriation under W.S. 9-2-1014 .3, if any;
      3. Federal revenues received as provided under paragraph (b)(iii) and subsections (g) and (q) of this section and W.S. 9-4-206 .
   2. Unless authorized by a legislative appropriation act, authorize funds appropriated from the general fund for one (1) program as represented by line appropriations within any legislative appropriation act to be used for another program.
4. The state auditor, state treasurer and director of the state department of audit shall assist the governor and the department in carrying out legislative appropriation acts with respect to the audit, record keeping and control of budgets approved thereunder.
5. Repealed by Laws 2021, ch. 124, § 3.
6. The joint appropriations committee of the legislature shall compile the approved budget for each agency’s appropriation and transmit the budget to the governor and the agency.
7. 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. 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. 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:
   1. If the funds are restricted by federal or state law for a specified purpose and will be expended as a supplemental addition for a program with an approved budget, shall notify the legislature at least ten (10) days in advance of approving the acceptance or expenditure of federal funds, except as provided in paragraph (iii) of this subsection and subject to paragraph (iv) of this subsection;
   2. If the funds are not restricted by federal or state law for a specified purpose or are restricted by law but will not be expended as a supplemental addition for a program with an approved budget, shall notify the legislature as soon as practicable and proceed as provided in W.S. 9-4-206(b). Except as provided in paragraph (iii) of this subsection, the governor shall not accept federal funds subject to this paragraph until the requirements of W.S. 9-4-206(b) have been met;
   3. May accept federal funds and notify the legislature as soon as practicable, if the governor determines immediate action is necessary to preserve the public health, safety or welfare or to prevent the potential loss of funds subject to paragraph (iv) of this subsection. If the funds meet the provisions of paragraph (ii) or subparagraphs (iv)(A) or (B) of this subsection they shall not be expended until the provisions of paragraph (ii) and W.S. 9-4-206(b) are met, unless the governor notifies the management council that immediate expenditure of the funds is necessary to preserve the public health, safety or welfare or to prevent the potential loss of funds. If such a determination is made, funds not required to be expended immediately shall be subject to the provisions of paragraph (ii) of this subsection and W.S. 9-4-206(b). If the determination under subparagraph (iv)(A) or (B) of this subsection has been made, the governor shall not expend any funds solely to prevent the potential loss of funds until the requirements of W.S. 9-4-206(b) have been met;
   4. Shall in all cases identify in the notice the amount, intended use and source of the federal funds, whether the state is obligated or is anticipated to expend general or other state funds and whether the state’s taxing or appropriation authority is in any manner limited as a result of the acceptance or expenditure of federal funds. The amount and source of the state funds to be expended or estimated to be expended and the effect on the state’s taxing or appropriation authority as a result of the acceptance or expenditure of federal funds shall be identified by the governor’s office for the fiscal biennium in which the federal funds are accepted and for the next two (2) immediately succeeding fiscal biennia. The governor’s office shall notify the legislature as soon as practicable if the office determines that as a result of the acceptance or expenditure of the federal funds:
      1. The state is obligated or is anticipated to expend general or other state funds in excess of ten million dollars ($10,000,000.00) in any fiscal biennium including, but not limited to, the expenditure of general or other state funds as a result of a state agency’s or a political subdivision’s obligation to meet any maintenance of effort, maintenance of equity or maintenance of financial support requirement reportable under subparagraph (q)(i)(A) of this section. If so, the governor’s office shall proceed as provided in W.S. 9-4-206(b) and shall not accept the federal funds until the requirements of W.S. 9-4-206(b) have been met, except that the governor may accept the federal funds as necessary to preserve health, safety or welfare and in accordance with paragraph (iii) of this subsection; or
      2. The state’s taxing or appropriation authority is in any manner limited. If so, the governor’s office shall proceed as provided in W.S. 9-4-206(b) and shall not accept the federal funds until the requirements of W.S. 9-4-206(b) have been met, except that the governor may accept the federal funds as necessary to preserve health, safety or welfare and in accordance with paragraph (iii) of this subsection.
8. Repealed by Laws 1985, ch. 232, § 202.
9. Repealed by Laws 2000, ch. 48, § 3.
10. through (n) Repealed by Laws 2003, ch. 120, § 3.
11. The governor shall report monthly to the legislature on the use of the flex authority authorized under this section or any legislative appropriation act during each biennium. The report shall specify:
    1. Appropriations and authorized positions transferred during the biennium, including transfers between expenditure series, programs and agencies with a detailed written description of the transfer;
    2. Use of the flex authority or authority under paragraph (b)(v) or (vi) of this section to expend a contingent appropriation to avoid a reduction of expenditures pursuant to W.S. 9-2-1014 .2 or to address a public welfare emergency pursuant to W.S. 9-2-1014 .3.
12. The governor shall make available monthly for public inspection information on the exercise of his authority under paragraphs (b)(i), (ii), (iii), (v) and (vi) and subsection (g) of this section and under W.S. 9-2-1014 .2 and 9-2-1014 .3 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. 9-2-3220(a).
13. Prior to accepting any federal funds in excess of the amount authorized by a legislative appropriation act, whether pursuant to the authority under this section or any other provision of law, a state agency which receives an appropriation from the legislature shall:
    1. Report to the governor's office if, as a result of accepting or expending the funds:
       1. The state or any political subdivision of the state would be obligated to meet any maintenance of effort, maintenance of equity or maintenance of financial support requirement that is increased or did not exist at the time of enactment of the state legislative act authorizing acceptance of, or providing the initial appropriation of, the federal funds; or
       2. The state's taxing or appropriation authority is in any manner limited.
    2. Include in the report required by paragraph (i) of this subsection, for the fiscal biennium in which the federal funds are accepted and for the next two (2) immediately succeeding fiscal biennia:
       1. Both the dollar amount of any anticipated expenditure of nonfederal funds and the percentage increase in any maintenance of effort, maintenance of equity or maintenance of financial support requirement over the requirement existing at the time of the enactment of the state legislative act;
       2. The specific limitation on the state's taxing or appropriation authority.
    3. Not accept or expend the funds whether directly or by disbursement to other entities until approved by the governor in writing.
14. The governor's approval under subsection (q) of this section shall be subject to and in accordance with the requirements of subsection (g) of this section.  The reporting and approval requirements of subsection (q) of this section are in addition to other requirements imposed by law.  The requirements of subsection (q) of this section shall not be applicable to federal funds authorized by a federal enactment which is specifically identified by a state legislative act explicitly appropriating the federal funds or explicitly approving the acceptance or expenditure of the federal funds.

History. Laws 1971, ch. 203, § 8; W.S. 1957, § 9-276.18:56; Laws 1976, ch. 26, § 1; 1977, ch. 118, § 1; W.S. 1977, § 9-3-2008; Laws 1982, ch. 62, § 3; 1985, ch. 73, § 1; ch. 113, § 1; ch. 232, § 1; 1987, ch. 171, § 1; 1989, ch. 52, § 1; 1991, ch. 29, § 3; ch. 240, § 1; 1992, ch. 89, § 208; 1994, ch. 15, §§ 310, 321(o); 1995, ch. 70, § 1; 1996, ch. 1, §§ 318, 337; 1997, ch. 178, § 1; 2000, ch. 48, § 3; 2003, ch. 120, §§ 2, 3; 2006, ch. 102, § 1; 2009, ch. 129, § 1; 2012, ch. 30, § 3; ch. 84, § 201; 2016 ch. 118, § 2, effective July 1, 2016; 2020 ch. 65, § 1, effective July 1, 2020; 2021 ch. 56, § 3, effective April 1, 2021; 2021 ch. 124, §§ 2, 3, effective April 6, 2021.

Cross references. —

As to state auditor and state treasurer, see §§ 9-1-401 through 9-1-417 .

The 2006 amendment, effective July 1, 2006, in (a)(xii)(B), substituted “The state chief information officer” for “Administrator, information technology division of the department of administration and information,” and added the last sentence.

The 2009 amendment, effective July 1, 2009, in (b)(iv), deleted the second sentence, which read: “This plan shall reflect a legislative pay policy to support a combination of salaries and benefits at equitable levels recognizing the relative internal value of each position as determined by job content, and the labor market in this geographic area for similar work, with due consideration of the need to attract, retain and motivate qualified employees and to recognize the state's financial position.”

The 2012 amendments. —

The first 2012 amendment, by Laws 2012, ch. 30, § 3, added “and exceeds the small purchase amount established by the department of enterprise technology services” in the introductory language of (a)(xii); and in (a)(xii)(B), deleted “the director of the department making the expenditure or, if the agency is a separate operating agency, the administrative head of the agency for the executive branch” at the end of the first sentence, and substituted “W.S. 9-2-2906(b)(iii)” for “W.S. 9-1-222(a)(iii).”.

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The second 2012 amendment, by Laws 2012, ch. 84, § 201, effective July 1, 2012, substituted “this section or any legislative appropriation act” for “subsections (k) and (m) of this section” in (o).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendment, effective July 1, 2016, inserted the second sentence of (a)(iii); added (b)(v); added (o)(ii) and made a related change; and added (p).

The 2020 amendment, effective July 1, 2020, in (a)(iv) and (a)(vii) added “notice to the legislature if required and” following “except upon”; in (a)(xi) added “notice to the legislature and” following “except upon”; designated former (b)(ii) as the introductory language of (b)(ii); in the introductory language of (b)(ii) substituted “sources if” for “sources after notifying the legislature that” and added the last sentence; added (b)(ii)(A) through (b)(ii)(C); in (b)(iii) added “Subject to subsection (g) of this section” at the beginning; redesignated former (g) as the introductory language of (g); in the introductory language of (g) deleted “with a copy to the joint appropriations interim committee” at the end of the first sentence and added the last sentence; and added (g)(i) through (g)(iii).

The 2021 amendments. —

The first 2021 amendment, by ch. 56, § 3, substituted "9-2-3207" for "9-2-1022(b)" in (b)(iv); substituted "department" for "budget division" in (e)(i)(C); deleted "interim" preceding "committee" in (f); and substituted "9-2-3220(a)" for "9-2-1036(a)" in the second sentence of (p).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 124, § 2, added "and adjustments to appropriations authorized under W.S. 9-2-1014 .2 or other law" in (a)(iii); in (a)(xi), added "paragraph (b)(iii) and," substituted "(g)" for "(b)" following subsection"; in (a)(xiii), added "or disbursement" and "in violation of subsection (q) of this section or"; in (b), added "), (g) and (q)" and made a related change; rewrote the first sentence of (b)(ii), which read, "Authorize revisions, changes, redistributions or increases to amounts authorized for expenditure by legislative appropriation acts from non-general fund sources if in his opinion an emergency financial situation exists, general fund appropriations can be conserved, agency program requirements have significantly changed or unanticipated non-general fund revenues become available and qualify pursuant to W.S. 9-2-1006(a)"; added "or" in (b)(ii)(A); added "and" in (b)(ii)(B); in (b)(ii)(C), added "In all cases," substituted "specified" for "non-general" and made a related change; substituted "subsections (g) and (q)" for "subsection (g)" in (b)(iii); added (b)(vi); rewrote (c)(i), which read, "Authorize an increase in the amount appropriated to any agency from the general fund by any legislative appropriation act excluding allocations from the governor’s emergency appropriation, if any"; in (c)(ii), added "Unless authorized by a legislative appropriation act" and made a related change; deleted "shall" at the end of (g); rewrote (g)(i), which read, "Notify the legislature at least ten (10) days in advance of approving the acceptance or expenditure of federal funds"; added (g)(ii); redesignated former (g)(ii) and (g)(iii) as (g)(iii) and (g)(iv); rewrote current (g)(iii), which read, "Notify the legislature as soon as practicable after approving the acceptance or expenditure of federal funds if the governor determines immediate action is necessary to preserve the public health, safety or welfare or to prevent the potential loss of funds"; rewrote current (g)(iv), which read, "Identify in the notice the amount, intended use and source of the federal funds"; in (o)(ii), added "or (vi)" and "or to address a public welfare emergency pursuant to W.S. 9-2-1014 .3"; in the first sentence of (p), added "(i)," "(iii)," "and (vi)," "and 9-2-1014.3" and made related changes; and added (q) and (r).

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

The third 2021 amendment, by ch. 124, § 3, repealed (e), which read, “As used in this section: (i) ‘Approved budget’ means: (A) An agency’s request for an appropriation for a program and for which an appropriation is made in whole or in part; (B) The governor’s recommended appropriation for an agency program developed pursuant to W.S. 9-2-1010 through 9-2-1013 and for which an appropriation is made in whole or in part; (C) A budget for a program as developed by the department and approved by the governor for appropriations for which no budgeted request was submitted. (ii) “Program” means a line appropriation within a general appropriation act of the legislature as so designated.”

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

This section is set out as reconciled by the Wyoming legislative service office.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

§ 9-2-1006. Revenues or income of state agencies not part of appropriation or budget; exception; additions to appropriation or budget; reports concerning enterprise fund accounts.

1. Revenues or income from any source collected, received or accruing to any agency shall not become a part of its appropriation or budget unless such revenues or income is specified by law to be used for such purpose and is approved by the governor after notice is provided to the legislature pursuant to W.S. 9-2-1005 (b) and the applicable provisions of W.S. 9-2-1005 and 9-4-206 have been complied with. Any amount added to its appropriation or budget constitutes the entire appropriation for the full fiscal period.
2. Each agency maintaining an account within the enterprise fund shall include a report in the agency’s biennial budget request submitted under W.S. 9-2-1013 concerning:
   1. The purpose of the account;
   2. Whether the original mission of the account has been met;
   3. Whether the operation of the account needs to be continued; and
   4. Detailed information concerning revenue to and expenditures from the account for the previous biennium.

History. Laws 1971, ch. 203, § 9; W.S. 1957, § 9-276.18:57; W.S. 1977, § 9-3-2009; Laws 1982, ch. 62, § 3; 1999, ch. 15, § 1; 2003, ch. 120, § 2; 2014 ch. 7, § 2, effective July 1, 2014; 2020 ch. 65, § 1, effective July 1, 2020; 2021 ch. 124, § 2, effective April 6, 2021.

The 2014 amendment, rewrote (b).

The 2020 amendment, effective July 1, 2020, in (a) added “after notice is provided to the legislature” following “by the governor.”

The 2021 amendment added "and the applicable provisions of W.S. 9-2-1005 and 9-4-206 have been complied with" in the first sentence of (a).

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

§ 9-2-1007. Restrictions on indebtedness and expenditures of state agencies; allotment system.

1. 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.
2. Repealed by Laws 1988, ch. 22, § 1.

History. Laws 1971, ch. 203, § 10; W.S. 1957, § 9-276.18:58; Laws 1974, ch. 16, § 2; W.S. 1977, § 9-3-2010; Laws 1982, ch. 62, § 3; 1983, ch. 165, § 1; 1987, ch. 231, § 200; 1988, ch. 22, § 1; 2005, ch. 231, § 1; 2021 ch. 56, § 3, effective April 1, 2021.

Cross references. —

For meaning of “department,” see § 9-2-1002(a)(ii).

As to the budget division, see § 9-2-1004 .

As to surplus property section, see § 9-2-1016 .

As to the legislative service office, see § 28-8-101 .

The 2005 amendment, effective July 1, 2005, deleted a reference to the trust and agency fund in the second sentence in (a).

The 2021 amendment , in (a), added “of the division of general services within the department of administration and information” in the second sentence and deleted “through the budget division” at the end of the last sentence.

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1002(a)(x)

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 9-2-1008. Unexpended, unobligated funds to lapse or be carried over; duty of auditor; reporting.

1. In the event that the appropriation made or other revenue authorized by law for use by a state agency has not been expended by the close of the fiscal period, it shall lapse or be carried forward as provided by W.S. 9-4-207 after provision is made for payment of outstanding obligations legally incurred during the previous fiscal period. The auditor, after consultation with the department, as of June 30 of each year shall take appropriate action in accordance with this section.
2. Unexpended appropriations carried forward into the next fiscal biennium pursuant to an outstanding obligation legally incurred shall be expended only for the purposes for which the funds were appropriated or authorized and shall not be revised or converted for another purpose after being carried forward. Upon completion of the purposes for which the funds were carried forward, any remaining funds shall immediately revert to the appropriate fund as specified in W.S. 9-4-207 .

History. Laws 1971, ch. 203, § 11; W.S. 1957, § 9-276.18:59; Laws 1973, ch. 241, § 1; 1974, ch. 16, § 2; W.S. 1977, § 9-3-2011; Laws 1982, ch. 62, § 3; 1997, ch. 178, § 1; 2014 ch. 8, § 1, effective July 1, 2014.

Cross references. —

As to state auditor, see §§ 9-1-401 through 9-1-408 , 9-1-417 .

As to disposition of unexpended appropriations generally, see § 9-4-207 .

The 2014 amendment, effective July 1, 2014, added (a) designation; in (a), substituted “forward” for “over” in the first sentence; and added (b).

§ 9-2-1009. Nonappropriated revenues to be transferred by auditor upon lapse, conversion or otherwise becoming state property.

If nonappropriated revenues under the control of agencies lapse, convert or otherwise become the property of the state, the auditor, after consultation with the department, shall transfer the funds to the general or other appropriate fund.

History. Laws 1971, ch. 203, § 12; W.S. 1957, § 9-276.18:60; Laws 1974, ch. 16, § 2; W.S. 1977, § 9-3-2012; Laws 1982, ch. 62, § 3.

Cross references. —

As to general fund, see § 9-4-204 .

§ 9-2-1010. Duties of department; biennial budgets and appropriations.

1. The department shall:
   1. Prepare the state budget with the assistance of an entity for presentation by the governor to the legislature;
   2. Prescribe the form, contents and procedure of and for budget documents with the advice of the chairman of the joint appropriations committee; and
   3. Consult with each entity which will require a legislative appropriation either directly or indirectly, excluding the Wyoming department of transportation and the game and fish department except as provided in W.S. 9-2-1011(d), in submitting budget estimates or requests for funds, or for instituting, recording and reporting all financial and budget transactions of the state.
2. At each budget session budgets shall be prepared and appropriations made for the operation of state government on a biennial basis.

History. Laws 1971, ch. 203, § 13; W.S. 1957, § 9-276.18:61; Laws 1975, ch. 174, § 1; 1976, ch. 26, § 1; W.S. 1977, § 9-3-2013; Laws 1982, ch. 62, § 3; 2008, ch. 11, § 1; 2013 ch. 58, § 1, effective February 15, 2013; 2013 ch. 150, § 1, effective July 1, 2013; 2018 ch. 54, § 1, effective July 1, 2018; 2021 ch. 56, § 3, effective April 1, 2021.

Cross references. —

As to definition of “entity,” see § 9-2-1002(a)(iii).

The 2008 amendment, effective July 1, 2008, substituted “Wyoming highway department and the game and fish department except as provided in W.S. 23 1 502(d)” for “Wyoming highway and game and fish departments” in (a)(iii).

The 2013 amendments. —

The first 2013 amendment, by ch. 58, § 1, added “and 9-2-1011(d)” following “W.S. 23-1-502(d)” in (a)(iii).

Laws 2013, ch. 28, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

The second 2013 amendment, by ch. 150, § 1, effective July 1, 2013, substituted “Wyoming department of transportation” for “Wyoming highway department” in (a)(iii).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2018 amendment, effective July 1, 2018, in (a)(iii), deleted “23-1-502(d) and” preceding “9-2-1011(d).”

The 2021 amendment substituted "the department" for "budget division" in the section heading; deleted "through the budget division" following "department" in (a); and deleted "interim" preceding "committee" in (a)(ii).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

GAAP accounting implementation plan. —

Laws 1993, ch. 225, § 2, provides that it is the intent of the legislature to establish uniform requirements for state government accounting and financial reporting in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB), 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.

Cited in

Witzenburger v. State ex rel. Wyo. Community Dev. Auth., 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo. 1978).

