9-1-101. Location of seat of government; residence of
state officials; deputies authorized; state superintendent of public instruction physical office designation.
(a) The seat of government for the state of Wyoming is located and established at Cheyenne, Wyoming.
(b) The governor, secretary of state, state treasurer, state auditor and state superintendent of public instruction shall reside and maintain their offices at the seat of government.
(c) The secretary of state, the state auditor, state treasurer and state superintendent of public instruction may each appoint a deputy to perform the duties of their respective offices and are responsible to the state for the acts of their deputies.
(d) In recognition of Estelle Reel, the first woman elected and to hold the office of state superintendent of public instruction in Wyoming and the second woman elected and to hold a statewide office in the United States, the physical office of the state superintendent of public instruction in the state capitol building shall be designated and known as "The Estelle Reel Office of the State Superintendent of Public Instruction."
9-1-102. Officers of state agencies and specified state employees to file oath and obtain bond; bond requirements.
(a) Before assuming the duties of office, the chief officer or officers of each state agency, office, institution, board and commission, and any other employee of the state specified by the governor, shall take and subscribe the constitutional oath of office and obtain faithful performance and fidelity bond coverage. The oath shall be filed with the secretary of state.
(b) The department of administration and information shall purchase coverage for employees or officials as required by this section in the amount necessary to:
(i) Insure the honest and faithful performance and discharge of duties;
(ii) Insure accounting to the state for all monies, property, materials and records under the care, custody or control of the employees or officials by virtue of their public capacity; and
(iii) Assure that upon the termination of their service with the state all monies, property, materials and records shall be turned over to their successors.
(c) Prior to purchasing any bond required under this section the department of administration and information shall obtain the approval of the attorney general.
(d) All bonds purchased under this section shall be acquired from a person, firm or corporation qualified by and holding a valid certificate of authority from the state insurance commissioner.
(e) Bonds and records required under this section are official public records under the Public Records Act.
9-1-103. State elected officials representation on boards and commissions; designees; limitations.
A state elected official may authorize a designee to act as the official's personal representative to any board or commission of which the official is a member. The designee shall have the right to speak on behalf of the official and to vote and take other lawful action on behalf of the official as a member of the board or commission. The provisions of this section shall not apply to any board or commission to which the state elected official is appointed by the Wyoming constitution or which is comprised solely of state elected officials.
9-1-104. Qualifications for office; ineligibility of candidates convicted of certain sex offenses.
(a) In addition to any other qualifications to hold public office, no sex offender shall be eligible to be a candidate for, or be appointed to, any of the following offices:
(i) Trustee of a school district;
(ii) Community college district board member;
(iii) County attorney or district attorney;
(iv) County commissioner;
(v) Member of the governing body of a city or town;
(vi) Mayor of a city or town;
(vii) County sheriff;
(viii) Any office of an elected statewide official;
(ix) Member of the legislature;
(x) Member of the board of trustees of the University of Wyoming;
(xi) Clerk of district court;
(xii) Member of the state board of education;
(xiii) County clerk;
(xiv) County treasurer;
(xv) County coroner;
(xvi) City attorney.
(b) The secretary of state, county clerk or other appropriate election official shall refuse to certify a candidate's name if the candidate is ineligible to hold public office under this section. If a person in office is disqualified from office under this section, the office shall be deemed vacant as provided in W.S. 22-18-101(a)(iv).
(c) As used in this section, "sex offender" means a person who is currently registered on the central registry of offenders under W.S. 7-19-301 through 7-19-310.
9-1-201. Chief executive officer; powers and duties generally.
In accordance with the Wyoming constitution, the governor is the chief executive officer of the state of Wyoming. The governor shall formulate and administer the policies of, and shall exercise general supervision, direction and control over the executive branch of state government. The governor shall have the authority to obtain the criminal background history of an employee, intern or applicant for employment or an internship in the governor's office.
9-1-202. Removal of appointive officers and commissioners; reason for removal to be filed.
(a) Notwithstanding any other provision of law and except as otherwise provided in this section, any person may be removed by the governor, at the governor's pleasure, if appointed by the governor to serve as head of a state agency, department or division, or as a member of a state board or commission. The governor may only remove a member of the Wyoming business council as provided in W.S. 9-12-103.
(b) Any person who holds a state office or commission by appointment of the members of a state board, commission or administrator may be removed by:
(i) The board, commission or administrator which appointed him where provided by law; or
(ii) The governor, for malfeasance or misconduct in office.
(c) Reason for removal of appointed officers or commissioners shall be mailed or delivered to the person to be removed.
9-1-203. Suspension of officer pending impeachment; filling vacancy.
When the house of representatives impeaches a state or judicial officer other than the governor, the governor may suspend the officer from his official functions pending the trial and other proceedings in the impeachment and may designate and appoint a qualified person to fill the office and discharge the duties thereof during the suspension.
