Chapter 1 - State Officers
CHAPTER 1 - STATE OFFICERS
ARTICLE 1 - GENERALLY
9-1-101. Location of seat of government; residence of stateofficials; deputies authorized.
(a) The seat of government for the state of Wyoming is locatedand established at Cheyenne, Wyoming.
(b) The governor, secretary of state, state treasurer, stateauditor and state superintendent of public instruction shall reside andmaintain their offices at the seat of government.
(c) The secretary of state, the state auditor, state treasurerand state superintendent of public instruction may each appoint a deputy toperform the duties of their respective offices and are responsible to the statefor the acts of their deputies.
9-1-102. Officers of state agencies and specified state employees tofile oath and obtain bond; bond requirements.
(a) Before assuming the duties of office, the chief officer orofficers of each state agency, office, institution, board and commission, andany other employee of the state specified by the governor, shall take andsubscribe the constitutional oath of office and obtain faithful performance andfidelity bond coverage. The oath shall be filed with the secretary of state.
(b) The department of administration and information shallpurchase coverage for employees or officials as required by this section in theamount necessary to:
(i) Insure the honest and faithful performance and discharge ofduties;
(ii) Insure accounting to the state for all monies, property,materials and records under the care, custody or control of the employees orofficials by virtue of their public capacity; and
(iii) Assure that upon the termination of their service with thestate all monies, property, materials and records shall be turned over to theirsuccessors.
(c) Prior to purchasing any bond required under this sectionthe department of administration and information shall obtain the approval ofthe attorney general.
(d) All bonds purchased under this section shall be acquiredfrom a person, firm or corporation qualified by and holding a valid certificateof authority from the state insurance commissioner.
(e) Bonds and records required under this section are official publicrecords under the Public Records Act.
9-1-103. State elected officials representation on boards andcommissions; designees; limitations.
A state elected official may authorize adesignee to act as the official's personal representative to any board orcommission of which the official is a member. The designee shall have theright to speak on behalf of the official and to vote and take other lawfulaction on behalf of the official as a member of the board or commission. Theprovisions of this section shall not apply to any board or commission to whichthe state elected official is appointed by the Wyoming constitution or which iscomprised solely of state elected officials.
ARTICLE 2 - GOVERNOR
9-1-201. Chief executive officer; powers and duties generally.
Inaccordance with the Wyoming constitution, the governor is the chief executiveofficer of the state of Wyoming. The governor shall formulate and administerthe policies of, and shall exercise general supervision, direction and controlover the executive branch of state government.
9-1-202. Removal of appointive officers and commissioners; reason forremoval to be filed.
(a) Notwithstanding any other provision of law and except asotherwise provided in this section, any person may be removed by the governor,at the governor's pleasure, if appointed by the governor to serve as head of astate agency, department or division, or as a member of a state board orcommission. The governor may only remove a member of the Wyoming businesscouncil as provided in W.S. 9-12-103.
(b) Any person who holds a state office or commission byappointment of the members of a state board, commission or administrator may beremoved by:
(i) The board, commission or administrator which appointed himwhere provided by law; or
(ii) The governor, for malfeasance or misconduct in office.
(c) Reason for removal of appointed officers or commissionersshall be mailed or delivered to the person to be removed.
9-1-203. Suspension of officer pending impeachment; filling vacancy.
Whenthe house of representatives impeaches a state or judicial officer other thanthe governor, the governor may suspend the officer from his official functionspending the trial and other proceedings in the impeachment and may designateand appoint a qualified person to fill the office and discharge the dutiesthereof during the suspension.
9-1-204. Human services agencies.
(a) As used in this section:
(i) "Human services agency" means any division,institution and program within the department of health, the department ofworkforce services or the state department of family services and allinstitutions, boards and programs administering, planning and providing forstate human services under the supervision of the director of the department ofhealth, the director of the department of workforce services or the director ofthe department of family services;
(ii) "Human services program" means a programadministered by a human services agency;
(iii) "Policy plan" means a plan formulated by thegovernor and reviewed by the legislature setting forth the policies of thestate toward providing and coordinating services through all human serviceagencies;
(iv) "Program plan" means a plan for direction of eachmajor human services program.
(b) In order to coordinate policy planning for all state humanservices agencies, the governor shall require:
(i) Each of the human services agencies to prepare an annualprogram plan for its program offered or to be offered within the agency;
(ii) All program plans to be submitted by the agencies to theoffice of the state planning coordinator.
(c) The office of the state planning coordinator shall:
(i) Review all program plans;
(ii) Compile all program plans of the human services programsand present the compilation of plans to the governor;
(iii) Monitor the implementation of a policy plan which shall beused by the human services agencies in development of programs and budgetpreparation;
(iv) Review, on behalf of the governor, all grant applicationsand plans prepared by the agencies to ensure that all programs within the humanservices agencies comply with the state policy plan;
(v) Coordinate with any other official efforts regarding statehealth planning in formulating a policy plan.
(d) The governor shall:
(i) Review, revise or adopt all program plans of programswithin the state human services agencies;
(ii) Develop a policy plan reflecting the program plans of humanservice agencies;
(iii) Present the policy to the legislature for review.
