9-12-1405. Wyoming research and innovation program fund created; authorized expenditures from the fund; rulemaking.
(a) The council shall administer a Wyoming research and innovation program under which matching funds necessary to access federal research and development grant funds or other nonstate funds may be provided as specified in this section. To be eligible to receive funding under the program an entity shall present to the council its proposal to apply for or an existing application for an externally funded grant specific to a priority economic sector identified in the approved twenty (20) year comprehensive economic diversification strategy under W.S. 9-12-1402(a)(iv). The entity shall demonstrate that further research funding from nonstate funds is likely to be provided if funding is provided under this section.
(b) The Wyoming business council, in consultation with the ENDOW executive council and the University of Wyoming shall promulgate rules necessary to carry out the provisions of this section. The rules shall include but not be limited to application procedures, eligibility requirements, the amount of funding which may be provided for any single project, provision for ensuring adequate consideration to the state in exchange for funding any project which does not solely involve a state agency or institution or political subdivision of the state, recapture of funding if the recipient of funds breaches any agreement under the program and prioritization for funding requests. In establishing provisions for adequate consideration to the state, the council may include, but is not limited to, assessment of the following:
(i) The potential for the creation of a high-growth company and number of new jobs created;
(ii) The amount of nonstate or private financing leveraged to be used by the business in Wyoming;
(iii) Potential increase in Wyoming based patents;
(iv) Increase in Wyoming higher education institutions' capacity to respond to new research developments.
9-12-1501. Broadband development program established; purposes; eligibility; definitions.
(a) A broadband funding program is established under the Wyoming business council to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state.
(b) Funds may be provided under this article for the acquisition, deployment and installation of infrastructure that supports broadband service at a minimum of at least twenty-five (25) megabits per second download and three (3) megabits per second upload in residential areas and nine hundred (900) megabits per second download speed and thirty-five (35) megabits per second upload speed in business corridors.
(c) Except as provided in subsection (d) of this section, eligible applicants for funding awarded under this article are public private partnerships which include:
(i) A business entity authorized to be formed under title 17 of the Wyoming statutes, or the laws of another state that are the functional equivalent, which is authorized to transact business in this state and has experience installing broadband infrastructure and providing broadband services in rural areas; and
(ii) A government entity specified in the following:
(A) A city, town, improvement and service district or county or joint powers board;
(B) A tribal government of either the Eastern Shoshone or Northern Arapaho tribes of the Wind River Indian Reservation or the cooperative tribal governing body; or
(C) A state agency as defined by W.S. 9-2-1002(a)(i).
(d) A governmental entity specified in subparagraph (c)(ii)(A) or (B) of this section shall develop a request for proposals, as prescribed by the council, on such a form as may be promulgated by the council, inviting business entities to participate in a project proposed for funding under this article. If no eligible business entity responds to the request for proposal with a proposal meeting the requirements specified, the governmental entity specified in subparagraph (c)(ii)(A) or
(B) may apply individually, or jointly with any other governmental entity specified in subparagraph (c)(ii)(A) or (B) of this section.
(e) As used in this article, until established otherwise by rule of the Wyoming business council pursuant to subsection
(f) of this section, "unserved area" is an area in which there exists no fixed terrestrial broadband service, or in which the maximum fixed terrestrial broadband speed available:
(i) To residential customers is at speeds less than twenty-five (25) megabits per second download and three (3) megabits per second upload;
(ii) To a business corridor within a municipality:
(A) With a population of less than two thousand (2,000), is twenty-five (25) megabits per second download and three (3) megabits per second upload;
(B) With a population of two thousand (2,000) or more, is fifty (50) megabits per second download and five (5) megabits per second upload.
(iii) To a business corridor in an unincorporated area of a county, is twenty-five (25) megabits per second download and three (3) megabits per second upload.
(f) The Wyoming business council may, by rule effective on July 1, 2022, modify the definition of "unserved area" for purposes of this article. The rule shall only modify the definition by providing for upload and download speeds exceeding those specified in subsection (e) of this section as the business council determines appropriate for technological conditions prevailing as of July 1, 2022.
(g) The Wyoming business council shall by rule establish a definition of "business corridor" for purposes of this article. An area shall not be considered a business corridor unless multiple businesses are, or have undertaken permitting, construction or other substantial steps to be, located in proximity to each other.
(h) As used in this article:
(i) "Last-mile" means a broadband project for fixed terrestrial infrastructure, including fixed wireless infrastructure, the primary purpose of which is to provide broadband internet service to end users or end-user devices;
(ii) "Middle-mile" means a broadband project for fiber-optic infrastructure the primary purpose of which is to connect last-mile broadband infrastructure and networks to network service providers.
(a) An eligible applicant shall submit an application to the council on a form prescribed by the council. The council shall develop administrative procedures governing the application and funding process by September 1, 2018. The council shall be responsible for receiving and reviewing applications, entering into contracts and authorizing the distribution of funds under this article, subject to approval by the governor or his designee.