(a) As used in this section:
(i) "Human services agency" means any division, institution and program within the department of health, the department of workforce services or the state department of family services and all institutions, boards and programs administering, planning and providing for state human services under the supervision of the director of the department of health, the director of the department of workforce services or the director of the department of family services;
(ii) "Human services program" means a program administered by a human services agency;
(iii) "Policy plan" means a plan formulated by the governor and reviewed by the legislature setting forth the policies of the state toward providing and coordinating services through all human service agencies;
(iv) "Program plan" means a plan for direction of each major human services program.
(b) In order to coordinate policy planning for all state human services agencies, the governor may require:
(i) Each of the human services agencies to prepare an annual program plan for its program offered or to be offered within the agency;
(ii) All program plans to be submitted by the agencies to the office 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 programs and present the compilation of plans to the governor;
(iii) Monitor the implementation of a policy plan which shall be used by the human services agencies in development of programs and budget preparation;
(iv) Review, on behalf of the governor, all grant applications and plans prepared by the agencies to ensure that all programs within the human services agencies comply with the state policy plan;
(v) Coordinate with any other official efforts regarding state health planning in formulating a policy plan.
(d) The governor shall:
(i) Review, revise or adopt all program plans of programs within the state human services agencies;
(ii) Develop a policy plan reflecting the program plans of human service agencies;
(iii) Present the policy to the legislature for review.
9-1-205. Authority of governor or legislature to require
information from officers, commissions or boards; right of access to state offices for purpose of inspection.
(a) The governor or either house of the legislature may require any state officer, commission or board of a state institution to communicate in writing any information concerning any subject pertaining to the office, commission or board.
(b) The governor shall have free access to the office of any state officer for the inspection and examination of all books, papers, records and proceedings.
qualifications; term; compensation generally; duties; responsibility for acts. The governor may employ an administrative assistant, who shall be a qualified elector of the state. He shall receive the compensation appropriated by the legislature and shall perform the duties required by the governor. The governor is responsible for the official acts of the administrative assistant and may remove an administrative assistant as provided in W.S. 9-1-202.
9-1-207. State planning coordinator; appointment; qualifications; term; removal; powers; duties.
(a) The governor may employ a state planning coordinator, who shall be a qualified elector of the state and who may be removed by the governor as provided in W.S. 9-1-202.
(b) In fulfilling the provisions of W.S. 9-1-215, the coordinator may sit as the governor's personal representative on all nonconstitutionally created boards and commissions which are not exclusively licensing in nature. The coordinator shall have the right to speak on behalf of the governor but not to vote. The coordinator shall not sit as the governor's personal representative for purposes of fulfilling the provisions of W.S. 9-1-215 on any boards or commissions on which one (1) or more of the other four (4) elective state officers sit.
(c) The governor personally or through his coordinator may:
(i) Cooperate with other states and the federal government and its agencies, and with all private concerns, to coordinate planning in the state of Wyoming;
(ii) Coordinate the planning activities of all state departments, boards, commissions and agencies in regard to economic, fiscal, educational, social, cultural, recreational and artistic development of the state, for the purpose of creation and implementation of a comprehensive state plan. All plans prepared by state departments, boards, commissions and agencies shall be submitted at least semiannually for review and comment by the coordinator;
(iii) Report to the legislature the comprehensive plan for economic 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 federal land use issues regarding multiple use of federal lands in Wyoming based on each of the beneficial uses contributed to the state and to its people;
(ii) Actively monitor and request federal agencies to include the state government in the early planning stages of various federal land use management decisions;
(iii) Notify various individuals, interest and user groups and solicit from them their views regarding pending federal land management issues;
(iv) Utilize state agency expertise on specific issues, solicit and coordinate appropriate agency comments on pending federal land issues;
(v) Review comments from individuals, interest and user groups and state agencies, as well as other sources of information and prepare, submit and advocate the state of Wyoming's official position to federal land use management issues;
(vi) Prepare a biennial report to include:
(A) Current state positions regarding federal land use management in Wyoming;
(B) Activities of the state planning coordinator regarding federal land use management issues; and
(C) Impacts of the federal land use management issues and decisions on the state of Wyoming.
(a) No state department, board, commission or agency whose director, board or commission members are appointed by the governor shall, without prior approval of the governor:
(i) Apply for federal funds or private endowment funds;
(ii) Contract with the federal government or any private association;
(iii) Effectuate and put into force any plan.
appointment; removal; employment of personnel; duties; information to be supplied by agencies.
(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 as provided in W.S. 9-1-202. The coordinator may employ personnel as the governor may approve.
