9-2-2607. Confidentiality of information; disclosure; reimbursement.
(a) Except as otherwise provided, information maintained pursuant to this article shall not be disclosed in a manner which reveals the identity of the employing unit or the individual. The confidentiality limitations of this section do not apply to transfers of information to the employing unit or the individual when the employing unit or individual who provided the requested information gives written permission for its release, or between the divisions of the department of workforce services so long as the transfer of information is not restricted by federal law, rule or contract. Any employee of the requesting department or agency who discloses information outside of the department in violation of federal or state law may be terminated without progressive discipline.
(b) The department may, upon request, disclose any information obtained under this article to a director or agency head, or his designee or agent, in the executive branch of federal or state government to be used by the public official only for official business in connection with the administration of a law or in the enforcement of a law by that public official. The requesting agency shall reimburse the department for the cost of furnishing this information unless the cost is insignificant. Any employee of the requesting department or agency who discloses information outside of the department in violation of federal or state law may be terminated without progressive discipline.
(a) The department of workforce services shall administer a program of workplace safety contracts as provided in this section.
(b) Upon application from a public or private employer, the department may contract with an employer to take specific actions to increase and provide for effective participation in workplace safety programs created and administered under title 27, chapter 11 or 14 of Wyoming statutes. Contract recipients under this section shall:
(i) Document the number of employees covered under the workplace safety programs created or enhanced by the contract;
(ii) Document decreases in occupational hazards accomplished through participation in the workplace safety programs.
(c) The department shall promulgate rules and regulations for administration of the contract program provided in this section. Contracts under this section shall be conditioned on the following:
(i) The recipient of the contract initiating or participating in a workplace safety program created and administered under title 27, chapter 11 or 14 of Wyoming statutes;
(ii) An in-cash cost sharing contribution of at least ten percent (10%) from the employer;
(iii) No contract under this program shall be made to any individual employer in excess of ten thousand dollars ($10,000.00);
(iv) Funds expended on contracts under this section shall be used solely for enhancement or implementation of workplace safety programs, including for assistance in the purchase of safety equipment necessary to carry out the programs created and administered under title 27, chapter 11 or 14 of Wyoming statutes.
(d) Repealed by Laws 2018, ch. 29, § 2.
(a) The Wyoming Workforce Development-Priority Economic Sector Partnership Act is created to meet the training needs of existing businesses in the state and to provide incentives to businesses to locate and expand within the state through government assisted new jobs training.
(b) It is the intent of the legislature to provide training funds to train and educate employees, which will result in the production of high wage and high skilled jobs that will increase the earning potential and employment opportunities for Wyoming employees and enhance and diversify the state's economy.
(a) As used in this act:
(i) "Applicant" means an employer seeking funding under this act;
(ii) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity;
(iii) "Department" means the department of workforce services created in W.S. 9-2-2018;
(iv) "ENDOW council" means the economically needed diversity options for Wyoming executive council;
(v) "Eligible training provider" means:
(A) The University of Wyoming;
(B) A Wyoming community college district;
(C) An entity operated by a tribal government of either the Northern Arapaho or Eastern Shoshone tribes on the Wind River Indian Reservation;
(D) An entity approved to provide workforce training that is included on the eligible training provider list.
(vi) "Eligible training provider list" means the list maintained by the department of those eligible training providers who may be used to provide workforce training under this act;
(vii) "Employee" means an individual employed in a new job;
(viii) "Employer" means an individual or business entity providing new jobs and entering into a contract under this act;
(ix) "Full-time job" means a predominantly year-round position requiring an average of at least thirty-five (35) hours of work each week;
(x) "New job" means a newly created full-time or part-time job in a priority economic sector business. The term does not include:
(A) Jobs for recalled employees returning to positions held previously, for replacement employees, or for employees newly hired as a result of a labor dispute, seasonal jobs, or other jobs that previously existed within the employment of the employer in the state; or
(B) Jobs created by an employer as the result of an acquisition of a Wyoming entity if those jobs previously existed in the state of Wyoming in the acquired company or entity unless it is demonstrated that the jobs:
(I) Are substantially different as a result of the acquisition; and
(II) Will require new training for the employee to meet new job requirements.
(xi) "Part-time job" means a predominantly year-round position requiring an average of twenty-five (25) to thirty-four (34) hours of work each week;
(xii) "Priority economic sector business" means an employer engaged in establishing or expanding operations within a priority economic sector identified in the twenty (20) year comprehensive economic diversification strategy approved by the governor pursuant to W.S. 9-12-1402 in Wyoming that through the employment of knowledge or labor add value to a product, process or export service that results in the creation of new wealth;
(xiii) "Program" means a workforce training program implemented in accordance with the provisions of this act;
(xiv) "Program costs" means all necessary and incidental costs of providing program services. The term does not include the cost of equipment to be owned or used by the eligible training provider beyond the term of the contract with the department unless the eligible training provider is an entity specified in subparagraphs (v)(A) through (C) of this subsection and the department determines the equipment likely will be used to provide subsequent training in a priority economic sector program under this act or other program funded by the department;
(xv) "Program services" means training and education specifically directed to the new jobs, including:
(A) All direct training costs, such as:
(I) Program promotion;
(II) Instructor wages, per diem and travel;
(III) Curriculum development and training materials;
(IV) Lease of training equipment and training space;
(V) Purchase of training equipment subject to the limitations provided in paragraph (xiv) of this subsection;
(VI) Miscellaneous direct training costs;
(VII) Administrative costs; and
(VIII) Assessment and testing.
(B) In-house or on-the-job training; and
(C) Subcontracted services with eligible training providers.
(xvi) "Wyoming workforce development-priority economic sector partnership subaccount" or "subaccount" means the subaccount created in W.S. 9-12-1404(a)(iii);
(xvii) "Wyoming workforce development-priority economic sector partnership program" means the workforce training program authorized by this act;
(xviii) "This act" means W.S. 9-2-2609 through 9-2-2611.
9-2-2611. Priority economic sector business workforce training programs; eligibility.
(a) The department, in consultation with the coordinator of economic diversification shall administer the Wyoming workforce development-priority economic sector partnership program. Using available monies within the Wyoming workforce development-priority economic sector partnership subaccount, the department may contract to provide training funds for education or skills based training for employees for priority economic sector businesses in new jobs. The funds shall be provided to eligible training providers in accordance with contracts between the department, priority economic sector business employers and eligible training providers, for the purpose of providing employees with education and training required for jobs in new or expanding priority economic sector businesses in the state.
