ARTICLE 10 - DEPARTMENT OF ADMINISTRATION AND INFORMATION
 
9-2-1001.  Creation.
 
The department of administration and information is created.
 
9-2-1002.  Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.
 
(a)  As used in this act:
 
(i)  "Agency" means an office, department, board, commission or operating unit of the executive branch of state government;
 
(ii)  "Department" means the department of administration and information;
 
(iii)  "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 except as provided in W.S. 23-1-502(d), counties, municipalities and school districts;
 
(iv)  "Exception budget" means a budget prepared by an entity containing requests for appropriations which vary from the standard budget as prepared by the budget division 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;
 
(v)  "Executive branch" means the executive department of state government established by article 2, section 1 of the Wyoming constitution;
 
(vi)  Repealed By Laws 1997, ch. 178, § 2.
 
(vii)  "Legislature" means the legislative department of state government established by article 2, section 1 of the Wyoming constitution;
 
(viii)  "Judiciary" means the judicial department of state government established by article 2, section 1 of the Wyoming constitution;
 
(ix)  "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:
 
(A)  Reflect and identify any reductions to expenditures made pursuant to W.S. 9-2-1014.2 in the previous fiscal biennium;
 
(B)  Be reduced by any amount transferred from contingent appropriations pursuant to W.S. 9-2-1014.2 to any fund or account and expended from the fund or account to support services of the standard budget in the previous fiscal biennium.
 
(x)  "This act" means W.S. 9-2-1001 through 9-2-1026.13;
 
(xi)  "Contract employee" means an employee who is hired by any agency for a limited period of time, pursuant to rules promulgated by the human resources division in W.S. 9-2-1022(a)(xi)(F);
 
(xii)  "Base budget" means a budget containing all legislative appropriations as defined by W.S. 9-2-1013(d)(iv), which shall be prepared by the division 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;
 
(xiii)  "Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled;
 
(xiv)  "Employment first" means a concept to facilitate the full inclusion of individuals with disabilities in the workplace and community.  Under the employment first approach, community based, integrated employment is the first option for employment services for children and adults with disabilities.  Employment first includes competitive employment in an integrated setting;
 
(xv)  "Integrated setting" means with respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with individuals who do not have disabilities, other than nondisabled individuals who are providing services to those applicants or eligible individuals, to the same extent that individuals who do not have disabilities interact with other persons in comparable positions;
 
(xvi)  "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:
 
(A)  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;
 
(B)  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;
 
(C)  Goods or services and an invoice were received, but payment could not be made during the same biennium;
 
(D)  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;
 
(E)  A written agreement for a grant, loan or award to distribute funds was signed but the funds were not distributed during the same biennium;
 
(F)  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.
 
(xvii)  "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;
 
(xviii)  "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;
 
(xix)  "Structural budget deficit" means that anticipated taxes and other revenues for a fiscal biennium from traditionally available revenues sources are:
 
(A)  Less than appropriations for the general operations of state government for the corresponding fiscal biennium; or
 
(B)  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.
 
(xx)  "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;
 
(xxi)  "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;
 
(xxii)  "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:
 
(A)  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;
 
(B)  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;
 
(C)  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;
 
(D)  Less fund reversions as computed by the state auditor's office;
 
(E)  Less restricted cash as determined by the state auditor's office;
 
(F)  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;
 
(G)  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;
 
(H)  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;
 
(J)  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.
 
(b)  The department may assist the governor in discharging his duties as chief executive and administrative officer of the executive branch of government of the state of Wyoming. The governor through the department shall:
 
(i)  Improve techniques used for management of state government;
 
(ii)  Coordinate, consolidate and provide services which are used by more than one (1) agency;
 
(iii)  Review agency programs, expenditures and management to identify problems and suggest improvements;
 
(iv)  Promote economy and efficiency in government; and
 
(v)  Establish uniform standards of administration.
 
(c)  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 legislature and the judiciary shall cooperate with the department and 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.
 
(d)  The department shall consist of the following divisions in addition to the office of the director of the department:
 
(i)  Budget division;
 
(ii)  General services division;
 
(iii)  Human resources division;
 
(iv)  Repealed By Laws 2012, Ch. 30, § 4.
 
(v)  Repealed By Laws 1997, ch. 178, § 2.
 
(vi)  Economic analysis division;
 
(vii)  Repealed by Laws 1989, ch. 178, § 3.
 
(viii)  Repealed by Laws 1989, ch. 178, § 3.
 
(ix)  Repealed By Laws 1997, ch. 178, § 2.
 
(x)  State library division.
 
9-2-1003.  Director and division administrators; appointment; removal; powers of director.
 
(a)  The governor shall appoint a director of the department with the advice and consent of the senate who shall be the department's executive and administrative head, and who shall hold an ex officio seat on all boards and councils which advise or are within the department.
 
(b)  With the approval of the governor, the director may appoint administrators for each of the divisions. The governor may remove the director and division administrators as provided in W.S. 9-1-202.
 
(c)  The director may:
 
(i)  Employ professional, technical and other assistants to work in the director's office or in any of the divisions, along with other employees necessary to carry out the purpose of this act;
 
(ii)  Repealed by Laws 1991, ch. 29, § 6.
 
(iii)  Adopt reasonable rules and regulations to administer this act pursuant to the Wyoming Administrative Procedure Act;
 
(iv)  Formulate through his office the policies and programs to be carried out by the department through its respective divisions.
 
(d)  The director shall administer through his office all accounting, billing and collection functions required by the department.
 
(e)  The director shall administer through his office or through a division of the department, the duties of the department under the State Employees' and Officials' Group Insurance Act.
 
9-2-1004.  Budget division; duties; receipt of monthly statements of income, revenues and expenditures of state agencies and offices; authority to contract; purposes.
 
(a)  The department through its budget division shall:
 
(i)  In conjunction with the human resources division, assure that all personnel transactions  conform to budget requirements;
 
(ii)  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;
 
(iii)  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;
 
(iv)  Approve the creation, standardization, identification, abolishment or consolidation of budgetary accounts from which agencies operate subject to other provisions of law;
 
(v)  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.
 
(b)  Repealed By Laws 1997, ch. 178, § 2.
 
(c)  The budget division, with the approval of the governor, may enter into contracts on behalf of the state of Wyoming with the federal government or any agency thereof for the purpose of initiating unified or joint letters of credit, simplified fund matching ratios, consolidated grants-in-aid, cost allocation programs, state audit of federally sponsored programs or any other practice that will allow the more effective, efficient and economical use of state and federal revenues.
 
9-2-1005.  Payment of warrants; budget powers of governor; agency budgets; federal funds; new employees.
 
(a)  No warrant shall be drawn by the auditor or paid by the treasurer:
 
(i)  Unless funds have been previously appropriated or otherwise authorized by law for that purpose;
 
(ii)  When it has been certified by the department that a state agency is in nonconformance with its approved budget;
 
(iii)  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 shall be applied in determining whether an expenditure exceeds an appropriation or other funds authorized;
 
(iv)  If the expenditure is in nonconformance with the amounts, programs and approved budget authorized by legislative appropriation acts except upon approval of the governor as provided by subsection (b) of this section;
 
(v)  If the agency for which the expenditure was authorized is in noncompliance with a provision of a legislative appropriation act relating to the expenditure;
 
(vi)  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;
 
(vii)  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 approval of the governor as provided by subsection (b) of this section;
 
(viii)  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;
 
(ix)  If the expenditure of nonfederal monies appropriated for the personal services budget by a legislative appropriation act is requested for any other purpose;
 
(x)  If the expenditure was authorized for capital improvements but sought to be expended for any other purpose;
 
(xi)  If the expenditure is requested from federal revenues exceeding the amount authorized by a legislative appropriation act except upon approval of the governor as provided by subsection (b) of this section;
 
(xii)  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:
 
(A)  President of the University of Wyoming for the University of Wyoming;
 
(B)  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);
 
(C)  Chief justice of the supreme court for the judicial branch;
 
(D)  Director of the legislative service office for the legislative branch; or
 
(E)  President of each community college for his respective community college.
 
(xiii)  If the expenditure is otherwise in violation of law.
 
(b)  Subject to subsection (c) of this section, the governor may:
 
(i)  Authorize revisions, changes or redistributions to approved budgets;
 
(ii)  Authorize revisions, changes, redistributions or increases to amounts authorized for expenditure by legislative appropriation acts from non-general fund sources after notifying the legislature that 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);
 
(iii)  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);
 
(iv)  Authorize the implementation of the personnel classification and compensation plan consistent with W.S. 9-2-1022(b);
 
(v)  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.
 
(c)  The governor shall not:
 
(i)  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;
 
(ii)  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.
 
(d)  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.
 
(e)  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 budget division 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.
 
(f)  The joint appropriations interim committee of the legislature shall compile the approved budget for each agency's appropriation and transmit the budget to the governor and the agency.
 
(g)  No federal funds in excess of amounts approved by any legislative appropriations act may be accepted or expended until approved by the governor in writing with a copy to the joint appropriations interim committee. 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.
 
(h)  Repealed by Laws 1985, ch. 232, § 202.
 
(j)  Repealed By Laws 2000, Ch. 48, § 3.
 
(k)  Repealed By Laws 2003, Ch. 120, § 3.
 
(m)  Repealed By Laws 2003, Ch. 120, § 3.
 
(n)  Repealed By Laws 2003, Ch. 120, § 3.
 