(b) The coordinator shall:
(i) Review all federal legislative and administrative acts which pertain to state-federal relations;
(ii) Aid, assist and advise the governor on all federal aid and private endowment programs;
(iii) Coordinate assistance programs between the federal government and state and local government, and coordinate private and nonprofit organizations', agencies' or foundations' assistance to state and local government;
(iv) Collect data and information on federal aid and private endowment programs and maintain a central depository for the data and information relating to all programs, including the cost of the state or local participation. This information shall be available to all state agencies and units of local government;
(v) Carry out all duties which the governor assigns, pertaining to federal funds.
(c) All state departments, boards and commissions shall provide to the coordinator information and data requested by the coordinator, including cost of programs, of all federal aid or private endowment programs in which they participate. This information and data shall be supplied the coordinator within forty-five (45) days from the date of request unless more time is granted by the coordinator.
The state, through the governor may accept gifts, grants, funds or assistance from any federal, state or local governmental agencies or from any private source.
designated; order of succession; proclamation on succession.
(a) If the governor is removed, dies, resigns or is unable to act, the state officer appearing highest on the following list who satisfies all constitutional qualifications for governor and is not under impeachment by the house of representatives shall act as governor until the disability of the governor is removed or a new governor is elected and qualified:
(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 devolve upon any person named in subsection (a) of this section, that person shall issue a proclamation that the incumbent governor has ceased to act as governor, giving the reason, and stating that the person issuing the proclamation has assumed the duties and powers of the governor.
9-1-212. Vacancy in office of governor; term of successor;
when election held to fill unexpired term; requirements of elections; term of person elected. Whenever the powers and duties of the office of the governor of the state of Wyoming devolve upon any other person as provided in W.S. 9-1-211(a), the person acting as governor shall continue to act as governor until the end of the term of the governor if the office is assumed less than sixty (60) days before the next general election. If the office is assumed more than sixty (60) days before a general election the person acting as governor shall issue an additional proclamation calling for the election of a governor to fill the unexpired term, which election shall take place at the same time as the general election, and the election, together with the returns and canvass thereof, shall be conducted in all respects as though it was an original election for governor. When the state canvassing board canvasses the vote of the election and declares a person at the election to be elected as governor, the person shall, within thirty (30) days after the canvass, or as soon thereafter as possible, qualify and assume the duties and powers of governor, and shall be the governor of the state of Wyoming for the remainder of the unexpired term of the governor.
The state shall furnish a site and buildings which shall be used exclusively for the residence of the governor of the state during his incumbency in office.
9-1-214. Impeachment of governor; suspension from office; performance of duties.
When the house of representatives impeaches the governor, he is automatically suspended from performing the function of his office pending the trial and other proceedings in the impeachment. During the suspension the duties of the governor shall be performed as provided in W.S. 9-1-212.
9-1-215. Right of governor to attend meetings; effect on quorum; designation of special meetings.
The governor may attend, participate in and vote at all meetings, both general and special, of all nonconstitutionally created boards and commissions of the state of Wyoming which are not exclusively licensing in nature. The governor's presence or absence shall not affect the quorum. The governor may call and designate the time and place of special meetings.
9-1-217. Appointments to federally-required committees; removal; functions, powers and duties of committees.
The governor may appoint electors of the state to any advisory, planning or action committee which is required by the state's participation in federally supported programs. The functions, powers and duties of the committees shall not be inconsistent with the constitution or laws of this state. The governor may remove any appointee under this section as provided in W.S. 9-1-202.
9-1-218. Appointment to boards, commissions, or other
bodies; appointment districts; requirement; conditions for appointments based on political party affiliation.
(a) When required by law, members of boards, commissions, councils and other governmental bodies shall be appointed from the appointment districts set out in subsection (b) of this section.
(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 comprise district 3;
(iv) Campbell, Johnson and Sheridan counties comprise district 4;
(v) Big Horn, Hot Springs, Park and Washakie counties comprise district 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 be made from an appointment district which was not represented on the governmental body before the vacancy. If all districts were represented, the appointment shall be made so as to best equalize representation among the districts.
(d) Unless otherwise provided by law, appointments shall rotate consecutively among all the counties of the appointment districts.
(e) Any appointment made on or after July 1, 1996 by the governor to a state board, commission, council or committee created by law, for which senate confirmation is required by law or constitution and for which political party affiliation is specified by law, shall be conditioned upon membership in the same political party for not less than six (6) months prior to the date of appointment for temporary appointments made under W.S. 28-12-101(b) and not less than six (6) months prior to the date of nomination for appointment under W.S. 28-12-101(a). Prior to senate confirmation, the person appointed shall file in the office of the governor an affidavit acknowledged and sworn to under oath stating his party affiliation for the six (6) month period preceding the date of appointment. Filing a false statement may be cause for removal.