(b) To be eligible for funding under the Wyoming employer-workforce partnership program, an applicant shall demonstrate that it is a priority economic sector business.
(c) An applicant shall provide a match of at least one dollar ($1.00) for every one dollar ($1.00) requested from the subaccount. The match may include new loans and investments and expenditures for direct project related costs such as new equipment and buildings. The department may consider recent purchases of fixed assets directly related to the proposal on a case-by-case basis. A purchase of fixed assets directly related to the proposed training activities that have been made within ninety (90) days after submission of the application may be considered eligible by the department.
(d) Except as provided in subsection (e) of this section, funding provided under this section may not exceed five thousand dollars ($5,000.00) for each full-time position and two thousand five hundred dollars ($2,500.00) for each part-time position for which an employee is being trained. Funding may be provided only for a new job that has an average weekly wage that meets or exceeds the current average weekly wage of the county in which the employees are to be principally employed, provided minimum wage requirements are met. The department may consider the value of employee benefits in calculating the expected annual wage.
(e) The department may, in exceptional circumstances, consider a higher funding ceiling for jobs that will pay high wages and benefits if the need for higher training costs is documented in the application.
(f) Funding under this section shall be proportional to the number of jobs provided, the expected average annual wage of all jobs provided, and the underlying economic indicators of the region where the majority of the jobs will be created.
(g) Funding ceilings shall be determined by the availability of funding, the cost for each job and the quality of the priority economic sector business proposal.
(h) The funding application, at a minimum, shall contain:
(i) A business plan containing information that is sufficient for the department to obtain an adequate understanding of the business to be assisted, including the products or services offered, estimated market potential, management experience of principals, current financial position, and details of the proposed venture. In lieu of a business plan, the department may consider a copy of the current loan application to entities such as the federal business and industry guarantee program or the small business administration;
(ii) Financial statements and projections for the two (2) most recent years of operation and projections for each of the two (2) years following the distribution of funds, including but not limited to balance sheets, profit and loss statements, and cash flow statements. A business operating for less than two (2) years shall provide all available financial statements. Information provided under this paragraph shall be considered confidential and not subject to inspection as provided by W.S. 16-4-203(a)(i);
(iii) A hiring and training plan, which shall include:
(A) A breakdown of the jobs to be created or retained, including the number and type of jobs that are full-time, part-time, skilled, semiskilled or unskilled positions;
(B) A timetable for creating the positions and the total number of employees to be hired;
(C) An assurance that the business will comply with equal opportunity and nondiscrimination laws;
(D) Procedures for outreach, recruitment, screening, training and placement of employees;
(E) A description of the training curriculum and resources;
(F) Written commitments from any agency or organization participating in the implementation of the hiring plan; and
(G) A description of the type and method of training to be provided to employees, the starting wage and wages to be paid after training for each position, the job benefits to be paid or provided, and any payment to eligible training providers.
(j) A contract under this act shall contain provisions:
(i) Certifying that the amount of the funding already expended, together with interest at a rate of four percent (4%) per annum compounded annually from the date the matching funds were provided, will be reimbursed in the event that the priority economic sector business ceases operation in the state of Wyoming within the funding contract period, which may be up to two (2) years;
(ii) Specifying that funding will be provided over the contract period only upon the department verifying the creation of eligible jobs, the hiring of employees for the jobs or the incurring of eligible training expenses; and
(iii) Providing the department with annual reports and a final closeout report that documents the wages paid to an employee upon completion of the training.
(k) The contract shall be signed by the person in the priority economic sector business who is assigned the duties and responsibilities for training and the overall success of the program and by the business's chief executive.
(m) The Wyoming business council shall assist the department with review of information provided under paragraphs (h)(i) and (ii) of this section, as requested by the department. If the department determines that an applicant meets the criteria established in this section and has complied with the applicable procedures and review processes established by the department, the department may recommend funding for a priority economic sector business workforce development program and the disbursement of funds under contract to the eligible training provider. The recipient eligible training provider shall use funds received under the program in accordance with the provisions of the contract. No funding shall be provided for any program without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therein. Upon recommendation of the department, certification by the attorney general, and approval by the governor or his designee, funding from the Wyoming workforce development-priority economic sector partnership subaccount may be distributed to the eligible training provider.
(n) The department shall provide employers assistance in accessing workforce and education services outside the scope of this act for which employees may be eligible. These additional services shall not be used to replace funding provided under this act after the contract has been finalized.
(o) The department shall:
(i) Adopt rules to implement this act. At minimum the rules shall establish application procedures, requirements and qualifications for funding under this act. The rules may include provisions for agreements as the department determines consistent with this act and appropriate or necessary to ensure adequate consideration is provided to the state for funding under this act;
(ii) Report annually to the joint appropriations committee on the expenditures made from the Wyoming workforce development-priority economic sector partnership subaccount in the preceding fiscal year and the results of each partnership project's activities.
(a) The legislature hereby finds that the state of Wyoming has significant problems stemming from the abuse of alcohol and other drugs. In order to confront this challenge it is necessary to implement a comprehensive, integrated substance abuse control plan.
(b) The department of health shall, in consultation with the department of education, department of family services, department of workforce services and department of corrections adopt rules and regulations establishing standards for the effective treatment and prevention of substance abuse. The rules shall be adopted by December 31, 2002, and shall include standards for providers, programs and facilities. The rules shall include procedures for data collection and analysis, protocols for testing and methods of measuring outcomes. The rules shall require the use of best practices, establish the means for determining priorities for treatment and prevention services, set standards for managing wait lists of patients and establish standards for cross training and continuing education of personnel. The rules shall specify certification requirements for programs, providers and facilities. The rules and regulations shall establish a process for denying continued funding for programs or providers who fail to comply with certification requirements established under this section. The rules and regulations establishing standards for treatment programs in state correctional facilities and the secure facilities authorized under W.S. 9-2-2704 shall be promulgated by the department of corrections, in consultation with the department of health, department of education, department of family services and department of workforce services no later than December 31, 2002.