(o)  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:
 
(i)  Appropriations and authorized positions transferred during the biennium, including transfers between expenditure series, programs and agencies with a detailed written description of the transfer;
 
(ii)  Use of the flex authority or authority under paragraph (b)(v) of this section to expend a contingent appropriation to avoid a reduction of expenditures pursuant to W.S. 9-2-1014.2.
 
(p)  The governor shall make available monthly for public inspection information on the exercise of his authority under paragraph (b)(ii), (v) and subsection (g) of this section and under W.S. 9-2-1014.2 for the immediately preceding month.  The information shall be made available on the Wyoming public finance and expenditure of funds website created by W.S. 9-2-1036(a).
 
9-2-1006.  Revenues or income of state agencies not part of appropriation or budget; exception; additions to appropriation or budget; reports concerning enterprise fund accounts.
 
(a)  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 pursuant to W.S. 9-2-1005(b). Any amount added to its appropriation or budget constitutes the entire appropriation for the full fiscal period.
 
(b)  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:
 
(i)  The purpose of the account;
 
(ii)  Whether the original mission of the account has been met;
 
(iii)  Whether the operation of the account needs to be continued; and
 
(iv)  Detailed information concerning revenue to and expenditures from the account for the previous biennium.
 
9-2-1007.  Restrictions on indebtedness and expenditures of state agencies; allotment system.
 
(a)  No indebtedness shall be incurred or expenditure made by any agency in excess of the amount appropriated or otherwise authorized by law or where expressly prohibited by law or regulation adopted under this act or prohibited by federal law. Expenditures from the account administered through the surplus property section shall be made only as permitted by federal law. Transfers in budget categories shall not be permitted by the department where the items of appropriation or other revenues are explicitly limited to a defined purpose by law or regulation adopted under this act. No agency shall revise, modify or otherwise change its approved budget without the prior approval of the department through the budget division.
 
(b)  Repealed by Laws 1988, ch. 22, § 1.
 
9-2-1008.  Unexpended, unobligated funds to lapse or be carried over; duty of auditor; reporting.
 
(a)  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.
 
(b)  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.
 
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.
 
9-2-1010.  Duties of budget division; biennial budgets and appropriations.
 
(a)  The department through the budget division shall:
 
(i)  Prepare the state budget with the assistance of an entity for presentation by the governor to the legislature;
 
(ii)  Prescribe the form, contents and procedure of and for budget documents with the advice of the chairman of the joint appropriations interim committee; and
 
(iii)  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. 23-1-502(d) and 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.
 
(b)  At each budget session budgets shall be prepared and appropriations made for the operation of state government on a biennial basis.
 
9-2-1011.  Duties of budget division; preparation of standard budget estimates; entities to prepare expanded and exception budgets; form; required information; base budgets.
 
(a)  Subject to subsection (c) of this section, the department through the budget division shall prepare standard budget estimates. Entities shall prepare expanded and exception budgets in a form consistent with the standard budgets as directed by the department.
 
(b)  The information developed in budget documents shall include:
 
(i)  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;
 
(ii)  Expenditures, obligations, encumbrances and balances of the agencies from whatever source derived;
 
(iii)  Estimates of revenues and future needs of entities;
 
(iv)  Program changes, descriptions and activities of the agencies;
 
(v)  An explanation of and reasons for anticipated receipts and expenditures of the agencies;
 
(vi)  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;
 
(vii)  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.  Contingent appropriations transferred to each fund or account and expended from each fund or account shall be separately identified.
 
(c)  The budget division shall for purposes of preparing the standard budget for entities under this section, include the base budget and the specific amount the base budget differs from the standard budget estimate. The differences shall be itemized and explained in writing on a standardized form prescribed by rule and regulation of the division. The base budget and accompanying forms shall be included within the budget estimates and related information for each entity as compiled under W.S. 9-2-1012(b).
 
(d)  Except as otherwise provided by law, budgets for the game and fish department and department of transportation shall be submitted to the governor and the budget division as provided in this subsection.  The budget shall be submitted in a manner and format approved by the budget division and shall be submitted by the game and fish commission by August 1 of each year and by the transportation commission by October 1 of each year.  The manner and format approved by the budget division shall provide for legislative review.  Any modification to the manner and format shall be reported to the joint appropriations committee immediately upon approval.
 
9-2-1012.  Duties of budget division; 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 interim committee.
 
(a)  The department through the budget division shall transmit a standard budget and a manual of instruction for the preparation of exception and expanded budgets to entities on or before August 15 of odd numbered years. On or before September 15 of odd numbered years entities shall return the completed exception and expanded budgets.
 
(b)  The director of the department and administrator of the budget division after compiling the requested budget estimates and related information collected from the several agencies of the state shall submit the overall state budget estimate and related information along with their comments and recommendations to the governor no later than November 1 of each budget period.
 
(c)  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.
 
(d)  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.
 
(e)  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.
 
(f)  In addition to subsection (b) of this section and not later than October 1 of each odd-numbered year, the administrator of the budget division shall file with the legislative service office a copy of the base budget, standard budget estimate and accompanying base budget forms required under W.S. 9-2-1011(c) for each entity. The legislative service office shall provide copies of the information filed under this subsection to the joint appropriations interim committee.
 
(g)  The state employee compensation commission shall submit to the budget division and the joint appropriations interim committee within the time periods specified in subsection (a) of this section its recommendations regarding state employee compensation.  The budget division and department shall consider those recommendations in developing budgets and submitting recommendations to the governor pursuant to subsection (b) of this section.  When distributing the overall state budget to the legislature, the governor shall summarize the manner in which the proposed budget addresses the recommendations of the state employee compensation commission.
 
(h)  If the governor exercises his authority provided by W.S. 9-2-1022(a)(xi)(F)(VI) to create an at-will employment contract position, the governor shall seek continued authorization for that position by a budget request in the next session of the legislature.  If authorization for the at-will employee contract position is not specifically approved in the general appropriations bill, the position shall terminate and shall not be reauthorized in the future without prior legislative approval.
 
9-2-1013.  State budget; distribution of copies to legislators; copies and reports of authorizations.
 
(a)  On or before December 1 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:
 
(i)  Expenditures incurred in the two (2) previous fiscal years and estimates of expenditures for the ensuing two (2) fiscal years;
 
(ii)  Revenues during the two (2) previous fiscal years and estimated receipts for the ensuing two (2) fiscal years;
 
(iii)  The indebtedness and obligations of the state;
 
(iv)  The condition of the various funds and the state treasury as a whole;
 
(v)  A general summary of the economic and social conditions of the state;
 
(vi)  Recommendations relative to state program goals and objectives.
 
(b)  The budget division of the department shall furnish to the legislative service office copies of all authorizations by the governor pursuant to W.S. 9-2-1005(b) within ten (10) days following the authorization. The legislative service office shall make quarterly reports of all authorizations by the governor to the legislative management council and the joint appropriations interim committee.
 
(c)  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.
 
(d)  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:
 
(i)  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;
 
(ii)  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;
 
(iii)  The total recommended appropriations under this subsection shall not include any of the following:
 
(A)  The diversion of any existing revenue sources which diversion would require enactment of legislation in addition to existing law;
 
(B)  The transfer of funds from an account to another account except transfers from the budget reserve account;
 
(C)  An appropriation from the legislative stabilization reserve account, to the extent the recommended appropriation together with any 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;
 
(D)  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 and remain unexpended, unencumbered and unobligated.
 
(iv)  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;
 
(v)  For each submitted budget the governor shall:
 
(A)  Specify the exercise of any authority under W.S. 9-2-1014.2 in the current fiscal biennium;
 
(B)  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;
 
(C)  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 contingent appropriations 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.
 
(vi)  Nothing in this subsection prevents the governor from recommending an additional, alternative budget without the limitations specified in this subsection.
 
(e)  Repealed By Laws 2003, Ch. 34, § 1.
 
9-2-1014.  Report required with budget request; format and contents of report; compilation of compendium of agency reports; distribution of copies.
 
(a)  An agency's budget request to the department shall be accompanied by a written, comprehensive report of the programs, objectives, activities and condition covering the previous fiscal period. The report shall be in a format developed by the department, in conjunction with the agency and the legislative service office. Notice of the format requirements shall be forwarded to each agency no later than July 15 of each year. The report shall detail the fiscal affairs of the reporting agency including receipts and expenditures and make recommendations for improving the agency's programs.  The report shall include an annual performance report which provides a means of evaluation of the outcomes included in an agency strategic plan required by W.S. 28-1-115 and 28-1-116.
 
(b)  Upon the receipt of all agency reports, the department 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 the department of administration and information shall in no manner alter or amend the information received from an agency without that agency's written direction. The report of any agency to the department is available pursuant to the Public Records Act.
 
(c)  Electronic or printed copies of the compendium and the state budget document shall be submitted to the governor and to each legislator. Printed copies of the compendium shall be furnished to the budget division and the state library division within the department, the state auditor, the department of audit, the legislative service office, and to any legislator requesting a printed copy.
 
(d)  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 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:
 
(i)  Specific or general budget reductions;
 
(ii)  Immediate contingent appropriations. Any recommendation for a contingent appropriation from the legislative reserve account shall be limited so that the total of all such contingent appropriations in any fiscal year does not exceed one hundred eight million seven hundred thousand dollars ($108,700,000.00);
 
(iii)  Recommended expenditure of funds from the legislative stabilization reserve account and other expendable funds; and
 
(iv)  Temporary redistribution of revenue streams.
 