(a) The governor shall establish rules and regulations to provide for the allocation of the private activity bond limit or the unified volume limitation, whichever is established by the United States Internal Revenue Code, among the governmental units in the state having authority to issue private activity bonds or nonessential governmental function bonds. The objective of the rules shall be to establish an accessible, equitable and efficient allocation process which advances the state and local benefits of tax-exempt financing. To the extent permitted by federal law, the rules may depart from federal allocation requirements, including requirements for housing bonds, redevelopment bonds and bonds issued by state and local bond issuing authorities.
(b) Rulemaking under this section shall be subject to the Wyoming Administrative Procedure Act.
(c) Repealed by Laws 1986, ch. 59, § 2.
9-1-221. Tribal liaison program; qualifications of liaisons; removal; duties.
(a) There is created a tribal liaison program. The purpose of the program shall be to encourage mutual respect, understanding and leadership between the state and the Northern Arapaho tribe and the Eastern Shoshone tribe.
(b) The governor shall select and employ two (2) persons to serve as tribal liaisons and to administer the tribal liaison program as provided in this section. Before making a selection, the governor shall solicit a list of nominations from the Eastern Shoshone business council and the Northern Arapaho business council. The selection of the liaisons shall be with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103. If the legislature has adjourned, the governor may make temporary selections in the manner provided for in W.S. 28-12-101(b). Each liaison shall be a qualified elector of the state and may be removed by the governor as provided in W.S. 9-1-202. The liaisons shall:
(i) Aid, assist and advise the governor on state-tribal relations including the coordination of programs and other activities between the state and tribal governments. The tribal liaisons may maintain offices within the state as directed by the governor;
(ii) Facilitate communication between the tribes and the office of the governor, executive branch agencies, the select committee on tribal relations and the legislature;
(iii) Stand for reappointment one (1) time every two (2) years unless sooner removed by the governor pursuant to W.S. 9-1-202 after consultation with the tribes.
(c) The governor's office, in conjunction with the tribal liaisons, shall report to the select committee on tribal relations on the successes, opportunities and future issues of the tribal liaison program on or before December 1 of each year.
9-1-223. Serve Wyoming; composition; powers and duties; definitions.
(a) Serve Wyoming is transferred from the office of the governor to the department of workforce services and shall operate as a private not-for-profit corporation, as specified in this section.
(b) The membership of Serve Wyoming shall be as provided in 42 U.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 nonvoting member of the corporation serving on Serve Wyoming. Other nonvoting members may be appointed as provided in 42 U.S.C. 12638.
(d) Appointed members of Serve Wyoming shall serve terms of three (3) years and may be reappointed to serve additional terms. Voting members of Serve Wyoming shall elect a chairman and a vice chairman from among the voting members.
(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 foster community services, volunteerism, mentoring and literacy;
(iii) Develop and implement a comprehensive, statewide plan for promoting volunteer involvement and citizen participation in Wyoming;
(iv) Communicate and cooperate with national and state organizations that support the mission of Serve Wyoming;
(v) Fulfill federal program administration requirements, including working with the corporation on national and community service to assist in the provision of health care and childcare for service program participants;
(vi) Submit annual state applications for federal funding for selected Americorps programs;
(vii) Monitor the performance and progress of programs receiving funds from Serve Wyoming;
(viii) Provide technical assistance to local not-for-profit organizations and other entities in planning programs, applying for funds and in implementing and operating high quality programs;
(ix) Develop mechanisms for recruitment and placement of people interested in participating in service programs;
(x) Delegate nonpolicy making duties to a public or private not-for-profit organization, subject to requirements that the corporation on national and community service may prescribe.
(f) As used in this section:
(i) "Corporation" means the corporation on national and community service created by the National and Community Service Act of 1990;
(ii) "Serve Wyoming" means the not-for-profit corporation within the department of workforce services to implement the purposes of the National and Community Service Act of 1990.
9-1-224. Collection of data; creation of a repository; dissemination of data.
(a) The governor's office may supervise the collection of baseline scientific assessment data on public lands which may impact agricultural, mineral, geological, historical or environmental resources. The data collected shall be of sufficient quality and quantity to provide a scientifically defensible record of the ambient environment in a defined geographic area. The governor's office may supervise collection of all data on public lands which may impact agricultural, mineral, geological, historical or environmental resources, including, but not limited to, the following:
(i) Air quality, including ozone and haze levels;
(ii) Surface water and groundwater quality and quantity;
(iii) Economic development infrastructure, roads, reservoirs, corrals, fences, pipelines, transmission lines and all other man-made structures on public land;
(iv) Historic trails, stock driveways, historic sites or archeological sites;
(v) Livestock grazing;
(vi) Geological analysis;
(vii) Populations of species listed as threatened or endangered under the Endangered Species Act and all state and federal agency species lists including, but not limited to, management indicator species, sensitive species, native species status and the Wyoming natural diversity database;
(viii) Rights-of-way corridors for electric transmission, fiber optics and pipelines;
(ix) Enhanced oil recovery.