(c) The department of health shall certify programs, providers and facilities which meet the requirements of the rules and regulations adopted under subsection (b) of this section provided the department of corrections and department of health shall certify programs in state correctional facilities and the secure treatment facilities authorized pursuant to W.S. 9-2-2704. Beginning July 1, 2004, no state funds provided for substance abuse treatment shall be allocated to programs, providers or facilities which are not certified by the department of health. Beginning July 1, 2004, courts shall not refer individuals for substance abuse or related treatment to programs, providers or facilities which are not certified to provide those services for which the individual is referred.
(d) The department of health shall have the authority to contract with a private entity to conduct compliance reviews, quality assurance checks and other related services.
(e) The department of health may allow exceptions to the requirements of rules adopted pursuant to subsection (b) of this section relating to the use of best practices to permit bona fide research to develop new effective treatment, intervention and prevention.
(f) Repealed by Laws 2015, ch. 59, § 2.
(a) As used in this act:
(i) "Best practices" means intentional methods, procedures or systems that produce consistent, cost-effective prevention or treatment outcomes, which have been validated in replicated randomized control group studies or high quality time series studies, published or reported in reputable scholarly sources. In the absence of high quality research studies, a practice or approach may be selected on the basis of the consensus of prevailing scientific opinion or theory-based procedures published in peer-reviewed journals, until the best practices data are available;
(ii) "Cross training" means acquisition of skills to implement or use prevention, intervention or treatment procedures from different roles, disciplines or perspectives with the intent of improving overall, effective treatment or prevention outcomes. Cross training does not include the acquisition of licensure in another discipline;
(iii) "Patient" means any individual or client for whom confidential medical or psychological records are kept as a part of the provision of treatment or prevention services;
(iv) "Programs and facilities" means coordinated and planned activities or services that receive financial consideration from any source including third party payments or grants for the provision of treatment of prevention services and scientifically related problems, provided however, the term does not include public workshops, public speeches, courses or workshops not holding themselves out as intending to provide therapeutic services;
(v) "Provider" means any individual, partnership, corporation or organization that receives financial consideration from any source including third party payments or grants for the purpose of treatment or prevention services targeting substance abuse or other scientifically related problems such as delinquency, school failure, mental illness or criminal behavior;
(vi) "Therapeutic community" means a comprehensive, research based method of substance abuse and cognitive behavioral treatment, effectively preparing the client for reentry into society;
(vii) "This act" means W.S 9-2-2701 through 9-2-2704.
(a) The department of corrections is authorized to contract with an entity for the provision of secure substance abuse treatment in Wyoming for persons in the custody of the department of corrections subject to the following:
(i) The entity providing the treatment and the facility where it is provided shall be selected in a competitive process following a request for proposals issued by the department of corrections. The proposal selected shall best serve the interests of the state of Wyoming and shall be evaluated by the department of corrections and the department of health on the basis of:
(A) Cost determined by the per diem cost to the state for inmates treated plus other costs incurred by the state;
(B) The quality and appropriateness of the treatment proposed to be provided including the extent to which an effective therapeutic community will be formed within the facility;
(C) The relevant experience of the entity providing the treatment;
(D) The security of the facility;
(E) The location of the proposed facility and the compliance of the location with local zoning and land use planning;
(F) The speed with which the proposed facility can be made available for use;
(G) Arrangements for transporting prisoners to and from the facility; and
(H) Any other factors the department of corrections deems relevant as determined by rules adopted by the department of corrections.
(ii) The contract shall be for a period specified in the contract which shall not exceed ten (10) years;
(iii) The contract shall state that the department of corrections may terminate the contract due to:
(A) Unsatisfactory performance by the entity;
(B) For breach of contract; or
(C) Failure of the department of corrections to receive an adequate appropriation.
(iv) After an initial period specified in the contract the entity may terminate the contract for failure to receive an adequate reimbursement for the services provided. The contract shall contain a mechanism for negotiating an increase in reimbursement due to inflation in costs or changes in programming, but the increase shall be subject to the availability of appropriations;
(v) The contract shall provide that the entity has the right to return to the department of corrections at an institution identified by the department any inmate who:
(A) Poses an undue danger to other inmates or the staff;
(B) Fails to obey the rules of the program; or
(C) Is unwilling or unable to participate in the treatment program or does not make a good faith effort to progress in the treatment program.
(b) The initial facility shall be for one hundred (100) beds to be contracted by the state of Wyoming. The facility may, with the consent of the department of corrections, have other beds for inmates from other governmental jurisdictions.
(c) The department of corrections may subsequently make a long term contract for additional treatment beds at the initial or additional facilities provided the additional treatment beds are specifically authorized in an enacted general appropriations bill. The department of corrections may enter into contracts of less than two (2) years for additional beds within a facility.
(d) Unless delayed for good cause, the department of corrections shall issue the request for proposal authorized by subsection (a) of this section within ninety (90) days of the effective date of this act and shall seek to have a facility in place in operation during the fiscal year commencing July 1, 2003.
(e) The department of corrections may assign any inmate in its custody to a secure treatment facility up to the capacity provided by the contract. Assignment to the facility is at the discretion of the department of corrections and is not the right of any inmate.
(f) The provisions of W.S 7-22-101 through 7-22-115 do not apply to a secure substance abuse treatment facility created under this section except that the following provisions shall apply:
(i) W.S. 7-22-105 to the extent that American correctional association standards are appropriate for the secure substance abuse facility;
(ii) W.S. 7-22-106;
(iii) W.S. 7-22-107;
(iv) W.S. 7-22-109;
(v) W.S. 7-22-110;
(vi) W.S. 7-22-112(a)(iv) through (ix).
9-2-2708. Methamphetamine and substance abuse treatment grants.
(a) Public or private entities may apply for grants to fund access to treatment for persons addicted to methamphetamine and other substances. Grant requests shall be reviewed and awarded by the department of health. Any funds awarded under this section shall not be used to supplant funds being used at the time of the award by the public or private entity for the purposes specified in this section.
(b) In reviewing and awarding grants under this section, the department of health shall consider:
(i) Geographic distribution of treatment resources;
(ii) A projection of the number of persons who will be treated, using law enforcement statistics with respect to the number of arrests for methamphetamine use and other arrests related to substance abuse in each region of the state and other data demonstrating need;
(iii) The amount of monies or other forms of contribution public or private entities will provide in matching funds. This local match shall be in an amount of not less than one dollar ($1.00) for every three dollars ($3.00) of state funds provided.