(b) The council shall provide for funding periods not less frequently than biannually. At least thirty (30) days prior to the first day of the funding period for which applications may be submitted, the council shall publish on its official website the specific criteria and any quantitative weighting scheme or scoring system the council will use to evaluate or rank applications.
(c) Funding under this article to a public private partnership shall not require of the partnering business entity:
(i) An open access network;
(ii) Rates, terms and conditions that differ from those the provider offers in its other service areas, except as provided in W.S. 9-12-1510;
(iii) Rate regulation; or
(iv) Time constraints to build which are not technologically feasible.
(a) An applicant for funding under this article shall provide the following information on the application:
(i) The location of the project, including a shapefile depicting the location and boundaries of the proposed project area or, for a middle-mile project, a map depicting the location and endpoints;
(ii) The kind and amount of broadband infrastructure to be deployed for the project, including initial speeds to be achieved and initial price of the service to be provided;
(iii) Evidence regarding the unserved nature of the area where the project is to be located;
(iv) The number of households and businesses passed that will have access to broadband service as a result of the project, or whose broadband service will be upgraded as a result of the project;
(v) Significant community institutions and industries that will benefit from the project;
(vi) Evidence of community support for the project;
(vii) The total cost of the project, including a business plan;
(viii) Sources of funding or in-kind contributions for the project that will supplement any funding under this article, including an examination of any federal grants available to the project. The application shall identify the amount of funding for the project to be provided by each governmental entity and by any business entity participating in the project. Funding provided by any other state source shall be specifically identified;
(ix) Repealed by Laws 2021, ch. 139, § 3.
(x) Repealed by Laws 2021, ch. 139, § 3.
(xi) Acknowledgement by the governing body, and any partnering business entity by a person with legal authority to bind the business entity, that funding may only be provided in accordance with a contract executed in conformance with this article and is subject to availability and approval of distribution of funds;
(xii) If the application is not submitted jointly with a business entity, an account of the request for proposals issued by the governmental entity applying and responses to the request, if any;
(xiii) Additional information requested by the council.
(b) The council may require an applicant to submit additional information to enable the council to properly assess the application for funding. The council may request an applicant to modify an application based on current broadband access in the proposed geographic broadband service area before awarding funding under this article.
(c) The council shall, after providing opportunity for public comment, promulgate rules on or before September 1, 2021 that identify the nature and type of information provided by broadband providers to the council that shall be treated as confidential, trade secret or proprietary and that shall be protected from disclosure to the public. The following information shall not be considered confidential, trade secret or proprietary and shall be subject to disclosure to the public:
(i) Publicly available information;
(ii) The name of a broadband grant applicant and the amount of funding sought in their application;
(iii) Information which is to be publicly posted, provided to other carriers or provided to a legislative committee pursuant to W.S. 9-12-1504(a), 9-12-1507 or any other provision in this article;
(iv) The recipient and the amount of any broadband grant award;
(v) Information supplied by a broadband provider with consent from the provider to treat the supplied information as public information; and
(vi) Information deemed public information by the council after a hearing on the issue.
(a) Within three (3) business days of the close of the funding application process, the council shall publish on its official website the proposed geographic broadband service area and the proposed broadband service speeds for each application submitted and shall notify each broadband provider who is listed with the council as providing broadband service in the proposed project area of the application and proposed project. The notification to each listed broadband provider shall include the shapefile or map submitted by the applicant under W.S. 9-12-1503(a)(i). An existing broadband service provider may, within fourteen (14) business days of publication of the information, submit in writing to the council a challenge to an application. A challenge shall contain information demonstrating that:
(i) The provider currently provides or has begun construction, undertaken permitting or has received, obtained approval for or won an option for other federal or state funding for a project in the proposed geographic broadband service area to provide broadband service comparable to that in the proposed project at speeds equal to or greater than the speeds proposed in the application and with other capabilities and project size comparable to the project proposed in the application; or
(ii) The provider commits to complete construction of broadband infrastructure and provide broadband service comparable to that in the proposed project at speeds equal to or greater than the speeds proposed in the application and with other capabilities and project size comparable to the project proposed in the application no later than eighteen (18) months after the funding determinations are to be made under this section for the application submitted.
(b) The council shall evaluate the information submitted in a provider's challenge under this section, and is prohibited from funding a project if the council determines the provider is currently providing broadband service or the provider's commitment to provide broadband service that meets the requirements of subsection (a) of this section in the proposed project area is credible.
(c) If the council denies funding to an applicant as a result of a broadband service provider's challenge made under this section, and the broadband service provider does not fulfill the provider's commitment to provide broadband service in the project area, the challenging provider is prohibited from applying for funding for a project under this article for the following five (5) years and the council is prohibited from denying funding to an applicant as a result of a challenge by the same broadband service provider for the following five (5) years, unless the council determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control.
(a) In evaluating applications and providing funding under this article, the council shall give highest priority to applications which the council determines are public private partnerships.