9-1-205. Authority of governor or legislature to require informationfrom officers, commissions or boards; right of access to state offices forpurpose of inspection.
(a) The governor or either house of the legislature may requireany state officer, commission or board of a state institution to communicate inwriting any information concerning any subject pertaining to the office,commission or board.
(b) The governor shall have free access to the office of anystate officer for the inspection and examination of all books, papers, recordsand proceedings.
9-1-206. Administrative assistant; appointment; qualifications; term;compensation generally; duties; responsibility for acts.
Thegovernor may employ an administrative assistant, who shall be a qualifiedelector of the state. He shall receive the compensation appropriated by thelegislature and shall perform the duties required by the governor. The governoris responsible for the official acts of the administrative assistant and mayremove an administrative assistant as provided in W.S. 9-1-202.
9-1-207. State planning coordinator; appointment; qualifications;term; removal; powers; duties.
(a) The governor may employ a state planning coordinator, who shallbe a qualified elector of the state and who may be removed by the governor asprovided in W.S. 9-1-202.
(b) In fulfilling the provisions of W.S. 9-1-215, thecoordinator may sit as the governor's personal representative on allnonconstitutionally created boards and commissions which are not exclusivelylicensing in nature. The coordinator shall have the right to speak on behalf ofthe governor but not to vote. The coordinator shall not sit as the governor'spersonal representative for purposes of fulfilling the provisions of W.S.9-1-215 on any boards or commissions on which one (1) or more of the other four(4) elective state officers sit.
(c) The governor personally or through his coordinator may:
(i) Cooperate with other states and the federal government andits agencies, and with all private concerns, to coordinate planning in thestate of Wyoming;
(ii) Coordinate the planning activities of all statedepartments, boards, commissions and agencies in regard to economic, fiscal,educational, social, cultural, recreational and artistic development of thestate, for the purpose of creation and implementation of a comprehensive stateplan. All plans prepared by state departments, boards, commissions and agenciesshall be submitted at least semiannually for review and comment by thecoordinator;
(iii) Report to the legislature the comprehensive plan foreconomic and social development within the state of Wyoming.
(d) The governor through the state planning coordinator shall:
(i) Develop and advocate official state positions on federalland use issues regarding multiple use of federal lands in Wyoming based oneach of the beneficial uses contributed to the state and to its people;
(ii) Actively monitor and request federal agencies to includethe state government in the early planning stages of various federal land usemanagement decisions;
(iii) Notify various individuals, interest and user groups andsolicit from them their views regarding pending federal land management issues;
(iv) Utilize state agency expertise on specific issues, solicitand coordinate appropriate agency comments on pending federal land issues;
(v) Review comments from individuals, interest and user groupsand state agencies, as well as other sources of information and prepare, submitand advocate the state of Wyoming's official position to federal land usemanagement issues;
(vi) Prepare a biennial report to include:
(A) Current state positions regarding federal land usemanagement in Wyoming;
(B) Activities of the state planning coordinator regardingfederal land use management issues; and
(C) Impacts of the federal land use management issues anddecisions on the state of Wyoming.
9-1-208. Prior approval of governor required.
(a) No state department, board, commission or agency whosedirector, board or commission members are appointed by the governor shall,without prior approval of the governor:
(i) Apply for federal funds or private endowment funds;
(ii) Contract with the federal government or any privateassociation;
(iii) Effectuate and put into force any plan.
9-1-209. Coordinator of state-federal relations; appointment;removal; employment of personnel; duties; information to be supplied byagencies.
(a) The governor may appoint a special assistant to be known as"the coordinator of state-federal relations", hereinafter called"coordinator". The coordinator may be removed by the governor asprovided in W.S. 9-1-202. The coordinator may employ personnel as the governormay approve.
(b) The coordinator shall:
(i) Review all federal legislative and administrative actswhich pertain to state-federal relations;
(ii) Aid, assist and advise the governor on all federal aid andprivate endowment programs;
(iii) Coordinate assistance programs between the federalgovernment and state and local government, and coordinate private and nonprofitorganizations', agencies' or foundations' assistance to state and localgovernment;
(iv) Collect data and information on federal aid and privateendowment programs and maintain a central depository for the data andinformation relating to all programs, including the cost of the state or localparticipation. This information shall be available to all state agencies andunits of local government;
(v) Carry out all duties which the governor assigns, pertainingto federal funds.
(c) All state departments, boards and commissions shall provideto the coordinator information and data requested by the coordinator, includingcost of programs, of all federal aid or private endowment programs in whichthey participate. This information and data shall be supplied the coordinatorwithin forty-five (45) days from the date of request unless more time isgranted by the coordinator.
9-1-210. State authorized to accept gifts.
Thestate, through the governor may accept gifts, grants, funds or assistance fromany federal, state or local governmental agencies or from any private source.
9-1-211. Vacancy in office of governor; successor designated; order ofsuccession; proclamation on succession.