§ 9-2-1011. Duties of budget department; preparation of standard budget estimates; entities to prepare expanded and exception budgets; form; required information; base budgets.

1. Subject to subsection (c) of this section, the department 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.
2. The information developed in budget documents shall include:
   1. Appropriations or other allotted revenues authorized to entities including all types of revenue regardless of source and final fund destination, federal fund identification and expected length of continuance of the federal funding;
   2. Expenditures, obligations, encumbrances and balances of the agencies from whatever source derived;
   3. Estimates of revenues and future needs of entities;
   4. Program changes, descriptions and activities of the agencies;
   5. An explanation of and reasons for anticipated receipts and expenditures of the agencies;
   6. An assurance that the budget request has been prepared in accordance with the agency plan prepared according to W.S. 28-1-115 and 28-1-116 ;
   7. Identification of services reduced as a result of reductions to expenditures made pursuant to W.S. 9-2-1014 .2 in the previous fiscal biennium, and services which would have been reduced without transfer and expenditure of a contingent appropriation pursuant to W.S. 9-2-1014 .2 or an appropriation under W.S. 9-2-1014.3. Contingent appropriations transferred to each fund or account and expended from each fund or account shall be separately identified.
3. The 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 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).
4. 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 department as provided in this subsection. The budget shall be submitted in a manner and format approved by the 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 department shall provide for legislative review. Any modification to the manner and format shall be reported to the joint appropriations committee immediately upon approval.

History. Laws 1971, ch. 203, § 14; W.S. 1957, § 9-276.18:62; Laws 1975, ch. 174, § 1; 1976, ch. 26, § 1; W.S. 1977, § 9-3-2014; Laws 1979, ch. 10, § 2; 1980, ch. 63, § 200; 1982, ch. 62, § 3; 1997, ch. 178, § 1; 2001, ch. 17, § 1; 2013 ch. 58, § 1, effective February 15, 2013; 2016 ch. 118, § 2, effective July 1, 2016; 2021 ch. 56, § 3, effective April 1, 2021; 2021 ch. 124, § 2, effective April 6, 2021.

Cross references. —

As to definition of “entity,” see § 9-2-1002(a)(iii).

The 2013 amendment, added (d).

Laws 2013, ch. 58, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

The 2016 amendment , effective July 1, 2016, added (b)(vii).

The 2021 amendments. —

The first 2021 amendment, by ch. 56, §, substituted "department" for "division" in the section heading; deleted "through the budget division" following "department" in the first sentence of (a); in (c), substituted "department" for "budget division" in the first sentence and "department" for "division" in the second sentence; and subsituted "department" for "budget division" throughout (d).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 124, § 2, “budget department” for “division” in the section heading; added “or an appropriation under W.S. 9-2-1014 .3” in the first sentence of (b)(vii).

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

Editor's notes. —

Laws 2013, ch. 58, § 3, directs: “The department of administration and information budget division shall consult with the game and fish department, the department of transportation and the legislative service office in developing the manner and format for budget submissions under W.S. 9-2-1011(d) as created by this act. The manner and format approved by the budget division shall accommodate the existing practices of each department.”

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

§ 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. [Effective until July 1, 2022]

1. The department 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.
2. The director of the department 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.
3. The governor may, upon examining the budget estimates and requests and after consultation with each agency, approve, disapprove, alter or revise the estimates in accordance with applicable state and federal laws.
4. The governor through the department may provide for public hearings on any and all agency estimates or requests or other fiscal matters and may require the attendance at such hearings of representatives of the agencies.
5. In preparing the overall state budget for distribution to the legislature, including any supplemental, budget shortfall or other emergency changes to the budget, the governor shall recommend to the legislature that not less than five percent (5%) of estimated general fund receipts for the next biennial budget period shall be appropriated from the general fund to the budget reserve account within the earmarked fund. This appropriation shall be in addition to any fund balance within the budget reserve account. At the end of each biennial budget period, general fund appropriations for the biennium in excess of expenditures including encumbrances during the biennium, as identified by the state auditor in accordance with the provisions of W.S. 9-2-1008 and 9-4-207 , shall be transferred into the budget reserve account. All funds in the budget reserve account shall be invested by the state treasurer and earnings therefrom shall be credited into the general fund. Appropriations to the account shall not lapse at the end of any fiscal period. Expenditures from the budget reserve account shall be by legislative appropriation only.
6. In addition to subsection (b) of this section and not later than October 1 of each odd-numbered year, the 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 committee.
7. The state employee compensation commission shall submit to the department and the joint appropriations committee within the time periods specified in subsection (a) of this section its recommendations regarding state employee compensation. The 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.
8. If the governor exercises his authority provided by W.S. 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.

History. Laws 1971, ch. 203, §§ 15 to 18; W.S. 1957, §§ 9-276.18:63 to 9-276.18:66; Laws 1975, ch. 174, § 1; 1976, ch. 26, § 1; W.S. 1977, §§ 9-3-2015 to 9-3-2018; Laws 1980, ch. 63, § 200; 1982, ch. 62, § 3; ch. 64, § 200; 1984, ch. 62, § 200; 1993, ch. 223, § 3; 2001, ch. 17, § 1; 2007, ch. 37, § 1; 2015 ch. 180, § 1, effective July 1, 2015; 2016 ch. 18, § 1, effective July 1, 2016; 2016 ch. 118, § 2, effective July 1, 2016; 2021 ch. 56, § 3, effective April 1, 2021; 2022 ch. 55, § 1, effective July 1, 2022.

Cross references. —

As to state auditor and state treasurer, see §§ 9-1-401 through 9-1-417 .

As to general fund, see § 9-4-204 .

The 2007 amendment, effective July 1, 2007, added (g).

The 2015 amendment, effective July 1, 2015, in (e), inserted “including any supplemental or emergency changes to the budget,” in the first sentence.

The 2016 amendments. — The first 2016 amendment, by ch. 18 § 1, effective July 1, 2016, added (h).

The second 2016 amendment, by ch. 118 § 2, effective July 1, 2016, in the first sentence of (e) inserted “budget shortfall” following “supplemental,” inserted “other” preceding “emergency,” and made a stylistic change.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2021 amendment , in the section heading, substituted “the department” for “budget division,” deleted “interim” preceding “committee”; deleted “through the budget division” following “department” in the first sentence of (a); deleted “and administrator of the budget division” following “department” in (b); in (f), substituted “director of the department” for “administrator of the budget division” in the first sentence, deleted “interim” preceding “committee” in the second sentence; in the first sentence of (g), substituted “department” for “budget division,” deleted “interim” preceding “committee,” deleted “budget division and” preceding “department” in the second sentence; and substituted “9-2-3207(a)(xi)(F)(VI)” for “9-2-1022(a)(xi)(F)(VI)” in the first sentence of (h).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The 2022 amendment, effective July 1, 2022, substituted “department of administration and information” for “state employee compensation commission” twice in (g).

Editor's notes. —

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Cited in

Witzenburger v. State ex rel. Wyo. Community Dev. Auth., 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo. 1978).

§ 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. [Effective July 1, 2022]

1. The department 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.
2. The director of the department 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.
3. The governor may, upon examining the budget estimates and requests and after consultation with each agency, approve, disapprove, alter or revise the estimates in accordance with applicable state and federal laws.
4. The governor through the department may provide for public hearings on any and all agency estimates or requests or other fiscal matters and may require the attendance at such hearings of representatives of the agencies.
5. In preparing the overall state budget for distribution to the legislature, including any supplemental, budget shortfall or other emergency changes to the budget, the governor shall recommend to the legislature that not less than five percent (5%) of estimated general fund receipts for the next biennial budget period shall be appropriated from the general fund to the budget reserve account within the earmarked fund. This appropriation shall be in addition to any fund balance within the budget reserve account. At the end of each biennial budget period, general fund appropriations for the biennium in excess of expenditures including encumbrances during the biennium, as identified by the state auditor in accordance with the provisions of W.S. 9-2-1008 and 9-4-207 , shall be transferred into the budget reserve account. All funds in the budget reserve account shall be invested by the state treasurer and earnings therefrom shall be credited into the general fund. Appropriations to the account shall not lapse at the end of any fiscal period. Expenditures from the budget reserve account shall be by legislative appropriation only.
6. In addition to subsection (b) of this section and not later than October 1 of each odd-numbered year, the 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 committee.
7. The department of administration and information shall submit to the department and the joint appropriations committee within the time periods specified in subsection (a) of this section its recommendations regarding state employee compensation. The 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 department of administration and information.
8. If the governor exercises his authority provided by W.S. 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.

History. Laws 1971, ch. 203, §§ 15 to 18; W.S. 1957, §§ 9-276.18:63 to 9-276.18:66; Laws 1975, ch. 174, § 1; 1976, ch. 26, § 1; W.S. 1977, §§ 9-3-2015 to 9-3-2018; Laws 1980, ch. 63, § 200; 1982, ch. 62, § 3; ch. 64, § 200; 1984, ch. 62, § 200; 1993, ch. 223, § 3; 2001, ch. 17, § 1; 2007, ch. 37, § 1; 2015 ch. 180, § 1, effective July 1, 2015; 2016 ch. 18, § 1, effective July 1, 2016; 2016 ch. 118, § 2, effective July 1, 2016; 2021 ch. 56, § 3, effective April 1, 2021; 2022 ch. 55, § 1, effective July 1, 2022.

§ 9-2-1013. State budget; distribution of copies to legislators; copies and reports of authorizations; interfund loans.

1. On or before the third Monday in November of the year preceding the year the legislature convenes in budget session, the governor shall distribute to each legislator electronic, or upon request printed, copies of the state budget, covering the next biennial budget period beginning on July 1 of the ensuing year, containing the itemized requests of the agencies for appropriations or other funds, estimated revenues and receipts to the state, and his recommendations and conclusions. The state budget shall include:
   1. Expenditures incurred in the two (2) previous fiscal years and estimates of expenditures for the ensuing two (2) fiscal years;
   2. Revenues during the two (2) previous fiscal years and estimated receipts for the ensuing two (2) fiscal years;
   3. The indebtedness and obligations of the state;
   4. The condition of the various funds and the state treasury as a whole;
   5. A general summary of the economic and social conditions of the state;
   6. Recommendations relative to state program goals and objectives.
2. 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 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).
3. Preparation of supplemental budgets for presentation in general sessions shall also be made within the time frame of W.S. 9-2-1012 and this section.
4. In addition to the items contained in subsection (a) of this section and notwithstanding any other recommendations made by the governor, the state budget shall also include the governor’s recommendations for appropriations for the ensuing two (2) years, or if a supplemental budget request, the remainder of the budget period, subject to the following:
   1. The state budget shall include the governor’s recommendations for a total appropriation from the school foundation program account and based upon recommendations of the select school facilities committee under W.S. 28-11-301 , a total appropriation for school capital construction purposes for both fiscal years;
   2. The total  recommended appropriations under this subsection for any two (2) fiscal  year budget period shall not exceed the total estimated revenues for  that two (2) year period. The total estimated revenues computed under  this paragraph shall not include increases in existing revenue sources  which would be available to the state only after enactment of legislation  in addition to existing law, but shall include the unencumbered balances  in all other accounts in all other expendable funds subject to this  section, and as further provided herein, as those funds are identified  in accordance with standards promulgated by the governmental accounting  standards board, but specifically excluding pension funds, nonexpendable  trust funds, debt service funds and intragovernmental funds, that  would be available for that budget period. Funds within the permanent  Wyoming mineral trust fund reserve account created under W.S. 9-4-719(b), the common school permanent fund reserve account created under W.S. 9-4-719(f) funds within the legislative stabilization reserve account in excess of the limitation under subparagraph (iii)(C) of this section, or funds within five percent (5%) of  estimated general fund receipts for the next biennium to be appropriated  to the budget reserve account as required by W.S. 9-2-1012(e) shall not be included in total estimated revenues computed under  this paragraph. Funds from a contingent appropriation shall not be included as an estimated source of revenue or funds available unless those funds previously had been authorized to be expended within the fiscal period covering the budget period of the recommendation;
   3. The total  recommended appropriations under this subsection shall not include any of the following:
      1. The diversion of any existing revenue sources which diversion would require enactment of legislation in addition to existing law;
      2. The transfer of funds from an account to another account except transfers from the budget reserve account;
      3. An appropriation from the legislative stabilization reserve account, to the extent the recommended appropriation together with any appropriation under W.S. 9-2-1014 .3, other recommended contingent appropriation or other recommended appropriation from the legislative stabilization reserve account would exceed in any fiscal year five percent (5%) of the balance of that account as of the first day of the fiscal year in which the recommendation is made;
      4. The transfer of funds from any contingent appropriation shall not be included, unless those funds previously had been authorized to be expended within the fiscal period covering the budget period of the recommendation by law other than W.S. 9-2-1014 .2 and 9-2-1014.3 and remain unexpended, unencumbered and unobligated. Unencumbered, unobligated funds from a contingent appropriation authorized for one (1) fiscal year under W.S. 9-2-1014.2 or from an appropriation under W.S. 9-2-1014.3 shall lapse at the end of the fiscal year and shall not be included in the recommended appropriations for any subsequent fiscal year.
   4. As used in this subsection, “appropriations” include specific legislative authorization to expend state revenues contained in a budget bill that is enacted into law, an amount to be expended from an account which does not require additional specific legislative authorization, the transfer of funds from the budget reserve account to another account or a specific statutory distribution of a revenue source;
   5. For each submitted budget the governor shall:
      1. Specify the exercise of any authority under W.S. 9-2-1014.2 in the current fiscal biennium;
      2. Identify any structural budget deficit or budget shortfall he believes exists within the fiscal biennium for which the budget is submitted or will exist within the immediately succeeding fiscal biennium;
      3. Include recommendations for the amount of contingent appropriations which should be made or supplemented for the existing fiscal biennium and each of the two (2) immediately succeeding fiscal biennia. The governor shall not recommend a contingent appropriation from the legislative reserve account which would result in the total of all appropriations, including any appropriation under W.S. 9-2-1014.3, in any fiscal year exceeding five percent (5%) of the balance of that account as of the first day of the fiscal year in which the recommendation is made.
   6. Nothing in this subsection prevents the governor from recommending an additional, alternative budget without the limitations specified in this subsection.
5. Repealed by Laws 2003, ch. 34, § 1.
6. Except for an interfund loan made under W.S. 21-13-316 , an interfund loan from permanent funds for which an interest rate is not specified by law shall be charged an interest rate equal to the CPI for the twelve (12) month period immediately preceding the effective date of the interfund loan. “CPI” means the consumer price index for United States city average, all urban consumers, not seasonally adjusted, reported by the bureau of labor statistics of the United States department of labor.

History. Laws 1971, ch. 203, § 19; W.S. 1957, § 9-276.18:67; Laws 1975, ch. 174, § 1; 1976, ch. 26, § 1; W.S. 1977, § 9-3-2019; Laws 1982, ch. 62, § 3; 1985, ch. 120, § 1; 1993, ch. 125, § 1; 2000, ch. 80, § 2; 2002 Sp. Sess., ch. 99, § 2; 2003, ch. 34, § 1; 2009, ch. 207, § 1; 2014 ch. 7, § 2, effective July 1, 2014; 2015 ch. 180, § 1, effective July 1, 2015; 2016 ch. 118, § 2, effective July 1, 2016; 2018 ch. 62, § 1, effective July 1, 2018; 2019 ch. 5, § 1, effective February 13, 2019; 2020 ch. 65, § 1, effective July 1, 2020; 2021 ch. 56, § 3, effective April 1, 2021; 2021 ch. 124, § 2, effective April 6, 2021.

Cross references. —

As to legislative service office, see §§ 28-8-101 through 28-8-114 .

As to legislative management council, see §§ 28-9-101 through 28-9-108 .

The 2009 amendment, effective July 1, 2009, in (d)(i), substituted “select school facilities committee under W.S. 28-11-301 ” for “school facilities commission under W.S. 21-15-119 .”

The 2014 amendment, in (a), inserted “electronic, or upon request” following “each legislator” and made stylistic changes in the first sentence.

The 2015 amendment, effective July 1, 2015, in (d)(ii), inserted “other” and “and as further provided herein” to the second sentence, and inserted the last sentence.

The 2016 amendment , effective July 1, 2016, in (d)(ii), inserted “funds within the legislative stabilization reserve account in excess of the limitation under subparagraph (iii)(C) of this section” following “W.S. 9-4-719(f)” and added the last sentence; in (d)(iii), added “any of the following” at the end of the introductory language; added (d)(iii)(C) and (d)(iii)(D); redesignated (d)(v) as (d)(vi); added present (d)(v); and made a stylistic change in (d)(iii)(A).

The 2018 amendment, effective July 1, 2018, added (f).

The 2019 amendment, in (a), substituted "the third Monday in November" for "December 1".

Laws 2019, ch. 5, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 13, 2019.

The 2020 amendment, effective July 1, 2020, in (b) added the last sentence.

The 2021 amendments. —

The first 2021 amendment, by ch. 56, § 3, in (b), deleted "budget division of the" preceding "department" in the first sentence and "interim" preceding "committee" in the second sentence.

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 124, § 2, added "appropriation under W.S. 9-2-1014 .3" in (d)(iii)(C);in (d)(iii)(D), added "by law other than W.S. 9-2-1014 .2 and 9-2-1014.3" and the last sentence; in the last sentence of (d)(v)(C), deleted "contingent" following "total of all" and added "including any appropriation under W.S. 9-2-1014.3."

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

Legislative intent. —

Laws 1993, ch. 125, § 3, provides: “The legislature declares that the intent of this act is to require, beginning with the 1994 budget session of the legislature and continuing thereafter, a means by which the governor and the legislature can comprehensively review proposed state expenditures within existing revenue sources for each budget period.”

Laws 1993, ch. 125, § 4, provides:

“(a) The intent of this act is:

“(i) To allow biennial review of state allocated funds regardless of whether they are appropriated from the general fund or earmarked by separate statute;

“(ii) To allow for a comprehensive and comparative review of all programs authorized by or funded by the legislature. The primary purpose is to focus attention on achieving the highest priority goals and objectives of the state, particularly in times of restricted revenues and reduced spending;

“(iii) To require a budget proposal from the executive department for program expenditures that would not exceed projected revenues and reserves over the biennial budget period.”

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Cited in

Witzenburger v. State ex rel. Wyo. Community Dev. Auth., 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo. 1978).

§ 9-2-1014. Report required with budget request; format and contents of report; compilation of compendium of agency reports; distribution of copies.

1. 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 .
2. 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 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.
3. 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 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.
4. For each submitted budget the joint appropriations committee shall review any budget shortfall or structural budget deficit identified by the governor or by the committee for the periods specified in W.S. 9-2-1013(d)(v). The committee shall report to the legislature the governor’s recommendations regarding any budget shortfall or structural budget deficit and the committee’s recommendations to the legislature to address a shortfall or deficit. The recommendations shall include:
   1. Specific or general budget reductions;
   2. Immediate contingent appropriations. Any recommendation for a contingent appropriation from the legislative stabilization reserve account shall be limited so that the total of all such contingent appropriations, together with any appropriation under W.S. 9-2-1014 .3, in any fiscal year does not exceed the lesser of one hundred eight million seven hundred thousand dollars ($108,700,000.00) or five percent (5%) of the balance of the account as of the first day of the fiscal year in which the recommendation is made;
   3. Recommended expenditure of funds from the legislative stabilization reserve account and other expendable funds; and
   4. Temporary redistribution of revenue streams.
5. In making its recommendations, the committee shall consider:
   1. The forecasted length and amount of the shortfall or deficit;
   2. The amount of funds available within the legislative stabilization reserve account and other expendable funds, and limitations on recommended contingent appropriations from the legislative stabilization account under this section and W.S. 9-2-1013(d)(v);
   3. Services which would be affected by the budget shortfall or deficit, including any constitutional requirement or lack of a constitutional requirement to provide the services;
   4. The ability to restructure programs and available revenues to address the budget shortfall or deficit;
   5. Current and forecasted short term and long term economic conditions of the state;
   6. Recommended depletion rates of expendable funds based upon:
      1. Prudent short and long term savings policies for state government; and
      2. The state’s revenue structure.