(b) The governor shall assign the collection of data under subsection (a) of this section to the appropriate state agency or political entity of the state, including, but not limited to, the following:
(i) The department of environmental quality;
(ii) The University of Wyoming;
(iii) The oil and gas commission;
(iv) The game and fish department;
(v) The department of agriculture;
(vi) The office of state lands and investments;
(vii) The department of state parks and cultural resources;
(viii) The department of administration and information;
(ix) The state archeologist;
(x) The state geologist;
(xi) The Wyoming energy authority;
(xii) Repealed by Laws 2019, ch. 34, § 4.
(xiii) Conservation districts;
(xiv) All other state agencies, boards, commissions and departments with knowledge and expertise on issues impacting lands in the state; and
(xv) All interested local governments.
(c) The governor's office may collaborate with any entity not under the complete control of the state of Wyoming to accomplish the purposes of this section. Before collaborating with an entity not under the complete control of the state of Wyoming, the governor's office and the other entity shall enter into a cost sharing agreement. The governor's office may accept funding from an entity for data collection under this section. Any funding received shall be reported to the joint minerals, business and economic development interim committee in accordance with subsection (h) of this section.
(d) The governor may direct state agencies and political entities to use all available technologies at their disposal to collect data under this section, including geographic information systems (GIS).
(e) The governor's office shall provide for a repository for all data collected under this section. The governor may designate data collected from private sources containing proprietary information or trade secrets as confidential and not subject to inspection as provided by W.S. 16-4-203(d)(v). All other data collected and not designated shall be available to the public.
(f) State agencies and political entities of the state assigned with collecting data under subsection (b) of this section shall submit an estimate of the necessary costs of collecting their assigned data to the governor's office. To the extent necessary, the governor shall use his authority under W.S. 9-2-1005(b)(i) to transfer sufficient funds to the assigned agency to pay the necessary costs of data collection.
(g) The governor's office shall promulgate rules and regulations necessary to implement this section, including establishing standards for data collection consistent with other standard peer reviewed scientific research.
(h) The governor's office shall report to the joint minerals, business and economic development interim committee by October 1, 2012 and by October 1 annually thereafter concerning the progress of data collection under this section.
9-1-302. Powers and duties; custodian of public records;
preservation of proclamations of governor; removal of public documents prohibited; exceptions.
(a) The secretary of state is the custodian of, and shall preserve:
(i) All the public records, documents, acts and resolutions of the legislatures of the territory and state of Wyoming;
(ii) All proclamations of the governor proclaiming the effectiveness of constitutional amendments, corporate revocations and any other proclamation designated as a permanent record by the governor. The secretary of state shall preserve all other proclamations of the governor for one (1) year and then deliver them to the department of state parks and cultural resources for destruction or preservation as it deems desirable;
(iii) Property of the state when no other provision is made by law;
(iv) Copies of all clemency documents signed by the governor, including pardons, commutations of sentence, reprieves, remissions of fine or forfeiture, and restorations of civil rights;
(v) Copies of all restorations of rights filed pursuant to W.S. 7-13-105(a) and (f).
(b) Except as otherwise provided in this section, the secretary of state shall not permit any original paper or public document, filed in the office, to be taken out of it unless called for by a resolution of either house of the legislature or for the examination of the governor. The secretary of state may store any original paper or public document, filed in the office, in any other state building within the capital city if the storage will protect the papers or documents from destruction and unauthorized access to the same or greater extent than storage in the office of the secretary of state.
countersigning commissions and documents; certified copies of acts; file of commissions and appointments; publication of documents.
(a) The secretary of state shall affix the great seal of the state to, and countersign:
(i) Commissions;
(ii) Official acts which the governor is required by law to perform except his approval or disapproval of legislative acts; and
(iii) Other instruments when required or authorized by the governor.
(b) The secretary of state shall deliver to every person upon request, copies of any act, resolution, order of the legislature, commission or other official act of the governor, roll, record, document, paper, bond or recognizance, deposited in the office by law, and certify the copies under his hand, and affix thereto the seal of the office upon tender of fees prescribed by law.
(c) The secretary of state shall keep a file of all commissions issued 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.
(d) The secretary of state shall make the following documents available to the public by publishing the documents on the secretary of state's official website:
(i) The constitution of the state of Wyoming;
(ii) A directory of state departments and selected employees.
(e) The secretary of state may affix the great seal of the state to certificates or apostilles issued pursuant to W.S. 32-3-110.
(f) The secretary of state shall print and make available the constitution of the state of Wyoming upon payment of a fee established by rule and in an amount to recover the costs of printing the document.
9-1-304. Removal from state or impeachment; acting secretary of state; appointment; duties.
In case of removal from the state, or impeachment of the secretary of state, the governor shall appoint an acting secretary of state, who shall take the oath herein prescribed and perform the duties of the office during absence occasioned by the removal or pendency of impeachment.