(b) In evaluating applications and entering into agreements to provide funding, the council shall give priority to applications that meet one (1) or more of the following criteria, with additional priority given for meeting multiple criteria:
(i) Offer new or substantially upgraded broadband service to important community institutions and businesses;
(ii) Serve economically distressed areas of the state, as measured by indices of unemployment, poverty or population loss that are significantly greater than the statewide average;
(iii) Include a component to actively promote the adoption of the newly available broadband services in the community;
(iv) Provide evidence of strong support for the project from citizens, government, businesses and institutions in the community;
(v) Provide access to broadband service to a greater number of unserved households and businesses;
(vi) Provide comparability to service offered in urban areas, both in speed and pricing by reference to standards published by the Federal Communications Commission;
(vii) Provide access to very high speed broadband service to business districts or other business areas and are likely to secure economic benefits for the surrounding locality;
(viii) Leverage greater amounts of funding for the project from other private and public sources;
(ix) Are for projects that are economically and technologically feasible for expanding broadband access in unserved areas of the state.
(c) The council shall endeavor to award grants under this section to qualified applicants in geographically diverse regions of the state.
(a) Repealed by Laws 2021, ch. 139, § 3.
(b) No single project shall exceed five million dollars ($5,000,000.00) in funding provided under this article.
(c) The council shall, by rule, adopt provisions to ensure that adequate consideration is provided for the expenditure of public funds on projects funded under this article.
(a) By June 30 of each year, following adoption of the state broadband enhancement plan, the council shall publish on its website and provide to the joint minerals, business and economic development interim committee a list of all applications for funding under this article received during the previous year and, for each application:
(i) The results of any quantitative weighting scheme or scoring system the council used to fund the applications;
(ii) The amount of funding requested; and
(iii) The funding provided under this article, if any.
(b) Within ninety (90) days after a project's proposed completion date, the council shall review the project and provide in the report under subsection (a) of this section, its determination of whether the project was completed and services rendered in accordance with the agreement under this article. If the council reports that a project was not completed or services are not being rendered in accordance with an agreement, it shall report actions it has taken to enforce the agreement.
(a) The business council shall, in consultation with the economically needed diversity options for Wyoming (ENDOW) executive council, establish a broadband advisory council consisting of eleven (11) members. One (1) member shall be the state chief information officer or his designee. Remaining members shall be appointed by the council from the public at-large, with geographic diversity and to include diverse interests, including backgrounds in economic development, state or local government entities, broadband providers, technology related businesses, health care, education, library services and public safety. At least one (1) representative of the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation shall be appointed to the advisory council. One (1) senator appointed by the president of the senate and one (1) representative appointed by the speaker of the house shall serve as legislative liaisons to the advisory council. Legislative liaisons shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 when attending meetings of the advisory council. Members of the advisory council shall receive no salary, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties.
(b) The advisory council shall provide advice and make recommendations to the business council on the following subjects:
(i) The development of an inventory and map of current broadband availability, as provided by voluntary submission from broadband providers and derived from other resources, including Federal Communications Commission reports, and identification of areas of the state unserved by broadband technology;
(ii) Needs, practices and technologies for providing broadband services in the most efficient manner possible, to accommodate economic growth, diversification and development, and enhance education opportunities;
(iii) Coordination with the ENDOW executive council, the state chief information officer and local and tribal governmental entities to ensure that state and local policies are conducive to development of broadband services;
(iv) Applications received under this article, as requested by the council;
(v) Propose to the council:
(A) A state broadband enhancement plan, for adoption by the council not later than September 1, 2018;
(B) Not later than March 1, 2020, propose recommended changes to upload and download speeds specified in the definition of unserved areas, including unserved residential and business corridors.
(c) The business council shall, in consultation with the ENDOW executive council and the governor's office, designate an employee of the business council as coordinator of broadband services. The person designated shall have expertise in telecommunications and specifically in the provision of broadband services. As directed by the business council, the coordinator shall staff the broadband advisory council. The coordinator shall, with approval of the business council, accomplish the tasks set forth in paragraphs (b)(i) through (v) of this section and undertake other duties as assigned by the business council in consultation with the governor's office. The business council may contract with a consultant to provide services to the broadband advisory council and to the business council under this act.
(a) The council may fund middle-mile broadband projects upon receiving an application as provided under this article. The provisions of this article shall apply to middle-mile broadband projects except as otherwise provided by this section. The council shall not fund middle-mile broadband projects under this article unless:
(i) There is no middle-mile infrastructure or functional equivalent in the proposed geographic broadband service area to be served by the proposed middle-mile broadband project;
(ii) The middle-mile broadband project does not result in any overbuild of middle-mile broadband infrastructure or the functional equivalent;
(iii) The project enables broadband internet providers to provide or improve last-mile broadband internet service for end users or end user devices in unserved areas;
(iv) The broadband provider receiving funding under this article agrees to ensure that access to any infrastructure created or improved by the project is provided to other broadband providers at reasonable rates;
(v) The broadband provider agrees to:
(A) Allow the council to participate in arbitration of determining reasonable rates in the event of unsuccessful negotiations between the funding recipient and another broadband provider for access to the infrastructure; and
(B) Provide to the council upon the council's request any marketing information based on current leases to assist the council in determining reasonable rates for access to the infrastructure for the project funded under this article. Any information provided under this subparagraph shall be confidential and shall not be disclosed by the council.