History. Laws 1888, ch. 54, § 4; 1890, ch. 5, § 1; R.S. 1899, § 180; C.S. 1910, § 262; C.S. 1920, § 302; R.S. 1931, § 109-1412; Laws 1933, ch. 17, § 1; 1941, ch. 84, § 1; C.S. 1945, § 18-105; W.S. 1957, § 9-21; Laws 1967, ch. 83, § 1; 1969, ch. 4, § 1; 1973, ch. 215, § 2; W.S. 1977, § 9-2-103 ; Laws 1982, ch. 62, § 3; 1985, ch. 78, § 1; 1991, ch. 29, § 3; 1997, ch. 178, § 1; 2014 ch. 7, § 2, effective July 1, 2014; 2016 ch. 118, § 2, effective July 1, 2016; 2021 ch. 56, § 3, effective April 1, 2021; 2021 ch. 124, § 2, effective April 6, 2021.

Cross references. —

As to the powers and duties of state librarian, see § 9-2-1026 .6.

For meaning of “department,” see § 9-2-1002(a)(ii).

As to legislative service office, see §§ 28-8-101 through 28-8-114 .

The 2014 amendment, in (c), substituted “Electronic or printed copies of the compendium” for “The compendium” in the first sentence; substituted “Printed copies of” for “Copies of,” and added “and to any legislator requesting a printed copy” at the end of the second sentence; and made stylistic changes.

The 2016 amendment , effective July 1, 2016, added (d) and (e).

The 2021 amendments. —

The first 2021 amendment, by ch. 56, § 3, added “and the department of administration and information” in the second sentence of (a); in (b), added “of administration and information” in the first sentence, in the second sentence, added “neither” following “compendium” and “nor the state budget department,” substituted “any” for “no” preceding “manner”; in the second sentence of (c), substituted “department “ for “budget division,” added “of administration and information” and made a stylistic change.

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The second 2021 amendment, by ch. 124, § 2, added "W.S." preceding "9-2-1013(d)(v)" in the first sentence of (d); in (d)(ii), added "stabilization," ", together with any appropriation under W.S. 9-2-1014 .3," "the lesser of" and "or five percent (5%) of the balance of the account as of the first day of the fiscal year in which the recommendation is made."

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

Public Records Act. —

The reference to the “Public Records Act” in subsection (b) is apparently a reference to §§ 16-4-201 through 16-4-205 .

Editor’s notes. —

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Cited in

State ex rel. Wyoming Agric. College v. Irvine, 14 Wyo. 318, 84 P. 90, 1906 Wyo. LEXIS 18 (1906); Witzenburger v. State ex rel. Wyo. Community Dev. Auth., 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo. 1978).

§ 9-2-1014.1. State budget; requests by recipients of certain earmarked funds for additional funding from the budget reserve account.

1. Any state agency that receives federal mineral royalties or severance tax distributions may request additional funding from the budget reserve account as provided in this section.
2. The total amount available for the purpose of this section shall be the estimated deposits into the budget reserve account for the next biennial budget period under W.S. 9-4-601(d)(iv) and 39-14-801(d)(ii).
3. Any state agency eligible to request additional funds from the budget reserve account under this section shall submit its request as part of the budget process under W.S. 9-2-1010 through 9-2-1014 .
4. The governor shall include his recommendations for additional funding for state agencies and for local governments from the budget reserve account in his budget recommendation submitted under W.S. 9-2-1013 to the legislature. His total recommendations under this section shall not exceed the total amount determined under subsection (b) of this section.
5. To the extent the legislature appropriates funds under this section from the budget reserve account for local governments, the appropriation shall comply with and be subject to the following:
   1. The amount appropriated to local governments shall not exceed the amount available under subsection (b) of this section, less appropriations under this section to state agencies;
   2. A total amount shall be annually appropriated to the state treasurer to be distributed to all local governments as follows:
      1. Thirty percent (30%) to counties, in the proportion which the population of the county bears to total state population;
      2. Seventy percent (70%) to cities and towns, each city and town to receive an amount in the proportion which the population of the city or town bears to the population of all cities and towns in Wyoming.
   3. The distributions to local governments under this section shall be made by the state treasurer no later than October 15, of the fiscal year next following the fiscal year for which the appropriation is made. The distributions shall be from revenues actually recognized in the fiscal year for which the appropriation is made. Any interest earned on invested funds allocated to local governments under this section shall be retained in the budget reserve account.
6. To the extent that actual recognized revenues are less than the estimated deposits referenced in subsection (b) of this section:
   1. The distribution of any appropriation to local governments under this section shall be reduced by a pro rata amount; and
   2. The state auditor shall reduce the spending authority of any state agency receiving an appropriation under this section by a pro rata amount.
7. For the purpose of this section:
   1. “Local government” means any county or municipality;
   2. Repealed by Laws 2009, ch. 170, § 2.
   3. “State agency” means the department of transportation, the University of Wyoming and the water development office.

History. Laws 2001, ch. 209, § 5; 2005, ch. 80, § 1; 2009, ch. 170, § 2; 2019 ch. 5, § 1, effective February 13, 2019.

The 2005 amendment, effective July 1, 2005, updated an internal reference to § 39-4-801 in (b).

The 2009 amendment, effective July 1, 2009, repealed (g)(ii), which read: “‘Population’ shall be determined by resort to the latest federal census as periodically updated by the bureau of the census.”

The 2019 amendment, in (d), deleted "December 1" and added "submitted under W.S. 9-2-1013 " in the first sentence.

Laws 2019, ch. 5, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 13, 2019.

§ 9-2-1014.2 Budget shortfall measures; expenditure reductions; use of contingent appropriations.

1. The governor shall periodically review agency budgets and expenditures. If the governor determines during the review that the probable receipts from taxes or other sources of revenue for any fund or account will be less than were anticipated, and if the governor determines that these receipts plus existing revenues in the fund or account which are available will be less than the amount appropriated, the governor, after complying with the provisions of this section, shall give notice to the state agencies concerned and reduce the amount expended to prevent a deficit. In making any determination under this subsection the governor may but need not consider statutory authority to transfer appropriated funds or use a contingent appropriation to address revenue shortfalls. This subsection shall apply to all appropriations to state agencies regardless of whether the appropriation is for a specified project or purpose, including but not limited to capital construction projects. This subsection shall apply whether the appropriation is to be expended directly by an agency or is made to an agency for distribution to another entity.
2. Before any expenditure is reduced pursuant to subsection (a) of this section, or if the governor otherwise determines that a shortfall in appropriated funds is likely at any time in a fiscal biennium prior to the convening of the next regular general or budget session of the legislature, the following actions shall be taken:
   1. The governor shall notify the chairmen of the joint appropriations committee, the management council of the legislature and the chairmen of the consensus revenue estimating group of any proposed expenditure reduction and any recommended use of a contingent appropriation. The consensus revenue estimating group shall meet as soon as feasible, review its latest official revenue forecast and determine if adjustments should be made to that forecast in light of existing economic conditions;
   2. The management council shall forward to the legislature the proposals and recommendations of the governor and assign review of the proposals and recommendations to various standing committees of the legislature as the council deems appropriate;
   3. The joint appropriations committee shall determine if it should recommend the use of a contingent appropriation to offset any likely budget shortfall for the remainder of the fiscal biennium. In making this determination and any recommendation the committee shall consider:
      1. The expenditure reductions that would be required without use of a contingent appropriation and the impact on services provided. The joint appropriations committee shall consider any comments received from any standing committee of the legislature regarding the potential impact on services;
      2. The period of time any decline in revenues resulting in the budget shortfall is forecasted to last;
      3. The availability of any other existing or projected funds to offset any predicted shortfall;
      4. The amount of time before the next regular general or budget legislative session;
      5. The percentage of the contingent appropriation needed to be used to ensure a budget shortfall will be alleviated until the end of either the fiscal biennium or the convening of a regular legislative session, as the joint appropriations committee deems in the best interests of the state.
3. The joint appropriations committee shall submit its recommendations to the governor not more than thirty (30) days after receiving notification under this section. After receiving the recommendation the governor may authorize the transfer of any contingent appropriation, subject to any condition placed on the contingent appropriation in the law making the appropriation, to any account or fund as he deems appropriate and to prevent a budget shortfall. The governor shall report all expenditure reductions and uses of contingent appropriations to the joint appropriations committee not later than ten (10) days after his action to implement the expenditure reduction or transfer contingent appropriations.

History. 2016 ch. 118, § 1, effective July 1, 2016.

Editor's notes. —

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Effective date. —

Laws 2016, ch. 118, § 4, makes the act effective July 1, 2016. Approved March 15, 2016.

§ 9-2-1014.3. Appropriation for public welfare emergencies; notification to legislature; legislative action.

1. Beginning July 1, 2021, as of the first day of each fiscal year, there is appropriated ten million dollars ($10,000,000.00) from the legislative stabilization reserve account. The appropriation may be allocated by the governor and shall only be expended as authorized by the governor for public welfare emergencies as defined in W.S. 9-2-1002(a)(xxv). The governor’s office shall provide the notice required under W.S. 9-2-1005(b)(ii)(A) and (B) for any expenditure under this section in excess of one hundred thousand dollars ($100,000.00).
2. Requests by a state department or agency for the allocation and expenditure of money appropriated pursuant to subsection (a) of this section shall be made by the administrative head of the department or agency in writing to the governor specifying the circumstances which are deemed necessary to require the requested allocation and expenditure by the governor.
3. Expenditures pursuant to this section shall be through a program with an approved budget, but expenditures shall not be limited to the purposes of a program with an approved budget. No amount allocated to be expended pursuant to this section shall increase the standard budget of any program for a subsequent fiscal biennium.
4. Expenditures pursuant to this section shall not be subject to the provisions of W.S. 9-2-1014 .2.

History. 2021 ch. 124, § 1, effective April 6, 2021; enacted by 2021 ch. 124, § 1, effective April 6, 2021.

Effective date. —

Laws 2021, ch. 124, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

§ 9-2-1015. [Repealed.]

Repealed by Laws 1997, ch. 178, § 2.

Editor's notes. —

This section, which derived from Laws 1971, ch. 203, § 20, related to the governor's submission of a tentative budget bill to the state house and senate.

§ 9-2-1016. General services division. [Renumbered]

History. Laws 1971, ch. 203, § 21; W.S. 1957, §§ 9-276.18:69, 9-276.18:89; Laws 1974, ch. 16, § 2; 1975, ch. 140, § 2; ch. 197, § 2; 1977, ch. 64, § 1; ch. 180, §§ 2, 3; W.S. 1977, §§ 9-3-2021, 9-3-2031; Laws 1978, ch. 29, § 1; 1979, ch. 10, § 2; ch. 157, § 2; 1981, ch. 115, § 1; ch. 120, § 1; 1982, ch. 44, § 1; ch. 62, § 3; 1983, ch. 78, § 1; ch. 139, § 1; ch. 191, § 2; 1987, ch. 88, § 2; 1988, ch. 15, § 1; 1991, ch. 29, § 3; ch. 54, § 1; ch. 241, § 3; 1994, ch. 57, § 1; 1996, ch. 100, § 2; 1997, ch. 99, § 1; 1997, ch. 178, § 1; 2004, ch. 130, § 1; 2005, ch. 181, § 1; 2006, ch. 114, § 1; 2007, ch. 64, § 1; 2009, ch. 168, § 302; 2013 ch. 9, § 1, effective July 1, 2013; 2016 ch. 105, §§ 3, 4, effective July 1, 2016; 2018 ch. 108, § 3, effective July 1, 2018; 2019 ch. 186, § 1, effective July 1, 2019; 2020 ch. 29, § 2, effective October 1, 2020; 2020 ch. 30, § 1, effective October 1, 2020; renumbered to Wyo. Stat. § 9-2-3204 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1017. Professional liability insurance for peace officers; limits of policy; definition of peace officer. [Renumbered]

History. Laws 1975, ch. 197, § 1; W.S. 1957, § 9-712.10; W.S. 1977, § 9-14-101 ; Laws 1982, ch. 62, § 3; 1983, ch. 84, § 1; 1986, ch. 74, § 2; renumbered to Wyo. Stat. § 9-2-3205 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1018. [Repealed.]

Repealed by Laws 2012, ch. 30, § 4.

Editor's notes. —

This section which derived from Laws 1971, ch. 203, § 23, related to information technology division; powers and duties.

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

§ 9-2-1019. Personnel hearings; state employee compensation commission created; duties. [Renumbered]

History. Laws 1971, ch. 203, § 24; W.S. 1957, § 9-276.18:71; W.S. 1977, § 9-3-2023; Laws 1979, ch. 138, §§ 1, 2; 1982, ch. 62, § 3; 1989, ch. 197, §§ 1, 2; 1994, ch. 15, § 321(o); 1997, ch. 88, § 1; 1997, ch. 178, § 1; 2000, ch. 39, § 1; 2007, ch. 37, § 1; 2012, ch. 96, § 1; renumbered to Wyo. Stat. § 9-2-3206 by 2021 ch. 56, § 4, effective April 1, 2021.

§§ 9-2-1020 and 9-2-1021. [Repealed.]

Repealed by Laws 1989, ch. 197, § 2.

Editor's notes. —

These sections, which derived from Laws 1971, ch. 203, §§ 25 and 26, related to the career service council.

§ 9-2-1022. Duties of department performed through human resources division. [Renumbered]

History. Laws 1971, ch. 203, § 27; W.S. 1957, § 9-276.18:74; W.S. 1977, § 9-3-2026; Laws 1979, ch. 10, § 2; 1982, ch. 62, § 3; 1985, ch. 113, § 1; 1986, ch. 28, § 1; 1987, ch. 95, § 1; ch. 171, § 1; 1988, ch. 54, § 1; 1989, ch. 52, §§ 1, 2; ch. 223, § 1; 1991, ch. 29, § 3; 1992, ch. 71, § 1; 1993, ch. 80, § 1; ch. 183, § 1; 1994, ch. 15, §§ 321(o), 327; 1996, ch. 1, § 337; 1996, ch. 110, § 1; 1997, ch. 178, § 1; 1998, ch. 24, § 1; ch. 30, § 303; ch. 32, § 1; ch. 98, § 1; 1999, ch. 33, § 1; 2000, ch. 29, § 1; 2001, ch. 55, § 3; 2007, ch. 152, § 1, ch. 205, § 1; 2008, ch. 116, § 1; 2009, ch. 129, §§ 1, 2; 2010, ch. 85, § 1; 2014 ch. 44, § 1, effective July 1, 2014; 2016 ch. 18, § 1, effective July 1, 2016; 2019 ch. 57, § 1, effective February 19, 2019; 2020 ch. 65, § 1, effective July 1, 2020; renumbered to Wyo. Stat. § 9-2-3207 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1023. [Repealed.]

Repealed by Laws 2008, ch. 116, § 2.

Editor's notes. —

This section, which derived from Laws 1971, ch. 203, § 28, related to the duties of the department being performed through the facilities management division.

Effective dates. —

Laws 2008, ch. 116, § 5, makes the act effective March 13, 2008.

§ 9-2-1024. Duties performed through division of economic analysis. [Renumbered]

History. Laws 1971, ch. 203, § 29; W.S. 1957, § 9-276.18:76; W.S. 1977, § 9-3-2028; Laws 1982, ch. 62, § 3; 1991, ch. 29, § 3; 2011, ch. 154, § 1; renumbered to Wyo. Stat. § 9-2-3208 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1025. [Repealed.]

Repealed by Laws 1989, ch. 178, § 3.

Editor's notes. —

This section, which derived from Laws 1921, ch. 107, § 1, related to the powers, duties and functions of the motor vehicle management services division.

§ 9-2-1026. Purchasing for legislature and judiciary; approval; requirements. [Renumbered]

History. Laws 1979, ch. 10, § 1; W.S. 1977, § 9-3-2032; Laws 1982, ch. 62, § 3; 1994, ch. 57, § 1; 2005, ch. 181, § 1; renumbered to Wyo. Stat. § 9-2-3209 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.1. [Repealed.]

Repealed by Laws 2012, ch. 30, § 4.

Editor's notes. —

This section which derived from Laws 1989, ch. 178, § 1, related to duties performed through information technology division.

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

§ 9-2-1026.2. [Repealed.]

Repealed by Laws 2012, ch. 30, § 4.

Editor's notes. —

This section which derived from Laws 1989, ch. 178, § 1, related to state telecommunications council, membership, vacancies, chairman, expenses, duties, state chief information officer to assist, cooperation with other entities, annual report.

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

§ 9-2-1026.3. [Repealed.]

Repealed by Laws 2005, ch. 142, § 2.

Editor's notes. —

These sections, which derived from Laws 1991, ch. 29, § 2, pertained to the creation, membership, powers and duties of the state library board.

Laws 2005, ch. 142, § 3, makes the act effective July 1, 2005.

§ 9-2-1026.4. [Repealed.]

Repealed by Laws 2005, ch. 142, § 2.