(c) The department of health shall prepare a request for proposal and solicit proposals from interested public and private entities to increase access to treatment for those who are addicted to methamphetamine and other substances. The request for proposal shall:
(i) Solicit proposals to provide treatment as set forth in this subsection;
(ii) Require that proposals include an amount of monies or other forms of contributions that public or private entities will provide in matching funds. This local match shall be in an amount of not less than one dollar ($1.00) for every three dollars ($3.00) of state funds provided;
(iii) Require the proposals to set forth the manner in which the on-going operations of the program will be financially sustained;
(iv) Include other provisions as may be deemed appropriate by the department of health.
(d) Funding requests by the department of health for the purposes identified in this section shall be presented as a separate and specific program in any budget request prepared by the department and submitted by the governor pursuant to W.S. 9-2-1011 and 9-2-1012, and not continued with any other program.
(a) The department shall consist of the following divisions in addition to the office of the director of the department:
(i) Information technology division;
(ii) Information services division.
9-2-2903. Director and division administrators; appointment; removal.
(a) The governor shall appoint a state chief information officer with the advice and consent of the senate. The state chief information officer shall serve as the director of the department of enterprise technology services and shall be the department's executive and administrative head.
(b) With the approval of the governor, the state chief information officer may appoint administrators for each of the divisions. The governor may remove the state chief information officer and division administrators as provided in W.S. 9-1-202.
(a) As used in this article:
(i) "Agency" means an office, department, board, commission, council, institution, separate operating agency or any other operating unit of the executive branch of state government. "Agency" shall not include the University of Wyoming or Wyoming community colleges;
(ii) "Data analytics" means data analysis, including the ability to use the data for assessment and extraction of policy relevant information;
(iii) "Department" means the department of enterprise technology services;
(iv) "Enterprise data analytics" means data analytics which affect or are conducted by more than one (1) agency;
(v) "Executive branch" means the executive department of state government established by article 2, section 1 of the Wyoming constitution;
(vi) "Information processing software" means all purchased, procured or developed software for use on any information technology equipment;
(vii) "Information technology equipment" means all business and personal computing devices, intelligent handheld devices including tablets and smart phones, printers and other related peripheral equipment;
(viii) "Judiciary" means the judicial department of state government established by article 2, section 1 of the Wyoming constitution;
(ix) "Legislature" means the legislative department of state government established by article 2, section 1 of the Wyoming constitution;
(x) "State chief information officer" means the person appointed in accordance with W.S. 9-2-2903. The state chief information officer shall also function as the director of the department;
(xi) "Telecommunications transport services" means the telecommunication transmission facilities under which voice, data and video communications are distributed between distant locations for use by state agencies, institutions and educational institutions on a shared basis.
9-2-2905. Duties of the department in assisting the governor.
(a) The department may assist the governor in discharging his duties as chief executive and administrative officer of the executive branch of government of the state of Wyoming. The governor through the department shall:
(i) Coordinate, consolidate and provide information technology services which are used by more than one (1) agency;
(ii) Review agency information technology programs, expenditures and management to identify problems and suggest improvements;
(iii) Promote economy and efficiency in government use of information technology;
(iv) Establish uniform standards of information technology administration; and
(v) Establish uniform practices and reporting for government use of payment processor services.
(b) This article shall be construed to provide the governor, through the department, with a more coordinated and responsive system of information technology management of the executive branch of state government, and to preserve and protect the separation of powers mandated by article 2, section 1 of the Wyoming constitution. The legislature and the judiciary shall cooperate with the department and may utilize the services and assistance of the department to achieve economy in government, but information technology procedures affecting the administration of the legislature shall be determined by the legislature and the management council, and information technology procedures affecting the administration of the judiciary shall be determined by the judges for their respective courts, and they shall not be bound by rules and regulations promulgated by the department.
9-2-2906. Office of the state chief information officer and director; authority; duties of department.
(a) The state chief information officer may:
(i) Employ professional, technical and other assistants to work in the director's office or in any of the divisions, along with other employees necessary to carry out the purpose of this article;
(ii) Formulate through his office the policies and programs to be carried out by the department through its respective divisions;
(iii) Require employees or applicants for employment who have access to confidential information or records to submit to fingerprinting in order to obtain state and national criminal history record information as a condition for a position with the department in accordance with W.S. 7-19-106 and 7—19-201.
(b) The department shall carry out the following coordination and management functions:
(i) Develop a biennial information technology plan for the executive branch. The department may inventory agency software, hardware, servers and data centers as it determines necessary to develop the plan, using existing information available to the department and as supplemented by agencies upon request of the department;
(ii) Implement and maintain an information technology governance program for the agencies;
(iii) Establish review criteria for the agencies information technology projects, procurements and purchases;
(iv) Develop and implement recommendations for the proper management of agencies information technology resources;
(v) Review and make recommendations to the governor concerning information technology budget requests made by agencies;
(vi) Adopt information technology policies and standards and ensure agency compliance with the policies and standards;
(vii) Recommend information technology procurement improvements;
(viii) Develop and promote information technology training programs for all branches of government;
(ix) Encourage information technology coordination, information sharing and collaboration among all branches and levels of government in Wyoming;
(x) Enhance geographic information systems coordination among all governmental users of geographic information systems;
(xi) Carry out the duties prescribed by W.S. 9-2-2501;
(xii) Enhance statewide broadband adoption and coordination among all governmental users in coordination with the Wyoming business council and its broadband advisory council;
(xiii) Advise the governor and the legislature on technology and telecommunications matters;
(xiv) Establish, maintain and annually evaluate a quality management model. The quality management model shall include training and assurances for data privacy, protection and use throughout the agency and shall track customer feedback on technology services and oversight. The department shall involve the agencies in assessment of needs, successes and areas of improvement and shall produce customer satisfaction and performance reports. The department shall report its findings from the quality management model in the department's biennial budget request submitted under W.S. 9-2-1013.
(c) The University of Wyoming, Wyoming community colleges, and the judicial and legislative departments of state government may adhere to the standards, policies and plans developed pursuant to subsection (b) of this section to the extent feasible, as determined by the entity or the department of government, as applicable.