(b) The council shall promulgate rules for the funding of middle-mile broadband projects as provided by this section.
(a) As used in this article:
(i) "Anything of value" means:
(A) A pecuniary item, including money or a bank bill or note;
(B) A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money;
(C) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money;
(D) A stock, bond, note or other investment interest in an entity;
(E) A right in action;
(F) A gift, tangible good, chattel or an interest in a gift, tangible good or chattel;
(G) A work of art, antique or collectible;
(H) An automobile or other means of personal transportation;
(J) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest or other beneficial interest in realty;
(K) An honorarium or compensation for services arising out of the person's service as a public official, public member or public employee;
(M) The sale or trade of anything of value:
(I) For reasonable consideration that would ordinarily not be available to a member of the public; or
(II) With a rebate or at a discount in its price, unless the rebate or discount is made in the ordinary course of business to a member of the public, or any group or category thereof, but without regard to that person's status as a public official, public member or public employee.
(N) A promise or offer of employment;
(O) Any other thing of value that is pecuniary or compensatory in value to a person.
(ii) "Anything of value" does not mean a campaign contribution properly received and reported, if reportable, as required under the Wyoming Election Code;
(iii) "Compensation" includes:
(A) An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value; or
(B) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, for services rendered or to be rendered.
(iv) "Compensation" does not include:
(A) Reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses, and if the reimbursement is substantiated by an itemization of expenses; or
(B) Per diem payments or mileage allowances paid by the employing government entity in accordance with applicable law.
(v) "Family member" means an individual:
(A) Who is the spouse, parent, sibling, child, grandparent or grandchild; or
(B) Is a member of the individual's household.
(vi) "Gift" means anything of value to the extent that consideration of equal or greater value is not received, but excludes the following:
(A) Printed informational, educational or promotional material;
(B) A gift that:
(I) Is not used; and
(II) No later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes.
(C) A gift, devise or inheritance from any of the following, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subparagraph:
(I) An individual's spouse;
(II) An individual's child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin;
(III) The spouse of any individual listed in subdivision (II) of this subparagraph;
(IV) Any person, including an organization, which has a bona fide social or private business relationship with the individual, where the circumstances demonstrate that the motivation for the gift arises out of that relationship and not from the recipient's holding of public office or employment. For the purposes of this subdivision, relevant circumstances include but are not limited to the source of funds used by the donor to acquire the gift;
(V) Any person, including an organization, where the gift does result from the person's holding an office or position, but where the gift is of nominal value, is made voluntarily by the donor and is made in recognition of a special occasion, such as marriage, illness or retirement.
(D) A certificate, commemorative token or item, or plaque with a value that does not exceed two hundred fifty dollars ($250.00);
(E) Food and beverage;
(F) Compensation, per diem or other payments or benefits which the public official, public member or public employee receives in the performance of services for the governmental entity;
(G) Repealed By Laws 1999, ch. 140, § 2.
(H) Any loan, gift, gratuity, special discount or hospitality with a value of two hundred fifty dollars ($250.00) or less; or
(J) Travel, registration and lodging for any conference or meeting while attending in his official capacity as a public official, public member or public employee.
(vii) "Local office" means the offices of county commissioner, county treasurer, county assessor, county clerk, county sheriff, county coroner, district attorney, county attorney, clerk of the district court, mayor and member of the council of a municipality, member of the board of trustees of a community college district or a school district and member of a joint powers board or special district. As used in this paragraph "special district" means any special district specified under W.S. 22-29-103(a) and any other corporate district authorized to be formed as a political subdivision under the laws of this state;
(viii) "Negotiating" or "negotiate for employment" means a communication, directly or indirectly, with a prospective employer to discuss rendering services for compensation to that prospective employer;
(ix) "Negotiation for employment" means the period that begins with a communication to a prospective employer to discuss rendering services for compensation to the prospective employer;
(x) "Official responsibility or official capacity" means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct government action;
(xi) "Participation" includes decision, approval, disapproval or vote;
(xii) "Public employee" means any of the following state employees:
(A) The attorney general and the director of any department of the executive branch appointed by the governor under W.S. 9-2-1706, or the director of any legislative agency;
(B) The chief executive officer of any separate operating agency under W.S. 9-2-1704(d), except those listed in paragraphs (d)(vi) and (x) of that section;
(C) To the extent the incumbent in the position serves at the pleasure of persons listed in subparagraphs (A) and (B) of this section, administrators of department or agency divisions, and deputy directors of departments;
(D) Commissioners of the public service commission and members of the state board of equalization;
(E) Deputies and administrators of divisions within the offices of state elected officials under W.S. 9-2-1704(a). The positions, in the governor's office, of chief of staff, attorney for intergovernmental affairs and chief of policy are included within this subparagraph.