§ 9-2-1026.5. Federal library funds. [Renumbered]

History. Laws 1991, ch. 29, § 2; 2005, ch. 142, § 1; 2015 ch. 12, § 1, effective July 1, 2015; renumbered to Wyo. Stat. § 9-2-3210 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.6. State librarian; appointment; qualifications; filing of state publications; deposit of designated documents; exchange of session laws. [Renumbered]

History. Laws 1941, ch. 84, §§ 2, 3; C.S. 1945, §§ 18-107, 18-108; Laws 1953, ch. 143, §§ 3 to 5, 15; 1955, ch. 193, § 4; 1957, ch. 146, § 1; W.S. 1957, §§ 9-7, 9-8, 9-198 to 9-200, 9-202; W.S. 1977, §§ 9-1-109, 9-1-110, 9-3-901, 9-3-902, 9-3-920, 9-3-922; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-417 ; Laws 1990, ch. 33, § 2; 1991, ch. 29, § 4; ch. 56, § 1; 1997, ch. 178, § 1; 2005, ch. 142, § 1; ch. 210, § 3; renumbered to Wyo. Stat. § 9-2-3211 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.7. State librarian; acquisition of books and materials; disposition of outdated and unused books; disposition of unused materials and supplies; promulgation of rules. [Renumbered]

History. Laws 1953, ch. 143, § 8; W.S. 1957, §§ 9-199.1 to 9-199.3, 9-203; Laws 1971, ch. 170, §§ 1 to 3; W.S. 1977, §§ 9-3-903 to 9-3-905, 9-3-923; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-418; Laws 1991, ch. 29, § 4; 1997, ch. 178, § 1; 2000, ch. 48, § 1; 2005, ch. 142, § 1; renumbered to Wyo. Stat. § 9-2-3212 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.8. Interstate Library Compact; enactment; form. [Renumbered]

History. Laws 1965, ch. 70, § 1; ch. 181, § 1; W.S. 1957, § 9-212.9; W.S. 1977, § 9-3-1001; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-420 ; Laws 1991, ch. 29, § 5; renumbered to Wyo. Stat. § 9-2-3213 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.9. Compliance with local laws prerequisite to entering into library agreement. [Renumbered]

History. Laws 1965, ch. 70, § 2; W.S. 1957, § 9-212.10; W.S. 1977, § 9-3-1002; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-421; Laws 1991, ch. 29, § 5; 2006, ch. 114, § 1; renumbered to Wyo. Stat. § 9-2-3214 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.10. “State library agency”. [Renumbered]

History. Laws 1965, ch. 70, § 3; W.S. 1957, § 9-212.11; W.S. 1977, § 9-3-1003; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-422; Laws 1991, ch. 29, § 4; renumbered to Wyo. Stat. § 9-2-3215 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.11. State and federal aid to interstate library districts. [Renumbered]

History. Laws 1965, ch. 70, § 4; W.S. 1957, § 9-212.12; W.S. 1977, § 9-3-1004; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-423; Laws 1991, ch. 29, § 5; renumbered to Wyo. Stat. § 9-2-3216 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.12. Appointment of compact administrator and deputy administrators; removal. [Renumbered]

History. Laws 1965, ch. 70, § 5; W.S. 1957, § 9-212.13; W.S. 1977, § 9-3-1005; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-424; Laws 1987, ch. 175, § 1; 1991, ch. 29, § 5; renumbered to Wyo. Stat. § 9-2-3217 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1026.13. Notice of withdrawal from compact. [Renumbered]

History. Laws 1965, ch. 70, § 6; W.S. 1957, § 9-212.14; W.S. 1977, § 9-3-1006; Laws 1982, ch. 62, § 3; Rev. W.S. 1977, § 9-2-425; Laws 1991, ch. 29, § 5; renumbered to Wyo. Stat. § 9-2-3218 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1027. Short title. [Renumbered]

History. Laws 1983, ch. 191, § 1; renumbered to Wyo. Stat. § 9-23-101 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1028. Definitions. [Renumbered]

History. Laws 1983, ch. 191, § 1; 1985, ch. 235, § 2; 1991, ch. 29, § 3; ch. 241, § 3; 1998, ch. 6, § 3; 2000, ch. 48, § 2; 2013 ch. 11, § 2, effective July 1, 2013; 2019 ch. 134, § 1, effective February 27, 2019; 2019 ch. 185, § 1, effective July 1, 2019; renumbered to Wyo. Stat. § 9-23-102 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1029. Duties of department. [Renumbered]

History. Laws 1983, ch. 191, § 1; renumbered to Wyo. Stat. § 9-23-103 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1030. Qualification procedures. [Renumbered]

History. Laws 1983, ch. 191, § 1; 1997, ch. 178, § 1; 2019 ch. 134, § 1, effective February 27, 2019; renumbered to Wyo. Stat. § 9-23-104 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1031. Selection procedures. [Renumbered]

History. Laws 1983, ch. 191, § 1; 2011, ch. 112, § 1; 2019 ch. 134, § 1, effective February 27, 2019; 2019 ch. 185, § 1, effective July 1, 2019; renumbered to Wyo. Stat. § 9-23-105 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1032. Contract procedure. [Renumbered]

History. Laws 1983, ch. 191, § 1; 2019 ch. 185, § 1, effective July 1, 2019; renumbered to Wyo. Stat. § 9-23-106 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1033. Prohibited acts; civil penalty; initiation of action. [Renumbered]

History. Laws 1983, ch. 191, § 1; renumbered to Wyo. Stat. § 9-23-107 by 2020 ch. 30, § 2, effective October 1, 2020.

§ 9-2-1034. [Repealed.]

Repealed by Laws 1999, ch. 70, § 1.

Cross references. —

As to community college commission, see § 21-18-201 .

Editor's notes. —

This section, which derived from Laws 1987, ch. 179, § 1, created an employee suggestion award program for government employees and provided for its own repeal, effective July 1, 2001.

§ 9-2-1035. Definitions. [Renumbered]

History. Laws 2009, ch. 190, § 1; 2012, ch. 94, § 1; 2018 ch. 108, § 1, effective July 1, 2018; 2019 ch. 78, § 2, effective July 1, 2019; 2020 ch. 37, § 1, effective March 10, 2020; renumbered to Wyo. Stat. § 9-2-3219 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1036. Wyoming public finance and expenditure of funds website. [Renumbered]

History. Laws 2009, ch. 190, § 1; 2012, ch. 94, § 1; 2018 ch. 108, § 1, effective July 1, 2018; 2020 ch. 37, § 1, effective March 10, 2020; renumbered to Wyo. Stat. § 9-2-3220 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1037. Rulemaking authority. [Renumbered]

History. Laws 2009, ch. 190, § 1; 2018 ch. 108, § 1, effective July 1, 2018; 2020 ch. 37, § 1, effective March 10, 2020; renumbered to Wyo. Stat. § 9-2-3221 by 2021 ch. 56, § 4, effective April 1, 2021.

§ 9-2-1101. Commission; created; definitions.

1. The public safety communications commission is created.
2. As used in W.S. 9-2-1101 through 9-2-1104 :
   1. “Public safety agency” means any federal, state or political subdivision entity that provides emergency and public safety services, including state agencies employing peace officers enumerated in W.S. 6-1-104(a)(vi)(C) through (F) and approved for participation by the communications commission, fire management services, correctional services, emergency management, emergency and disaster relief services and if desired, county, municipal and federal law enforcement agencies;
   2. “System” means the wireless communications network providing regional and statewide radio communications capabilities to public safety agencies.

History. Laws 1980, ch. 68, § 1; W.S. 1977, § 9-3-2101; Laws 1982, ch. 62, § 3; 1986, ch. 64, § 1; 1991, ch. 121, § 1; 2004, ch. 41, § 1.

The 2004 amendment, effective July 1, 2004, in (a) substituted “public safety” for “law enforcement”; and rewrote (b), adding the definition for “public safety agency” and rewriting the definition for “system.”

§ 9-2-1102. Commission; composition; appointment of members; removal; terms; officers; vacancies; meetings.

1. The commission shall consist of thirteen (13) voting members to be appointed by the governor and who may be removed by the governor as provided in W.S. 9-1-202 . The voting members shall be appointed from each of the following associations and agencies from their membership:
   1. Wyoming police chiefs association;
   2. Wyoming sheriffs association;
   3. Division of criminal investigation, office of the attorney general;
   4. Wyoming game and fish department;
   5. Wyoming department of transportation;
   6. and (vii) Repealed by Laws 2017, ch. 17, § 2.
   7. Wyoming fire chiefs’ association;
   8. and (x) Repealed by Laws 2017, ch. 17, § 2.
   9. The public at large;
   10. An ambulance and emergency medical services organization;
   11. The Wyoming association of municipalities or another municipal government association;
   12. The Wyoming county commissioners association or another county government association;
   13. Repealed by Laws 2017, ch. 17, § 2.
   14. Tribal government or a tribal government association.
   15. Repealed by Laws 2017, ch. 17, § 2.
   16. A member of the Wyoming chapter of the association of public safety communications officials or the national emergency number association;
   17. The Wyoming office of homeland security.
2. Repealed by Laws 1991, ch. 121, § 2.
3. The commission shall elect from its members a chairman, a vice-chairman and a secretary. Vacancies in these offices shall be filled by the commission from its membership. The commission shall meet at least once every three (3) months. Appointments by the governor shall be made within thirty (30) days of expiration of membership terms. Nominee lists shall be furnished within ten (10) days upon expiration of any membership term. Each member shall serve a three (3) year term. A vacancy on the commission shall be filled for the unexpired term by the governor.
4. The person appointed to the commission pursuant to paragraph (a)(v) of this section shall be the chief technology officer of the Wyoming department of transportation or another employee of the Wyoming department of transportation who oversees information technology or telecommunications systems.

History. Laws 1980, ch. 68, § 1; W.S. 1977, § 9-3-2102; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1991, ch. 121, § 1, 2; 2004, ch. 41, § 1; 2007, ch. 102, § 1; 2017 ch. 17, § 1, § 2, effective February 16, 2017; 2022 ch. 94, § 1, effective March 16, 2022.

The 2004 amendment, effective July 1, 2004, rewrote (a), increasing the number of members from seven to 17, rewriting (a)(v), and adding (a)(vii) through (xvii); in (c) deleted “voting” preceding “member shall serve a three (3) year term,” and deleted “from a list of two (2) names submitted within ten (10) days of the vacancy by the appointing association or agency” from the end; and made related changes.

The 2007 amendment, effective July 1, 2007, in (a)(xii) substituted “An” for “Wyoming” and substituted “organization” for “association.”

The 2017 amendments. — The first 2017 amendment, in the introductory language of (a), substituted “eleven (11)” for “seventeen (17),” and added the second sentence; in (a)(xiii), substituted “The Wyoming association of municipalities or another” for “Municipal government or a,” and substituted “The Wyoming county commissioners association or another” for “County government or a,” and deleted “; and” at the end of (a)(xvi); and added (d).

The second 2017 amendment, rewrote the section by repealing (a)( vi), (a)(vii), (a)(ix), (a)(x), (a)(xv), and (a)(xvii).

Laws 2017, ch. 17, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 16, 2017.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2022 amendment, in the introductory language of (a), substituted “thirteen (13)” for “eleven (11),” deleted the former second sentence, which read, “The director of the Wyoming department of transportation, or his designee, shall serve as an ex officio nonvoting member of the commission,” deleted “eleven (11)” preceding “voting members” in the last sentence; and added (a)(xviii) and (a)(xix).

Laws 2022, ch. 94, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 16, 2022.

Temporary provisions. —

Laws 2004, ch. 41, § 3, provides that notwithstanding W.S. 9-2-1102(c), appointments to the public safety communications commission are to be made so that the terms of five (5) members of the commission expire on March 1, 2005, six (6) expire on March 1, 2006 and six (6) expire on March 1, 2007. Thereafter, all terms of the commission will be for three (3) years.

§ 9-2-1103. Commission; compensation of members.

Members of the commission shall receive mileage and per diem provided state employees.

History. Laws 1980, ch. 68, § 1; W.S. 1977, § 9-3-2103; Laws 1982, ch. 62, § 3; 1991, ch. 121, § 1; 2004, ch. 41, § 1.

The 2004 amendment, effective July 1, 2004, substituted “Members” for “Voting members” at the beginning of the section.

§ 9-2-1104. Commission; powers and duties; advisory capacity to promote system development; public meetings; clerical and administrative support.

1. The commission shall:
   1. Work with the state budget department, 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;
   2. Report in writing each year to the governor and the joint transportation, highways and military affairs interim committee concerning any problems related to the installation, operation and maintenance of the system and shall make any recommendations it deems appropriate as a part of the report;
   3. Submit a plan for statewide system networking to the department of enterprise technology services for inclusion in the statewide telecommunications plan developed pursuant to W.S. 9-2-2906(g);
   4. In cooperation with participating federal agencies, establish and assess user fees upon any federal law enforcement agency electing to use and participate in the system;
   5. Promulgate necessary rules and regulations governing system operation and participation and upon failure to comply with adopted rules and regulations, may suspend system use and participation by any participating and noncomplying public safety agency or private entity;
   6. Determine the participation of public safety agencies and private entities in the wireless communications network;
   7. On or before May 31 of each odd numbered year, submit to the governor and the joint transportation, highways and military affairs interim committee a report covering the period beginning July 1 of the following year and ending June 30 in the fourth succeeding year detailing the expected costs of implementing the statewide system networking plan. The report shall include projections of one-time and recurring costs;
   8. Recommend guidelines and standards for the development, implementation and operation of next generation 911 emergency communications systems and interoperable public safety communications and data systems in the state, including strategies for improving Wyoming’s current 911 system. As part of the recommendations developed under this paragraph, the commission may identify short-term and long-term technological and policy solutions that integrate existing legacy communications infrastructure into an interoperable system and may develop and submit recommendations for legislation or other state action to further develop and support next generation 911 operations in Wyoming;
   9. Promulgate necessary rules and regulations governing next generation 911 system operation and participation.
2. The commission may hold public meetings throughout the state and may take other appropriate measures to maintain close liaison with regional, county and municipal organizations and agencies involved in the system.
3. Necessary clerical and administrative support for the commission shall be furnished by the Wyoming department of transportation.

History. Laws 1980, ch. 68, § 1; W.S. 1977, § 9-3-2104; Laws 1982, ch. 62, § 3; 1989, ch. 178, § 2; 1991, ch. 29, § 3; ch. 121, § 1; ch. 241, § 3; 1997, ch. 178, § 1; 2004, ch. 41, § 1; 2012, ch. 30, § 3; 2017 ch. 17, § 1, effective February 16, 2017; 2021 ch. 56, § 3, effective April 1, 2021; 2022 ch. 94, § 1, effective March 16, 2022.

The 2004 amendment, effective July 1, 2004, in (a)(i) deleted “the state communications consultant established by W.S. 9-2-1105 ” preceding “the administrator of the information technology division,” and substituted “public safety” for “law enforcement,” and in (a)(v) substituted “public safety” for “federal, state or local,” and inserted “or private entity” at the end of the paragraph, and added (a)(vi).

The 2012 amendment, substituted “department of enterprise technology services, the department of homeland security” for “administrator of the information technology division of the department of administration and information” in (a)(i); in (a)(iii), substituted “department of enterprise technology services” for “administrator of the information technology division”, and substituted “W.S. 9-2-2906(g)” for “W.S. 9-2-1026 .1(a); and substituted “W.S. 19-13-104(d)(v)” for “W.S. 9-2-1026 .1(a)(xiii)” in (c).

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The 2017 amendment , in (a)(i), inserted “the budget division of the department of administration and information”; in (a)(ii), deleted “in October” following “each year,” and inserted “and the joint transportation, highways and military affairs interim committee”; added (a)(vii); and in (c), substituted “the Wyoming department of transportation” for “in accordance with W.S. 19-13-104(d)(v).”

Laws 2017, ch. 17, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 16, 2017.

The 2021 amendment, in (a)(i), added “state” preceding “budget,” deleted “division of the” following “budget” and “of administration and information” preceding “the department of enterprise.”

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

The 2022 amendment added (a)(viii) and (a)(ix).

Laws 2022, ch. 94, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 16, 2022.

§ 9-2-1105. [Repealed.]

Repealed by Laws 2004, ch. 41, § 2.

Editor's notes. —

These sections, which derived from Laws 1980, ch. 68, § 1, pertained to office of the state law enforcement radio communications consultant.

Laws 2004, ch. 41, § 4, makes the act effective July 1, 2004.

§ 9-2-1106. [Repealed.]

Repealed by Laws 2004, ch. 41, § 2.

§ 9-2-1201. Definitions.

1. As used in this act:
   1. “Board” means the Wyoming senior services advisory board created by W.S. 9-2-1211 ;
   2. “Division on aging” means the division within the Wyoming department of health designated pursuant to W.S. 9-2-1302(a)(iv);
   3. “Eligible senior center” means an organization that receives funds under the federal administration on aging Title IIIB supportive services program or Title IIIC nutrition program, excluding organizations that only receive Title IIIB supportive services funds used exclusively for transportation. The term “eligible senior center” may include a community facility or statewide service, which is the focal point for providing a broad spectrum of services including health, mental health, social, nutritional, recreational and educational services for senior citizens;
   4. “Senior citizen” means any person sixty (60) years of age or older;
   5. “This act” means W.S. 9-2-1201 through 9-2-1215 .

History. Laws 1981, Sp. Sess., ch. 25, § 1; W.S. 1977, § 9-3-2301; Laws 1982, ch. 62, § 3; 1987, ch. 58, § 2; 2003, ch. 170, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§§ 9-2-1202 and 9-2-1203. [Repealed.]

Repealed by Laws 1991, ch. 221, § 3.

Editor's notes. —

These sections, which derived from Laws 1981, Sp. Sess., ch. 25, § 1, related to the creation and composition of the state commission on aging.

§ 9-2-1204. Powers and duties; rules and regulations; addressing problems of senior citizens; funds and grant awards; development of senior citizen programs; report to governor.

1. The department of health shall:
   1. Adopt rules and regulations necessary to implement this act;
   2. Operate as the clearinghouse for issues concerning senior citizens within the state;
   3. Identify critical problems facing senior citizens, develop guidelines to contend with these problems and develop a statewide comprehensive plan for addressing the problems of senior citizens;
   4. Offer to review the services to senior citizens provided by state agencies and assist the agencies in developing senior citizen services;
   5. Contract with any governmental agency, private group or person to provide services for senior citizens;
   6. Receive and disburse funds authorized by P.L. 89-73, the “Older Americans Act”, or funds appropriated by the legislature, or from private gifts or grants;
   7. Ensure that any grant award and any disbursement of grant funds are contingent upon the demonstrated assurance of the credibility, the capability and the accountability of the grantee or subgrantee agency or organization in accordance with appropriate federal regulations, state law or generally accepted public policy;
   8. Upon request from a local governmental unit, assist in the planning and development of senior citizen programs by local governments;
   9. Employ field representatives in senior centers strategically located in the state to provide technical assistance, education and information to the state and its political subdivisions;
   10. Assist in the planning and development of programs to educate the public on the aging process, its consequences and problems;
   11. Collect and analyze data relating to senior citizen population, programs and needs, resources available to meet these needs and programs, governmental agencies involved in senior citizen programs and other pertinent information;
   12. Inform the governor, the legislature and the public of the problems and needs of senior citizens;
   13. Review applications for funding submitted to the department and, if requested, conduct hearings thereon in accordance with the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ];
   14. Operate the state as a single planning and service area under section 305 of the “Older Americans Act”, P.L. 89-73, as amended, and establish policies for the administration and implementation of programs under P.L. 89-73;
   15. Report to the governor as required by W.S. 9-2-1014 ;
   16. Administer the community based in-home services program as provided by W.S. 9-2-1208 ; and
   17. Administer the licensed shelter care program for eligible senior citizens as provided in W.S. 9-2-1209 .

History. Laws 1981, Sp. Sess., ch. 25, § 1; W.S. 1977, § 9-3-2304; Laws 1982, ch. 47, § 1; ch. 62, § 3; 1987, ch. 58, § 2; 1991, ch. 221, § 2; 1994, ch. 24, § 2; 2006, ch. 114, § 1.

The 2006 amendment made a stylistic change.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Older Americans Act. —

The federal Older Americans Act, referred to in subsection (a)(vi), appears as 42 U.S.C. §§ 3001 through 3057n. Section 305 of the act, referred to in subsection (a)(xiv), appears as 42 U.S.C. § 3025.

Meaning of “this act.” —

For the definition of this act, referred to in this section, see § 9-2-1201(a)(v).

§ 9-2-1205. [Repealed.]

Repealed by Laws 1991, ch. 221, § 3.

Editor's notes. —

This section, which derived from Laws 1981, Sp. Sess., ch. 25, § 1, related to the director of the state commission on aging.

§ 9-2-1206. State advisory council; appointment; composition; term; representation; removal.

1. The department advisory council on aging appointed pursuant to the “Older Americans Act”, P.L. 89-73, is established as the state advisory council to a designated division on aging. Each member serving on the council as of April 1, 1991 shall continue to serve until the normal expiration of his term and any member is eligible for reappointment.
2. The council shall consist of ten (10) members appointed by the director for terms of four (4) years. There shall be one (1) member of the advisory council from each appointment district and one (1) member each representing the pioneer home, the veteran’s home and the Wyoming retirement center. All appointments shall be for a four (4) year term. The director may remove any member as provided in W.S. 9-1-202 .
3. The term of any member appointed after July 1, 1981 shall expire on March 1 during the year of regular expiration.
4. Representation on the council shall be in accordance with the “Older Americans Act”, P.L. 89-73.

History. Laws 1981, Sp. Sess., ch. 25, § 1; W.S. 1977, § 9-3-2306; Laws 1982, ch. 62, § 3; 1987, ch. 175, § 1; 1991, ch. 221, § 2.

Older Americans Act. —

The Older Americans Act, referred to in subsections (a) and (d), means the federal Older Americans Act of 1965, which appears as 42 U.S.C. § 3001 et seq.

§ 9-2-1207. State advisory council; officers; meetings; quorum; records; expenses; duties.

1. The council shall elect each year from its members a chairman, vice-chairman and secretary.
2. The council shall meet quarterly and at any other time the chairman may direct or upon request of a majority of the council members.
3. Six (6) members of the council constitute a quorum for the transaction of council business.
4. Written records shall be kept of all council proceedings.
5. Council members shall be reimbursed for necessary expenses incurred in the performance of council duties in the manner and amount provided to state employees.
6. In addition to any other duties prescribed by law the advisory council on aging shall advise the division on aging on long term care issues including, but not limited to, assisted living, adult day care, boarding homes, home health agencies, hospice care, hospital care, nursing care, personal care and other issues that may face the aging.