(a) If the governor is removed, dies, resigns or is unable toact, the state officer appearing highest on the following list who satisfiesall constitutional qualifications for governor and is not under impeachment bythe house of representatives shall act as governor until the disability of thegovernor is removed or a new governor is elected and qualified:
(i) Secretary of state;
(ii) President of the senate;
(iii) Speaker of the house of representatives;
(iv) State auditor;
(v) State treasurer;
(vi) State superintendent of public instruction;
(vii) Vice-president of the senate;
(viii) Speaker pro tem of the house of representatives.
(b) If the powers and duties of the office of governor devolveupon any person named in subsection (a) of this section, that person shallissue a proclamation that the incumbent governor has ceased to act as governor,giving the reason, and stating that the person issuing the proclamation hasassumed the duties and powers of the governor.
9-1-212. Vacancy in office of governor; term of successor; whenelection held to fill unexpired term; requirements of elections; term of personelected.
Wheneverthe powers and duties of the office of the governor of the state of Wyomingdevolve upon any other person as provided in W.S. 9-1-211(a), the person actingas governor shall continue to act as governor until the end of the term of thegovernor if the office is assumed less than sixty (60) days before the next generalelection. If the office is assumed more than sixty (60) days before a generalelection the person acting as governor shall issue an additional proclamationcalling for the election of a governor to fill the unexpired term, whichelection shall take place at the same time as the general election, and theelection, together with the returns and canvass thereof, shall be conducted inall respects as though it was an original election for governor. When the statecanvassing board canvasses the vote of the election and declares a person atthe election to be elected as governor, the person shall, within thirty (30)days after the canvass, or as soon thereafter as possible, qualify and assumethe duties and powers of governor, and shall be the governor of the state ofWyoming for the remainder of the unexpired term of the governor.
9-1-213. Governor's residence.
Thestate shall furnish a site and buildings which shall be used exclusively forthe residence of the governor of the state during his incumbency in office.
9-1-214. Impeachment of governor; suspension from office; performanceof duties.
Whenthe house of representatives impeaches the governor, he is automaticallysuspended from performing the function of his office pending the trial andother proceedings in the impeachment. During the suspension the duties of thegovernor shall be performed as provided in W.S. 9-1-212.
9-1-215. Right of governor to attend meetings; effect on quorum;designation of special meetings.
Thegovernor may attend, participate in and vote at all meetings, both general andspecial, of all nonconstitutionally created boards and commissions of the stateof Wyoming which are not exclusively licensing in nature. The governor'spresence or absence shall not affect the quorum. The governor may call anddesignate the time and place of special meetings.
9-1-216. Designation of agency or department to administer federallysupported cooperative program.
Thegovernor shall designate and authorize a state agency or department toadminister any federally supported cooperative program in this state.
9-1-217. Appointments to federally-required committees; removal;functions, powers and duties of committees.
Thegovernor may appoint electors of the state to any advisory, planning or actioncommittee which is required by the state's participation in federally supportedprograms. The functions, powers and duties of the committees shall not beinconsistent with the constitution or laws of this state. The governor mayremove any appointee under this section as provided in W.S. 9-1-202.
9-1-218. Appointment to boards, commissions, or other bodies;appointment districts; requirement; conditions for appointments based onpolitical party affiliation.
(a) When required by law, members of boards, commissions,councils and other governmental bodies shall be appointed from the appointmentdistricts set out in subsection (b) of this section.
(b) The appointment districts are as follows:
(i) Laramie, Goshen and Platte county comprise district 1;
(ii) Albany, Carbon and Sweetwater counties comprise district 2;
(iii) Lincoln, Sublette and Teton and Uinta counties comprisedistrict 3;
(iv) Campbell, Johnson and Sheridan counties comprise district4;
(v) Big Horn, Hot Springs, Park and Washakie counties comprisedistrict 5;
(vi) Crook, Niobrara and Weston counties comprise district 6;
(vii) Natrona, Fremont and Converse county comprise district 7.
(c) Whenever a vacancy occurs, an appointment shall first bemade from an appointment district which was not represented on the governmentalbody before the vacancy. If all districts were represented, the appointmentshall be made so as to best equalize representation among the districts.
(d) Unless otherwise provided by law, appointments shall rotateconsecutively among all the counties of the appointment districts.
(e) Any appointment made on or after July 1, 1996 by thegovernor to a state board, commission, council or committee created by law, forwhich senate confirmation is required by law or constitution and for whichpolitical party affiliation is specified by law, shall be conditioned uponmembership in the same political party for not less than six (6) months priorto the date of appointment for temporary appointments made under W.S.28-12-101(b) and not less than six (6) months prior to the date of nominationfor appointment under W.S. 28-12-101(a). Prior to senate confirmation, theperson appointed shall file in the office of the governor an affidavitacknowledged and sworn to under oath stating his party affiliation for the six(6) month period preceding the date of appointment. Filing a false statementmay be cause for removal.
9-1-219. Bond limit allocation authority.