(d) The department shall carry out the following oversight and approval functions:
(i) Review agency expenditure requests for information technology or telecommunications personnel, hardware or software or contractual services for information technology if the expenditure exceeds the maximum amount established by department policy for small purchases. No funds for purchase in excess of the maximum amount shall be expended until the state chief information officer has approved the expenditure. Upon request for expenditure, the state chief information officer shall review the request and shall:
(A) Disapprove a request which fails to meet existing department standards, security, privacy and procurement policies; and
(B) If the state chief information officer determines a less expensive alternative to effectively accomplish the need is available, approve the request only for the lesser amount.
(ii) Review agency expenditures for information technology or telecommunications personnel, hardware or software or contractual services for information technology which are within the maximum amount established by department policy for small purchases as the state chief information officer determines necessary. Agencies shall provide information as requested by the department regarding small purchases;
(iii) Establish and enforce data security and privacy policies and standards for the state data infrastructure. These provisions shall be the minimum security and privacy requirements adhered to by all agencies. Agencies may choose to set additional security and privacy requirements to exceed but not in lieu of or that in any way interfere with the standards set by the state chief information officer;
(iv) Establish policies and standards for enterprise data analytics;
(v) All computer purchases made via the chief information officer's state technology replacement program shall be made in accordance with the provisions of this subsection, using standardized pricing established by the program. All funds appropriated for computer acquisition shall be restricted and not expended for any other purpose.
(e) The department shall provide the following services:
(i) Develop and provide computer and information technology services to agencies and the judiciary and the legislature. Central delivery of common services shall be promoted to the extent they encourage a more economical and efficient operation of state programs, while maintaining a compatibility of hardware and software among agencies, the legislature and the judiciary;
(ii) Upon request of an agency, provide information and recommendations regarding the installation and acquisition of computer and information technology equipment, the qualifications of information technology personnel and software systems required by the agency. The information and recommendations shall be directed to advising the agency how to comply with the uniform standards, minimize duplication and promote effectiveness in the collection, storage, interchange, retrieval, processing and transmission of information;
(iii) Upon request of an agency, provide enterprise data analytics services;
(iv) Data analytics security services and validation services as directed by the governor;
(v) The department shall annually apply to the universal service administrative company under the federal communications commission for amounts available to the state under the schools and libraries program of the universal service fund. All federal funds received by the state from the schools and libraries program of the universal service fund shall be deposited into the public school foundation program account;
(vi) Develop procedures and administer uniform payment processor services and reporting for agencies and upon request, the judiciary and the legislature. In carrying out this paragraph, the department shall:
(A) Administer a statewide contract with a payment processor as provided under W.S. 9-4-217(h);
(B) Develop criteria and procedures for granting waivers to agencies under W.S. 9-4-217(h).
(f) The state chief information officer shall administer through his office all accounting, billing and collection functions required by the department. These activities shall be taken pursuant to policies adopted by the state chief information officer after consultation and in cooperation with the director of the department of administration and information. The policies shall include provisions for attributing shared costs to agencies receiving common services from the department and for interagency accounting, billing and collection for other services provided to individual agencies. The department of enterprise technology services and the department of administration and information shall jointly develop a memorandum of understanding through which the departments will exchange administrative support, accounting functions and information technology services.
(g) The department shall carry out the following functions:
(i) Establish and promulgate rules and regulations governing the use and funding of telecommunications services, equipment, payment processor services, software and networks by agencies;
(ii) In consultation with state agencies and educational institutions, develop recommendations for a current and long-range telecommunications transport service plan for state government and higher education involving telephone, radio, microwave, facsimile, closed circuit television, teleconferencing, interactive educational training, public radio, public television, data communications, transmission circuits, fiberoptics, satellites and cellular radio and the integration of these mediums into applicable telecommunications networks. The plan shall be submitted to the governor for approval;
(iii) Administer the approved current and long-range plan for use of telecommunications by agencies and coordinate the telecommunications transport service network;
(iv) Inventory current telecommunications infrastructure of agencies, solicit comments and recommendations on needs, practices and technologies for providing telecommunications services in the most efficient manner possible, accommodate economic growth and development in the state and enhance educational opportunities at all levels of instruction;
(v) Review all existing and future agencies telecommunications planning, networks, systems and programs and recommend priorities therefor in accordance with the purposes of this section;
(vi) As appropriate, coordinate the acquisition of compatible telecommunications equipment, software and licensure for telecommunications transport service networks with agencies and with educational institutions;
(vii) Establish telecommunications procedures, standards and records for management of telecommunications transport service networks and facilities for agencies;
(viii) Review, assess and ensure compliance with federal and state telecommunications regulations governing the needs and functions of agencies for telecommunication transport services;
(ix) Provide telecommunications services including billing, installation and repair of telephone services including interstate and intrastate long distance, to agencies;
(x) Coordinate telecommunications network training for agencies.
(h) Notwithstanding subsection (g) of this section:
(i) The director of the Wyoming department of transportation and the colonel of the Wyoming highway patrol shall administer and control the operation, maintenance and conduct of the two-way, land based mobile and related facilities for the public safety radio-microwave systems specifically provided by the department and patrol and performed by radio technicians, dispatchers and telephone operators. The department shall provide and accommodate agency needs as approved jointly by the department and the agency and as agency budgets allow;
(ii) The attorney general shall administer and control the operation and conduct of the criminal law enforcement system and shall coordinate statewide telecommunications network services under this system through the department;
(iii) The University of Wyoming and community college districts shall administer the operation and control of telephone data and video systems on the respective campuses and the department shall coordinate statewide telecommunications network services under these systems;
(iv) Telecommunications transport service requirements for any agency and educational institutions shall be coordinated through the department;
(v) Any public broadcasting service operating in the state shall be responsible for its operational services and federal licensing. The department shall assist in the coordination of any required statewide telecommunications transport services as appropriate;
(vi) The state public safety communications commission established under W.S. 9-2-1101 shall coordinate its statewide telecommunications transport service requirements through the department;
(vii) An agency may independently contract with a private service provider to obtain telecommunications services, equipment, software and networks, provided:
(A) The services, equipment and software meet compatibility standards established by the department; and
(B) The agency's action will result in at least ten percent (10%) savings compared to the cost of similar services, equipment and software provided through the department;
(C) The action is approved as provided by subsection (d) of this section.