History. Laws 1981, Sp. Sess., ch. 25, § 1; W.S. 1977, § 9-3-2307; Laws 1982, ch. 62, § 3; 1991, ch. 221, § 2; 2007, ch. 55, § 1.

The 2007 amendment, effective July 1, 2007, added (f).

Appropriations. —

Laws 2007, ch. 55, § 2, states as follows: “Eighteen thousand five hundred dollars ($18,500.00) is appropriated from the general fund and eighteen thousand five hundred dollars ($18,500.00) in federal funds to the department of health for the period ending June 30, 2008, for the cost of reimbursing nonstate employed members of the advisory council on aging for necessary expenses incurred in the performance of council duties.”

§ 9-2-1208. Community based in-home services.

1. Subject to the availability of funds, the department of health shall administer a state program to provide community based in-home services for Wyoming senior citizens and disabled adults eighteen (18) years of age and older. Priority shall be given to persons at risk of placement in nursing homes, assisted living or other institutional care settings and the program may serve persons who are not senior citizens if the program’s services are needed to avoid institutional placement.
2. The program authorized by this section may include but is not limited to the following in-home services:
   1. Homemaking services;
   2. Personal care services;
   3. Respite care to relieve caregivers;
   4. Hospice services for individuals who are not able to pay for the care due to lack of income or assets and are not able to qualify for hospice services under the Medicaid program; and
   5. Adult daycare.
3. The department shall:
   1. Establish a schedule of fees for services provided based upon the client’s ability to pay;
   2. Prescribe conditions of eligibility for services under this section based upon a client evaluation; and
   3. Promulgate rules and regulations necessary for the administration of the program;
   4. Repealed by Laws 2007, ch. 57, § 2.

History. Laws 1987, ch. 58, § 1; 1991, ch. 221, § 2; 2007, ch. 57, §§ 1, 2; ch. 219, § 2; 2010, ch. 67, § 1; 2021 ch. 133, § 1, effective July 1, 2021.

The 2007 amendments. —

The first 2007 amendment, by ch. 57, §§ 1, 2, in (a), inserted “Wyoming,” inserted “and disabled adults eighteen (18) years of age and older”; in (b), substituted “Personal care” for “Home health aid” in (ii), substituted “services” for “care” in (iv); in (c), substituted “evaluation” for “assessment” in (ii), repealed (iv), which read: “Within the limits of legislative appropriation and other available funds, administer programs under the “Older Americans Act”, P.L. 89-73, and any amendments thereto.”; and made stylistic changes.

Laws 2007, ch. 57, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 16, 2007.

The second 2007 amendment, by ch. 219, § 2, added the last sentence in (a); and inserted “for individuals who are not able to pay for the care due to lack of income or assets and are not able to qualify for hospice services under the Medicaid program” in (b)(iv).

Laws 2007, ch. 219, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2007.

While neither amendment gave affect to the other, both have been set out as reconciled by the legislative service office.

The 2010 amendment, effective July 1, 2010, in (a), deleted “as determined by consultation and assessment pursuant to the Wyoming Long Term Care Choices Act” following “services are needed.”

The 2021 amendment , effective July 1, 2021, in (a), added "Subject to the availability of funds," and made a related change.

Older Americans Act. —

The Older Americans Act, referred to in subsection (c)(iv), means the federal Older Americans Act of 1965, which appears as 42 U.S.C. § 3001 et seq.

§ 9-2-1209. Licensed shelter care program established; implementation.

1. The department of health shall administer a licensed shelter care program in accordance with this section. In administering the licensed shelter care program, the department through rule and regulation shall:
   1. Determine eligibility requirements to assist the elderly who do not qualify to receive medicaid but who are unable to afford private nursing home care;
   2. Select the least expensive nursing home in the area of the elderly person’s residence unless a private source other than the elderly person will pay not less than twenty-five percent (25%) of the difference between what the elderly person is able to contribute and the cost of the institution of the elderly person’s choice;
   3. Provide that where individuals can qualify for medicaid through trusts or otherwise, they shall do so rather than use this program. The program may be used as a transitional program while the individual is qualifying for medicaid.
2. When the number of elderly persons applying for licensed shelter care assistance exceeds the funds available for the program, the department of health shall create a waiting list and provide assistance as feasible on a first-come first-served basis.

History. Laws 1994, ch. 24, § 1; 1995, ch. 189, § 1.

§ 9-2-1210. Wyoming senior services board created.

There is created the Wyoming senior services board. The board shall consult with the division on aging to determine the award of grants under W.S. 9-2-1214 .

History. Laws 2003, ch. 170, § 1.

§ 9-2-1211. Wyoming senior services board; members; expenses.

1. The Wyoming senior services board shall consist of seven (7) voting members and a nonvoting, ex-officio member, as follows:
   1. The administrator of the division on aging within the department of health or his designee shall serve as a nonvoting, ex-officio member;
   2. One (1) member of the advisory council on aging appointed by the governor;
   3. Three (3) persons who are senior citizens appointed by the governor;
   4. Three (3) members at large appointed by the governor.
2. The terms of members appointed under paragraphs (a)(ii) through (iv) of this section shall be for four (4) years. Of the initial appointees under paragraph (a)(iii) of this section, two (2) members shall be appointed for two (2) years and one (1) member shall be appointed for four (4) years and of the initial appointees under paragraph (a)(iv) of this section, one (1) member shall be appointed for two (2) years and one (1) member shall be appointed for four (4) years. The governor may remove any member appointed under paragraph (a)(ii) through (iv) of this section as provided in W.S. 9-1-202 . A vacancy on the board shall be filled for the balance of the unexpired term. The board shall select one (1) of its voting members to serve as chairman.
3. The board shall meet not less than two (2) times each year. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their official duties in the manner and amounts provided by law for state employees. Members who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the board.

History. Laws 2003, ch. 170, § 1; 2007, ch. 56, § 1.

The 2007 amendment, in (a) inserted “voting” and inserted “and a nonvoting, ex-officio member,” in (a)(i) inserted “shall serve as a nonvoting, ex-officio member”; in (a)(iv) substituted “Three (3)” for “Two (2)”; in (b) inserted “voting” preceding “members to serve.”

Laws 2007, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 16, 2007.

Editor's notes. —

Laws 2007, ch. 56, § 2, provides: “(a) Notwithstanding W.S. 9-2-1211(b) the initial term of the additional member appointed to the senior services board under the provisions of this act shall expire on June 30, 2009. Thereafter the member shall be appointed to a four (4) year term, in accordance with W.S. 9-2-1211(b).”

“(b) Existing rules of the division on aging adopted pursuant to W.S. 9-2-1211 through 9-2-1215 shall continue as rules of the Wyoming senior services board until the board adopts superseding rules pursuant to this act.”

§ 9-2-1212. Board; duties and responsibilities.

1. The Wyoming senior services board shall:
   1. Review emergency grant proposals;
   2. Adopt the basic grant amount, grant formula and approve criteria for emergency grant applications through rules and regulations promulgated by the board to meet the following public purposes:
      1. To meet the demands of Wyoming’s growing elderly population;
      2. To enhance services to Wyoming’s senior citizens;
      3. To strengthen the opportunity for senior citizens to age in the least restrictive environment possible;
      4. To be cost effective in the provision of services to senior citizens;
      5. To promote compliance with federal and state mandates requiring placement of people in the least restrictive environment; and
      6. To supplement and enhance existing programs providing services to senior citizens in the state.
   3. Review and monitor the expenditure of monies awarded under W.S. 9-2-1214 ;
   4. In consultation with the division on aging, promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of W.S. 9-2-1210 through 9-2-1215 ; and
   5. Consider other necessary matters.
2. In fulfilling its duties under subsection (a) of this section, the board shall:
   1. Consult with the division on aging and the advisory council on aging appointed pursuant to W.S. 9-2-1206 , as necessary;
   2. Consider and may accept federal grants and other contributions, grants, gifts, bequests and donations from any source. Any funds received pursuant to this paragraph are continuously appropriated to the board to be separately accounted for and expended by grants to senior centers for the public purposes specified in paragraph (a)(ii) of this section and need not be expended as part of an authorized basic or emergency grant.

History. Laws 2003, ch. 170, § 1; 2007, ch. 56, § 1.

The 2007 amendment, in (a) substituted “emergency” for “innovative program grants and” in (i); and in (ii) substituted “Adopt the basic grant amount, grant formula and approve” for “Approve,” substituted “emergency” for “grant categories and” and substituted “board” for “division on aging”; and added the second sentence in (b)(ii).

Laws 2007, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 16, 2007.

Wyoming Administrative Procedure Act. —

See 16-3-101(a), (b)(xi).

Editor's notes. —

Laws 2007, ch. 56, § 2, provides: “Existing rules of the division on aging adopted pursuant to W.S. 9-2-1211 through 9-2-1215 shall continue as rules of the Wyoming senior services board until the board adopts superseding rules pursuant to this act.”

§ 9-2-1213. Division on aging; duties.

1. The division on aging shall:
   1. Maintain, manage and be responsible for the distribution of the funds appropriated for distribution under W.S. 9-2-1212 and 9-2-1214 ;
   2. Disburse the funds appropriated in accordance with awards made by the board pursuant to W.S. 9-2-1212 and 9-2-1214 .

History. Laws 2003, ch. 170, § 1; 2007, ch. 56, § 1.

The 2007 amendment, effective February 16, 2007, inserted “9-2-1212” preceding “9-2-1214” in (a)(i) and (ii).

Laws 2007, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 16, 2007.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Laws 2007, ch. 56, § 2, provides: “(b) Existing rules of the division on aging adopted pursuant to W.S. 9-2-1211 through 9-2-1215 shall continue as rules of the Wyoming senior services board until the board adopts superseding rules pursuant to this act.”

§ 9-2-1214. Disbursement of grants.

1. From the funds available for distribution, the division on aging may first retain not more than one percent (1%) to pay allowable expenses of the board. The board may award grants to senior centers throughout the state to support the purposes specified in W.S. 9-2-1212(a)(ii) from remaining funds available for distribution. The division on aging shall disburse grant funds in accordance with awards made by the board under this section.
2. Notwithstanding W.S. 9-4-207 , unobligated or unencumbered funds retained by the division on aging under this section shall not lapse at the end of a fiscal period and shall remain available for distribution as provided in this section. All funds retained pursuant to this subsection shall be accounted for separately. These funds shall not be required to be distributed pursuant to any grant formula adopted pursuant to this article but shall be available for emergency grants or may be distributed according to a grant formula as determined by the board.
3. The board, in consultation with the division on aging, shall by rule and regulation establish a formula for distribution of funds remaining available for distribution under this section as follows:
   1. Each eligible senior center in the state shall receive the same basic grant of up to thirty thousand dollars ($30,000.00) annually from the funds available for distribution;
   2. Of the amounts remaining after the basic grants are awarded, the board shall annually award ninety-five percent (95%) for grants to eligible senior centers based on the formula developed by the board in consultation with the division on aging. Funds remaining after the award of grants under this paragraph shall be used for emergency grants based upon rules adopted by the board, in consultation with the division on aging. Rules for emergency grants shall provide procedures and criteria for application for and award of emergency grants. Emergency grants shall be paid only if the center has no other available source of funds for the emergency. No emergency grant shall exceed twenty thousand dollars ($20,000.00) for any single occurrence.

History. Laws 2003, ch. 170, § 1; 2007, ch. 56, § 1.

The 2007 amendment, effective February 16, 2007, in (a) inserted “the division on aging may first retain not more than one percent (1%) to pay allowable expenses of the board,” inserted “from remaining funds available for distribution,” and inserted “grant” in the second sentence; added the second sentence in (b); in (c), inserted “remaining” in the introductory language, rewrote (i) and (ii), changing dollar amounts and percentages of funds awarded to eligible senior centers, and added the last three sentences in (ii); and made stylistic and related changes.

Laws 2007, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 16, 2007.

Editor's notes. —

Laws 2007, ch. 56, § 2, provides: “Existing rules of the division on aging adopted pursuant to W.S. 9-2-1211 through 9-2-1215 shall continue as rules of the Wyoming senior services board until the board adopts superseding rules pursuant to this act.”

§ 9-2-1215. Biennial report by board. [Repealed]

History. Laws 2003, ch. 170, § 1; 2008, ch. 44, § 1; Laws 2015, ch. 59, § 2.

§ 9-2-1301. Short title.

This act [§§ 9-2-1301 through 9-2-1309 ] may be cited as the “Long Term Care Ombudsman Act”.

History. Laws 1985, ch. 229, § 1.

§ 9-2-1302. Definitions.

1. As used in this act [§§ 9-2-1301 through 9-2-1309 ]:
   1. Repealed by Laws 1991, ch. 221, § 3.
   2. “Department” means the department of health;
   3. “Director” means the director of the department;
   4. “Division” means a division or section on aging as designated by the director;
   5. “Long term care service” means any service, provided by an assisted living facility, adult day care facility, boarding home, home health agency, hospice, hospital swing bed, nursing care facility, personal care agency or other type of service subject to regulation, certification or licensure by the department, but not including habilitative care;
   6. “Older Americans Act” means the federal Older Americans Act, as amended;
   7. “Resident” means any adult who is receiving a long term care service.

History. Laws 1985, ch. 229, § 1; 1991, ch. 221, §§ 2, 3; 2005, ch. 133, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (a)(v), which formerly defined “long term care facility”; added (a)(vi), redesignating former (a)(vi) as (a)(vii); and made related and stylistic changes.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Older Americans Act. —

The federal Older Americans Act, referred to in subsection (a)(vi), appears as 42 U.S.C. §§ 3001 through 3057n.

§ 9-2-1303. Office created.

There presently exists, pursuant to the Older Americans Act, the office of long term care ombudsman. The office is under the supervision of the department through its director or as otherwise directed by the department.

History. Laws 1985, ch. 229, § 1; 1991, ch. 221, § 2; 2005, ch. 133, § 1.

The 2005 amendment, effective July 1, 2005, substituted “the Older Americans Act” for “federal law.”

§ 9-2-1304. Responsibilities.

1. The responsibilities of the ombudsman shall be to:
   1. Investigate, advocate and mediate on behalf of adults applying for or receiving long term care services, to resolve complaints concerning actions or inactions that may adversely affect resident health, safety, welfare or rights and that do not involve determination of compliance for maintaining a license or certification;
   2. Provide information to public agencies about the problems of residents receiving long term care services;
   3. Carry out other activities consistent with the purpose of this act which the department determines appropriate; and
   4. Monitor the development and implementation of federal, state and local laws, regulations and policies with respect to long term care services in Wyoming.

History. Laws 1985, ch. 229, § 1; 1991, ch. 221, § 2; 2005, ch. 133, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (a)(i); deleted former (a)(iii), pertaining to the training of volunteers and the development of citizens organizations to participate in the ombudsman program, redesignating the remaining paragraphs in (a) accordingly; twice substituted “services” for “facilities”; and made related and stylistic changes.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-1305. Investigations.

1. The ombudsman shall conduct an appropriate inquiry into all complaints pursuant to this act [§§ 9-2-1301 through 9-2-1309 ]. The ombudsman shall notify any provider of a long term care service affected by the inquiry.
2. In conducting an inquiry, the ombudsman shall engage in appropriate actions including:
   1. Making inquiries of affected parties or those with the knowledge of matters necessary to establish, deny or resolve the complaint;
   2. Entering, at any reasonable time, the facility of a provider of any long term care service subject to regulation, certification or licensure by the department;
   3. Presenting proper identification to any long term care service provider, if requested.
3. Any inquiry that requires the inspection or obtaining of medical records or other resident records which are pertinent to the inquiry shall comply with all established privacy notification requirements.
4. The resident, or resident’s guardian, may participate in planning any course of action to be taken on his behalf by the ombudsman.

History. Laws 1985, ch. 229, § 1; 1991, ch. 221, § 2; 2005, ch. 133, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (a) through (c), in part deleting provisions making notice discretionary, and in part requiring compliance with privacy notification requirements, and making stylistic changes.

§ 9-2-1306. Resolution of complaints.

1. The ombudsman shall attempt to resolve the complaint using mediation and negotiation whenever possible.
2. Following an investigation, the ombudsman shall report his findings and recommendations to the resident or resident’s guardian and may report the findings to any other entity deemed appropriate.
3. The provider of long term care service complained against shall have a reasonable opportunity to respond to the complaint. If the problem seriously threatens the safety or well-being of a resident, the ombudsman shall refer the complaint to an appropriate agency.

History. Laws 1985, ch. 229, § 1; 2005, ch. 133, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, in part, restructuring it, deleting the requirement that the ombudsman deliver the report of his investigation to the chief administrative officer of the facility or government agency affected, and deleting provisions for appeal.

§ 9-2-1307. Confidentiality.

The identity of any resident on whose behalf a complaint is made, or any person providing information to an investigation shall be confidential. The identity of any person shall be disclosed only with the written permission of the individual. If the complaint becomes the subject of a judicial proceeding, the investigative information may be disclosed as required by the court.

History. Laws 1985, ch. 229, § 1.

§ 9-2-1308. Retaliation.

No person shall discriminate against any resident, relative or guardian of a resident, employee of a long term care service provider or any other person because of the making of a complaint or providing of information, in good faith, to the ombudsman.

History. Laws 1985, ch. 229, § 1; 2005, ch. 133, § 1.

The 2005 amendment, effective July 1, 2005, substituted “service provider” for “facility.”

§ 9-2-1309. Access to ombudsman.

No resident shall be denied the right to contact the ombudsman.

History. Laws 1985, ch. 229, § 1.

§§ 9-2-1401 through 9-2-1409. [Repealed.]

Repealed by Laws 1998, ch. 6, § 5.

Cross references. —

As to the transfer of duties to the Wyoming Business Council, see § 9-12-101 et seq.

Editor's notes. —

These sections, which derived from Laws 1985, ch. 235, § 1, related to the Economic Development and Stabilization Board.

§ 9-2-1501. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

Editor's notes. —

These sections, which derived from Laws 1986, ch. 92, § 1, and Laws 1988, ch. 89, § 206, also comprised a Medical Review Panel Act.

Laws 2005, ch. 244, § 4(a), makes the act effective July 1, 2005.

§ 9-2-1502. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1503. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1504. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1505. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1506. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1507. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1508. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1509. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1510. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1511. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

§ 9-2-1512. [Repealed.]

Repealed by Laws 2005, ch. 244, § 2.

Editor's note. —

Laws 2005, ch. 231, § 4, provides that if 2005 House Bill 0083 was enacted into law, § 9-2-1512 (b), as amended by section 1 of the act, deleting reference to the earmarked revenue fund, would not be effective, but if 2005 House Bill 0083 was not enacted into law, §. 9-2-1512 (b), as amended in section 1 of the act, would be effective. 2005 House Bill 0083 was enacted into law as Laws 2005, ch. 244, and thus the amendment to § 9-2-1512 by Laws 2005, ch. 231, § 1, was not given effect.

§ 9-2-1513. Short title. [Repealed effective July 1, 2022]

This act may be cited as the “Wyoming Medical Review Panel Act of 2005”.

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1515(a)(vi)

Appropriations. —

Laws 2005, ch. 244, § 3(b), appropriates $250,000, or as much thereof as necessary, from the general fund to the office of the attorney general, and the attorney general is authorized up to two additional full-time equivalent positions to carry out the purposes of the act.

Effective dates. —

Laws 2005, ch. 244, § 4(a), makes the act generally effective July 1, 2005. Laws 2005, ch. 244, § 4(b), makes § 3(b) of the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2005.