(a) The governor shall establish rules and regulations toprovide for the allocation of the private activity bond limit or the unifiedvolume limitation, whichever is established by the United States InternalRevenue Code, among the governmental units in the state having authority toissue private activity bonds or nonessential governmental function bonds. Theobjective of the rules shall be to establish an accessible, equitable andefficient allocation process which advances the state and local benefits oftax-exempt financing. To the extent permitted by federal law, the rules maydepart from federal allocation requirements, including requirements for housingbonds, redevelopment bonds and bonds issued by state and local bond issuingauthorities.
(b) Rulemaking under this section shall be subject to theWyoming Administrative Procedure Act.
(c) Repealed by Laws 1986, ch. 59, 2.
9-1-220. Repealed by Laws 1998, ch. 6, 5.
9-1-221. Tribal liaison; qualifications; removal; duties.
The governor may employ a tribal liaison,who shall be a qualified elector of the state and who may be removed by thegovernor as provided in W.S. 9-1-202. The liaison shall aid, assist and advisethe governor on state-tribal relations including the coordination of programsand other activities between the state and tribal governments. The triballiaison may maintain offices within the state as directed by the governor.
9-1-222. State chief information officer; duties.
(a) The governor is authorized to employ a state chiefinformation officer. The chief information officer shall carry out thefollowing duties:
(i) Develop a biennial information technology plan for theexecutive branch;
(ii) Implement and maintain an information technology governanceprogram for the executive branch;
(iii) Establish review criteria for executive branch informationtechnology projects and major purchases;
(iv) Develop and implement recommendations for the propermanagement of executive branch information technology resources;
(v) Review and make recommendations to the governor concerninginformation technology budget requests made by executive branch agencies;
(vi) Adopt technical information technology policies andstandards and ensure agency compliance with the policies and standards;
(vii) Recommend information technology procurement improvements;
(viii) Develop and promote information technology trainingprograms for all branches of government;
(ix) Encourage information technology coordination, informationsharing and collaboration among all branches and levels of government inWyoming;
(x) Enhance geographic information systems coordination amongall governmental users of geographic information systems;
(xi) Carry out the duties prescribed by W.S. 9-2-2501 and9-2-1026.2(k).
(b) The provisions of subsection (a) of this section shall beapplied as follows:
(i) The University of Wyoming and Wyoming community collegesshall not be subject to the provisions of paragraphs (a)(i) through (vii) ofthis section;
(ii) The game and fish department and the department oftransportation shall not be subject to paragraphs (a)(iii) and (iv) of thissection;
(iii) State entities exempted from the provisions of subsection(a) of this section, and the judicial and legislative departments of stategovernment may adhere to the standards, policies and plans developed pursuantto subsection (a) of this section to the extent feasible, as determined by theentity or the department of government, as applicable.
9-1-223. Serve Wyoming; composition; powers and duties; definitions.
(a) Serve Wyoming is transferred from the office of thegovernor to the department of workforce services and shall operate as a privatenot-for-profit corporation, as specified in this section.
(b) The membership of Serve Wyoming shall be as provided in 42U.S.C. 12638.
(c) In addition to voting members appointed under subsection(b) of this section, there shall be at least one (1) ex officio nonvotingmember of the corporation serving on Serve Wyoming. Other nonvoting membersmay be appointed as provided in 42 U.S.C. 12638.
(d) Appointed members of Serve Wyoming shall serve terms ofthree (3) years and may be reappointed to serve additional terms. Votingmembers of Serve Wyoming shall elect a chairman and a vice chairman from amongthe voting members.
(e) The purpose of Serve Wyoming shall be to:
(i) Receive federal, state and private funds or donations;
(ii) Administer funds received under this subsection to fostercommunity services, volunteerism, mentoring and literacy;
(iii) Develop and implement a comprehensive, statewide plan forpromoting volunteer involvement and citizen participation in Wyoming;
(iv) Communicate and cooperate with national and stateorganizations that support the mission of Serve Wyoming;
(v) Fulfill federal program administration requirements,including working with the corporation on national and community service toassist in the provision of health care and childcare for service programparticipants;
(vi) Submit annual state applications for federal funding forselected Americorps programs;
(vii) Monitor the performance and progress of programs receivingfunds from Serve Wyoming;
(viii) Provide technical assistance to local not-for-profitorganizations and other entities in planning programs, applying for funds andin implementing and operating high quality programs;
(ix) Develop mechanisms for recruitment and placement of peopleinterested in participating in service programs;
(x) Delegate nonpolicy making duties to a public or private not-for-profitorganization, subject to requirements that the corporation on national andcommunity service may prescribe.
(f) As used in this section:
(i) "Corporation" means the corporation on nationaland community service created by the National and Community Service Act of1990;
(ii) "Serve Wyoming" means the not-for-profitcorporation within the department of workforce services to implement thepurposes of the National and Community Service Act of 1990.
ARTICLE 3 - SECRETARY OF STATE
9-1-301. Custodian of state seal.
Thesecretary of state is the custodian of the great seal of the state.
9-1-302. Powers and duties; custodian of public records; preservationof proclamations of governor; removal of public documents prohibited;exceptions.