(j) The department may, through the infrastructure network developed under the statewide education technology plan in accordance with W.S. 21-2-202(a)(xx), contract with one (1) or more telecommunications providers to provide telecommunications services to:
(i) Private schools if the department determines network capacity is sufficiently available and private schools accessing the network reimburse the department for the costs of services provided under this subsection, including proportionate overhead and administrative costs;
(ii) Private health care providers if services are requested by the department of health under this subsection. The department of health shall:
(A) Determine health care services necessary for the effective and efficient operation of a telehealth network in the state;
(B) Notify the department in writing of the services deemed necessary;
(C) Reimburse the department for costs incurred for the provision of telecommunications services under this subsection from funds available for this purpose, including proportionate overhead and administrative costs;
(D) Develop charges for telecommunication services that cover the costs of the provision of telecommunication services to private health care providers; and
(E) In providing or facilitating the provision of services under this subsection, the department of health shall determine that services are not reasonably available from other sources.
(k) The state chief information officer may authorize a designee to carry out any duties assigned, whether denominated as the state chief information officer or director of the department, unless specifically precluded from doing so by statute.
(m) The department shall adopt reasonable rules and regulations to administer this article pursuant to the Wyoming Administrative Procedure Act.
(n) Nothing in this article shall be construed to authorize the department or the director to regulate or otherwise have any jurisdiction or authority over nongovernmental providers of telecommunications services or broadband services. Nothing in this article shall be construed to authorize the department or the state to be a telecommunications services provider to the private sector. To the extent a network is developed and implemented under subsection (g) of this section to provide telecommunications transport services for state government and higher education, rather than purchasing facilities or providing its own communications services for the creation and operation of the unified network, the state of Wyoming shall purchase services from commercial communications carriers to the fullest extent reasonably feasible. Such a network is limited to use only by:
(i) The executive, legislative and judicial branches of Wyoming state government, including the University of Wyoming and community colleges. In relation to use of this network, "Wyoming state government" does not include local government, cities, towns, counties, hospitals, joint powers boards, special districts or other local governmental entities; and
(ii) Wyoming public schools and public libraries.
(o) The department shall include in the department's biennial budget request submitted under W.S. 9-2-1013 a list of any federal program being implemented by the department. The list shall include the specific statutory authorization, if any, authorizing the department's implementation of the program. The department shall not be required to report any program pursuant to this subsection for which it is providing solely support services for an agency charged with implementing the federal program.
9-2-3001. State construction department created; definitions.
(a) There is created the state construction department.
(b) As used in this article:
(i) "Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, the Wyoming business council and the Wyoming department of transportation. "Agency" shall include a Wyoming community college if the community college is conducting a capital construction project using state funds that requires approval by the community college commission or authorization by the legislature under W.S. 21-18-205(g);
(ii) "Capital construction project" means new construction, demolition, renovation, capital renewal and major maintenance of or to property;
(iii) "Competitive negotiation" means to negotiate for a contract through a request for proposals process or any other similar competitive selection process;
(iv) "Department" means the state construction department;
(v) "Informalities or irregularities in any bid" includes:
(A) Ambiguity as to any part of a bid;
(B) A missing unit bid price;
(C) An erasure or change in a unit bid price not initialed in ink by the bidder.
(vi) "Principal representative" means the governing board of an agency or its designated representative or, if there is no governing board, the executive head of an agency. When applicable, "principal representative" shall include the University of Wyoming board of trustees or its designated representative;
(vii) "State procurement website" means a website that the department designates to host information and notices related to procurement under this article;
(viii) "Capital renewal" means capital construction infrastructure upgrades and replacement projects to systems external to a building or facility that are necessary for the continued functionality of a building or facility. "Capital renewal" includes projects that do not qualify as new construction and for which the costs exceed amounts typically appropriated or expended on major maintenance for a property such as water projects, sewer projects, electrical projects and other major infrastructure projects external to a building or facility that impact the life, health and safety of occupants in a building or facility;
(ix) "Major building and facility repair and replacement" and "major maintenance" mean the repair, replacement or upgrade of complete or major portions of any component, equipment or system of a property at irregular intervals that is required to continue the use of the property at its designed capacity for its designed intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work. The terms include, but are not limited to, the following categories as hereafter defined:
(A) "Code compliance" means the repair, replacement or upgrade of a component, equipment or system of a property that is mandated by law, regulation or code to continue the use of the property at its designed capacity for its designed intended use;
(B) "Site improvements" means the repair, replacement or upgrade of a component, equipment or system of a site, including the repair, replacement or upgrade of any of the following:
(I) Sidewalks;
(II) Parking lots;
(III) Athletic tracks;
(IV) Playground features;
(V) Outdoor security features;
(VI) Landscaping;
(VII) Drainage systems;
(VIII) Campus roads or streets;
(IX) Components, equipment or systems similar to those specified in subdivisions (I) through (VIII) of this subparagraph.
(C) "System improvements" means the repair, replacement or upgrade of a component, equipment or system of a building or facility, including any of the following:
(I) Structural systems;
(II) Fire protection systems;
(III) Indoor security features;
(IV) Electrical, lighting, plumbing, heating, ventilation or air conditioning systems;
(V) Roofs;
(VI) Windows and doors;
(VII) Conveyance systems, including elevators and escalators;
(VIII) Information technology systems;
(IX) Components, equipment or systems similar to those specified in subdivisions (I) through (VIII) of this subparagraph.
(x) "Property" means a building, facility or site;
(xi) "Renovation" means work done to restore property to a condition that is functional for its original or designed intended use and capacity, to modernize or adapt property to an approved new use and capacity or for the purpose of making it code compliant, including architectural and structural changes and the modernization of mechanical and electrical systems. "Renovation" includes the repair, strengthening or restoration of major building systems or structures to a safe condition. "Renovation" does not include work that consists primarily of routine maintenance, minor repairs and replacement due to normal use, wear and tear or deterioration;
(xii) "Routine maintenance" means activities necessary to keep a property and the components, equipment and systems of a property in safe and good working order so that the property may be used at its original or designed capacity for its original or designed intended use. "Routine maintenance" includes custodial, groundskeeping and maintenance tasks done on a routine basis by building personnel and specialized equipment and building system maintenance that is accomplished on a routine basis by contractors.
(a) The department shall consist of the following divisions:
(i) State construction management division;
(ii) School facilities division;
(iii) Operations division.
9-2-3003. Director and division administrators; appointment; removal.
(a) The governor shall appoint a director of the department with the advice and consent of the senate.
(b) With the approval of the governor, the director may appoint administrators for the divisions established by W.S. 9-2-3002(a)(i) and (ii). The governor may remove the director and division administrators as provided in W.S. 9-1-202.