(e)  In making its recommendations, the committee shall consider:
 
(i)  The forecasted length and amount of the shortfall or deficit;
 
(ii)  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);
 
(iii)  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;
 
(iv)  The ability to restructure programs and available revenues to address the budget shortfall or deficit;
 
(v)  Current and forecasted short term and long term economic conditions of the state;
 
(vi)  Recommended depletion rates of expendable funds based upon:
 
(A)  Prudent short and long term savings policies for state government; and
 
(B)  The state's revenue structure.
 
9-2-1014.1.  State budget; requests by recipients of certain earmarked funds for additional funding from the budget reserve account.
 
(a)  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.
 
(b)  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).
 
(c)  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.
 
(d)  The governor shall include his recommendations for additional funding for state agencies and for local governments from the budget reserve account in his December 1 budget recommendation to the legislature. His total recommendations under this section shall not exceed the total amount determined under subsection (b) of this section.
 
(e)  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:
 
(i)  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;
 
(ii)  A total amount shall be annually appropriated to the state treasurer to be distributed to all local governments as follows:
 
(A)  Thirty percent (30%) to counties, in the proportion which the population of the county bears to total state population;
 
(B)  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.
 
(iii)  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.
 
(f)  To the extent that actual recognized revenues are less than the estimated deposits referenced in subsection (b) of this section:
 
(i)  The distribution of any appropriation to local governments under this section shall be reduced by a pro rata amount; and
 
(ii)  The state auditor shall reduce the spending authority of any state agency receiving an appropriation under this section by a pro rata amount.
 
(g)  For the purpose of this section:
 
(i)  "Local government" means any county or municipality;
 
(ii)  Repealed By Laws 2009, Ch. 170, § 2.
 
(iii)  "State agency" means the department of transportation, the University of Wyoming and the water development office.
 
9-2-1014.2.  Budget shortfall measures; expenditure reductions; use of contingent appropriations.
 
(a)  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.
 
(b)  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:
 
(i)  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;
 
(ii)  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;
 
(iii)  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:
 
(A)  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;
 
(B)  The period of time any decline in revenues resulting in the budget shortfall is forecasted to last;
 
(C)  The availability of any other existing or projected funds to offset any predicted shortfall;
 
(D)  The amount of time before the next regular general or budget legislative session;
 
(E)  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.
 
(c)  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.
 
9-2-1015.  Repealed By Laws 1997, ch. 178, § 2.
 
9-2-1016.  General services division
 
(a)  As used in this section:
 
(i)  "Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration;
 
(ii)  "Services" means the furnishing of labor, time or effort by a contractor to an agency.  The term does not include employment agreements;
 
(iii)  "Supplies" means:
 
(A)  All property, including but not limited to, furniture, fixtures, stationery, printing, paper, fuel and equipment of every kind required for use in the offices, service and functions performed by agencies, and for repairing, heating and lighting the state buildings; and
 
(B)  Insurance and bonds from licensed Wyoming agents as required.
 
(b)  For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or school districts. It does not include the department of transportation except as to paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall:
 
(i)  Adopt rules governing the procurement, management, control and disposal of all supplies and services required by agencies. The rules shall establish standards and procedures which promote fair and open competition.  No agency shall procure supplies or services except in compliance with the rules adopted by the department;
 
(ii)  Adopt standard forms and procedures for regulating the procurement of supplies or services required by agencies;
 
(iii)  Adopt a uniform commodity classification system designating the quality, material and brand of supplies or services required by agencies;
 
(iv)  Adopt standard forms and procedures providing that bids or contracts for supplies or services shall be awarded through the use of competitive sealed bidding, competitive negotiation, noncompetitive negotiation or small purchase procedures as hereafter provided:
 
(A)  Bids or contracts for supplies or services in excess of seven thousand five hundred dollars ($7,500.00) shall be made by competitive sealed bidding when the configuration or performance specifications, or both, are sufficiently designed to permit award on the basis of the lowest evaluated price as determined in accordance with objective, measurable criteria set forth in the invitation for bids, and when available sources, the time and place of performance, and other conditions are appropriate for the use of competitive sealed bidding;
 
(B)  Whenever the administrator determines in writing that the use of competitive sealed bidding is not feasible or practical, contracts for supplies or services may be made by competitive negotiation. An elected state official may also contract for supplies or services for his office by competitive negotiation if the contract is for twenty thousand dollars ($20,000.00) or less and he determines that the use of competitive sealed bidding is not feasible or practical;
 
(C)  Contracts may be made by noncompetitive negotiation only when competition is not feasible, as determined in writing prior to award by the administrator and approved by the governor or his designee. An elected state official may also contract for supplies or services for his office by noncompetitive negotiation if the contract is for twenty thousand dollars ($20,000.00) or less and he determines that competition is not feasible;
 
(D)  Bids or contracts for contractual services, consulting services, and special projects and services, for the purpose of hiring professionals, consultants or contracted services in an amount exceeding one thousand five hundred dollars ($1,500.00) by an agency require the approval of the governor or his designee prior to state commitment;
 
(E)  Agencies shall be authorized to make small purchases in accordance with rules adopted by the department.  The rules shall include small purchase procedures which authorize agencies to procure supplies or services not exceeding one thousand five hundred dollars ($1,500.00), or such higher amount established by the department, but not to exceed seven thousand five hundred dollars ($7,500.00), without compliance with this paragraph and without prior approval of the department;
 
(F)  This paragraph shall not apply to the procurement by the department of corrections of raw materials used in a correctional industries program to manufacture goods or to provide services under W.S. 7-16-206(a)(i), the procurement of goods or services from the department of corrections under W.S. 7-16-206(a)(i) when the goods or services produced are not available from other Wyoming manufacturers or service providers, the procurement of professional services under W.S. 9-2-1027 through 9-2-1033, nor to purchases of feed by the game and fish department for winter elk ranges.  Subparagraph (E) of this paragraph shall not apply to the procurement of services or supplies by the offices of state elected officials.  Subparagraph (D) of this paragraph shall not apply to the procurement of services by the offices of state elected officials if the contract is for twenty thousand dollars ($20,000.00) or less;
 
(G)  If competitive sealed bidding is required the contract shall be let to the responsible private sector bidder making the lowest bid if the private sector bidder's bid is not more than five percent (5%) higher than that of the lowest responsible nonprivate sector bidder;
 
(H)  The director of the department of administration and information or his designee, upon a written finding that it would be more efficient to use federal procurement procedures for contracts let by the Wyoming military department concerning state owned properties under the control of the adjutant general, may authorize federal procurement procedures instead of the procedures required by this paragraph.
 
(v)  Establish and maintain an inventory of all agencies' property purchased in total or in part with state funds or otherwise held in the name of the state. The inventory shall contain the following information: acquisition cost, property description, present value, property location and other information as required;
 
(vi)  Classify all agencies' property into uniform categories as determined by type of property, using agency, location or other factors. Systematically arrange under a uniform classification a list of all personal property belonging to the state. The inventory shall be arranged to show separately the property pertaining to each state office, institution, department and board. The inventoried property shall be inspected annually, checked and its value fixed. The inventory shall be revised at the same date each year, bringing all newly acquired property into the inventory under its proper classification. All officers and employees in each agency shall assist the department in securing and compiling the information pertaining to their respective agencies;
 
(vii)  Develop a system of numbers by which all tangible personal state property can be identified. Identification numbers shall be affixed to all property unless otherwise provided by the department;
 
(viii)  Supervise and approve disposition by sale or trade-in of all agencies' property which has been deemed to be no longer cost effective to the state. Real property in excess of forty (40) acres in one (1) tract or valued at fifteen thousand dollars ($15,000.00) or more shall not be disposed of at less than current appraised value as authorized in accordance with rules of the state building commission. No other property shall be disposed of at less than fair market value either for cash or in exchange for credit upon purchase of new property. All sales shall be public and based upon adequate notice except that state owned motor vehicles may be sold at public or dealer auction and except that for the first thirty (30) days after acquisition, any personal property may be made available to those entities qualifying under federal surplus property guidelines through the state surplus property warehouse. The proceeds of sale, less costs of sale, shall be remitted to the treasurer for the benefit of the fund from which the property was purchased. This paragraph shall not apply to, nor shall the department or the state building commission approve or supervise the disposition of land by the state transportation commission;
 
(ix)  Repealed By Laws 1997, ch. 178, § 2.
 
(x)  Require each agency to report in a manner prescribed by the department the acquisition, disposition, transfer, loss or theft of all personal property. No state agency shall dispose of or transfer any personal property without the prior approval of the department;
 
(xi)  Secure and maintain insurance or otherwise protect against fire and other perils on all buildings and structures and the contents thereof, and other properties owned by the state of Wyoming or any of its agencies. The insurance shall be in an amount which is adequate to protect the interest of the state of Wyoming and, where appropriate, the interest of the United States;
 
(xii)  Secure and maintain insurance against the risks of fire and theft and other insurance deemed necessary or required by law on all motor vehicles, trailer attachments and aircraft owned by the state of Wyoming or any of its agencies. The insurance secured and maintained shall be in an amount which is adequate to protect the interest of the state but not less than the amounts required by W.S. 1-39-101 through 1-39-120. In securing insurance the department shall take full advantage of experience ratings and groupings or master policies to the end that the insurance may be secured at the lowest possible beneficial rates and for the best interest of the state;
 
(xiii)  Secure personal liability and surety bonds for Wyoming peace officers, employees and state officials as required by statute, secure professional liability insurance for Wyoming doctors and nurses employed by the state, and secure liability insurance for all property owned by the state or any of its agencies as required by W.S. 1-39-101 through 1-39-120;
 
(xiv)  Provide assistance requested by the legislature or the judiciary in the procurement of supplies and services;
 
(xv)  Provide central reproduction and other duplication services to agencies;
 
(xvi)  Provide central mail and allied services to agencies;
 
(xvii)  Repealed by Laws 2016, ch. 105, § 4.
 