(a) The secretary of state is the custodian of, and shallpreserve:
(i) All the public records, documents, acts and resolutions ofthe legislatures of the territory and state of Wyoming;
(ii) All proclamations of the governor proclaiming the effectivenessof constitutional amendments, corporate revocations and any other proclamationdesignated as a permanent record by the governor. The secretary of state shallpreserve all other proclamations of the governor for one (1) year and thendeliver them to the department of state parks and cultural resources fordestruction or preservation as it deems desirable;
(iii) Property of the state when no other provision is made bylaw;
(iv) Copies of all clemency documents signed by the governor,including pardons, commutations of sentence, reprieves, remissions of fine orforfeiture, and restorations of civil rights.
(b) Except as otherwise provided in this section, the secretaryof state shall not permit any original paper or public document, filed in theoffice, to be taken out of it unless called for by a resolution of either houseof the legislature or for the examination of the governor. The secretary ofstate may store any original paper or public document, filed in the office, inany other state building within the capital city if the storage will protectthe papers or documents from destruction and unauthorized access to the same orgreater extent than storage in the office of the secretary of state.
9-1-303. Powers and duties; affixing seal to and countersigningcommissions and documents; certified copies of acts; file of commissions andappointments.
(a) The secretary of state shall affix the great seal of thestate to, and countersign:
(i) Commissions;
(ii) Official acts which the governor is required by law toperform except his approval or disapproval of legislative acts; and
(iii) Other instruments when required or authorized by thegovernor.
(b) The secretary of state shall deliver to every person uponrequest, copies of any act, resolution, order of the legislature, commission orother official act of the governor, roll, record, document, paper, bond orrecognizance, deposited in the office by law, and certify the copies under hishand, and affix thereto the seal of the office upon tender of fees prescribedby law.
(c) The secretary of state shall keep a file of all commissionsissued and appointments made by the governor. The file shall specify:
(i) The name of the person;
(ii) The office conferred or commission issued;
(iii) The district or county for which the appointment is made;and
(iv) The term of office.
9-1-304. Removal from state or impeachment; acting secretary ofstate; appointment; duties.
Incase of removal from the state, or impeachment of the secretary of state, thegovernor shall appoint an acting secretary of state, who shall take the oathherein prescribed and perform the duties of the office during absenceoccasioned by the removal or pendency of impeachment.
9-1-305. Fees; amounts; collection; exceptions.
(a) The secretary of state shall collect the following fees inadvance for:
(i) Certificate and seal, three dollars ($3.00);
(ii) Filing any document, a minimum of three dollars ($3.00);
(iii) Issuing commission to notary public, thirty dollars($30.00);
(iv) Recording each instrument of writing, three dollars ($3.00)for the first page;
(v) Each subsequent page, one dollar ($1.00);
(vi) Copies of laws or documents recorded or filed in the officeof the secretary of state, fifty cents ($.50) per page for the first ten (10)pages and fifteen cents ($.15) for each additional page. When the secretary ofstate furnishes a copy of any law already printed, he shall receive threedollars ($3.00) for each copy and three dollars ($3.00) for certifying andsealing the copies;
(vii) Issuing any other paper not herein enumerated, threedollars ($3.00).
(b) The secretary of state shall receive no fee for thefollowing services:
(i) Issuing commissions to state, district and county officers;
(ii) Filing pardons, requisitions and appointments of agents;
(iii) Filing oaths of office.
9-1-306. Repealed By Laws 1999, ch. 49, 3.
9-1-307. Secretary of state; employment of legal counsel.
The secretary of state may employ legal counsel to reviewcontracts entered into by the secretary of state in his official capacity andto perform other duties assigned by the secretary of state. Nothing in thissection prohibits the secretary of state from using the services of theattorney general's office.
ARTICLE 4 - AUDITOR AND TREASURER
9-1-401. Seals of office; access to records; power to administeroaths; accounting records.
(a) The treasurer and auditor shall each:
(i) Keep a seal of office, which shall be used to authenticate allwritings, papers and documents certified by either officer;
(ii) Have free access to each other's offices and to all otheroffices of the state to inspect books, accounts and papers pertaining to theirduties;
(iii) Have power to administer oaths and affirmations required bylaw in matters touching their duties;
(iv) Balance their accounting records to verify that cash andinvestments, adjusted for outstanding warrants, reflect the amount due to eachfund and account in the Wyoming uniform accounting system.
9-1-402. State auditor; duties generally.
(a) The state auditor is the comptroller, chief accountant andthe official custodian of the state's accounting records, accounts, vouchers,documents and all papers relating to the accounts and contracts of the stateand its revenue, debt and fiscal affairs not required by law to be kept byanother office. State agencies or officers certifying payments may retain thedocuments required under this section, subject to any rules and regulations promulgatedby the state auditor with respect to acceptable documentation, certificationand retention.
(b) The state auditor shall serve as the chief fiscal controlofficer of the state of Wyoming, shall maintain the state's central fiscalaccounts, and shall order all payments into and out of the funds held by thestate treasurer.
(c) The state auditor shall be the state payroll officer, shallmaintain the official payroll for all state agencies, excluding the Universityof Wyoming, and shall supervise the issuance of all payroll warrants. The stateauditor may enter into agreement with any state agency to maintain the officialpayroll and supervise issuance of all payroll warrants for the state agency.