§ 9-2-1513. Short title. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1514. Purpose of provisions. [Repealed effective July 1, 2022]

1. The purposes of this act are:
   1. To prevent where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice; and
   2. To make possible the fair and equitable disposition of such claims against health care providers as are, or reasonably may be, well founded.

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1515(a)(vi)

Relationship to federal law. —

Unpublished decision: District court did not err in dismissing plaintiff's Federal Tort Claims Act (FTCA), 28 U.S.C.S. §§ 1346, 2671-2680, claims for failure to comply with the Wyoming Medical Review Panel Act of 2005, Wyo. Stat. Ann. §§ 9-2-1513 to 9-2-1523 ; complying with the Wyoming Act did not constitute an unnecessary repetition of the FTCA's requirements (rather, compliance furthered Wyoming's goal of preventing where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice), and a claimant's compliance with the Wyoming Act's requirements was mandatory, even if a health care provider ultimately chose not to participate in the process (because a claimant's obligations were not excused when a private provider declines to participate, they likewise could not be excused merely because the United States would not participate). Van Dyke v. United States, 457 Fed. Appx. 721, 2012 U.S. App. LEXIS 753 (10th Cir. Wyo. 2012).

Quoted in

Stroth v. N. Lincoln County Hosp. Dist., 2014 WY 81, 2014 Wyo. LEXIS 87 (Jun 23, 2014).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of third-party health care payor for injury arising from failure to authorize required treatment, 56 ALR5th 737.

§ 9-2-1514. Purpose of provisions. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1515. Definitions. [Repealed effective July 1, 2022]

1. As used in this act:
   1. “Health care provider” means a person or facility licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, but does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices;
   2. “Malpractice claim” or “claim” means any claim against a health care provider for alleged medical treatment, alleged lack of medical treatment, or other alleged departure from accepted standards of health care which results in damage to the patient;
   3. “Panel” means the medical review panel provided for under this act;
   4. “Reasonable probability” means a factual basis which might lead a reasonable mind to the conclusion. Where there is evidence in the record and room for two (2) opinions, the conclusion shall be reached honestly and upon due consideration;
   5. “Substantial evidence” means relevant and competent evidence that a reasonable mind might accept as adequate to make a finding of fact. It may be less than the weight of the evidence, but it shall not be clearly contrary to the overwhelming weight of the evidence. More is required to meet the burden than a mere scintilla of evidence or suspicion of the existence of a fact to be established;
   6. “This act” means W.S. 9-2-1513 through 9-2-1523 .

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Construction with Governmental Claims Act. —

While the Medical Review Panel Act applies to health care providers, it, unlike the Wyoming Governmental Claims Act, explicitly refers to malpractice claims as the claims subject to its provisions, and the use of the term “malpractice claims” in the Medical Review Panel Act demonstrates the legislature knew how to limit the scope of a statute to malpractice claims; it did not include any such limitation in Wyo. Stat. Ann. § 1-39-110 , and the supreme court is not at liberty to read one into it. Wyo. State Hosp. v. Romine, 2021 WY 47, 483 P.3d 840, 2021 Wyo. LEXIS 53 (Wyo. 2021).

§ 9-2-1515. Definitions. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1516. Service of pleadings; computation of time. [Repealed effective July 1, 2022]

1. The claim, answer, decision and all other pleadings required to be served under this act shall be served in accordance with the Wyoming Rules of Civil Procedure.
2. Computation of time periods prescribed or allowed under this act shall be in accordance with rule 6 of the Wyoming Rules of Civil Procedure.

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1516. Service of pleadings; computation of time. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1517. Panel created; compensation; director of panel; appointment and duties; rulemaking. [Repealed effective July 1, 2022]

1. There is created the Wyoming medical review panel.
2. The panel shall have a director who shall be the attorney general or his designee and shall conduct the administrative business of the panel and otherwise implement this act. The director may use the office of administrative hearings as necessary and may employ personnel or contract for services necessary to implement this act. The director shall promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement this act.
3. Members of the panel shall receive compensation while engaged in the business of the board of five hundred dollars ($500.00) per day each day the panel is convened, plus two hundred dollars ($200.00) per preparation day, not to exceed two thousand dollars ($2,000.00) per claim reviewed. Compensation for travel and other services shall be as provided in W.S. 9-3-102 and 9-3-103 .

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Appropriations. —

Laws 2005, ch. 244, § 3, appropriates $500,000, or as much thereof as necessary, from the general fund to the medical review panel to carry out the purposes of the act.

Editor's note. —

Laws 2021, ch. 99, § 3, provides: "On and after the effective date of this section, no malpractice claims against health care providers shall be filed with the medical review panel created by W.S. 9-2-1517(a). On and after the effective date of this section, all activities related to the implementation of the Wyoming Medical Review Panel Act of 2005 shall be ceased except as necessary to finalize decisions on malpractice claims against health care providers that are filed with the medical review panel prior to the effective date of this section."

Effective dates. —

Laws 2005, ch. 244, § 4(a), makes the act generally effective July 1, 2005. Laws 2005, ch. 244, § 4(b), makes § 9-2-1517(b) effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2005.

§ 9-2-1517. Panel created; compensation; director of panel; appointment and duties; rulemaking. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1518. Claims to be reviewed by panel; prohibition on filing claims in court; tolling of statute of limitation; immunity of panel and witnesses; administration. [Repealed effective July 1, 2022]

1. The panel shall review all malpractice claims against health care providers filed with the panel except those claims subject to a valid arbitration agreement allowed by law or upon which suit has been filed prior to July 1, 2005. Unless submission to the panel is waived in accordance with W.S. 9-2-1519(a), no complaint alleging malpractice shall be filed in any court against a health care provider before a claim is made to the panel and its decision is rendered. The running of the applicable limitation period in a malpractice action is tolled upon receipt by the director of the claim and does not begin again until thirty (30) days after the panel’s final decision, or seventy-five (75) days after the panel’s last hearing, whichever occurs earlier.
2. Panel members are absolutely immune from civil liability for all acts in the course and scope of the duties under this act, including but not limited to communications, findings, opinions and conclusions.
3. The panel may provide for the administration of oaths, the receipt of claims, the promulgation of forms required under this act, the issuance of subpoenas in connection with the administration of this act, and the performance of all other acts required to fairly and effectively administer this act. A party requesting a subpoena shall bear all costs of mileage and witness fees.

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1515(a)(vi)

Relationship to Government Claims Act. —

Wyoming Governmental Claims Act's (WGCA) omission of a reference to the tolling provision contained in the Wyoming Medical Review Panel Act of 2005 evidences the legislature's intent that the tolling provision does not apply in the context of the notice-of-claim requirement under the WGCA; accordingly, the tolling provision in the Medical Review Panel Act does not operate to toll the two-year period for submitting a notice of claim to a governmental entity under the WGCA. Stroth v. N. Lincoln County Hosp. Dist., 2014 WY 81, 327 P.3d 121, 2014 Wyo. LEXIS 87 (Wyo. 2014).

District court did not err in dismissing a personal representative's complaint against a medical center because the representative failed to submit a timely notice of claim under the Wyoming Governmental Claims Act (WGCA); the tolling provision contained in the Wyoming Medical Review Panel Act does not operate to toll the two-year period for submitting a notice of claim to a governmental entity under the WGCA. Stroth v. N. Lincoln County Hosp. Dist., 2014 WY 81, 327 P.3d 121, 2014 Wyo. LEXIS 87 (Wyo. 2014).

Because a personal representative's notice of claim to the Medical Review Panel was filed over two years after the date of the alleged act, error, or omission, the Wyoming Medical Review Panel Act of 2005 could not have operated to toll the time period for filing a notice of claim under the Wyoming Governmental Claims Act. Stroth v. N. Lincoln County Hosp. Dist., 2014 WY 81, 327 P.3d 121, 2014 Wyo. LEXIS 87 (Wyo. 2014).

Plain language of the statute unambiguously indicates the tolling period applies to the filing of a “complaint” in any court against a health care provider, but a notice of claim is not a “complaint” that must be filed in a “court”; it must be submitted to the governmental entity alleged to have been responsible for causing harm to the claimant, and if the condition is satisfied, the claimant is subject to a one-year statute of limitations for filing an action. Stroth v. N. Lincoln County Hosp. Dist., 2014 WY 81, 327 P.3d 121, 2014 Wyo. LEXIS 87 (Wyo. 2014).

While the Medical Review Panel Act applies to health care providers, it, unlike the Wyoming Governmental Claims Act, explicitly refers to malpractice claims as the claims subject to its provisions, and the use of the term “malpractice claims” in the Medical Review Panel Act demonstrates the legislature knew how to limit the scope of a statute to malpractice claims; it did not include any such limitation in Wyo. Stat. Ann. § 1-39-110 , and the supreme court is not at liberty to read one into it. Wyo. State Hosp. v. Romine, 2021 WY 47, 483 P.3d 840, 2021 Wyo. LEXIS 53 (Wyo. 2021).

Relationship to federal law. —

Unpublished decision: District court did not err in dismissing plaintiff's Federal Tort Claims Act (FTCA), 28 U.S.C.S. §§ 1346, 2671-2680, claims for failure to comply with the Wyoming Medical Review Panel Act of 2005, Wyo. Stat. Ann. §§ 9-2-1513 to 9-2-1523 ; complying with the Wyoming Act did not constitute an unnecessary repetition of the FTCA's requirements (rather, compliance furthered Wyoming's goal of preventing where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice), and a claimant's compliance with the Wyoming Act's requirements was mandatory, even if a health care provider ultimately chose not to participate in the process (because a claimant's obligations were not excused when a private provider declines to participate, they likewise could not be excused merely because the United States would not participate). Van Dyke v. United States, 457 Fed. Appx. 721, 2012 U.S. App. LEXIS 753 (10th Cir. Wyo. 2012).

Cited in

Nobles v. Mem'l Hosp. of Laramie County, 2013 WY 66, 301 P.3d 517, 2013 Wyo. LEXIS 70 (May 28, 2013).

Quoted in

Kindred Healthcare Operating, Inc. v. Boyd, 2017 WY 122, 403 P.3d 1014, 2017 Wyo. LEXIS 128 (Wyo. 2017).

Law reviews. —

For comment, “Medical Malpractice Insurance Crisis: The Boys Who Cry ‘Wolf,’ ” see XXI Land & Water L. Rev. 203 (1986).

Am. Jur. 2d, ALR and C.J.S. references. —

What nonpatient claims against doctors, hospitals or similar health care providers are not subject to statutes specifically governing actions and damages for medical malpractice, 88 ALR4th 358.

§ 9-2-1518. Claims to be reviewed by panel; prohibition on filing claims in court; tolling of statute of limitation; immunity of panel and witnesses; administration. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1519. Claim review procedure; contents of claim; service of claim on provider; answer. [Repealed effective July 1, 2022]

1. Unless the claimant and respondent agree by written statements to waive submission to the panel, claimants shall submit a claim for the consideration of the panel prior to filing a complaint in any court in this state by addressing a claim, in writing, signed by the claimant or his attorney, to the director of the panel. The claim shall contain:
   1. A statement in reasonable detail of the elements of the health care provider’s conduct which are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all health care providers having contact with the claimant relevant to the claim and all witnesses;
   2. A medical record release form, signed by the claimant, authorizing the panel to obtain access to all health care provider records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.
2. The claimant shall submit, within sixty (60) days following receipt of the health care provider’s answer as required by subsection (e) of this section, a statement prepared and signed by an expert in the specialty or subspecialty of medical practice at issue, setting forth the basis for the expert’s belief that the conduct is believed to constitute a malpractice claim and the evidence currently available to support the expert’s opinion.
3. The claim may be amended by filing an amendment not less than fourteen (14) days prior to the hearing date.
4. Upon receipt of a claim, the director shall cause a true copy of the claim to be served on the health care providers against whom the claim has been filed.
5. The health care provider shall answer the claim within sixty (60) days after service of the medical records release required under subsection (b) of this section and shall submit a medical records release authorizing the panel to inspect all health care provider records and information pertaining to the claim except those records which are confidential pursuant to W.S. 35-2-910 or 35-17-105 or 42 U.S.C. 11137(b). The answer shall be filed with the director who shall serve a copy on the claimant. If the health care provider fails to timely file an answer to the claim, the claimant may immediately pursue the claim in a court of competent jurisdiction.

History. Laws 2005, ch. 244, § 1; 2010, ch. 81, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Cross references. —

As to general administrative procedure for contested cases, see § 16-3-107 .

The 2010 amendment, effective July 1, 2010, in (b), substituted “receipt of the health care provider's answer as required by subsection (e) of this section” for “the submission of the claim.”

Relationship to federal law. —

Unpublished decision: District court did not err in dismissing plaintiff's Federal Tort Claims Act (FTCA), 28 U.S.C.S. §§ 1346, 2671-2680, claims for failure to comply with the Wyoming Medical Review Panel Act of 2005, Wyo. Stat. Ann. §§ 9-2-1513 to 9-2-1523 ; complying with the Wyoming Act did not constitute an unnecessary repetition of the FTCA's requirements (rather, compliance furthered Wyoming's goal of preventing where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice), and a claimant's compliance with the Wyoming Act's requirements was mandatory, even if a health care provider ultimately chose not to participate in the process (because a claimant's obligations were not excused when a private provider declines to participate, they likewise could not be excused merely because the United States would not participate). Van Dyke v. United States, 457 Fed. Appx. 721, 2012 U.S. App. LEXIS 753 (10th Cir. Wyo. 2012).

Cited in

Nobles v. Mem'l Hosp. of Laramie County, 2013 WY 66, 301 P.3d 517, 2013 Wyo. LEXIS 70 (May 28, 2013).

§ 9-2-1519. Claim review procedure; contents of claim; service of claim on provider; answer. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; 2010, ch. 81, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1520. Panel composition; selection; disqualification of panelist; multiple defendants. [Repealed effective July 1, 2022]

1. The panel for each claim reviewed under this act shall consist of two (2) health care providers licensed in this state, two (2) attorneys licensed in this state and one (1) lay person unanimously chosen by the first four (4) members, who is not an attorney, health care provider or an employee of an attorney or health care provider. All panel members shall be residents of this state. If feasible the health care provider members of the panel shall be from the health care provider’s profession or specialty. In those cases where the theory of respondeat superior or some other derivative theory of recovery is employed, if feasible one (1) member shall be from the individual health care provider’s profession or specialty and one (1) member shall be from the profession or specialty of the health care provider named as employer, master or principal.
2. Within five (5) days of receipt, the director shall notify the state licensing agency of the health care provider involved and the state bar of the filing of the claim. Within fourteen (14) days of notification, the state licensing agency and the state bar shall each provide the director a list of twelve (12) of its members as proposed panelists. To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the health care provider against whom the claim is made. The director shall select two (2) from each list to serve as panelists and shall notify the parties and the panel members selected of their selection. The four (4) professional panelists shall unanimously select and appoint one (1) person as a lay panelist. The director shall notify the parties of the name of the lay panelist.
3. At or prior to the hearing, the panel may, by majority vote, select a chairman from among its members to preside over the panel proceedings, or shall request a hearing officer from the office of administrative hearings to preside over the panel proceedings.
4. If, within fifteen (15) days of receipt of the notice of selection of the professional panelists, the claimant or the health care provider against whom the claim is made files an affidavit stating his belief that a professional panelist selected by the director cannot be impartial in reviewing the claim, the panel member is disqualified, and the director shall select another from the list. Each party may disqualify not more than three (3) professional panel members under this subsection.
5. The director may excuse a panelist from serving if the panelist feels his presence on the panel would be inappropriate under the circumstances of the case.
6. When a claim is filed against two (2) or more health care providers, the claim against each health care provider shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1515(a)(vi)

Law reviews. —

For comment, “Wyoming Tort Reform and the Medical Malpractice Insurance Crisis: A Second Opinion,” see XXVIII Land & Water L. Rev. 593 (1993).

§ 9-2-1520. Panel composition; selection; disqualification of panelist; multiple defendants. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1521. Hearing procedure; review of decision prohibited. [Repealed effective July 1, 2022]

1. The director shall set a time and place for the hearing and provide notice to all parties at least thirty (30) days prior to the hearing. The proper place for hearing shall be the county in which an action is required to be brought according to W.S. 1-5-101 through 1-5-109 . The hearing date shall not be more than one hundred twenty (120) days after the director receives the submission of the statement required under W.S. 9-2-1519(b) unless the director or panel finds good cause to delay the hearing. At least fifteen (15) days before the hearing the director shall provide each panel member copies of all claims, answers, briefs, records and other documents the director considers necessary.
2. The hearing shall be conducted in accordance with rules and regulations promulgated by the director. The hearing shall be informal, and the Wyoming Rules of Evidence and, except as specified in this act, the Wyoming Administrative Procedure Act do not apply. No decision of the director or the panel is subject to review in a court. A record of the hearing shall be made. The panel may issue subpoenas to compel the attendance of witnesses as provided under the Administrative Procedure Act. Fees for any witness appearing at a hearing under this section shall be paid by the party calling the witness.
3. The panel may take the case under advisement or may request that additional facts, records, witnesses or other information be obtained and presented to it at a supplemental hearing, which shall be set for a date not later than thirty (30) days from the beginning date of the original hearing unless the parties consent in writing to a longer period.

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 9-2-1521. Hearing procedure; review of decision prohibited. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1522. Panel deliberations and decision; decision not binding. [Repealed effective July 1, 2022]

1. Upon consideration of all the relevant material, the panel shall determine whether there is:
   1. Substantial evidence that the acts complained of occurred and that they constitute malpractice; and
   2. A reasonable probability that the patient was injured as a result of the acts complained of.
2. The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The final decision shall be by a majority vote of the panel and shall be signed by the chairman within forty-five (45) days following the hearing. Failure to issue a timely final decision shall vacate any determination made and shall not bar the claimant from proceeding with the claim in a court of law.
3. The final decision shall be in writing and forwarded to the director who shall serve copies on the parties. The panel’s decision is not binding upon any party. The decision of the panel and any testimony, documents or materials submitted thereto and incorporated into the decision of the panel shall be admissible in whole or in part solely for purposes of impeachment in any subsequent trial of the matter, subject to the discretion of the trial court and in accordance with the Wyoming Rules of Evidence.

History. Laws 2005, ch. 244, § 1; 2010, ch. 81, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

The 2010 amendment, effective July 1, 2010, in (c), inserted “testimony, documents or,” substituted “thereto and incorporated into the decision of the panel shall” for “by the parties thereto may,” inserted “solely for purposes of impeachment” and made a related change.

§ 9-2-1522. Panel deliberations and decision; decision not binding. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; 2010, ch. 81, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1523. Confidentiality of panel proceedings; privilege; proceedings and decision inadmissible; assessment of costs. [Repealed effective July 1, 2022]

1. The director shall maintain records of all proceedings before the panel, which shall include the nature of the act or omissions alleged in the claim, a brief summary of the evidence presented, the final decision of the panel and any majority or minority opinions filed. Except as otherwise required by law, or allowed pursuant to W.S. 9-2-1522(c) any records which may identify any party to the proceedings shall not be made public and are to be used solely for the purpose of compiling statistical data and facilitating ongoing studies of medical malpractice in this state.
2. No panel member may be called to testify in any proceeding concerning the deliberations, discussions, decisions and internal proceedings of the panel.
3. Except as provided in W.S. 9-2-1522(c), the claim, answer, decision and any other pleadings served under this act shall not be admissible in any subsequent civil action brought by the claimant against the health care provider for alleged malpractice.
4. If the claimant files a complaint in court following a panel decision, the plaintiff shall submit to the panel a written statement of the outcome of the litigation within sixty (60) days of the final disposition of the litigation.

History. Laws 2005, ch. 244, § 1; 2010, ch. 81, § 1; 2011, ch. 176, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

The 2010 amendment, effective July 1, 2010, added (c) and (d).

The 2011 amendment, in (c), added the exception at the beginning.