(xviii)  Repealed by Laws 2016, ch. 105, § 4.
 
(xix)  Lease all property for the state in accordance with rules of the state building commission.  Leasing of property by the state shall be conducted on a bid and proposal basis with advertising of space needs and square footage in community or local newspapers.  Leasing contracts may be entered into by noncompetitive negotiation only if:
 
(A)  The administrator determines in writing that competitive bidding is not feasible; or
 
(B)  The lessor is a governmental agency.
 
(xx)  Maintain, repair and replace all state property in accordance with rules of the state building commission;
 
(xxi)  Administratively implement the state building commission's rules relating to the leasing, routine maintenance, management, operation and equipping of state office buildings as provided in W.S. 9-1-501 through 9-1-508;
 
(xxii)  Repealed by Laws 2016, ch. 105, § 4.
 
(xxiii)  Plan for all agency office and other space needs in accordance with the provisions of W.S. 9-5-107, 9-5-108 and rules, procedures and criteria adopted pursuant to that section.
 
(c)  The surplus property section within the division of general services is created, which shall be the state's surplus property agency pursuant to the terms of 40 U.S.C. § 549. The surplus property section may:
 
(i)  Acquire from the United States of America under and in conformance with the Federal Property and Administrative Services Act of 1949, as amended, hereinafter referred to as the "act", property, including equipment, materials, books or other supplies under the control of any department or agency of the United States of America which are usable and necessary for purposes of education, public health or civil defense, including research for any purpose authorized by federal law; to warehouse the property; and to distribute the property within the state to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the state, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under 26 U.S.C. § 501(c)(3), to civil defense organizations of the state, or political subdivisions and instrumentalities which are established pursuant to state law, and to other types of institutions or activities which are eligible under federal law to acquire the property;
 
(ii)  Receive applications from eligible health and educational institutions for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the state, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of applications for acquisition of real and related personal property of the United States under 40 U.S.C. § 550;
 
(iii)  Make certifications, take action, make expenditures and enter into contracts, agreements and undertakings for and in the name of the state (including cooperative agreements with any federal agencies providing for utilization by and exchange between them of the property, facilities, personnel and services of each by the other), require reports and make investigations as required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, utilization and distribution of federal surplus personal property received by the department from the United States of America;
 
(iv)  Act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in paragraph (i) of this subsection and other institutions eligible to acquire federal surplus real property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which the property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to the property, and to aid and assist the institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder;
 
(v)  Cooperate to the fullest extent consistent with the act with the departments or agencies of the United States of America, file a state plan of operation, operate in accordance therewith, and take necessary action to meet the minimum standards prescribed in accordance with the act, make reports in the form and containing the information which the United States of America or any of its departments or agencies requires, and comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use of, or accounting for, property donable or donated to the state.
 
(d)  Any charges made or fees assessed for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer by the department and, in the case of real property, the charges and fees shall be limited to the reasonable administrative costs of the department incurred in effecting transfer. Revenue resulting from payments of charges and fees shall be paid into the trust and agency fund and shall be utilized for payment of all costs to the department of acquiring, warehousing, distributing and transferring property under the federal surplus property utilization program and be disbursed in accordance with applicable federal regulations.
 
(e)  Any provision of law to the contrary notwithstanding, the governing board, or if none, the executive head, of any agency or of any city, county, school district or other political subdivision may by order or resolution confer upon any officer or employee thereof continuing authority to secure the transfer to it of surplus property under this act, and to obligate the state or political subdivision and its funds to the extent necessary to comply with the terms and conditions of the transfers. This authority conferred upon any officer or employee by any order or resolution shall remain in effect unless and until the order or resolution is duly revoked and written notice of revocation is received by the department.
 
(f)  The section may engage in activities relative to federal excess property in connection with the use of the property by other state agencies, institutions or organizations engaging in or receiving assistance under federal programs. The section may enter into contracts and other agreements for and on behalf of the state, including the cooperative agreements within the purview of section 203(n) of the federal act (40 U.S.C. § 484(j)) with federal agencies, as well as agreements with other groups or associations which will in any way procure the administration of the section's functions but this act relating to the procurement of property shall not apply to the section in the acquisition of federal surplus property.
 
(g)  All meat used or purchased for use in any state institution shall be produced and processed within the United States, and neither the general services division of the department nor anyone else shall negotiate, execute or approve any contract for the purchase of meat to be used in any state institution if the meat has been produced or processed outside the United States. The department shall adopt appropriate rules to carry out the purpose of this subsection.
 
(h)  The general services division shall:
 
(i)  Manage and control all state motor vehicles and equipment including their identification, purchase, lease, replacement, repair and permanent assignment, except for state owned or leased vehicles personally used by or assigned to the governor, secretary of state, state auditor, state treasurer or superintendent of public instruction;
 
(ii)  Establish, update and comply with uniform standards and criteria promoting the economic and effective maintenance and use of motor vehicles consistent with the needs and locations of agencies;
 
(iii)  Procure motor vehicles which operate on compressed natural gas as specified in W.S. 9-18-101.
 
(j)  Any state or county employee or officer using a state vehicle without authorization or for purposes other than official business is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00).
 
(k)  Each elected state official shall report annually by October 31, to the joint appropriations interim committee a list of all contracts entered into by the elected state official during the previous fiscal year for supplies or services, if the contract was not awarded by competitive sealed bidding and the administrator did not determine in writing that the use of competitive sealed bidding was not feasible or practical. The report shall also include a list of all contracts entered into by the elected state official for contractual services, consulting services or special projects and services if the contract was not approved by the governor or his designee.
 
9-2-1017.  Professional liability insurance for peace officers; limits of policy; definition of peace officer.
 
(a)  The state of Wyoming through the department shall purchase a comprehensive professional liability policy providing coverage for all peace officers if:
 
(i)  Coverage is available at a reasonable cost; and
 
(ii)  It is economically more feasible to provide coverage through the purchase of insurance than through self-insurance as provided by W.S. 1-41-101 through 1-41-111.
 
(b)  The limits of the policy shall be no less than the present limits of liability insurance purchased by the state for state law enforcement officers. The policy may provide for a deductible or a retention up to ten thousand dollars ($10,000.00) which is the responsibility of the governmental entity employing the peace officer for whom the claim was paid.
 
(c)  For the purposes of this section, "peace officer" means as defined by W.S. 7-2-101.
 
9-2-1018.  Repealed By Laws 2012, Ch. 30, § 4.
 
9-2-1019.  Personnel hearings; state employee compensation commission created; duties.
 
(a)  Each personnel appeal hearing shall be conducted by a presiding officer.  Pursuant to rules adopted by the administrator of the personnel division, the parties to a personnel appeal shall submit the name of a presiding officer as mutually agreed to.  If the parties fail to submit a name within the time allowed, or if that person is, at any time, unable or unwilling to serve, the administrator shall immediately refer the matter to the office of administrative hearings.  A hearing officer from the office of administrative hearings may be peremptorily disqualified from acting in a case by the filing of a motion by either party within ten (10) days of receipt of notice of the assignment of that hearing officer.  In any matter, a party may exercise the peremptory disqualification only one (1) time and against only one (1) hearing officer.  Either party may seek to disqualify any hearing officer for cause as provided in the Wyoming Rules of Civil Procedure. The presiding officer shall conduct an impartial contested case hearing in accordance with the Wyoming Administrative Procedure Act. A state employee serving as a presiding officer shall not receive a fee for his service but shall be considered engaged in the performance of the duties of his position and shall receive his salary and reimbursement for expenses as provided for state employees. If the presiding officer is from the office of administrative hearings, that office shall be paid at the rate established by that office for services of its hearing officers. The fee received by a presiding officer who is not an employee of the state shall be paid at the same rate established by the office of administrative hearings for services of its hearing officers. The expense of the hearing shall be charged to and borne by the state agency in which the complainant was employed. The presiding officer's authority shall be limited to the following:
 
(i)  To conduct hearings in accordance with W.S. 16-3-112(b)(i) through (vii) of the Wyoming Administrative Procedure Act and the personnel rules of the executive branch of the state;
 
(ii)  To determine if the agency complied with relevant procedural requirements of the personnel rules of the executive branch of the state of Wyoming. Any error or defect in the proceedings which does not affect the substantial rights of either of the parties may be disregarded;
 
(iii)  To determine, based upon the evidence presented at the hearing, whether the agency established facts by a preponderance of the evidence constituting good cause for the personnel action, in which event the action shall be affirmed, or whether the facts established by the agency do not constitute good cause for the personnel action, in which event the action shall be reversed.
 
(b)  Repealed by Laws 1989, ch. 197, § 2.
 
(c)  The decision of a presiding officer under subsection (a) of this section constitutes the final agency action, but any party, including the state of Wyoming, aggrieved by a decision of a presiding officer may seek judicial review of that decision in the district court pursuant to W.S. 16-3-114.  The district court or supreme court may award reasonable attorney fees and costs to the prevailing party.
 
(d)  Upon reversal of a personnel action, the agency shall retain authority to take other management actions, as recommended by the presiding officer, including less severe personnel action, based upon the facts found at the hearing.
 