9-1-403. State auditor; duties; prohibited acts; powers;investigative subpoenas.
(a) The state auditor shall:
(i) Audit and settle all claims against the state payable outof the treasury excluding claims required by law to be audited and settled byother officers and persons. Before settling claims under this paragraph, thestate auditor shall:
(A) Require state agencies to have procedures in place toensure that:
(I) The claims have been properly approved by a competentauthority; and
(II) The state agency has charged the claim to the appropriatestate account.
(B) Verify that the state agency responsible for the claim hasreceived the funding necessary from the legislature.
(ii) Draw all warrants upon the treasurer for money unlessotherwise provided by law;
(iii) Except as provided by law, cause prosecution of personsfailing to remit public money or property to the state and debtors of thestate;
(iv) Be authorized to cooperate with the federal government,other states and interested persons regarding federal royalty management, includingsite inspection and audit activities, to ensure the state is receiving theproper amount of federal and state mineral royalty entitlements, except thatcommencing July 1, 1989, the department of audit shall exercise this authority;
(v) Make a preliminary annual financial report of the fiscalaffairs of the state to the governor, president of the senate, speaker of thehouse, and cochairmen of the joint appropriations committee, on or beforeSeptember 30 of each year. The state auditor shall provide a final annualreport on or before December 15. The report shall include financial statementswhich shall be prepared, insofar as practical, in conformance with generallyaccepted accounting principles;
(vi) When any person is entitled to a warrant or other paymentfrom the treasury, against whom there is a due and payable account or claim infavor of the state, upon notification thereof, ascertain the amount due andpayable to the state, and draw a warrant on the balance. The state auditor maydeduct the entire amount due and payable to the state or may deduct a portionof the amount due and payable to the state;
(vii) Whenever he refuses to draw a warrant pursuant to anyvoucher, return the voucher together with a written statement of the reasonsfor his disapproval to the agency which transmitted the voucher, and retain arecord of the disapproved voucher;
(viii) On or before the fifteenth day of each month, makeavailable in electronic or hard copy detailed statements of expenditures andrevenues for each state entity that receives an appropriation in accordancewith budget classification. These statements shall be available to each entityand to the budget division.
(b) The state auditor shall not draw warrants:
(i) In excess of amounts appropriated except as otherwiseprovided by law;
(ii) For the keeping or transporting of prisoners except onaccounts certified under oath naming the prisoners, stating the time eachprisoner has been kept, stating the distance the prisoner was transported;
(iii) For items furnished or services rendered except on itemizedaccounts or vouchers certified under penalty of perjury by the vendor or by anauthorized person employed by the agency receiving the items or for whom theservices were rendered showing the date each item was furnished or servicerendered by the vendor. The certification and documentation required under thisparagraph may be provided to the state auditor by the state official employedby the agency receiving the items or services by electronic or other acceptablemedia in accordance with rules and regulations promulgated by the stateauditor;
(iv) Unless the individual state agency provides documentationand certification that the bill, invoice, account, payroll or other evidence ofthe claim, demand or charge is satisfactory to the state auditor with respectto the regularity, legality and correctness of the expenditure or disbursement,and that the claim, demand or charge has not been previously paid. If he issatisfied, he shall approve the claim, demand or charge, subject to audit atthe discretion of the state auditor after processing the warrant usingacceptable auditing techniques. The state auditor may, by general rule orspecial order, require certification or evidence as the circumstances maydemand;
(v) For payment on a contract for professional consultant orother services unless the agency has certified that the contract for theservices has been reduced to writing before the services are performed, andthat the contract is in compliance with procedures of the attorney general, isapproved by the attorney general, and, except for contracts of twenty thousanddollars ($20,000.00) or less which are entered into by the office of an electedstate official, is filed with and approved by the department of administrationand information. For payment on a contract for professional or other servicesentered into by the department of transportation, filing of the contract withand approval by the department of administration and information and approvalby the attorney general is not required, however the attorney general shallfirst review the contract if the contract is over twenty thousand dollars($20,000.00);
(vi) For payment of salaries or wages for state officials oremployees before the completion of the period for which the compensation isbeing paid, except that employees leaving the service of the state may be paidat the termination of their period of employment. Effective April 1, 1992, allsalary and wage payments to persons employed by the state of Wyoming, otherthan the University of Wyoming, shall be made by direct deposit, unless theindividual employee elects not to participate in this program.