(xiii) "Public member" means a member appointed to a part-time position on a state board, commission or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services. The term includes a member of the board of trustees of the University of Wyoming and the community college commission. The term does not include a public member of an advisory board, advisory commission or advisory council;
(xiv) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in a state or local office, whether or not the individual has yet assumed the office;
(xv) "State entity" means a state agency, office, department, division, bureau, board, commission or council, including the legislature, Wyoming community development authority and Wyoming science, technology and energy authority. The term does not include a court or an agency in the judicial branch;
(xvi) "State office" means the state offices of governor, treasurer, superintendent of public instruction, auditor, secretary of state and member of the state legislature;
(xvii) "This act" means W.S. 9-13-101 through 9-13-109.
9-13-103. Use of title and prestige of public office.
(a) No public official, public member or public employee shall use his office or position for his private benefit.
(b) As used in this section, "private benefit" means the receipt by the public official, public member or public employee of a gift which resulted from his holding that office.
(a) No public official, public member or public employee shall advocate or cause the employment, appointment, promotion, transfer or advancement of a family member to an office or position of the state, a county, municipality or a school district. A public official, public member or public employee shall not supervise or manage a family member who is in an office or position of the state, a county, municipality or school district.
(b) A public official, public member or public employee, acting in his official capacity, shall not participate in his official responsibility or capacity regarding a matter relating to the employment or discipline of a family member.
(a) A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for his private benefit or that of another unless the use is authorized by law.
(b) A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for political or campaign activity unless the use is:
(i) Authorized by law; or
(ii) Properly incidental to another activity required or authorized by law and the public official, public employee or public member allocates and reimburses the governmental entity for any additional costs incurred for that portion of the activity not required or authorized by law.
(c) A public official, public employee or public member shall not disseminate to another person official information which the public official, public employee or public member obtains through or in connection with his position, unless the information is available to the general public or unless the dissemination is authorized by law.
(a) A public official, public member or public employee shall not make an official decision or vote on an official decision if the public official, public member or public employee has a personal or private interest in the matter. In determining whether he has a personal or private interest in a matter the public official shall recognize the importance of his right to represent his constituency and shall abstain from voting only in clear cases of a personal or private interest as defined in this subsection. A public official or public member shall not vote to give money or any direct financial benefit to himself except for tax reductions affecting the general public. For the purposes of this section, a personal or private interest:
(i) Is, with respect to the public official, public employee or public member, an interest which is direct and immediate as opposed to speculative and remote; and
(ii) Is an interest that provides the public official, public employee or public member, a greater benefit or a lesser detriment than it does for a large or substantial group or class of persons who are similarly situated.
(b) A public official, public member or public employee described by subsection (a) of this section shall abstain from voting on the decision and from making any official decision in the matter. The public official's, public member's or public employee's abstention from voting must be recorded in the governmental entity's official records.
(c) This section shall not be construed to supersede W.S. 15-9-220, 16-6-118 or 16-9-203(f). Those provisions shall control to the extent inconsistent with this section.
9-13-107. Actions taken while negotiating for employment.
A public official, public member or public employee may not vote or take an official action in a matter affecting a person with whom the public official, public member or public employee is negotiating for prospective employment.
(a) Not later than January 31 annually, each of the state's five (5) elected officials and each member of the Wyoming legislature shall file a financial disclosure form with the secretary of state. The form shall be signed by the elected official or legislator filing it and under a certification that it is accurate. Except as otherwise provided in this subsection, the financial disclosure form shall contain the following information current as of January 15 of that year:
(i) A list of all offices, directorships and salaried employment held by the person filing the form in any business enterprise, but excluding offices and directorships in a nonprofit corporation where no compensation is received for service;
(ii) A list generally describing the sources of, but not the amount of, the member's income;
(iii) A list of all state entities the person, or the person's business enterprise in which the person owns ten percent (10%) or more interest, has a contract with for services and supplies in an amount greater than five thousand dollars ($5,000.00). The list shall include all contracts subject to this paragraph entered into by the elected official or legislator on and after January 15 of the prior year. For each contract, this list shall include the name and address of the business enterprise, if applicable, and state entity, the type and description of the contract and the effective date and term of the contract. For purposes of this paragraph "state entity" as defined in W.S. 9-13-102(a)(xv) shall include a court or an agency in the judicial branch.
(b) Forms may be submitted by facsimile transmission under the same terms and conditions specified for campaign reports under W.S. 22-25-106. For the purposes of this section, "salaried employment" means an employment relationship under which the employee is compensated, at least in part, by payment of a specified dollar amount for each month, or longer period, of service.
(c) The disclosure form shall be as prescribed by the secretary of state but in substantially the following form: "State Elected Official Financial Disclosure Form Name of Official: Office held: Business address: Business phone number: Home address: Home phone number: I. Offices, directorships and employment a. Offices held in business enterprises (includes partnerships) Office Name and address of business enterprise b. Directorships held in business enterprises Name and address of business enterprise c. Salaried employment Job Title Name and address of business enterprise II. Sources of income a. Employment Name and address of Employer b. Business interests Name and address of all business entities but excluding interests if less than ten percent (10%) of the entity is owned, or sole proprietorship from which income is earned, or describe generally c. Investments Income earned Yes No i. Any security or interest earnings ___ ___ ii. Real estate, leases, royalties ___ ___ d. Other (Describe generally) III. Contracts a. Name and address of business enterprise, if applicable b. Name and address of state entity c. Type, description, date and term of contract".