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

§ 9-2-1523. Confidentiality of panel proceedings; privilege; proceedings and decision inadmissible; assessment of costs. [Repealed effective July 1, 2022]

History. Laws 2005, ch. 244, § 1; 2010, ch. 81, § 1; 2011, ch. 176, § 1; repealed by 2021 ch. 99, § 2, effective July 1, 2022.

§ 9-2-1601. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1986, ch. 90, § 1, related to the creation of commission, appointment, membership, salary, meetings and termination.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

Laws 2009, ch 168, § 501, provides: “All property and duties of the Wyoming centennial commission are transferred to the state board of land commissioners.”

§ 9-2-1602. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1986 ch 90 § 1, related to the director, duties and additional staff.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1603. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1986 ch 90 § 1, related to comprehensive state plan.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1604. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1986 ch 90 § 1, related to official Wyoming centennial logo, development, and rules and regulations.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1605. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1986 ch 90 § 1, related to additional powers and duties of commissioner.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1606. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1986 ch 90 § 1, related to donations and deposit and expenditure of monies.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1607. [Repealed.]

Repealed by Laws 2008, ch. 44, § 2.

Editor's notes. —

This section, which derived from Laws 1987, ch. 90, § 1, related to the Wyoming Centennial Commission sending a final report to the governor and the legislature.

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

§ 9-2-1608. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1988, ch. 33, § 1, related to centennial acre, authorization, designation and source of land.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1609. [Repealed.]

Repealed by Laws 2009, ch. 168, § 205.

Editor's notes. —

This section, which derived from Laws 1988 ch 33 § 1, related to centennial acre, sale of deeds, title and management of land.

Laws 2009, ch 168, § 602, makes the act effective July 1, 2009.

§ 9-2-1701. Short title.

This act may be cited as the “Wyoming Government Reorganization Act of 1989.”

History. Laws 1989, ch. 138, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1703(a)(x).

§ 9-2-1702. Purpose.

The purpose of this act is to establish a framework whereby the executive branch of state government can be reorganized into a limited number of departments to ensure state resources are effectively and efficiently applied to implement programs and policy established in accordance with law thereby better serving the citizens of Wyoming. This act serves as the basic reorganization act, but each new department of state government as reorganized shall be created by a separate act. These separate acts creating a department establish a procedure under which detailed plans for organization of the department can be developed and submitted for review by the public and final approval by the legislature.

History. Laws 1989, ch. 138, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1703(a)(x).

§ 9-2-1703. Definitions.

1. As used in this act:
   1. “Administrator” means the administrative head of a division within a department;
   2. “Agency” means any board, commission, council, committee or office in the executive branch of state government except the offices listed in W.S. 9-2-1704(a) and the University of Wyoming;
   3. “Department” means one (1) of not more than fourteen (14) principal administrative operating units of state government as created by separate legislation establishing a department and in accordance with this act;
   4. “Department reorganization act” means an act of the legislature to create one (1) or more departments for the purpose of reorganization;
   5. “Department reorganization plan” means the plan for final reorganization of a department developed by a director during the transition period as required by a department reorganization act;
   6. “Director” means the administrative head of a department;
   7. “Division” means one (1) of the principal operating units of a department the administrator of which is directly subordinate to the director;
   8. “Type 1, Type 2 or Type 3 transfers” means as defined in W.S. 9-2-1707 (b);
   9. “Transition period” means the period between the creation of the department under a department reorganization act and the date of implementation of a department reorganization plan as specified by law;
   10. “This act” means W.S. 9-2-1701 through 9-2-1707 .

History. Laws 1989, ch. 138, § 1; 1991, ch. 253, § 2; 2008, ch. 116, § 1.

The 2008 amendment substituted “9-2-1707” for “9-2-1708” in (a)(x).

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Quoted in

State ex rel. Wyo. Workers' Safety & Comp. Div. v. Garl, 2001 WY 59, 26 P.3d 1029, 2001 Wyo. LEXIS 72 (Wyo. 2001).

§ 9-2-1704. Reorganization plan; structure; time frame.

1. Pursuant to this act and other laws establishing individual departments, the entire executive branch of state government shall be organized into not more than sixteen (16) principal departments except for the offices of the following officials and except as provided in subsections (d) and (e) of this section:
   1. Governor;
   2. Secretary of state;
   3. State treasurer;
   4. State auditor;
   5. Attorney general;
   6. Superintendent of public instruction.
2. Repealed by Laws 2001, ch. 187, § 3.
3. The legislature may establish temporary agencies for periods not exceeding four (4) years which are not within a department or the office of an official specified in subsection (a) of this section. At the expiration of four (4) years, the agency and all its programs and functions shall either terminate or be assigned within an established department.
4. The entities of state government specified in this subsection are designated as separate operating agencies, which are separate and distinct from the departments and offices specified in subsection (a) of this section because of their quasi-judicial responsibility or because of their unique, specialized function which precludes their inclusion in another department. This act does not otherwise apply to separate operating agencies. Separate operating agencies are as follows:
   1. Adjutant general’s department;
   2. State public defender’s office;
   3. State building commission;
   4. Public service commission;
   5. State board of equalization;
   6. University of Wyoming;
   7. Community college commission;
   8. Oil and gas conservation commission;
   9. State geological survey;
   10. State board of parole;
   11. Office of administrative hearings created by W.S. 9-2-2201 ;
   12. Wyoming water development office;
   13. Office of state lands and investments;
   14. Environmental quality council;
   15. School facilities commission established under W.S. 21-15-113 ;
   16. Wyoming enhanced and improved oil recovery commission;
   17. Office of guardian ad litem.
5. Notwithstanding subsection (a) of this section, the governor, secretary of state, state treasurer, state auditor and the state superintendent of public instruction shall be subject to W.S. 9-2-1706(c) and (d) with respect to deputies and administrators employed within that office. For purposes of this subsection, the definitions in W.S. 9-2-1703 shall apply to the offices of the specified elected officials. This subsection shall only affect positions filled subsequently to its enactment and shall not be deemed to affect the property interests of current permanent employees within the offices addressed in this subsection.
6. Repealed by Laws 1996, ch. 74, § 3.

History. Laws 1989, ch. 138, § 1; 1991, ch. 218, § 1; ch. 253, § 2; 1992, ch. 25, § 3; ch. 30, § 2; ch. 42, § 3; ch. 55, § 3; ch. 60, § 3; 1995, ch. 163, § 1; 1996, ch. 74, § 3; 1996, ch. 100, § 2; 1998, ch. 13, § 1; 2001, ch. 187, §§ 2, 3; 2002 Sp. Sess., ch. 99, § 2; 2004, ch. 82, § 2; 2011, ch. 2, § 2; 2012, ch. 30, § 3; 2016 ch. 105, § 3, effective July 1, 2016; 2018 ch. 108, § 1, effective July 1, 2018; 2020 ch. 122, § 2, effective July 1, 2020.

Cross references. —

For the Wyoming enhanced and improved oil recovery commission, see § 30-8-101 .

The 2004 amendment added (d)(xvi).

Laws 2004, ch. 82, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2011 amendment, effective July 1, 2011, in (d)(xv), inserted “and the school facilities department established under W.S. 21-15-123 .”

The 2012 amendment, in the introductory language of (a), substituted “sixteen (16)” for “fifteen (15),” and substituted “and (e)” for “(e) and (f).”

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The 2016 amendment , effective July 1, 2016, deleted “and the school facilities department established under W.S. 21-15-123 ” at the end of (d)(xv).

The 2018 amendment, effective July 1, 2018, in (a)(i); in (c), deleted “Notwithstanding subsection (b) of this section” at the beginning.

The 2020 amendment, effective July 1, 2020, added (d)(xvii).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1703(a)(x).

§ 9-2-1705. Authority of governor in reorganization.

1. Except as otherwise provided in the department reorganization act, with respect to any department created under a department reorganization act, the governor:
   1. Shall appoint the director of the department, with the advice and consent of the senate, and may remove the director as provided in W.S. 9-1-202 ;
   2. Shall appoint all members of advisory councils associated with the department as specified by law;
   3. May approve transfers of positions, persons, property and funds appropriated for such positions, persons or property, among divisions within a department created under a reorganization act. Nothing in this paragraph authorizes funds to be expended for any purpose other than that for which the funds were appropriated, except as otherwise specifically provided by law;
   4. Shall annually report to the joint appropriations interim committee, not later than the first business day of each general or budget session, all transfers approved under paragraph (iii) of this subsection since the adjournment of the general or budget session during the previous year, including a summary of all positions, personnel, property and appropriated funds transferred. Nothing in this paragraph authorizes funds to be expended for any purpose other than that for which the funds were appropriated, except as otherwise specifically provided by law;
   5. Notwithstanding any provision of law, may take any action necessary to prevent the loss of federal funds due solely to the effect of government reorganization.

History. Laws 1989, ch. 138, § 1; 1997, ch. 31, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-1706. Department directors; term; authority; division heads.

1. A department director shall be appointed by the governor, with the advice and consent of the senate. His term of appointment expires at the end of the term of office of the governor during which he was appointed, unless sooner removed.
2. A department director serves at the pleasure of the governor and may be removed by him as provided in W.S. 9-1-202 . Department directors are not subject to the state compensation or personnel system as conditions of their own employment but are otherwise state employees.
3. Department directors:
   1. Shall:
      1. Serve as administrative head of the department for which appointed;
      2. Appoint administrators of divisions within the department;
      3. Take the final agency action with respect to all matters, except as otherwise specifically provided by law;
      4. Upon initial appointment prepare a department reorganization plan for submission to the legislature at the budget or general session occurring in the calendar year following the creation of the department. The director shall hold public hearings to receive information to assist in developing the plan.
   2. May, after implementation of the department’s reorganization plan:
      1. Remove administrators at will;
      2. With the approval of the governor, transfer functions or programs within the department, or reorganize the department within the limitations established in the budget and the department reorganization act.
4. Administrators shall be appointed by and serve at the pleasure of the department director and may be removed by him at any time without cause.

History. Laws 1989, ch. 138, § 1.

§ 9-2-1707. Reorganization method; types of transfer.

1. If a bill to create a department as part of government reorganization is enacted into law:
   1. The governor shall, not later than July 1 of the year in which the bill is enacted, appoint a department director. The director and any other staff necessary to assist the director during the transition shall serve in positions and be paid from funds available in the existing budgets of agencies and programs assigned to the department by law or appropriated to the governor’s office for reorganization;
   2. Upon his appointment, the director shall become the immediate supervisor of all heads of agencies assigned to the department under a Type 1 transfer. Agency heads assigned under Type 1 transfers retain all rights and privileges under the state compensation and personnel system which existed immediately prior to the appointment of the director. No agency head shall be removed by a director before implementation of a department reorganization plan approved by the legislature but the director may fill vacancies;
   3. The director shall prepare a plan for reorganization of the department which, after approval by the governor, shall be submitted on or before October 15 to the specified interim committees and to the legislature not later than December 1 of the year in which the department is created. All state agencies or departments shall cooperate with and provide all requested information to a department director developing a department reorganization plan under this paragraph. Public hearings regarding the plan shall be conducted by at least two (2) interim committees of the legislature specified in the bill creating the department prior to the succeeding legislative session. The plan, as approved by the legislature through a bill, shall be implemented not later than July 1 of the year in which the plan is approved. The plan shall reflect as much of the following basic structure as practicable:
      1. The principal operating unit of a department is a division headed by an administrator;
      2. The principal operating unit of a division is a program headed by a manager;
      3. The principal operating unit of a program is a section headed by a supervisor;
      4. The principal operating unit of a section is a subsection headed by a chief;
      5. Departments may establish field offices which combine division, program, section and subsection functions;
      6. A council is an advisory body created by specific statutory enactment and appointed to function on a continuing basis for the study of the problems arising in a specified functional or program area of state government and to provide recommendations and policy alternatives;
      7. A committee is an advisory body created by or without specific statutory enactment for a limited time to study a specific problem and recommend a solution or policy alternative with respect to that problem. Its existence shall terminate upon the completion of its assignment;
      8. A coordinating council is an interdepartmental advisory body created by law to coordinate programs and activities for which one (1) department has primary responsibility but in which one (1) or more other departments have an interest;
      9. A commission, unless otherwise required by the state constitution, is a body created by specific statutory enactment within a department or the office of the governor exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the director of the department or the governor.
   4. Except as otherwise specified by law, all boards, commissions, councils or committees associated with an agency, assigned to a department under a Type 1 transfer shall be only advisory upon implementation of the department’s reorganization plan. During the transition period, boards, commissions, councils and committees shall retain existing authority for making grants, authorizing programs, rulemaking and for taking final agency action in contested cases, except as otherwise specifically provided in a department reorganization act, but shall have no authority regarding the internal administration of the agency. Any board or commission which grants licenses or permits to engage in a profession or occupation retains full authority to grant, deny or take any other action regarding those licenses or permits as exists under current law.
2. As used in reorganization acts to create departments, the following described transfers have the effects specified:
   1. Type 1 transfer — A Type 1 transfer is the transfer of an existing agency or substantially all of the functions and programs of an existing agency to a department. This transfer includes the transfer of all positions, personnel, property and appropriated funds to the department to be used for the purposes specified under existing law until implementation of the legislatively approved reorganization plan. The department is responsible for all the programs and functions of an agency assigned to the department through a Type 1 transfer;
   2. Type 2 transfer — A Type 2 transfer is the transfer of a program or function from an existing agency to a department when that agency is not assigned to the department under a Type 1 transfer and includes the transfer of a program or function from a department to a second department or an existing agency if that agency has not yet been assigned to a department. The positions, personnel, property and appropriated funds associated with the program or function shall not be transferred to or from the department unless specified in the department reorganization plan;
   3. Type 3 transfer — A Type 3 transfer is the transfer of an agency with a primary function of issuing licenses or permits to engage in a profession or occupation to a department. The department shall provide budget, fiscal, administrative and clerical services to any agency requesting these services, but not affect its authority with respect to licensure. The positions, personnel, property and appropriated funds of these agencies shall not be transferred to the department. Any agency requesting the services described in this paragraph shall compensate the department for them at a reasonable rate established by the department. In addition to offering the optional services specified in this paragraph, the department shall:
      1. Provide administrative oversight of agency procedures to assure that each agency is in compliance with existing statutes that created the agency and that govern the agency’s functions;
      2. Provide guidance to agencies in matters pertaining to budget preparation, individual agency administration, personnel and other procedural functions in accordance with rules and regulations promulgated by the department;
      3. Function as a liaison between individual agencies within the department and between agencies and other departments within state government;
      4. Review the current practices of each agency and make recommendations to individual agencies which might improve the efficiency of the agency.

History. Laws 1989, ch. 138, § 1; 1990, ch. 44, § 2; 2014 ch. 69, § 2, effective July 1, 2014.

The 2014 amendment, in (b)(iii)9B), added “in accordance with rules and regulations promulgated by the department” at the end.

Editor's notes. —

There is no subparagraph (a)(iii)(I) in this section as it appears in the printed acts.

§ 9-2-1708. [Repealed.]

Repealed by Laws 1999, ch. 149, § 1.

Editor's notes. —

This section, which derived from Laws 1989, ch. 138, § 1, created a joint reorganization committee.

§ 9-2-1801. Short title.

This act may be cited as the “Wyoming Professional Review Panel Act”.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1701 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

Cited in

Prokop v. Hockhalter, 2006 WY 75, 137 P.3d 131, 2006 Wyo. LEXIS 82 (2006).

§ 9-2-1802. Purpose.

1. The purpose of this act is to:
   1. Reduce the costs of professional malpractice claims to both plaintiffs and defendants by a less formal professional review of claims before litigation is pursued in the courts; and
   2. Improve the ability of the state to regulate professions and ensure professional competence.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1702 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

§ 9-2-1803. Definitions.

1. As used in this act:
   1. “Malpractice claim” means any claim against a professional for alleged departure from accepted professional standards which results in damage to the claimant;
   2. “Panel” means the Wyoming professional review panel provided for under this act;
   3. “Professional” means a person licensed under title 33 for whom the normal qualifications for licensure include at least a year of specialized post secondary education, or a hospital or nursing care facility;
   4. “This act” means W.S. 9-2-1801 through 9-2-1812 .

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1703 ; 2000, ch. 48, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Cited in

Prokop v. Hockhalter, 2006 WY 75, 137 P.3d 131, 2006 Wyo. LEXIS 82 (2006).

Quoted in

Walters v. Grand Teton Crest Outfitters, Inc., 804 F. Supp. 1442, 1992 U.S. Dist. LEXIS 15892 (D. Wyo. 1992).

§ 9-2-1804. Service of pleadings; computation of time.

1. The claim, answer, decision and all other pleadings required to be served under this act shall be served in accordance with the Wyoming Rules of Civil Procedure.
2. Computation of time periods prescribed or allowed under this act shall be in accordance with rule 6 of the Wyoming Rules of Civil Procedure.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1704 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

§ 9-2-1805. Panel created; compensation; director of panel; appointment and duties; rulemaking.

1. There is created the Wyoming professional review panel.
2. The panel shall have a director who shall be appointed by and serve at the pleasure of the governor and shall conduct the administrative business of the panel and otherwise implement this act. The director may employ personnel necessary to implement this act. The director shall promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement this act.
3. Members of the panel shall receive compensation while engaged in the business of the board of forty dollars ($40.00) per hour for any hour during which a hearing or part of a hearing is held. Compensation for travel and other services shall be as provided by rules and regulations promulgated by the director. Compensation to any panel member under this subsection shall not exceed three hundred twenty dollars ($320.00) per day.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1705 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 9-2-1806. Claims to be reviewed by panel; prohibition on filing claims in court; tolling of statute of limitation; immunity of panel and witnesses; administration.

1. The panel shall review all professional malpractice claims against professionals filed with the panel except those claims subject to a valid arbitration or mediation agreement allowed by law or upon which suit has been filed prior to July 1, 1989. No complaint alleging malpractice shall be filed in any court against a professional before a claim is made to the panel and its decision is rendered. The running of the applicable limitation period in a malpractice action is tolled upon receipt by the director of the application for review and does not begin again until thirty (30) days after the panel’s final decision is served upon the claimant.
2. Panel members and witnesses are absolutely immune from civil liability for all acts in the course and scope of the duties under this act, including but not limited to communications, findings, opinions and conclusions.
3. The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required under this act, the issuance of subpoenas in connection with the administration of this act, and the performance of all other acts required to fairly and effectively administer this act. A party requesting a subpoena shall bear all costs of mileage and witness fees.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1706 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

Article unconstitutional. —

The Wyoming Professional Review Panel Act violates the equal protection guarantees of the Wyoming Constitution and is unconstitutional. State ex rel. Wyoming Ass'n of Consulting Eng'rs & Land Surveyors v. Sullivan, 798 P.2d 826, 1990 Wyo. LEXIS 116 (Wyo. 1990).

§ 9-2-1807. Claim review procedure; contents of claim; service of claim on provider; answer.

1. Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any court in this state by addressing a claim, in writing, signed by the claimant or his attorney, to the director of the panel. The claim shall contain:
   1. A statement in reasonable detail of the elements of the professional’s conduct which are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all professionals having contact with the claimant relevant to the claim and all witnesses;
   2. A statement authorizing the panel to obtain access to all records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.
2. The claim may be amended by filing an amendment not less than fourteen (14) days prior to the hearing date.
3. Upon receipt of a claim, the director shall cause a true copy of the claim to be served on the professionals against whom the claim has been filed.
4. The professional shall answer the claim within thirty (30) days after service and shall submit a statement authorizing the panel to inspect all records and information pertaining to the claim except those records which are privileged pursuant to law. The answer shall be filed with the director who shall serve a copy on the claimant.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1707 .

§ 9-2-1808. Panel composition; selection; disqualification of panelist; multiple defendants.