(c) The director's and administrator's salaries shall be determined by the governor.
(d) The director shall be the chief administrative officer of the department with general supervision and control of all activities, functions and employees of the department. He shall devote his entire time to the performance and supervision of the duties conferred on him by law. The director may:
(i) Employ professional, technical and other assistants to work in the department, along with other employees necessary to carry out the purpose of this article;
(ii) Formulate the policies and programs to be carried out by the department through its respective divisions;
(iii) Authorize a designee to carry out any duties assigned, unless specifically precluded from doing so by law.
(a) The department shall staff the state building commission as provided in W.S. 9-5-101 through 9-5-108, and as required by the commission unless staffing of the commission is otherwise specified by law. The administrator of the state construction management division shall function as secretary to the state building commission and the department shall administratively implement the commission's rules relating to the state capital construction.
(b) The department shall staff the school facilities commission as provided in title 21 of the Wyoming statutes, and as required by the commission unless staffing of the commission is otherwise specified by law. The administrator of the school facilities division shall function as secretary to the school facilities commission and the department shall administratively implement the commission's rules.
(c) The department shall:
(i) Review and make recommendations to the governor concerning capital construction project and land acquisition budget requests made by the state building commission, school facilities commission, the University of Wyoming, community college commission and any agency;
(ii) Adopt rules governing procurement for capital construction projects pursuant to W.S. 9-2-3006. Wyoming community colleges shall adhere to the rules for any capital construction project using state funds that requires approval by the community college commission or authorization by the legislature under W.S. 21-18-205(g). The University of Wyoming may adhere to the rules to the extent feasible, as determined by the university. The university and Wyoming community colleges shall adhere to any other capital construction requirement specified by law;
(iii) For the procurement of capital construction projects, be authorized to accept the recommendations of agencies on the award or rejection and readvertisement of bids based upon the qualifications and responsibilities of bidders;
(iv) Oversee bonding for the procurement of capital construction projects. Bidders shall provide a bond or other form of guarantee satisfactory to the state of Wyoming as hereafter provided:
(A) A bid bond or other form of bid guarantee satisfactory to the state may be required in an amount equal to ten percent (10%) of the aggregate amount of the bid or contract when a contract to be awarded under the solicitation is expected to exceed one hundred fifty thousand dollars ($150,000.00). The bond may be provided by a surety company authorized to do business in the state of Wyoming;
(B) A bid bond or other form of bid guarantee satisfactory to the state may be retained by the state as surety throughout the term of the awarded contract provided the amount of the contract is less than or equal to fifty thousand dollars ($50,000.00);
(C) Before any contract for a capital construction project is awarded to any person, the person shall furnish to the state a performance and payment bond or other form of guarantee in accordance with the standards and monetary limits provided in W.S. 16-6-112;
(D) This paragraph does not limit the authority of the state to require a performance bond or other security in addition to bonds, or in circumstances other than the circumstances specified by this subsection;
(E) The department may accept bids submitted by persons who combine their bonding capacity in any way so as to meet the bonding requirements of this paragraph.
(v) Provide the appropriate staff to serve as staff of the state building commission in carrying out the duties of the department under this article and construction management functions under W.S. 9-5-101 through 9-5-108;
(vi) Plan for all capital construction projects in accordance with the provisions of W.S. 9-5-107, 9-5-108 and rules, procedures and criteria adopted pursuant to those sections;
(vii) Adopt reasonable rules and regulations pursuant to the Wyoming Administrative Procedure Act to administer this article;
(viii) Review the final design, drawings and plans of any capital construction project prior to commencing with bidding to ensure that energy efficient best practice techniques and processes are included in the design of any capital construction project funded with federal funds and for which the state is required to expend state funds to fully or partially pay for operations, routine maintenance or major maintenance expenses for the facility. Upon conclusion of each review, the department shall submit a report of findings to the joint appropriations committee and the joint transportation, highways and military affairs interim committee;
(ix) Administer the Professional Architectural, Engineering and Land Surveying Services Procurement Act;
(x) Not later than September 1 of each odd numbered year, submit to the state building commission a recommendation for funding for the immediately succeeding fiscal biennium for major maintenance for state property, community college property and University of Wyoming property. This recommendation shall be based on the formula adopted by the state building commission pursuant to W.S. 9-5-107(g);
(xi) Review and approve any renovation that changes the intended capacity or designed intended use of a property that receives appropriations for major maintenance;
(xii) Develop and maintain a twenty (20) year statewide strategic facility plan and comprehensive system for monitoring and reporting appropriations and expenditures for capital construction projects, major maintenance, and routine maintenance for state property, community college property, school district property and University of Wyoming property.
(a) The department shall develop and use a standard budget, base budget and exception budget as provided in W.S. 9-2-1010 through 9-2-1014.
(b) Repealed by Laws 2018, ch. 2, § 2.
(c) Repealed by Laws 2018, ch. 2, § 2.
(d) Repealed by Laws 2018, ch. 2, § 2.
(e) Repealed by Laws 2018, ch. 2, § 2.
(f) Repealed by Laws 2018, ch. 2, § 2.
9-2-3006. Procurement for capital construction projects.
(a) Contracts for capital construction projects let by an agency or the University of Wyoming, excluding contracts for professional services under W.S. 9-23-101 through 9-23-107 and for capital construction projects delivered through alternate design and construction delivery methods as defined in W.S. 16-6-701(a)(v), shall be let through the use of competitive negotiation, noncompetitive negotiation or competitive sealed bidding as follows:
(i) For any contract with an estimated value equal to fifty thousand dollars ($50,000.00) or less, the contract shall be let in accordance with the following:
(A) Except as provided in subparagraph (B) of this paragraph, the contract shall be let by competitive negotiation. In conducting the competitive negotiation, the agency or the university shall solicit not less than three (3) independent cost estimates or proposals prior to letting the contract;
(B) If the principal representative of an agency or the university determines competitive negotiation is not feasible, the contract may be let by noncompetitive negotiation;
(C) The contract shall be let to a resident of the state in accordance with W.S. 16-6-102(a).