(a) Any person who violates this act is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00).
(b) Violation of any provision of this act constitutes sufficient cause for termination of a public employee's employment or for removal of a public official or public member from his office or position.
(c) If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.
The attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms. The attorney general is directed to advance arguments that protect the constitutional right to bear arms. Before intervening in any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.
(a) The legislature finds:
(i) Rules enacted and other actions taken by a federal agency in excess of authority authorized by the United States congress acting within its powers under the United States constitution violate the constitution;
(ii) The federal environmental protection agency has increasingly expanded its rulemaking authority granted by the United States congress;
(iii) Current rulemaking and other actions of the federal environmental protection agency have severely impacted the ability of the state and its citizens to prudently develop the state's natural resources;
(iv) The federal occupational safety and health administration has expanded its regulation of highly hazardous chemicals on questionable authority;
(v) When rulemaking and other actions of the federal environmental protection agency or the federal occupational safety and health administration rest on questionable congressional authority the state is authorized to protect its interests and the interests of its citizens and should challenge those actions, including unlawful rulemaking.
(b) The legislature declares it is the state's policy to vigorously defend its interests and those of its citizens against rulemaking and other actions of the federal environmental protection agency or the federal occupational safety and health administration which are not authorized by the United States congress or which rest upon questionable authority.
(c) The attorney general may seek to take action before the federal environmental protection agency, the federal occupational safety and health administration or in any state or federal court to stop the enforcement, administration or implementation of rulemaking or other actions taken by those agencies if, in his judgment, the rulemaking or other action exceeds the authority granted by the United States congress or otherwise rests on questionable authority. Before intervening in or initiating any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.
(a) As used in this section:
(i) "COVID-19" means as defined by W.S. 1-1-141(a)(ii);
(ii) "COVID-19 vaccination" means any vaccine that is marketed to prevent COVID-19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID-19;
(iii) "Public entity" means as defined by W.S. 16-6-101(a)(viii) except that "public entity" does not include an entity receiving federal funding that by complying with subsection (b) of this section would lose that federal funding.
(b) No public entity shall enforce any mandate or standard of the federal government, whether emergency, temporary or permanent, that requires an employer to ensure or mandate that an employee shall receive a COVID-19 vaccination.
(c) Except as otherwise provided in this section, to the extent that this section conflicts with a federal law, regulation, rule, standard or order, subsection (b) of this section shall not be enforced after the federal law, regulation, rule, standard or order takes legal effect that requires Wyoming employers to comply with a federal COVID-19 vaccine requirement or mandate.
(d) Notwithstanding subsection (c) of this section, subsection (b) of this section shall be enforceable during any period in which the federal law, regulation, rule, standard or order is subject to a federal judicial stay applicable in Wyoming or is otherwise repealed, withdrawn, superseded or declared by a federal court of competent jurisdiction to be unlawful or unenforceable.
(a) The Second Amendment Protection Act is enacted under the authority of the second and tenth amendments to the United States Constitution, article 1, section 24 of the Wyoming Constitution, Wyoming's agreement with the United States that the state adopted when it joined the Union under the United States Constitution's system of dual sovereignty, and Printz v. United States, 521 U.S. 898 (1997).
(b) The legislature further declares that the authority for W.S. 9-14-201 through 9-14-203 is provided by the findings in W.S. 6-8-406.
regulation of firearms, firearm accessories, magazines and ammunition; penalties; defense of Wyoming citizens.
(a) This state and all political subdivisions of this state are prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming or any other source of funds that originated within the state of Wyoming to enforce, administer or cooperate with any unconstitutional act, law, treaty, executive order, rule or regulation of the United States government that infringes on or impedes the free exercise of individual rights guaranteed under the Second Amendment of the Constitution of the United States.
(b) Nothing in this act shall limit or restrict a public officer, as defined in W.S. 6-5-101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit Wyoming governmental entities from accepting federal funds for law enforcement purposes.
(c) Any public officer, as defined in W.S. 6-5-101(a)(v), who knowingly violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.
9-14-302. Prohibiting the implementation or enforcement of a red flag gun seizure, preempting local law, penalties.