(c) The state auditor may:
(i) Audit, settle and adjust the accounts of state officers andemployees who are required by law to collect state revenue and pay it into thetreasury;
(ii) Keep an account of any separate fund in the stateauthorized by law and of all debts and credits between the state and the UnitedStates, other states or persons;
(iii) Delegate to individual state agencies the responsibilityfor preauditing vouchers. The state agencies to which the responsibility isdelegated shall perform the preaudit function. The state auditor may specify reasonableconditions and limitations upon any delegation under this subsection and mayrescind a delegation at any time upon reasonable notice in writing to theagency;
(iv) Prescribe and require the use by state agencies, of formsfor all documents required by law in the performance of his duties or which hemay reasonably require therefor. The state auditor may, when he deems itadvisable for the promotion of efficiency in state government, accept vouchers,invoices, document images or signatures on electronic or other appropriatemedia, as prescribed by rules and regulations of the state auditor;
(v) Issue wire transfers, electronic transfer of funds or otheracceptable payment methods, in lieu of warrants, for the payment of goods orservices, provided requests for the wire transfers are itemized accounts orvouchers certified under penalty of perjury by the vendor and approved in thesame manner and procedure as followed in the preparation of warrant requests asset forth in paragraph (b)(iii) of this section;
(vi) Repealed By Laws 1999, ch. 189, 2.
(vii) Notwithstanding paragraph (b)(iii) of this section, thestate auditor may draw a warrant for prepayment for goods or services when itis beneficial for the state to pay in advance of receipt of the goods orservices;
(viii) Employ legal counsel to review contracts entered into bythe state auditor in his official capacity and perform other duties as assignedby the state auditor. Nothing in this paragraph prohibits the state auditorfrom using the services of the attorney general's office.
(d) For purposes of any financial investigation or review ofany agency program or activity funded in whole or in part with state funds, theattorney general, at the request of the state auditor, may:
(i) Subpoena witnesses to appear before the state auditor fororal examination;
(ii) Require the production or disclosure of any matter relevantto the investigation or review including:
(A) The existence, description, nature, custody, condition andlocation of any books, documents, records or other tangible material; and
(B) The identity and location of persons having knowledge ofrelevant facts or any other matter reasonably calculated to lead to thediscovery of evidence necessary or related to the financial investigation orreview.
(e) If any tangible materials subpoenaed under subsection (d)of this section are located outside of this state, the person to whom thesubpoena is issued shall make the materials available to the state auditor at aconvenient location. If any party fails or refuses to obey a subpoena or toprovide testimony as required under subsection (d) of this section, theattorney general may, upon reasonable notice to all affected persons, apply tothe district court for an order compelling compliance.
(f) Within one hundred eighty (180) days of the issuance ofsubpoena pursuant to subsection (d) of this section, the attorney general shalldisclose to the party or parties investigated that the investigation took placeand the reasons for it.
(g) The state auditor shall:
(i) Make a full report of any investigation conducted undersubsections (d) and (e) of this section;
(ii) Maintain the report made under paragraph (g)(i) of thissection in his files;
(iii) Annually report to the legislature on the number, locationby county and general extent of the investigations.
(h) The state auditor shall have the authority to obtain thefinancial and criminal background of an employee or employment applicant of thestate auditor in accordance with W.S. 7-19-106 and 7-19-201.
9-1-404. Specified claims against state to be presented within oneyear.
Exceptas provided by W.S. 1-39-101 through 1-39-120, persons having claims againstthe state shall document the claim and submit it to the state auditor withinone (1) year after the claim accrues, to be audited, settled and acted upon.
9-1-405. Setoffs in suits by state.
(a) In all suits brought in behalf of the state no debt orclaim shall be allowed against the state as a setoff unless:
(i) The debts or claims were exhibited to the auditor and byhim allowed or disallowed; or
(ii) It is proved to the court that the defendant at the time oftrial possesses vouchers which he could not produce to the auditor or that hewas prevented from exhibiting the claim to the auditor by absence from thestate, sickness or accidents.
9-1-406. Taking evidence concerning settlement of accounts.
Exceptas provided by W.S. 1-39-101 through 1-39-120, the state auditor may examine theparties, witnesses or others, on oath or affirmation, relating to any mattersmaterial to the settlement of accounts, including information which is declaredconfidential by law, and for that purpose may issue subpoenas and compelwitnesses to attend before him and give evidence in the same manner and by thesame means allowed by law to courts of record. The state auditor shall take allreasonable measures necessary to protect the confidentiality of allconfidential information obtained pursuant to this section.
9-1-407. Certificate of auditor's decision; claims against state inabsence of appropriation or authorization.
(a) At the request of a person who is dissatisfied with thedecision of the auditor on any claim, account or credit except as provided byW.S. 1-39-101 through 1-39-120, the auditor shall certify his findings anddecision.
(b) Except as provided by W.S. 1-39-101 through 1-39-120, whenthe law recognizes a claim for money against this state and no appropriation orauthorization is made by law to pay the claim, upon demand, the auditor shallaudit and adjust the claim and give the claimant a certificate of the amount ofthe claim.
(c) The auditor shall report claims under this section to thespeaker of the house and the president of the senate. The auditor shall pay theclaim if an appropriation is made for that purpose.
9-1-408. Payment by auditor's warrants.
(a) When accounts are audited and allowed against the state, orgrants, salaries, pay and expenses are allowed by law, the auditor shall draw awarrant on the treasurer for the amount due if money is legally available topay the claim.
(b) Upon satisfactory proof being presented to the stateauditor that any warrant drawn on the state treasury has been lost or destroyedbefore having been paid, the state auditor shall issue a duplicate warranttherefor. The state auditor may require a bond to be executed, or securityapproved by him, payable to the state of Wyoming, in the penalty of the amountof the warrant and conditioned to save harmless the state from any lossoccasioned by the issuing of the duplicate warrant.