(a) The secretary of state shall collect the following fees in advance for:
(i) Except as provided in W.S. 32-3-110(c), certificate and seal, ten dollars ($10.00);
(ii) Filing any document, a minimum of three dollars ($3.00);
(iii) Issuing a notary public commission, sixty dollars ($60.00);
(iv) Recording each instrument of writing, three dollars ($3.00) for the first page;
(v) Each subsequent page, one dollar ($1.00);
(vi) Copies of laws or documents recorded or filed in the office of the secretary of state, fifty cents ($.50) per page for the first ten (10) pages and fifteen cents ($.15) for each additional page. When the secretary of state furnishes a copy of any law already printed, he shall receive three dollars ($3.00) for each copy and three dollars ($3.00) for certifying and sealing the copies;
(vii) Issuing any other paper not herein enumerated, three dollars ($3.00);
(viii) Expediting the filing of any document filed pursuant to title 17, title 34 or title 40, chapters 1 and 2 of the Wyoming statutes, an amount not more than five thousand dollars ($5,000.00). Notwithstanding any other law to the contrary, the secretary of state may charge a fee as specified in this paragraph to expedite the filing of a document filed with the secretary of state's office pursuant to title 17, title 34 or title 40, chapters 1 and 2 of the Wyoming statutes upon the request of the filer. The fee and process for requesting an expedited filing shall be established by rule of the secretary of state taking into account the impact the cost of the filing fee may have on total filings, the costs of expediting the filing and deadlines for responding to filings as required by law. The expedition of a filing under this paragraph shall not alter the prioritization of rights determined by the timing of the filing.
(b) The secretary of state shall receive no fee for the following services:
(i) Issuing commissions to state, district and county officers;
(ii) Filing pardons, requisitions and appointments of agents;
(iii) Filing oaths of office.
(c) When any document is delivered to the office of the secretary of state for filing, the secretary of state may refuse the document for filing if:
(i) The correct filing fee, any franchise tax, license fee, penalty or past due fees, taxes or penalties required to be paid have not been paid; and
(ii) Provision for payment of those items set forth in paragraph (i) of this section has not been established in a manner approved by the secretary of state.
9-1-307. Secretary of state; employment of legal counsel.
The secretary of state may employ legal counsel to review contracts entered into by the secretary of state in his official capacity and to perform other duties assigned by the secretary of state. Nothing in this section prohibits the secretary of state from using the services of the attorney general's office.
9-1-308. Powers and duties; refusal to file documents; cease and desist orders.
(a) The secretary of state may refuse to accept documents for filing pursuant to title 17 or title 34 of Wyoming statutes for up to five (5) years from any person or any entity if that person or entity:
(i) Has filed any document with the secretary of state pursuant to title 17 or title 34 of Wyoming statutes that contained any statement which was fraudulent with respect to any material fact;
(ii) Makes or uses any false writing or document knowing it to contain any materially false, fictitious or fraudulent statement or entry; or
(iii) Is the subject of, an agent of or acting on behalf of the subject of any order of the secretary of state or any similar order issued in another jurisdiction.
(b) The secretary of state may issue a cease and desist order to any person or entity engaging in any practice described in paragraphs (a)(i) and (ii) of this section or any person or entity qualifying under paragraph (a)(iii) of this section.
(c) Upon issuance of a cease and desist order under subsection (b) of this section, the secretary of state shall serve upon the person affected by the order, by registered or certified mail, return receipt requested, to the person's last known address, an order specifically stating the acts complained of and requiring the person to immediately cease and desist from the act, methods or practices stated.
(d) Any refusal to accept documents under subsection (a) of this section and any cease and desist order issued under subsection (b) of this section shall be in writing provided to the person affected by the refusal or order. The writing shall include a statement of the basis for the refusal or order and shall constitute a final order of the secretary of state.
(e) Any refusal to accept documents under subsection (a) of this section and any order issued under subsection (b) of this section is subject to the notice and appeal provisions of W.S. 17-4-609.
9-1-401. Seals of office; access to records; power to administer oaths; accounting records.
(a) The treasurer and auditor shall each:
(i) Keep a seal of office, which shall be used to authenticate all writings, papers and documents certified by either officer;
(ii) Have free access to each other's offices and to all other offices of the state to inspect books, accounts and papers pertaining to their duties;
(iii) Have power to administer oaths and affirmations required by law in matters touching their duties;
(iv) Balance their accounting records to verify that cash and investments, adjusted for outstanding warrants, reflect the amount due to each fund and account in the Wyoming uniform accounting system.
(a) The state auditor is the comptroller, chief accountant and the official custodian of the state's accounting records, accounts, vouchers, documents and all papers relating to the accounts and contracts of the state and its revenue, debt and fiscal affairs not required by law to be kept by another office. State agencies or officers certifying payments may retain the documents required under this section, subject to any rules and regulations promulgated by the state auditor with respect to acceptable documentation, certification and retention.