(a) For purposes of this act:
(i) "Red flag gun seizure" means a federal statute, rule, executive order, judicial order or judicial finding or any state statute, rule, executive order, judicial order or judicial finding that does any of the following:
(A) Prohibits a specific person from owning, possessing, transporting, transferring or receiving a firearm, ammunition or related accessories unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6-2-510(b)(ii) or 6-2-511(b)(ii), is a fugitive from justice under 7-3-213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7-3-508, 7-3-509, 35-21-104, 35-21-105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25-10-110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23-6-208; or
(B) Orders the removal or requires the surrender of a firearm, ammunition or related accessories from a specific person unless the person has been convicted of a felony crime, is currently adjudicated to be legally incompetent, has been committed to a mental institution, is an alien who is illegally or unlawfully in the state of Wyoming, has been dishonorably discharged from a branch of the armed forces of the United States, has been convicted of a crime listed under W.S. 6-2-510(b)(ii) or 6-2-511(b)(ii), is a fugitive from justice under 7-3-213, is subject to an order of protection prohibiting firearms pursuant to W.S. 7-3-508, 7-3-509, 35-21-104, 35-21-105 or a substantially similar law of another jurisdiction, is ordered not to possess a firearm, ammunition or related accessories as a condition of bond, parole or probation, is subject to an order of involuntary hospitalization under W.S. 25-10-110 or is subject to an order to seize a firearm, ammunition or related accessories under W.S. 23-6-208.
(ii) "This act" means W.S. 9-14-301 through 9-14-303.
(b) The state of Wyoming, including any agency or any political subdivision in the state, shall be prohibited from implementing or enforcing any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming.
(c) This state and any agency or any political subdivision, including any law enforcement agency, in the state of Wyoming shall be prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming, any other source of funds that originated within the state of Wyoming or accepting any federal funds to implement any federal statute, rule, executive order, judicial order or judicial findings or any state statute, rule, executive order, judicial order or judicial findings that would enforce a red flag gun seizure order against or upon a resident of Wyoming. Nothing in this section shall be construed to prohibit Wyoming officials from accepting aid from federal officials to enforce any Wyoming law not in conflict with this act.
(d) This act shall preempt any local law, ordinance or regulation regarding a red flag gun seizure order or any other law, ordinance or regulation that may conflict with any provision of this act.
(e) Nothing in this act shall be construed to prohibit or prevent a firearm, firearm accessory or ammunition from being seized as evidence or collected by law enforcement in the course of a lawful investigation.
(a) Any agency of the state, political subdivision or law enforcement agency that employs any public officer or peace officer, as defined in W.S. 7-2-101(a)(iv), who knowingly violates any provision of this act and enforces a red flag gun seizure against any resident of the state of Wyoming while acting within the scope of their employment shall be liable to the injured party for damages resulting from the public officer's or peace officer's conduct in a civil action before the district court in which county the red flag gun seizure was enforced. The court, upon a finding of a violation of this act, may impose a civil penalty against the agency or political subdivision in an amount not to exceed fifty thousand dollars ($50,000.00) per violation and may order any injunctive or other equitable relief as permitted by law. The court shall hold a hearing on a motion for injunctive or equitable relief of a red flag gun seizure within thirty (30) days of service of the petition.
(b) An interested party may bring a civil action to enforce the provisions of this act. The district court may order injunctive or other equitable relief, recovery of damages or other legal remedies permitted by law and payment of reasonable attorney fees.
(c) In any action brought under subsection (b) of this section, the court may award the prevailing party, other than the state of Wyoming or any political subdivision of the state, reasonable attorney fees. Sovereign immunity shall not be an affirmative defense in any action pursuant to this section.
(d) Any person who knowingly violates any provision of this act is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.
(a) As used in this act:
(i) "Assign" or "assignment" means a policy, process or practice that labels, links or otherwise associates a firearms or ammunition code with a merchant or payment card transaction in a manner that allows any entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale or purchase of firearms or ammunition;
(ii) "Customer" means any person engaged in a payment card transaction;
(iii) "Disclosure" means the transfer, publication or distribution of protected financial information to another person or entity for any purpose other than to process or facilitate a payment card transaction;
(iv) "Financial record" means a financial record held by a merchant servicer related to a payment card transaction that the merchant servicer has processed or facilitated;
(v) "Firearms code" means any code or other indicator that a merchant servicer assigns to a merchant or to a payment card transaction that identifies whether a merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or ammunition. The term "firearms code" includes, but is not limited to, a merchant category code assigned to a retailer by a payment card network or other merchant servicer;
(vi) "Firearms retailer" means any person engaged in the lawful business of selling or trading firearms or ammunition to be used in firearms;
(vii) "Government entity" means any county or municipality, or state board, commission, agency, bureau, department or any other political subdivision of the state;
(viii) "Protected financial information" means any record of a sale, purchase, return or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted or grouped based on the assignment of a firearms code;
(ix) "Merchant category code" means classification codes assigned by a merchant processor to merchants or payees that accept its payment cards to classify the goods or services provided or furnished by a merchant or payee;
(x) "Merchant servicer" means a payment settlement entity, merchant acquiring entity or third party settlement organization as defined by 26 U.S.C. 6050W or any other entity that specifically assigns a merchant category code for use in a payment card transaction;
(xi) "This act" means W.S. 9-14-401 through 9-14-404.
9-14-403. Prohibitions on data collection and use.