1. The panel for each claim reviewed under this act shall consist of two (2) professionals licensed in this state if required by law to be licensed, and three (3) lay persons who are not professionals or an employee of a professional. All panel members shall be residents of this state. If feasible one (1) member of the panel shall be from the professional’s profession or specialty. In those cases where the theory of respondeat superior or some other derivative theory of recovery is employed, if feasible one (1) member shall be from the professional’s profession or specialty and one (1) member shall be from the profession or specialty of the professional named as employer, master or principal.
2. Within five (5) days of receipt, the director shall notify the state licensing agency if any, of the professional involved and the governor of the filing of the claim. Within fourteen (14) days of notification, the state licensing agency shall each provide the director a list of twelve (12) of its members as proposed panelists. Within fourteen (14) days of notification, the governor shall also provide the director with a list of twelve (12) people willing and able to serve as panelists. To the extent possible, the state licensing agency shall include on the list persons specializing in the same field or discipline as the professional against whom the claim is made. The director shall select two (2) from each list to serve as panelists and shall notify the parties and the panel members selected of their selection. The four (4) panelists shall unanimously select and appoint one (1) person as the fifth panelist.
3. At or prior to the hearing, the panel shall select a chairman from among its members. The chairman shall preside over the panel proceedings.
4. If, within fifteen (15) days of receipt of the notice of selection of panelists, the claimant or the professional against whom the claim is made files an affidavit stating his belief that a panelist selected by the director cannot be impartial in reviewing the claim, the panel member is disqualified, and the director shall select another from the list. Each party may disqualify not more than three (3) panel members under this subsection.
5. The director may excuse a panelist from serving if the panelist feels his presence on the panel would be inappropriate under the circumstances of the case.
6. When a claim is filed against two (2) or more professionals, the claim against each professional shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1708 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

§ 9-2-1809. Hearing procedure; review of decision prohibited.

1. The director shall set a time and place for the hearing and provide notice to all parties at least thirty (30) days prior to the hearing. The hearing date shall not be more than one hundred twenty (120) days after the director receives the claim unless the panel finds good cause to delay the hearing. At least fifteen (15) days before the hearing the director shall provide each panel member copies of all claims, briefs, records and other documents the director considers necessary.
2. The hearing shall be conducted in accordance with rules and regulations promulgated by the director. The hearing shall be informal, and the Wyoming Rules of Evidence do not apply. No decision of the director or the panel is subject to review in a court. A record of the hearing may be made if so stipulated by all the parties and the panel.
3. The panel may take the case under advisement or may request that additional facts, records, witnesses or other information be obtained and presented to it at a supplemental hearing, which shall be set for a date not later than thirty (30) days from the date of the original hearing unless the claimant or his attorney consents in writing to a longer period.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1709.

§ 9-2-1810. Panel deliberations and decision; decision not binding.

1. Upon consideration of all the relevant material, the panel shall determine whether there is:
   1. Substantial evidence that the acts complained of occurred and that they constitute malpractice; and
   2. A reasonable probability that the claimant was injured as a result of the acts complained of.
2. The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of the panel and shall be signed by the chairman.
3. The decision shall be in writing and forwarded to the director who shall serve copies on the parties. A copy of the decision shall be sent to the professional’s state licensing board, if any.
4. The panel’s decision is not binding upon any party. The panel may by stipulation of the parties recommend an award.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1710.

§ 9-2-1811. Confidentiality of panel proceedings; privilege; decision not admissible.

1. The director shall maintain records of all proceedings before the panel, which shall include the nature of the act or omissions alleged in the claim, a brief summary of the evidence presented, the decision of the panel and any majority or minority opinions filed. Except as otherwise required by law, any records which may identify any party to the proceedings shall not be made public and are not subject to subpoena but are to be used solely for the purpose of compiling statistical data and facilitating ongoing studies of professional malpractice in this state.
2. No panel member may be called to testify in any proceeding concerning the deliberations, discussions, decisions and internal proceedings of the panel.
3. The decision of the panel is not admissible as evidence in any action.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1711.

§ 9-2-1812. Assessments; funding.

1. The panel shall be funded from assessments levied against and paid by each professional covered by this act. The director shall promulgate rules and regulations to annually establish appropriate assessments based upon the following guidelines:
   1. The total amount of the panel’s proposed annual budget shall be prorated among the professional classification covered under this act based on the number of cases reviewed by the panel during the immediately preceding calendar year involving each professional classification;
   2. The prorated amount determined for each professional classification shall be divided by the number of practicing professionals within each classification to determine the individual assessment.
2. The director shall certify the amount of each assessment to the appropriate licensing board, agency or authority and the board, agency or authority shall levy and collect the assessments annually at the time annual license fees are collected. Assessments collected under this subsection shall be remitted to the director not later than thirty (30) days from the date of collection and paid immediately by the director to the state treasurer for deposit into the malpractice review account.
3. Monies in the malpractice review account shall be expended by the panel to carry out the purposes of this act.

History. Laws 1989, ch. 262, § 2; W.S. 1977, § 9-2-1712; Laws 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the earmarked revenue fund” at the end of (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 9-2-1803(a)(iv).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 9-2-1901. Short title. [Repealed effective July 1, 2022]

This article is known and may be cited as the “Wyoming Indian Affairs Act of 1989.”

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1701 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1901. Short title. [Repealed effective July 1, 2022]

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1701 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1902. Definitions. [Repealed effective July 1, 2022]

1. As used in this article:
   1. “Council” means the Wyoming Indian Affairs Council created by W.S. 9-2-1903 ;
   2. “Government agency” means any agency, department, division, unit, board, commission or other entity of state government.

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1702 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 9-2-1902. Definitions. [Repealed effective July 1, 2022]

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1702 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1903. Council created; membership; meetings; expenses. [Repealed effective July 1, 2022]

1. There is created the Wyoming Indian Affairs Council. The council shall consist of seven (7) members appointed by the governor with the advice of the Joint Tribal Council.
2. The term of board members shall be four (4) years except that of the initial appointees three (3) members shall be appointed for two (2) years and four (4) members for four (4) years. The governor may remove any member as provided in W.S. 9-1-202 . Vacancies on the board shall be filled by the governor with the advice of the Joint Tribal Council. The board shall select one (1) of its members to serve as chairman.
3. Members of the board shall serve without compensation but shall receive travel expenses and per diem in the same manner as state employees for attending and traveling to and from board meetings.
4. The board shall meet at the call of the chairman or upon request of a majority of the board members. Four (4) members shall constitute a quorum.

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1703 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1903. Council created; membership; meetings; expenses. [Repealed effective July 1, 2022]

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1703 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1904. Council powers and duties. [Repealed effective July 1, 2022]

1. The council shall:
   1. In formulating its work plan, focus attention on programs for cooperating with the Indian tribes living on the Wind River Indian Reservation in matters of common interest, including but not limited to:
      1. Taxation;
      2. Water rights;
      3. Wildlife concerns;
      4. Educational matters;
      5. Economic development; and
      6. The delivery of health and social services.
   2. At least twice each year invite members of the Shoshone Tribal Council, the Arapahoe Tribal Council and the Joint Tribal Council to meet with them to discuss matters of mutual concern;
   3. At least once each year arrange for all council members to visit with members of the Shoshone and Arapahoe tribes on the Wind River Indian Reservation and learn from on-site visitation of the physical dimensions of the Indian lands.
2. The council may contract for the services of an executive director and for stenographic and clerical services as may be necessary.

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1704 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1904. Council powers and duties. [Repealed effective July 1, 2022]

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1704 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1905. Legal services; government agency cooperation. [Repealed effective July 1, 2022]

1. The attorney general is the legal advisor for the council and shall furnish the council with legal services as required.
2. Each government agency shall cooperate with the council and provide advice, assistance and support as the council requests.

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1705 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-1905. Legal services; government agency cooperation. [Repealed effective July 1, 2022]

History. Laws 1989, ch. 281, § 1; W.S. 1977, § 9-2-1705 ; repealed by 2022 ch. 82, § 5, effective July 1, 2022.

§ 9-2-2001. [Repealed.]

Repealed by Laws 1999, ch. 69, § 3.

Cross references. —

As to the transfer of duties of the department of commerce, see §§ 9-2-2008(e) and 9-2-2017 .

Editor's notes. —

This section, which derived from Laws 1989, ch. 140, § 1, related to the department of commerce.

§ 9-2-2002. Department of employment created; director appointed; structure; merger with department of workforce services.

1. through (g) Repealed by Laws 2012, ch. 1, § 2.
2. On or before July 1, 2011, all divisions, programs and functions of the department of employment shall be transferred to the department of workforce services created by W.S. 9-2-2601 . The combined department shall be known as the department of workforce services. Any statute or legal or other document which refers to the department of employment shall mean the department of workforce services which is the successor agency to the department of employment.

History. Laws 1989, ch. 139, § 1; 1990, ch. 63, § 2; 2002 Sp. Sess., ch. 100, § 4; 2008, ch. 116, § 1; 2011, ch. 49, § 1; 2012, ch. 1, § 2.

The 2008 amendment substituted “9-2-1707” for “9-2-1708” in (a).

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2011 amendment, added (h).

Laws 2011, ch. 49 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 18, 2011.

The 2012 amendment, effective July 1, 2012, repealed former (a) through (g) pertaining to obsolete provisions of the Wyoming Government Reorganization Act of 1989.

Privatization of administrative functions. —

Laws 1993, ch. 179, § 1 directs the director of the department of employment to determine administrative functions of worker's compensation and unemployment insurance divisions appropriate for a privatization and grants contracting authority to the director to enter into appropriate private sector contracts.

Stated in

State ex rel. Wyo. Workers' Safety & Comp. Div. v. Garl, 2001 WY 59, 26 P.3d 1029, 2001 Wyo. LEXIS 72 (Wyo. 2001).

§ 9-2-2003. Department of audit created; director appointed; structure; authority; reporting.

1. As part of the reorganization of Wyoming state government, there is created a department of audit consisting of the agencies, programs and functions specified in this section.
2. The administrative head of the department shall be a director appointed by a majority of the governor, secretary of state and state treasurer with the advice and consent of the senate. The director shall serve for a term of six (6) years and may be removed by a majority of those officials appointing him only for misfeasance, malfeasance or nonfeasance in office. The initial appointment shall be made not later than July 1, 1989 and shall expire on March 1, 1991.
3. The director shall prepare a plan for reorganization of the agencies, programs and functions specified in this section and submit it to the governor for approval. The department reorganization plan, as approved, shall be submitted to the joint appropriations committee and joint revenue interim committee of the legislature and made available to the public. Each committee shall hold at least one (1) public hearing regarding the plan before the 1990 budget session of the legislature convenes. The plan, as approved by act of the legislature, shall be implemented not later than July 1, 1990. The reorganization plan required under this section shall include the public lands loan and grant examination function within the office of the commissioner of public lands. The Wyoming Government Reorganization Act of 1989 applies to the development and presentation of the plan required under this subsection.
4. Notwithstanding subsection (c) of this section, the department of audit shall commence operations on July 1, 1989. The department shall consist of the office of the state examiner and staff of the department of revenue and taxation and the state auditor’s office transferred to the department of audit by this act. The director of the department, with the approval of the governor, shall structure the department in as similar a manner as practicable to other departments created in accordance with the Wyoming Government Reorganization Act of 1989.
5. Notwithstanding any other provision of law, the department of audit is authorized to conduct audits for the collection of federal and state mineral royalties and for collection of taxes imposed under Title 39, Wyoming Statutes, and may exercise the same authority with respect to audits that the state auditor and the department of revenue and taxation did on June 30, 1989.
6. When in the course of an audit of state or federal mineral royalties the department discovers underpayment of private mineral royalties to a Wyoming royalty owner, it shall report the underpayment to the royalty owner if ascertainable.
7. In addition to the other powers and duties granted by law, either express or implied, the director shall have the following powers and duties:
   1. To coordinate the auditing of state taxes, state royalties, federal mineral royalties and other revenue matters;
   2. To prescribe reasonable rules and regulations as provided by the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115 , which are no more stringent nor require more record keeping than the provisions of any or all tax, royalty and other revenue measures which are administered by the state of Wyoming;
   3. To conduct audits at the request of any state agency, of persons or any other entity providing goods or services or both, to the state of Wyoming under contract. However, the audits shall be limited to matters within the scope of the contract;
   4. To request the attorney general to issue investigative subpoenas relating to an audit for the following purposes:
      1. To subpoena witnesses to appear before the department auditors for oral examination;
      2. To require the production or disclosure of any matter relevant to the investigation or review including:
         1. The existence, description, nature, custody, condition and location of any books, documents, records or other tangible material; and
         2. The identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of evidence necessary or related to the financial investigation or review.
8. If any tangible materials subpoenaed under paragraph (g)(iv) of this section are located outside of this state, the person to whom the subpoena is issued shall make the materials available to the department auditors at a convenient location. If any party fails or refuses to obey a subpoena or to provide testimony as required under paragraph (g)(iv) of this section, the attorney general may, upon reasonable notice to all affected persons, apply to the district court for an order compelling compliance.
9. Within one hundred eighty (180) days of the issuance of a subpoena pursuant to paragraph (g)(iv) of this section, the attorney general shall disclose to the party or parties investigated that the investigation took place and the reasons for it.
10. The director shall:
    1. Make a full report of any investigation conducted under paragraph (g)(iv) and subsection (h) of this section;
    2. Maintain the report made under paragraph (i) of this subsection in his files;
    3. Annually report to the joint revenue interim committee and the joint minerals, business and economic development interim committee on the number, location by county and general extent of the investigations.

History. Laws 1989, ch. 210, § 1; 1991, ch. 240, § 1; 1997, ch. 31, § 2.

Meaning of “this act.” —

The reference to “this act” in the second sentence in subsection (d) means Laws 1989, ch. 210, §§ 1 through 4, which appear as §§ 9-1-403 and 9-2-2003 .

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Cited in

Wyo. Dep't of Revenue v. Guthrie, 2005 WY 79, 115 P.3d 1086, 2005 Wyo. LEXIS 93 (2005).

§ 9-2-2004. Department of transportation created; director appointed; structure.

1. As part of the reorganization of Wyoming state government, there is created the Wyoming department of transportation consisting of the agencies, programs and functions specified in this section. The provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707 , apply to this section except as otherwise provided in this section.
2. The administrative head of the department shall be a director appointed by the governor.
3. The following agencies are assigned to the department of transportation under a Type 1 transfer:
   1. Aeronautics commission;
   2. Highway commission, including the highway department and the state highway patrol.
4. The department reorganization plan shall consider whether the following functions or programs should be assigned from or to the agency or department specified under a Type 2 transfer:

   PROGRAM; FROM; TO

   1. Transportation division; PSC; Transportation
   2. All of the driver control sections and driver testing and ports of entry section, that portion of the policy division related to transportation and that portion of the licensing section related to motor vehicles and drivers; DRT; Transportation
5. As used in this section:
   1. “PSC” means the public service commission;
   2. “DRT” means the department of revenue and taxation;
   3. “Transportation” means the department of transportation created under this act.
6. Notwithstanding W.S. 9-2-1707(a)(iv), the highway commission and aeronautics commission shall continue to exercise full authority under current law until specifically altered by a plan for reorganization of the department of transportation approved by the legislature.
7. In developing the plan required under W.S. 9-2-1707(a)(iii), the director shall consider:
   1. The extent of the authority of citizen commissions over the department;
   2. The extent to which the budget of the department should be subject to the statutory budget process;
   3. Whether the department should contain a functional unit primarily responsible to provide assistance, training and technical support to local units of government;
   4. Preparing a comprehensive statewide transportation plan to develop and maintain a comprehensive system encompassing all modes of transportation;
   5. What functions should be transferred to or created in the department to insure that it is the department dealing with rail transportation.

History. Laws 1990, ch. 61, § 1; 2008, ch. 44, § 1; ch. 116, § 1.

The 2008 amendments. —

The first 2008 amendment, by ch. 44, § 1, in (b), deleted “not later than July 1, 1990” at the end of the first sentence, and deleted the former second through sixth sentences which pertained to various reporting requirements to the legislature and legislative committees.

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The second 2008 amendment, by ch. 116, § 1, substituted “9-2-1707” for “9-2-1708” in (a).

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Meaning of “this act.” —

As used in this section, “this act” means Laws 1990, ch. 61, § 1.

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Study Authorized. —

Laws 1998, ch. 46, § 3, provides: “The department of transportation shall conduct a cost allocation study and submit a report to the joint transportation and highways interim committee no later than October 1, 1999, and every ten (10) years thereafter, with respect to the effect that various classes of vehicular traffic cause on interstate, primary and secondary highways in the state, taking into consideration the relative weights of the types of vehicles, miles traveled on interstate, primary and secondary roads, amounts and costs of fuels consumed by each, the amount of vehicle fees paid by each and the damage caused by type of vehicle.”

§ 9-2-2005. Department of health created; director appointed; structure.

1. As part of the reorganization of Wyoming state government, there is created the Wyoming department of health consisting of the agencies, programs and functions specified in this section. The provisions of the Wyoming Government Reorganization Act of 1989, W.S. 9-2-1701 through 9-2-1707 , apply to this section.
2. The administrative head of the department shall be a director appointed by the governor.
3. The following agencies are assigned to the department of health under a Type 1 transfer:
   1. Division of health and medical services, department of health and social services;
   2. Division of community programs, department of health and social services excluding the Wyoming Indian Affairs Council which is transferred to the governor’s office;
   3. Commission on aging;
   4. The following state institutions:
      1. Wyoming state hospital;
      2. Wyoming life resource center;
      3. Wyoming pioneer home;
      4. Veterans’ home of Wyoming;
      5. Wyoming retirement center.
4. The department reorganization plan shall consider whether the following functions or programs should be assigned from or to the agency or department specified under a Type 2 transfer:

   PROGRAM; FROM; TO

   1. Homemaker program; DPASS; Health
   2. Health entitlement programs; DPASS; Health
5. As used in this section:
   1. “DPASS” means the division of public assistance and social services within the department of health and social services as it existed before this act;
   2. “Health” means the department of health created under this act.
6. In developing the plan required under W.S. 9-2-1707(a)(iii), the director shall consider:
   1. A structure to provide a continuum of care for the elderly, developmentally delayed and persons requiring mental health services;
   2. Ensuring independence of the facility inspection function from institutions within the department;
   3. Coordination or consolidation of environmental health functions currently performed by the department of environmental quality;
   4. Coordination or consolidation of food inspection functions currently performed by the department of agriculture;
   5. Elimination or reduction of inspection functions which duplicate inspection functions performed by other state or federal agencies.
7. The board of land commissioners shall direct, subject to the limitations contained in the constitution of the state of Wyoming, applicable state and federal law and the conveyance instrument, the control, leasing, exchange, care and disposal of all acquired institutional lands not directly utilized for departmental purposes that are managed or associated with the institutions set forth in W.S. 9-2-2005(c) whether held in the name of the state or in the name of the department. Any amount received from transactions involving these lands shall be credited as directed by state or federal law or the conveyance instrument.
8. All acquired institutional lands managed by the board of land commissioners subject to subsection (g) of this section shall be managed consistent with:
   1. Consideration of the needs of the institution;
   2. Consideration of alternative uses of the property which are compatible with the mission of the institution; and
   3. Limitations contained in the constitution of the state of Wyoming, state and federal law and the conveyance instrument.
9. The board of land commissioners shall consult with the local officials or governing body having regulatory authority over the acquired institutional lands prior to authorizing the use or transfer of acquired institutional lands managed under subsection (g) of this section to another agency or department of the state of Wyoming.
10. As used in this section, "acquired institutional lands" means state lands acquired by the state for the benefit of state institutions, but shall not include school trust lands or other lands held in trust by the state of Wyoming.

History. Laws 1990, ch. 35, § 1; 2007, ch. 215, § 1; 2008, ch. 44, § 1; ch. 85, 1; 2013 ch. 155, § 1, effective July 1, 2013.

Cross references. —