(e)  The state employee compensation commission is created to review issues related to employee compensation. The commission shall consist of not more than six (6) members to serve two (2) year terms.  Three (3) members shall be appointed by the management council of the legislature of whom one (1) shall be from the private sector, and one (1) each from the senate and house of representatives. Two (2) members shall be appointed by the governor, of whom one (1) shall be from the private sector.  One (1) member shall be appointed by the chief justice of the Wyoming supreme court but shall be a nonvoting member.  The commission shall elect a chairman from among its two (2) legislative members.
 
(f)  Members who are not legislators or state employees shall receive per diem and travel expenses in the same manner and amount provided under W.S. 28-5-101.
 
(g)  The commission shall meet at the call of the governor, or the chairman, and shall review personnel related issues including, but not limited to:
 
(i)  Decisions relevant to market-based compensation;
 
(ii)  Proper recognition and appreciation of employees;
 
(iii)  Review of personnel rules and regulations;
 
(iv)  Proper manager to employee ratios.
 
(h)  The commission:
 
(i)  Shall function as a liaison between the legislature and the governor and executive branch agencies on matters concerning state employee personnel policies provided in subsection (g) of this section;
 
(ii)  May hold public hearings regarding any of its duties;
 
(iii)  May make and enter into contracts necessary or incidental to carry out any of its duties;
 
(iv)  May recommend legislation on matters concerning state employee personnel issues. Any recommendations from the commission shall be submitted to the management council of the legislature;
 
(v)  Shall appear before the joint appropriations committee as requested by the committee to present recommendations submitted by the commission pursuant to W.S. 9-2-1012(g).
 
9-2-1020.  Repealed by Laws 1989, ch. 197, § 2.
 
9-2-1021.  Repealed by Laws 1989, ch. 197, § 2.
 
9-2-1022.  Duties of department performed through human resources division.
 
(a)  Subject to subsection (b) of this section, the department through the human resources division shall:
 
(i)  Establish and administer a personnel classification schedule covering all agency employees, classifying positions into categories determined by similarity of duties, authority, responsibilities and other relevant factors of employment;
 
(ii)  Establish and administer a consistent, equitable and flexible compensation plan covering all agency employees;
 
(iii)  Supervise employer-employee benefit plans not otherwise provided for by law;
 
(iv)  Maintain an information roster on each employee of the state specifying employee name, employing agency, position classification, rate of compensation, job title, position description and service tenure. The information shall be available for inspection only as provided by the Public Records Act;
 
(v)  Maintain a register of applications made by all persons seeking employment with an agency. Each application shall be rated on the basis of suitability and qualifications without regard to political affiliation, race, color, sex, creed or age;
 
(vi)  Initiate and administer recruitment programs designed to attract a sufficient quantity of suitable and qualified employees to the service of the state as needed to fulfill service commitments to its citizens;
 
(vii)  Approve all in-service or staff development programs available through agencies or sponsored by the department;
 
(viii)  Approve all agencies' changes related to personnel with respect to compensation, position classification, transfers, job titles, position specifications and leave time;
 
(ix)  Subject to subsection (g) of this section, establish personnel standards governing employee leave time, hours of work, attendance, grievances and terminations;
 
(x)  With the cooperation and assistance of the division of economic analysis, collect and maintain statistical information related to personnel administration from agencies;
 
(xi)  Promulgate reasonable rules:
 
(A)  Which are necessary to administer the classification plan and the compensation plan;
 
(B)  Governing minimum hours of work, attendance regulations, leaves of absence for employees, vacations and the order and manner in which layoffs shall be made;
 
(C)  Concerning recruiting, transfers, discipline, grievances and appeals;
 
(D)  Necessary to administer a program whereby employees may share positions as set forth in subsection (f) of this section;
 
(E)  Repealed By Laws 2009, Ch. 129, § 2.
 
(F)  Necessary to administer a program whereby at-will contract employees may be utilized by agencies to meet programmatic needs.  These rules shall be structured so that:
 
(I)  At-will contract employees receive benefits limited to coverage and employer contributions as required by law for social security, worker's compensation, unemployment compensation and group insurance benefits as provided in subdivision (III) of this subparagraph and except as otherwise provided in subdivision (IV) of this subparagraph;
 
(II)  The minimum benefits or rights specifically required under any federal law are provided.  In determining the minimum benefits or rights provided under federal law, the rules shall require employment contracts under this subparagraph to be structured so as to exempt at-will contract employees from coverage to the greatest extent possible;
 
(III)  Except as provided in this subdivision and in subdivision (IV) of this subparagraph, no at-will contract employees shall be eligible for or accrue any type of leave or be eligible to participate in or otherwise be covered by state employees' and officials' group insurance, the state retirement system or the deferred compensation program. If the employment contract so provides, an at-will contract employee may be eligible for membership in the state employees' and officials' group insurance plan in accordance with W.S. 9-3-207, or in the case of the Wyoming retirement system an at-will contract employee of a member employer may be enrolled in the system if that employee's wages under the contract are reported on an Internal Revenue Service Form W-2 Wage and Tax Statement, provided the employee pays the total premium or contribution required;
 
(IV)  Notwithstanding subdivision (III) of this subparagraph, if the employment contract so provides, an at-will, year-round, full-time brand inspection contract employee authorized to carry out the duties specified by W.S. 11-20-201 may be eligible for membership in the state employees' and officials' group insurance plan in accordance with W.S. 9-3-207, and the state retirement system under W.S. 9-3-412, provided the employee pays the total premium or total contribution required, or the portion of the premium or contribution, if any, the employment contract directs the employee to pay and the employee's wages under the contract are reported on an Internal Revenue Service Form W-2 Wage and Tax Statement. Subject to the limitations of W.S. 9-3-412(c), the Wyoming livestock board shall have sole discretion to determine the amount of the total premium or contribution to be paid by the employee and the amount to be paid by the board, if any.  The amounts shall be stated in the employment contract.  The time limitations provided in subdivision (V) of this subparagraph shall not apply to any employee under this subdivision;
 
(V)  An at-will contract shall be for a term not exceeding twenty-four (24) months subject to renewal of the contract at the end of the contract period and W.S. 9-2-1012(h);
 
(VI)  No at-will  employee contract position shall be created unless specifically authorized by legislation or approved by the governor. Any position approved by the governor shall be reported to the joint appropriations committee as provided by W.S. 9-2-1005(b).  Continued authorization of any at-will employee contract position created by the governor shall be subject to legislative review and approval pursuant to W.S. 9-2-1012(h).
 
(xii)  Repealed By Laws 2009, Ch. 129, § 2.
 
(xiii)  Administer all statewide training functions provided by the department;
 
(xiv)  Repealed By Laws 2001, Ch. 55, § 3.
 
(b)  The state compensation plan shall apply to all state executive branch employees except those employees of the University of Wyoming and community colleges.  The compensation and classification plan shall be designed to attract and retain a sufficient quantity of quality employees with competitive compensation based on relevant labor markets for each class of employment. The plan shall be based upon principles of fairness and equity and be administered with sound fiscal discipline. The plan shall utilize both fixed and variable compensation as well as noncash reward and recognition programs. All variable compensation benefits under the plan shall be administered by the department as a separately designated and appropriated budget item.  The plan shall consist of:
 
(i)  Current job descriptions. These shall describe job content including the nature and level of work performed, responsibilities, requirements to possess professional licenses, certifications or registrations, and assist in job evaluation and classification, pay comparisons with other entities, recruitment, selection and performance appraisal;
 
(ii)  Job content and classification.  This process shall formally assign positions to classifications and determine pay grades in one (1) or more pay systems based on an evaluation of the content of jobs using quantitative point factors.  At a minimum, these factors shall include knowledge, experience, skill problem solving, accountability and working conditions.  These factors and their weights shall be established by the human resources division and reflect the relative importance of job content to the state and to the appropriate local, regional, national market or a combination of these markets as determined by the division.  Establishing the value of compensation shall be primarily based on establishing the appropriate market value of the job.  For positions for which a market value cannot readily be identified, the value of compensation shall be based on a fair and defensible method. Total compensation, including base salary, benefits, lump sum payments, allowances and other variable elements of compensation shall be targeted at a competitive level when compared to the appropriate labor markets to allow the state to attract and retain the quality and quantity of employees needed to fulfill service commitments to its citizens. The human resources division shall periodically audit and update the system to ensure that it reflects current labor market conditions and at the request of the state employee compensation commission shall review applicable department rules and regulations, or through assessing employee complaints analyze hiring difficulties and turnover statistics;
 
(iii)  Pay data collection and analysis.  Data collection shall be based on a defined and relevant labor market that is representative of public and private sector employers.  The relevant labor market may be local, regional, national or a combination of these markets as determined by the division to best reflect the relative importance of a job to the state.  Data analysis shall identify salary ranges for each pay grade with minimum and maximum dollar limits. The total compensation package for state employees shall be considered in the data collection and analysis;
 
(iv)  Procedures to set and change individual pay rates consistent with subsection (c) of this section;
 
(v)  A performance appraisal system.  This system shall measure performance in writing as objectively as possible.  The system shall relate differences in performance levels and provide a means of employee advancement within classification pay grades.  Evaluators shall be trained in performance appraisal prior to assessing the performance of any employee.  Evaluators shall be required to attend continuing personnel evaluation education programs as deemed necessary by the human resources division.  All employees subject to appraisal may respond to the appraisal of their performance in writing;
 
(vi)  When a license, certification or registration is required to perform job duties it shall be included in the position job classification, job advertisement and announcement;
 
(vii)  Data collected under this subsection shall be available to the legislature as needed.
 