(b) The state auditor shall serve as the chief fiscal control officer of the state of Wyoming, shall maintain the state's central fiscal accounts, and shall order all payments into and out of the funds held by the state treasurer.
(c) The state auditor shall be the state payroll officer, shall maintain the official payroll for all state agencies, excluding the University of Wyoming, and shall supervise the issuance of all payroll warrants. The state auditor may enter into agreement with any state agency to maintain the official payroll and supervise issuance of all payroll warrants for the state agency.
(d) The state auditor may approve an alternative to the use of warrants drawn by the state auditor for the disbursement of retirement system benefits, provided that the attorney general reviews the legality of the alternative.
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 out of the treasury excluding claims required by law to be audited and settled by other officers and persons. Before settling claims under this paragraph, the state auditor shall:
(A) Require state agencies to have procedures in place to ensure that:
(I) The claims have been properly approved by a competent authority; and
(II) The state agency has charged the claim to the appropriate state account.
(B) Verify that the state agency responsible for the claim has received the funding necessary from the legislature.
(ii) Draw all warrants upon the treasurer for money unless otherwise provided by law;
(iii) Except as provided by law, cause prosecution of persons failing to remit public money or property to the state and debtors of the state;
(iv) Be authorized to cooperate with the federal government, other states and interested persons regarding federal royalty management, including site inspection and audit activities, to ensure the state is receiving the proper amount of federal and state mineral royalty entitlements, except that commencing July 1, 1989, the department of audit shall exercise this authority;
(v) Provide an annual financial report of the fiscal affairs of the state to the governor, president of the senate, speaker of the house and cochairmen of the joint appropriations committee, on or before December 31 of each year. The report shall include financial statements which shall be prepared, insofar as practical, in conformance with generally accepted accounting principles;
(vi) When any person is entitled to a warrant or other payment from the treasury, against whom there is a due and payable account or claim in favor of the state, upon notification thereof, ascertain the amount due and payable to the state, and draw a warrant on the balance. The state auditor may deduct the entire amount due and payable to the state or may deduct a portion of the amount due and payable to the state;
(vii) Whenever he refuses to draw a warrant pursuant to any voucher, return the voucher together with a written statement of the reasons for his disapproval to the agency which transmitted the voucher, and retain a record of the disapproved voucher;
(viii) On or before the fifteenth day of each month, make available in electronic or hard copy detailed statements of expenditures and revenues for each state entity that receives an appropriation in accordance with budget classification. These statements shall be available to each entity and to the state budget department;
(ix) Subject to state and federal law, make available for public inspection and download on the state auditor's official website information on all payments within the purview of the state auditor's office made to vendors. The information shall include, at a minimum, the date of each payment, the vendor's name, the state agency requiring items or services or from whose funds the payment is made, the total amount paid and a description of the payment. Payment information required under this paragraph shall be posted to the state auditor's official website not later than thirty (30) days after the payment is made by the state auditor. Information published on the official website under this paragraph shall be maintained on the website for not less than five (5) years.
(b) The state auditor shall not draw warrants:
(i) In excess of amounts appropriated except as otherwise provided by law;
(ii) For the keeping or transporting of prisoners except on accounts certified under oath naming the prisoners, stating the time each prisoner has been kept, stating the distance the prisoner was transported;
(iii) For items furnished or services rendered except on itemized accounts or vouchers certified under penalty of perjury by the vendor or by an authorized person employed by the agency receiving the items or for whom the services were rendered showing the date each item was furnished or service rendered by the vendor. The certification and documentation required under this paragraph may be provided to the state auditor by the state official employed by the agency receiving the items or services by electronic or other acceptable media in accordance with rules and regulations promulgated by the state auditor;
(iv) Unless the individual state agency provides documentation and certification that the bill, invoice, account, payroll or other evidence of the claim, demand or charge is satisfactory to the state auditor with respect to the regularity, legality and correctness of the expenditure or disbursement, and that the claim, demand or charge has not been previously paid. If he is satisfied, he shall approve the claim, demand or charge, subject to audit at the discretion of the state auditor after processing the warrant using acceptable auditing techniques. The state auditor may, by general rule or special order, require certification or evidence as the circumstances may demand;
(v) For payment on a contract for professional consultant or other services unless the agency has certified that the contract for the services has been reduced to writing before the services are performed, and that the contract is in compliance with procedures of the attorney general, is approved by the attorney general, and, except for contracts for capital construction projects entered into by an agency under W.S. 9-2-3006 and contracts of twenty-five thousand dollars ($25,000.00) or less which are entered into by the office of an elected state official, is filed with and approved by the department of administration and information. For payment on a contract for professional or other services entered into by the department of transportation, filing of the contract with and approval by the department of administration and information and approval by the attorney general is not required, however the attorney general shall first review the contract if the contract is over twenty thousand dollars ($20,000.00);
(vi) For payment of salaries or wages for state officials or employees before the completion of the period for which the compensation is being paid. Effective July 1, 2013, all salary and wage payments to persons employed by the state of Wyoming, other than the University of Wyoming, shall be made by:
(A) Direct deposit;
(B) Warrant;
(C) Debit card or other type of pay card; or
(D) Any combination of the methods identified in this paragraph.