(a) No state governmental agency or local government, special district or other political subdivision or official, agent or employee of the state or other governmental entity or any other person, public or private, shall knowingly or willfully keep or cause to be kept any list, record or registry of privately owned firearms or any list, record or registry of the owners of those firearms created or maintained through the use of a firearms code. This subsection shall not apply to any financial institution that is not a merchant servicer or to any record maintained in the ordinary course of business of any financial institution or federal firearm licensee as required by 18 U.S.C. 922.
(b) No merchant servicer shall require the usage of or assign a firearms code or other merchant category code to any merchant located in Wyoming that is a seller of firearms, firearm accessories or ammunition.
(c) Nothing in this act shall be construed to prohibit or prevent accurate firearm record keeping for any firearm involved in a law enforcement investigation, or any firearm lawfully seized or collected pursuant to a law enforcement investigation.
(a) The attorney general may investigate alleged violations of this act and, upon finding a violation, shall provide written notice to any person or entity, public or private, believed to be in violation of this act. Upon receipt of written notice from the attorney general, the person or entity shall have thirty (30) days to cease the usage of a firearms, firearm accessories or ammunition merchant code for any Wyoming merchant.
(b) If the person or entity fails to cease the usage of a firearms, firearm accessories or ammunition merchant code for any merchant located in Wyoming after the expiration of thirty (30) days from the receipt of the written notice by the attorney general's office, the attorney general may pursue an injunction against any person or entity, public or private, alleged to be in violation of this act. A court may order an injunction, in addition to any other relief, as the court may consider appropriate.
(c) It shall not be a defense to a civil action filed under this act that information was disclosed to a federal government entity unless the disclosure or action is required by federal law or regulation.
(a) The Natural Resource Protection Act is enacted under the authority of the tenth amendment to the United States constitution and Wyoming's agreement with the United States that the state adopted when it joined the union under the United States constitution's system of dual sovereignty.
(b) The legislature finds and declares:
(i) The federal government shall comply with federal law when administering federal lands;
(ii) The federal government arbitrarily restricting significant amounts of federal lands from public use is contrary to managing federal land under principles of multiple use and sustained yield;
(iii) Any failure by the federal government to abide by the law undermines the rule of law that is vital to our system of government.
9-14-503. Prohibiting the use of state resources for
enforcement of federal regulations regarding federal land management.
(a) Upon a determination by the governor, with advice from the attorney general, that an executive order, final rule or regulation of the federal government does not comply with federal laws regarding federal land management and upon providing notice, this state and all political subdivisions of this state shall not use any personnel, funds appropriated by the legislature or any other source of funds that originate within the state of Wyoming to enforce or administer that federal executive order, final rule or regulation. The governor may make exceptions to the implementation of this subsection to preserve any valid primacy agreement with a federal agency if the governor believes the net effect of this exception is to reduce the adverse impact of federal regulations on this state. The governor shall not revoke a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful.
(b) Nothing in this act shall limit or restrict a public officer, as defined by W.S. 6-5-101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.
9-14-601. Central bank digital currency; prohibition; definitions.
(a) No state agency shall require payment in the form of a central bank digital currency for any government service, or for the payment of any taxes or fees.
(b) No state agency shall use public funds to assist in any manner in the testing, adoption or implementation of a central bank digital currency.
(c) As used in this article:
(i) "Central bank digital currency" means a digital medium of exchange, token or monetary unit of account issued directly by the United States federal reserve system or any analogous federal agency;
(ii) "State agency" means the state of Wyoming or any of its branches, agencies, departments, boards, instrumentalities or institutions.
(a) The state and its political subdivisions shall not compel or require an employee to refer to another employee using that employee's preferred pronouns:
(i) As a condition of continuing or commencing employment or contracting with the state or a political subdivision;
(ii) As a condition of receiving a grant, loan, permit, contract, license or other benefit afforded by the state or a political subdivision; or
(iii) Under threat of adverse action by the state or a political subdivision, including but not limited to an adverse employment action, exclusion, sanction or punishment.
(b) Any person aggrieved by a violation of subsection (a) of this section may file a civil action in any court of competent jurisdiction against the state or any political subdivision, and its employees acting in their official capacities, responsible for the violation to seek injunctive or declaratory relief.
(a) As used in this chapter:
(i) "Board" means the Wyoming wildlife and natural resource trust account board created by W.S. 9-15-104;
(ii) "Income account" means the Wyoming wildlife and natural resource trust income account created by W.S. 9-15-103(b);
(iii) "Large project" means a project for which the total of all grants sought or previously awarded under this act equals or exceeds four hundred thousand dollars ($400,000.00);
(iv) "Natural resource heritage" means renewable natural resources managed under a balanced stewardship that provides for the optimization of social, economic and cultural benefits for the citizens of Wyoming;
(v) "Select committee" means the select natural resource funding committee created by W.S. 28-11-401;
(vi) "Small project" means a project for which the total of all grants sought or previously awarded under this act is less than four hundred thousand dollars ($400,000.00);
(vii) "Trust account" means the Wyoming wildlife and natural resource trust account created by W.S. 9-15-103(a);
(viii) "This act" means W.S. 9-15-101 through 9-15-107.