(c)  The state compensation plan shall provide for the following procedures to establish and change individual pay rates:
 
(i)  Rates of pay shall be determined using knowledge, skills, abilities, experience, responsibilities, requirements to possess professional licenses, certifications or registrations, and labor market conditions giving consideration to salaries in the public and private sector in the relevant labor market as determined by the division. Rates of pay shall be based on a combination of achievement of performance objectives, recognition of differences in job content, acquisition and application of further knowledge, skills and abilities;
 
(ii)  General pay increases shall be only those approved by the legislature;
 
(iii)  Pay increases based on performance appraisals shall be approved consistent with the performance appraisal system;
 
(iv)  Promotion pay increases may be approved when an employee moves to a higher job grade;
 
(v)  Longevity pay increases shall be approved at a rate of forty dollars ($40.00) per month for each five (5) years of service.  Longevity pay increases shall not be considered as part of base pay;
 
(vi)  Special pay increases may be approved by the governor using available funds.
 
(d)  Repealed by Laws 1989, ch. 52, § 2.
 
(e)  Any employee who has been paid for accumulated vacation or sick leave upon separation and who is rehired within thirty-one (31) days after separation, shall fully reimburse all payments for accumulated vacation or sick leave within thirty-one (31) days after being rehired with all rights.  Any person who fails to reimburse the state as herein required shall be terminated.
 
(f)  The human resources division shall establish and administer a program of position sharing subject to the following provisions:
 
(i)  The sharing of any position is subject to approval by the director or chief administrator of the agency;
 
(ii)  Each employee shall work a portion, equal to the employee's share of the full-time position, of the number of hours required for the full-time position being shared;
 
(iii)  Each employee shall receive a portion, equal to the employee's share of the full-time position, of the salary attributable to the full-time position being shared, according to the state classification and compensation plan;
 
(iv)  Position sharing employees are entitled to a portion, equal to the employee's share of the full-time position, of employee benefits accorded to full-time employees. Benefits which cannot be divided, such as participation in the state group health and life insurance programs, shall be accorded to position sharing employees on the same basis as full-time employees without division, but the state's contribution to the insurance or other benefit programs shall be a portion, equal to the employee's share of the full-time position, of the contribution for full-time employees.
 
(g)  The state shall, in accordance with rules promulgated by the human resources division and on behalf of any employee receiving temporary total disability benefits for an injury covered under the Wyoming Worker's Compensation Act and sustained while acting within the scope of employment with the state, for two (2) calendar months following the month in which the injury occurred, pay the employer's contributions to the state group health insurance plan, the state group life insurance plan and to the state retirement system. For the following four (4) calendar months the state shall pay both the employer's and the employee's contributions to the state group health insurance plan, the state group life insurance plan and the state retirement system. Payments under this subsection shall continue and the injured employee's employment shall be considered continuous until the end of the sixth calendar month following the month in which the injury occurred, until the injured employee returns to work or is terminated or until the injured employee is no longer eligible to receive temporary total disability benefits, whichever first occurs.
 
(h)  In promulgating rules regarding layoffs due to reductions in force, the division shall require:
 
(i)  That each agency shall designate divisions within the agency for the purpose of reduction in force;
 
(ii)  That no layoffs from a reduction in force shall occur within sixty (60) days of any designation under paragraph (i) of this subsection;
 
(iii)  That layoffs due to a reduction in force shall occur within affected divisions designated under paragraph (i) of this subsection and that no employee affected by a reduction in force shall displace any other employee outside his designated division;
 
(iv)  That designations under paragraph (i) of this subsection shall be made by the agency director and are not rules under W.S. 16-3-101 through 16-3-115.
 
(j)  Designations under paragraph (h)(i) of this section:
 
(i)  Shall not be effective until approved by the governor;
 
(ii)  Are not subject to contested case procedures or judicial review under W.S. 16-3-101 through 16-3-115.
 
(k)  Repealed By Laws 2009, Ch. 129, § 2.
 
(m)  A department director or commissioner appointed by the governor shall serve at the pleasure of the governor and may be removed by him as provided by W.S. 9-1-202.  If authorized by law or upon approval by the governor, a department director or commissioner may appoint a deputy department director, one (1) or more division administrators, or both, who shall serve at the pleasure of the director or commissioner and may be removed by him at any time without cause.  Any person appointed under this subsection shall be covered under the executive compensation plan.  This subsection is not applicable to the game and fish department.
 
(n)  In carrying out the duties of the division under this section, employment first shall be the policy of the state that competitive and integrated employment shall be considered its first option when serving persons with disabilities who are of working age to obtain employment. Employment first applies to programs and services that provide services and support to help obtain employment for persons with disabilities.  All state agencies shall follow this policy and ensure that it is effectively implemented in their hiring and in all programs and services administered or funded by the agencies.  Nothing in this section shall be construed to require any employer to give preference to hiring people with a disability.  All state agencies shall coordinate efforts and shall collaborate within and among the agencies to ensure that state programs, policies, procedures and funding support competitive and integrated employment of individuals with disabilities.  All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this subsection.  Nothing in this section shall be construed as eliminating any supported employment services as an option when appropriate.
 
9-2-1023.  Repealed By Laws 2008, Ch. 116, § 2.
 
9-2-1024.  Duties performed through division of economic analysis.
 
(a)  The department through the division of economic analysis, in cooperation with other governmental and private agencies, shall:
 
(i)  Assist state agencies in developing statistical and informational management programs by collecting, compiling, analyzing and distributing information and statistics when the information is readily available from other agencies, and eliminate the duplication of collection, compilation and distribution of information or data prepared by agencies;
 
(ii)  Act as overall supervisory and coordinating authority for statistical, informational or research programs conducted by or on behalf of agencies;
 
(iii)  Conduct statistical research and studies on its own authority or as requested by other governmental bodies;
 
(iv)  Establish uniform criteria for collecting, distributing, compiling, reporting and analyzing statistical and other information generated by agencies;
 
(v)  Establish and maintain a central depository of statistical and other data relative to the operation of state government for the economic and environmental life of this state;
 
(vi)  Consolidate into digest form information and reports which lend themselves to compilation;
 
(vii)  Establish uniform criteria for collecting, compiling, analyzing, reporting and distributing economic data for all Wyoming counties related to uses of and economic impacts to state and federal surface and mineral lands, including but not limited to development of agriculture, grazing, minerals, timber, water, industrial resources, recreation and energy production;
 
(viii)  Utilize a nationally recognized model for the compilation and the analysis of the data described in paragraph (vii) of this subsection;
 
(ix)  Collect, compile, analyze, maintain, update, report, distribute and consolidate into digest form the economic data described in paragraph (vii) of this subsection.  The analysis shall be independent pertaining to the data collected and shall not express any opinion of the economic impacts determined under paragraph (vii) of this subsection.  Any economic data collected, compiled, analyzed, maintained, updated, reported or consolidated by the division of economic analysis under this subsection, other than information that is not available for inspection under W.S. 16-4-201 through 16-4-205, shall be available for public review and comment. This data shall be updated at least once every three (3) years;
 
(x)  Supervise and coordinate statistical, informational or research programs conducted by the division on behalf of counties and establish and maintain a central depository of economic, statistical and other data relative to Wyoming counties;
 
(xi)  Prepare an annual catalog listing the type of statistical information available from state agencies and other sources.
 
9-2-1025.  Repealed by Laws 1989, ch. 178, § 3.
 
9-2-1026.  Purchasing for legislature and judiciary; approval; requirements.
 
Purchases of supplies and services for the legislature shall be approved by the management council or its designee. Purchases of supplies and services for the judiciary shall be approved by the judges for their respective courts. Purchases of supplies and services by the offices of state elected officials shall be approved by the respective elected official or his designee and made in accordance with the requirements and guidelines of W.S. 9-2-1016.  Purchases by the legislature or the judiciary shall be made in accordance with the requirements and guidelines for competitive or negotiated purchases or contracts set forth in W.S. 9-2-1016(b)(iv)(A) and (B).
 
9-2-1026.1.  Repealed By Laws 2012, Ch. 30, § 4.
 
9-2-1026.2.  Repealed By Laws 2012, Ch. 30, § 4.
 
9-2-1026.3.  Repealed By Laws 2005, ch. 142, § 2.
 
9-2-1026.4.  Repealed By Laws 2005, ch. 142, § 2.
 
9-2-1026.5.  Federal library funds.
 
(a)  The director may accept and receive all funds, monies or library materials made available by the federal government for the improvement and development of public library services in the state.
 
(b)  The state treasurer is custodian of all federal funds allocated to the state for statewide library services. The director shall disburse the funds subject to all provisions of law and submit receipt and acknowledgement to the state treasurer.
 
9-2-1026.6.  State librarian; appointment; qualifications; filing of state publications; deposit of designated documents; exchange of session laws.
 
(a)  A state librarian shall be appointed by the director of the department of administration and information and shall serve as the administrator of the state library division of the department. The state librarian shall have:
 
(i)  Completed the required courses in a recognized or accredited library school or shall have educational and library administrative experience required by the human resources division of the department;
 
(ii)  Charge and custody of all materials belonging to the state library.
 
(b)  With the approval of the director, the state librarian may employ within the state library division necessary deputies, assistants and employees and shall:
 
(i)  Develop a budget for the state library and control the expenditures of funds appropriated for and received by the library;
 
(ii)  Accept gifts or grants of any nature for the purpose of carrying on the work of the state library division;
 
(iii)  Report to the director regarding the receipts, disbursements, work and needs of the state library division;
 
(iv)  Expend or disburse gifts and grants as approved in writing by the director;
 
(v)  Adopt policies and projects to fulfill the purposes of this act regarding the state library division.
 