(vii) If the auditor elects to make payment to state employees using a debit card or other type of pay card authorized under paragraph (vi) of this subsection, any contract the auditor enters into with a card issuer shall require the issuer to provide the benefits of deposit insurance offered by the Federal Deposit Insurance Corporation. The auditor's contract with the card issuer also shall provide each employee using a debit or other pay card one (1) or more free withdrawals per pay period at a banking institution or in-network automatic teller machine and shall prohibit the extension of credit and the use of overdrafts;
(viii) For payment on a contract for capital construction projects entered into by an agency under W.S. 9-2-3006 unless the agency has certified that the contract for the project has been reduced to writing before the contract is performed, that the contract is in compliance with procedures of the attorney general, is approved by the attorney general and is filed with and approved by the state construction department.
(c) The state auditor may:
(i) Audit, settle and adjust the accounts of state officers and employees who are required by law to collect state revenue and pay it into the treasury;
(ii) Keep an account of any separate fund in the state authorized by law and of all debts and credits between the state and the United States, other states or persons;
(iii) Delegate to individual state agencies the responsibility for preauditing vouchers. The state agencies to which the responsibility is delegated shall perform the preaudit function. The state auditor may specify reasonable conditions and limitations upon any delegation under this subsection and may rescind a delegation at any time upon reasonable notice in writing to the agency;
(iv) Prescribe and require the use by state agencies, of forms for all documents required by law in the performance of his duties or which he may reasonably require therefor. The state auditor may, when he deems it advisable for the promotion of efficiency in state government, accept vouchers, invoices, document images or signatures on electronic or other appropriate media, as prescribed by rules and regulations of the state auditor;
(v) Issue wire transfers, electronic transfer of funds or other acceptable payment methods, in lieu of warrants, for the payment of goods or services, provided requests for the wire transfers are itemized accounts or vouchers certified under penalty of perjury by the vendor and approved in the same manner and procedure as followed in the preparation of warrant requests as set forth in paragraph (b)(iii) of this section;
(vi) Repealed By Laws 1999, ch. 189, § 2.
(vii) Notwithstanding paragraph (b)(iii) of this section, the state auditor may draw a warrant for prepayment for goods or services when it is beneficial for the state to pay in advance of receipt of the goods or services;
(viii) Employ legal counsel to review contracts entered into by the state auditor in his official capacity and perform other duties as assigned by the state auditor. Nothing in this paragraph prohibits the state auditor from using the services of the attorney general's office;
(ix) Notwithstanding W.S. 27-4-101(b), provide to state employees who are paid through the uniform accounting and payroll system the information required by W.S. 27-4-101(b):
(A) In writing;
(B) By electronic means; or
(C) By any other means which supplies the required information in a form that the employee can retain in written form.
(d) For purposes of any financial investigation or review of any agency program or activity funded in whole or in part with state funds, the attorney general, at the request of the state auditor, may:
(i) Subpoena witnesses to appear before the state auditor for oral examination;
(ii) Require the production or disclosure of any matter relevant to the investigation or review including:
(A) The existence, description, nature, custody, condition and location of any books, documents, records or other tangible material; and
(B) The identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of evidence necessary or related to the financial investigation or review.
(e) If any tangible materials subpoenaed under subsection
(d) of this section are located outside of this state, the person to whom the subpoena is issued shall make the materials available to the state auditor at a convenient location. If any party fails or refuses to obey a subpoena or to provide testimony as required under subsection (d) of this section, the attorney general may, upon reasonable notice to all affected persons, apply to the district court for an order compelling compliance.
(f) Within one hundred eighty (180) days of the issuance of subpoena pursuant to subsection (d) of this section, the attorney general shall disclose to the party or parties investigated that the investigation took place and the reasons for it.
(g) The state auditor shall:
(i) Make a full report of any investigation conducted under subsections (d) and (e) of this section;
(ii) Maintain the report made under paragraph (g)(i) of this section in his files;
(iii) Annually report to the legislature on the number, location by county and general extent of the investigations.
(h) The state auditor shall have the authority to obtain the financial and criminal background of an employee or employment applicant of the state auditor in accordance with W.S. 7-19-106 and 7-19-201.
9-1-404. Specified claims against state to be presented within one year.
Except as provided by the Wyoming Governmental Claims Act, persons having claims against the state shall document the claim and submit it to the state auditor within one (1) year after the claim accrues, to be audited, settled and acted upon.