(c) Upon satisfactory proof being presented to the stateauditor that any warrant drawn on the state treasury has been stolen, forgedand then paid, the state auditor may issue a duplicate warrant to the payee,provided:
(i) The payee affirms in writing under oath that the endorsedsignature on the paid warrant is not that of the payee, the payee did not aidor abet the individual who stole and endorsed the warrant, and the payee willassist the state and law enforcement officials in determining who stole andforged the paid warrant; and
(ii) The payee, if entitled to any future payments from thestate, agrees that future payments will be reduced by the amount of the forgedwarrant, should it be discovered that the payee provided false informationpursuant to this subsection.
9-1-409. State treasurer; duties generally; demand accounts; staterevenues paid to treasurer.
(a) The state treasurer shall:
(i) Receive and keep all monies of the state not required bylaw to be received and kept by another state official;
(ii) Pay all warrants duly and legally issued by the auditor solong as there are in his hands funds sufficient to pay the warrants;
(iii) Keep a just, true and comprehensive account of all moneyreceived and disbursed;
(iv) Have general responsibility for the management of statecash resources, including developing information in conjunction with the stateauditor, to forecast the cash needs of the state.
(b) The state treasurer may use demand accounts to pay warrantsor to pay for investments. A record of the use of demand accounts shall becreated and maintained in the treasurer's office.
(c) Every state officer, employee, department or commissionreceiving revenue for or on behalf of the state from any source shall pay allrevenue to the state treasurer as directed by him.
(d) The state treasurer may employ legal counsel to reviewcontracts entered into by the state treasurer in his official capacity andperform other duties as assigned by the state treasurer. Nothing in thissubsection prohibits the state treasurer from using the services of theattorney general's office.
9-1-410. Receipts for monies paid into treasury.
Thetreasurer shall issue receipts for all monies paid into the treasury. A copy ofeach receipt shall immediately be deposited by the treasurer with the auditor.
9-1-411. Repealed By Laws 1997, ch. 195, 2.
9-1-412. Offenses by auditor and treasurer; penalties.
(a) If the state treasurer willfully refuses to pay any warrantlawfully drawn upon the treasury, the holder of the warrant may recover four(4) times the amount of the warrant in a civil action against the statetreasurer and his sureties. Upon conviction, the treasurer is guilty of amisdemeanor.
(b) If the state auditor knowingly issues any warrant upon thestate treasury not authorized by law, he is guilty of a misdemeanor punishableby a fine of not more than four (4) times the amount of the warrant,imprisonment for not more than one (1) year, or both.
(c) Repealed by Laws 1982, ch. 75, 5;1983, ch. 171, 3.
(d) A person who violates W.S. 9-1-403(b) or W.S. 9-1-409(a)commits a felony punishable by a fine of not more than three thousand dollars($3,000.00) and by imprisonment for not more than five (5) years.
9-1-413. Report of financial commitments.
Atthe request of the state treasurer all state agencies and departments makingfinancial commitments payable from the state treasury shall report to the statetreasurer on forms prescribed by him the commitments made and the approximatedate payable.
9-1-414. Repealed by Laws 1987, ch. 123, 2.
9-1-415. Collection of debts due the state; discharge ofuncollectible debts.
(a) Except as provided in subsections (e) and (f) of thissection, any office or agency of the state may use the services of a collectionagency licensed in Wyoming to assist in the collection of debts due the stateor any state office or agency.
(b) Any debt due and owing the state or any office or agency ofthe state, which is determined to be uncollectible, shall be certified to thestate auditor by the chief administrative officer of the agency to which thedebt is due. The certification shall include:
(i) The name and last known address of the debtor;
(ii) The goods or services for which the debt was incurred;
(iii) The amount of the debt and the date when the debt becamedue and payable;
(iv) An explanation of what actions have been taken to collectthe debt and why the debt has remained unpaid; and
(v) A declaration that the debt is uncollectible.
(c) If the auditor agrees the debt is uncollectible, he shalldirect that the debt be discharged and extinguished as an asset or accountreceivable of the state.
(d) The facts and actions which are the basis for the decisionthat the debt is uncollectible shall be documented in writing and shall bemaintained as required under W.S. 9-2-410.
(e) Before any billing for services, collections or use of theservices of a collection agency, state institutions shall first make anadministrative determination that all statutory requirements relative topatient billing have been followed in each case. In the case of those stateinstitutions defined by W.S. 25-11-101(a)(vii), the decision of whether tocontract with a collection agency shall be made by the department of health orthe department of family services pursuant to W.S. 25-11-106.
(f) No patient billing from the state hospital shall becollectible unless:
(i) A legally responsible person has been advised in writingbefore the treatment or stay at the hospital, at the time of admission or areasonable time thereafter, of:
(A) The obligation to pay;
(B) The schedule of actual costs for treatment established bythe department of health pursuant to W.S. 25-11-102(a);
(C) The sliding scale used to determine e