(c)  For purposes of maintaining a state publications depository system, up to seven (7) copies of each publication issued by a state officer, commission, commissioner or board of a state institution shall be deposited with the state library for distribution as follows:
 
(i)  Three (3) copies to the state library permanent file;
 
(ii)  Two (2) copies to the university library;
 
(iii)  One (1) copy to the library of congress;
 
(iv)  One (1) copy to the council of state governments; and
 
(v)  The total number of copies and distributions may be modified at the discretion of the state librarian.
 
(d)  All officers and persons who receive any books, maps, charts or other documents designed for the use of the state library or the department, shall deposit the same immediately on receipt thereof with either the state librarian or the director.
 
(e)  Repealed By Laws 2005, ch. 210, § 3.
 
(f)  The state librarian shall guide local library agencies participating in any state plan for the expenditure of any federal funds or materials.  The state librarian shall assure compliance with the policies and methods of administration under the state plan.
 
(g)  The state librarian is responsible for the extension and development of library services throughout the state and shall supervise and superintend the expenditures of monies provided for library services and federal funds allocated to the state for these purposes.
 
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.
 
(a)  With the approval of the director, the state librarian may:
 
(i)  Acquire books, materials, equipment and supplies which are necessary for the efficient operation of the state library;
 
(ii)  Sell outdated and unused books in the collection of the state library when the director deems the sale necessary due to limited shelf space;
 
(iii)  Regulate the hours during which the library is open for the use of educators, students and researchers. To accommodate these uses, he may stagger the working schedules of the library employees in accordance with rules and regulations of the human resources division of the department.
 
(b)  Prior to sale under subsection (a) of this section the department of state parks and cultural resources shall be given an opportunity to choose, without charge, books which have special historical value. After the department of state parks and cultural resources has had an opportunity to choose books it desires, any library in this state which is supported by public funds shall be given an opportunity to take, without charge, books it desires to add to its collection.
 
(c)  At the recommendation of the state librarian the department may dispose of unused materials, supplies or equipment belonging to the state library in any manner provided by law.
 
(d)  The department may promulgate necessary rules and regulations to effectuate the purposes of this section.
 
9-2-1026.8.  Interstate Library Compact; enactment; form.
 
The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:
 
INTERSTATE LIBRARY COMPACT
 
Article I
 
Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.
 
Article II
 
   (a)  As used in this compact:
 
      (i)  "Public library agency" means any unit or agency of local or state government operating or having power to operate a library;
 
      (ii)  "Private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library;
 
      (iii)  "Library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.
 
Article III
 
   (a)  Any one (1) or more public library agencies in a party state in cooperation with any public library agency or agencies in one (1) or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.
 
   (b)  Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one (1) or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one (1) or more of the individual library agencies.
 
   (c)  If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one (1) or more of the following in accordance with such library agreement:
 
      (i)  Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof;
 
      (ii)  Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same;
 
      (iii)  Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district;
 
      (iv)  Employ professional, technical, clerical and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the in-service training of such personnel;
 
      (v)  Sue and be sued in any court of competent jurisdiction;
 
      (vi)  Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service;
 
      (vii)  Construct, maintain and operate a library, including any appropriate branches thereof;
 
      (viii)  Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.
 
Article IV
 
   (a)  An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.
 
   (b)  Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.
 
Article V
 
Any two (2) or more state library agencies of two (2) or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in article VI of this compact for interstate library agreements.
 
Article VI
 
   (a)  In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:
 
      (i)  Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable;
 
      (ii)  Provide for the allocation of costs and other financial responsibilities;
 
      (iii)  Specify the respective rights, duties, obligations and liabilities of the parties;
 
      (iv)  Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.
 
   (b)  No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.
 
   (c)  No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with article VII of this compact.
 
Article VII
 
   (a)  Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety (90) days of its submission shall constitute approval thereof.
 
   (b)  In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.
 
Article VIII
 
Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.
 
Article IX
 
   (a)  Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.
 
   (b)  Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.
 
Article X
 
Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one (1) or more deputy compact administrators in addition to its compact administrator.
 
Article XI
 
   (a)  This compact shall enter into force and effect immediately upon its enactment into law by any two (2) states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.
 
   (b)  This compact shall continue in force with respect to a party state and remain binding upon such state until six (6) months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.
 
Article XII
 
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
 
9-2-1026.9.  Compliance with local laws prerequisite to entering into library agreement.
 
No city, town, county, school district or public district of any sort of this state shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to article III, paragraph (c)(vii) of the Interstate Library Compact, nor pledge its credit in support of such a library, or contribute to the capital financing thereof, except after compliance with any laws applicable to such cities, towns, counties, school districts or public districts of any sort relating to or governing capital outlays and the pledging of credit.
 
9-2-1026.10.  "State library agency".
 
As used in the Interstate Library Compact, "state library agency", with reference to this state, means the state library division of the department.
 
9-2-1026.11.  State and federal aid to interstate library districts.
 
An interstate library district lying partly within this state may claim and be entitled to receive state aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this state.  For the purpose of computing and apportioning state aid to an interstate library district, this state will consider that portion of the area which lies within this state as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly.  Subject to any applicable laws of this state, such a district also may apply for and be entitled to receive federal aid for which it may be eligible.
 
9-2-1026.12.  Appointment of compact administrator and deputy administrators; removal.
 
The governor shall appoint an officer of this state who shall be the compact administrator pursuant to article X of the compact.  The governor may also appoint one (1) or more deputy Interstate Library Compact administrators pursuant to article X.  The governor may remove any appointee under this section as provided in W.S. 9-1-202.
 
9-2-1026.13.  Notice of withdrawal from compact.
 
In the event of withdrawal from the interstate Library Compact the governor shall send and receive any notices required by article XI(b) of the compact.
 
9-2-1027.  Short title.
 
This act is known and may be cited as the "Professional Architectural, Engineering and Land Surveying Services Procurement Act".
 
9-2-1028.  Definitions.
 
(a)  As used in this act:
 
(i)  "Agency" means any state office, department, board, commission, institution or other operating entity of the state excluding the University of Wyoming, community college districts, school districts, the Wyoming business council and the Wyoming department of transportation;
 
(ii)  "Department" means the state department of administration and information;
 
(iii)  "Firm" means an individual, corporation, partnership, business trust, association, firm or any other legal entity permitted by law to practice in a specified profession;
 
(iv)  "Principal representative" means the governing board of a department, institution or agency or its designated representative, or, if there is no governing board, the executive head of a department, institution or agency;
 
(v)  "Professional services" means:
 
(A)  The practice of architecture pursuant to W.S. 33-4-101 through 33-4-117;
 
(B)  The practice of professional engineering or professional land surveying pursuant to W.S. 33-29-201 through 33-29-801.
 
(vi)  "This act" means W.S. 9-2-1027 through 9-2-1033.
 
9-2-1029.  Duties of department.
 
(a)  The department shall:
 
(i)  Develop and maintain approved lists of qualified architects, engineers and land surveyors for selection under this act; and
 
(ii)  Develop and administer notification procedures for obtaining professional services under this act.
 
9-2-1030.  Qualification procedures.
 
(a)  Any firm desiring to provide professional services to an agency, shall annually submit to the department and [or] the agency a detailed statement of qualifications and performance data, and any other information required by the department or the agency. The department or the agency may request the firm to update its statement before submission in order to reflect changed conditions in the status of the firm.
 
(b)  If professional services in an amount exceeding five thousand dollars ($5,000.00) are required, the department or the agency shall notify all qualified architects, engineers and land surveyors of record who have submitted an annual statement of qualifications and performance data. In addition, the agency or the department shall give statewide notice in a newspaper of statewide circulation at least once each week for four (4) consecutive weeks prior to initiation of selection procedures in accordance with W.S. 9-2-1031. Notification shall contain a general description of the proposed project, and shall indicate the procedures by which interested firms may apply for consideration for a contract to provide professional services for the proposed project.
 
9-2-1031.  Selection procedures.
 
(a)  For each proposed project, the principal representative of the agency for which the project is proposed shall evaluate current statements of qualifications and performance data of firms on file with the department or the agency, together with any applications submitted by other qualified firms, and shall select not less than three (3) firms considered qualified to perform the required professional services. Consideration in each selection process by the principal representative shall be based upon the ability of professional personnel, past performance, willingness to meet time requirements, location, residency, current and projected work loads, the volume of work previously awarded to the firm by the agency, and the equitable distribution of contracts among qualified firms. The agency shall provide a complete description of the work to the firms selected. These firms shall submit an unpriced proposal to do the work. For purposes of this subsection, residency does not require satisfaction of the elements contained in W.S. 16-6-101(a)(i).
 
(b)  In addition to the requirements of subsection (a) of this section, for any professional services fee estimated by the agency to exceed twenty-five thousand dollars ($25,000.00) or, for any project the total cost of which is estimated to exceed one hundred thousand dollars ($100,000.00), the principal representative shall interview not less than three (3) firms selected from those which have submitted proposals to do the work. The interview shall be recorded and include discussion of each firm's projections of project costs, qualifications, approaches to the project, ability to furnish required professional services, use of alternative methods for furnishing required professional services and an estimated fee based on the agency's description of the work. The estimated fee may be used as a basis, along with the qualifications listed in subsection (a) of this section, for selection by the principal representative of the most qualified firm for contract negotiations. If unsatisfied with the results of such interviews, the principal representative may select not less than three (3) additional firms for interviews as provided by subsection (a) of this section.
 
(c)  In addition to the requirements of subsection (a) of this section, for any professional services fee estimated by the agency to be twenty-five thousand dollars ($25,000.00) or less, or for any project the total cost of which is estimated to be one hundred thousand dollars ($100,000.00) or less, the principal representative shall select three (3) firms from which a project specific submittal shall be requested. The information provided by the firm shall include an estimated fee and preliminary scope of services based on the agency's description of the work. The estimated fee may be used as a basis along with the qualifications listed in subsection (a) of this section, for selection by the principal representative of the most qualified firm for contract negotiations.
 
(d)  Nothing in this section prohibits a principal representative from determining that fewer than three (3) firms with current statements on file or which have submitted applications before selection are qualified to perform the required professional services. If a principal representative makes that determination, subsections (b) and (c) of this section apply with respect to the firms the principal representative considers qualified.
 
(e)  The department, in conjunction with the agencies, shall adopt rules and regulations necessary to implement the selection process provided by this section.
 
9-2-1032.  Contract procedure.
 
(a)  After completing the selection process, the principal representative shall negotiate a written contract with the selected firm as determined by W.S. 9-2-1031 for the provision of services. The principal representative shall consider the estimated value, scope, complexity and professional nature of the services to be rendered when determining a reasonable compensation.
 
(b)  If the principal representative is unable to negotiate a satisfactory contract with the selected firm at a price he determines fair and reasonable, negotiations with that firm shall be terminated. The principal representative shall then begin negotiations with the firm ranked second in order of preference pursuant to W.S. 9-2-1031. If the principal representative fails to negotiate a contract with the second ranked firm, he shall terminate negotiations. The principal representative shall then begin negotiations with the firm ranked third in order of preference.
 
(c)  If the principal representative is unable to negotiate a satisfactory contract with any of the selected firms, he shall:
 
(i)  Select additional firms in order of their competence and qualifications and continue negotiations in accordance with this section and W.S. 9-2-1031, until a contract is reached; or
 
(ii)  Review the contract under negotiation to determine the possible cause for failure to achieve a negotiated contract.
 
(d)  Each contract for professional services entered into by the principal representative shall contain a prohibition against gratuities, kickbacks and contingent fees. The architect, registered land surveyor or professional engineer shall certify under oath that he has not in any way been involved in any gratuities, kickbacks, or contingent fees in connection with his selection or ultimate performance of this contract.
 
(e)  Each contract for professional services entered into by the principal representative shall contain a prohibition against payment based upon a percentage of the construction cost.
 
(f)  This act shall not prohibit continuing contracts between any person providing professional services and any agency.
 
9-2-1033.  Prohibited acts; civil penalty; initiation of action.
 
(a)  No person, including any agency official or employee, shall:
 
(i)  In any way be involved in any gratuities, kickbacks, or contingent fees in connection with the selection procedure set forth in this act;
 
(ii)  If providing professional services, pay any fee, commission, gift or other consideration contingent upon the award of a contract for professional services pursuant to this act.
 
(b)  Any person violating subsection (a) of this section or subsection (d) of W.S. 9-2-1032 is liable for a penalty not to exceed five thousand dollars ($5,000.00). The penalty may be recovered in a civil action and damages shall be assessed by the court.
 
(c)  Any action pursuant to this section shall be initiated in Laramie county by the attorney general.
 
9-2-1034.  Repealed by Laws 1999, Ch. 70, § 1.
 
9-2-1035.  Definitions.
 
(a)  As used in this act:
 
(i)  "Committee" means the joint appropriations committee;
 
(ii)  "Department" means the department of administration and information;
 
(iii)  "Internet" means the internet, World Wide Web or a similar proprietary or common carrier electronic system;
 
(iv)  "Participating state entity" or "state entity" means the state of Wyoming government including the executive, legislative and judicial branches of government and any department, division, agency, board, commission or other instrumentality of those branches.  For purposes of W.S. 9-2-1036(b)(viii), "state entity" shall also include the University of Wyoming;
 
(v)  "Public financial information" means official public records as defined in W.S. 16-4-201(a)(vi)(A) that are required to be made available on the Wyoming public finance website as required by this act, but shall not include any information:
 
(A)  Provided pursuant to W.S. 26-34-129, 26-34-130, 28-8-108, 35-2-605 through 35-2-617, 35-2-910 or 35-17-105;
 
(B)  Relating to benefits paid under the Worker's Compensation Act that would reveal the identity of the recipient;
 
(C)  Relating to services provided to juveniles under title 14 or title 21 of the Wyoming statutes that would reveal the identity of the juvenile or his family;
 
(D)  That would violate the Health Insurance Portability and Accountability Act or the Health Care Quality Improvement Act.
 
(vi)  "Local government entity" means any county, municipality, joint powers board or special district of Wyoming;
 
(vii)  "This act" means W.S. 9-2-1035 through 9-2-1037.
 
9-2-1036.  Wyoming public finance and expenditure of funds website.
 
(a)  There is created the Wyoming public finance and expenditure of funds website to be administered by the department.
 
(b)  The purpose of the Wyoming public finance and expenditure of funds website is to:
 
(i)  Permit Wyoming taxpayers to view and track the use of taxpayer dollars by making participating state entities' public financial information available on the internet;
 
(ii)  Allow a person who has internet access to use the website without paying a fee;
 
(iii)  Allow the public to search public financial information on the Wyoming public finance website using criteria established by the department;
 
(iv)  Provide access to financial reports, financial audits, budgets or other financial documents that are used to allocate, appropriate, spend and account for government funds as may be established by rule under W.S. 9-2-1037;
 
(v)  Have a unique and simplified website address;
 
(vi)  Be directly accessible via a link from the main page of the official state website;
 
(vii)  Include other links, features or functions that will assist the public in obtaining and reviewing public financial information; and
 
(viii)  Allow Wyoming citizens to lodge concerns relating to Wyoming state or local government entities expending funds in a manner which the citizen believes unfairly competes with the private sector in providing commercial activities.  At a minimum, in implementing this paragraph, the website shall include:
 
(A)  A link entitled "government competition concerns" which contains a means for a citizen to lodge a concern with governmental competition including:
 
(I)  The entity involved;
 
(II)  The activity involved;
 
(III)  Whether the concern is a result of a specific instance or ongoing activity;
 
(IV)  The effect of the competition on the citizen's commercial activity, if applicable;
 
(V)  A means to contact the citizen for further information, if necessary.
 
(B)  Access to all information submitted pursuant to this paragraph, including access to summary data.
 
(c)  The department shall:
 
(i)  Establish and maintain the website, including the provision of equipment, resources and personnel as necessary;
 
(ii)  Maintain an archive of all information posted to the website;
 
(iii)  Coordinate and process the receipt and posting of public financial information from participating state entities.
 
(d)  The department may:
 
(i)  Develop plans and make recommendations to the committee related to the implementation of the provisions of this act;
 
(ii)  Determine what public financial information shall be provided by participating state entities, provided that the public financial information:
 
(A)  Only includes records that:
 
(I)  Are classified as official public records under W.S. 16-4-201 through 16-4-205;
 
(II)  Are an accounting of monies, funds, accounts, bonds, loans, expenditures or revenues, regardless of source; and
 
(III)  Are owned, held or administered by the participating state entity that is required to provide the record.
 
(B)  Is of the type or nature that should be accessible to the public via a website based on considerations of:
 
(I)  The cost effectiveness of providing the information;
 
(II)  The value of providing the information to the public; and
 
(III)  Privacy and security implications.
 
(iii)  Evaluate the cost effectiveness of implementing specific information resources and features on the website and report that information to the committee.
 
(e)  A participating state entity shall permit the public to view the public financial information of the participating state entity via the website, beginning with information that is generated on or after July 1, 2009.
 
(f)  Not later than January 1, 2010, the website shall be operational and permit access to the public financial information of participating state entities.  Not later than June 30, 2012 the website shall incorporate features implementing the provisions of paragraph (b)(viii) of this section.
 
(g)  The state chief information officer shall provide an annual report to the committee on all initiatives, projects and expenditures under this act.  Beginning July 1, 2013, the annual report shall include:
 
(i)  The number of concerns with unfair competition received;
 
(ii)  For each government entity subject to a lodged concern, the number of concerns lodged and number of citizens lodging concerns;
 
(iii)  For each state entity which is the subject of a concern, a summary of the complaint and any action the entity reports to the department that was taken in response to the complaint.
 
9-2-1037.  Rulemaking authority.
 
(a)  The department shall adopt rules to:
 
(i)  Require participating state entities to provide public financial information for inclusion on the Wyoming public finance website provided legislative appropriations are available to permit entities to generate the information;
 
(ii)  Define the term "public financial information" as it applies to participating state entities in accordance with the provisions of this act; and
 
(iii)  Establish procedures for obtaining, submitting, reporting, storing and providing public financial information on the Wyoming public finance website which may include a specified reporting frequency and form.
 
(b)  The department may adopt rules to require a participating entity to list the following information regarding expenditures made by a person under a contract with the participating entity:
 
(i)  The name of the participating entity making the expenditure;
 
(ii)  The name of the person receiving the expenditure;
 
(iii)  The date of the expenditure;
 
(iv)  The amount of the expenditure;
 
(v)  The purpose of the expenditure;
 
(vi)  The name of each party to the contract;
 
(vii)  An electronic copy of the contract; and
 
(viii)  Any other criteria designated by rule of the department.