(ii) Except as otherwise provided in paragraph (iii) of this subsection, for any contract with an estimated value in excess of fifty thousand dollars ($50,000.00), the contract shall be let in accordance with the following:
(A) The contract shall be let by competitive sealed bidding. The agency or the university shall give notice of the opportunity to bid on the contract on the state procurement website for not less than two (2) consecutive weeks. The notice shall contain a general description of the proposed contract and shall indicate the procedures by which interested persons may apply for consideration;
(B) The contract shall be let to a responsible bidder making the lowest bid except that the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder in accordance with W.S. 16-6-102(a).
(iii) If the principal representative of an agency determines that the use of competitive sealed bidding is not feasible or practical, the principal representative shall submit a written determination to the department. If approved by the department, the contract may be let by competitive negotiation. If competitive negotiation is not feasible or practical, the principal representative shall submit a written determination to the governor. If approved by the governor or the governor's designee the contract may be let by noncompetitive negotiation. Contracts by the university may be let by competitive negotiation or noncompetitive negotiation in accordance with university regulations;
(iv) The director of the department, upon a written finding that it would be more efficient to use federal procurement procedures for capital construction contracts let by the Wyoming military department concerning state owned properties under the control of the adjutant general, may authorize federal procurement procedures instead of the procedures required under this subsection.
(b) The department shall adopt standard forms and procedures for the procurement of capital construction projects by an agency in accordance with this section.
(c) Any contract by an agency for a capital construction project in an amount exceeding fifty thousand dollars ($50,000.00) shall require the approval of the governor or the governor's designee prior to state commitment.
(d) Any contract let under this section shall be in accordance with the applicable contracting and residency preference laws of W.S. 16-6-101 through 16-6-121, 16-6-201 through 16-6-206, 16-6-701 through 16-6-708 and 16-6-1001.
(e) Each agency and the University of Wyoming are authorized to determine the qualifications and responsibilities of bidders or respondents for capital construction projects but shall reject any bid with improper or missing signatures or bids that lack legible numerical values. Each agency and the university may:
(i) Reject any or all bids based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses;
(ii) Waive informalities or irregularities in any bid.
(f) No contract shall be divided for the purpose of avoiding the requirements of this section.
(g) The department is authorized to develop a list of material commodities that have been subject to significant cost escalation as the result of documented price fluctuations in the market. Using unobligated, unexpended funds within available appropriations for capital construction, the department and, if applicable, the University of Wyoming may incorporate a provision in agency contracts or university contracts for any capital construction project to be performed by applying a material cost escalation factor and a material cost de-escalation factor. In no event shall the department approve a contract that contains a material cost escalation factor less than seven and one-half percent (7.5%) or greater than thirty percent (30%). The provisions of this subsection shall be implemented by:
(i) The state building commission for state facilities and community college facilities except for facilities owned by the University of Wyoming;
(ii) The school facilities commission for school facilities;
(iii) The University of Wyoming, in consultation with the department, for facilities owned by the University of Wyoming.
(h) The department and the University of Wyoming shall expend appropriations designated for inflationary costs only after all other alternative project funding sources and appropriations have been obligated or exhausted and after a determination by the department or the University of Wyoming, as appropriate, that the authorized project cannot be completed without additional funds as the result of inflation-related cost increases.
9-2-3101. Office created; appointment of director.
(a) The office of guardian ad litem is created as a separate operating agency as provided in W.S. 9-2-1704(d).
(b) The governor, with the advice and consent of the senate, shall appoint a director of the office who shall serve as the administrative head of the office and as chief guardian ad litem. Unless sooner removed, the director's term of appointment expires at the end of the term of office of the governor during which he was appointed. The director serves at the pleasure of the governor and may be removed by him as provided by W.S. 9-1-202. The director shall:
(i) Be a member in good standing of the Wyoming state bar;
(ii) Have experience in guardian ad litem representation, child welfare and juvenile justice;
(iii) Be compensated as determined by the Wyoming personnel division;
(iv) Devote full time to the performance of his duties;
(v) Administer the guardian ad litem program as provided in W.S. 14-12-101 through 14-12-104.
(c) The director shall not engage in private practice except to complete business pending at the time of his appointment.
9-2-3202. Definitions; powers generally; duties of
governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.
(a) As used in this act:
(i) "Agency" means an office, department, board, commission or operating unit of the executive branch of state government;
(ii) "Department" means the department of administration and information;
(iii) "Executive branch" means the executive department of state government established by article 2, section 1 of the Wyoming constitution;
(iv) "Judiciary" means the judicial department of state government established by article 2, section 1 of the Wyoming constitution;
(v) "Legislature" means the legislative department of state government established by article 2, section 1 of the Wyoming constitution;
(vi) "This act" means W.S. 9-2-3201 through 9-2-3221;
(vii) "Contract employee" means an employee who is hired by any agency for a limited period of time, pursuant to rules promulgated by the human resources division in W.S. 9-2-3207(a)(xi)(F);
(viii) "Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled;
(ix) "Employment first" means a concept to facilitate the full inclusion of individuals with disabilities in the workplace and community. Under the employment first approach, community based, integrated employment is the first option for employment services for children and adults with disabilities. Employment first includes competitive employment in an integrated setting;
(x) "Integrated setting" means with respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with individuals who do not have disabilities, other than nondisabled individuals who are providing services to those applicants or eligible individuals, to the same extent that individuals who do not have disabilities interact with other persons in comparable positions;
(xi) "Routine maintenance" means as defined by W.S. 9-2-3001(b)(xii).
(b) The department may assist the governor in discharging his duties as chief executive and administrative officer of the executive branch of government of the state of Wyoming. The governor through the department shall:
(i) Improve techniques used for management of state government;
(ii) Coordinate, consolidate and provide services which are used by more than one (1) agency;
(iii) Review agency programs, expenditures and management to identify problems and suggest improvements;
(iv) Promote economy and efficiency in government; and
(v) Establish uniform standards of administration.
(c) This act shall be construed to provide the governor, through the department, with a more coordinated and responsive system of management of the executive branch of state government, and to preserve and protect the separation of powers mandated by article 2, section 1 of the Wyoming constitution. The legislature and the judiciary shall cooperate with the department and may utilize the services and assistance of the department to achieve economy in government, but procedures affecting the administration of the legislature shall be determined by the legislature and the management council, and procedures affecting the administration of the judiciary shall be determined by the judges for their respective courts, and they shall not be bound by rules and regulations promulgated by the department.
(d) The department shall consist of the following divisions in addition to the office of the director of the department:
(i) Repealed by Laws 2021, Ch. 56, § 5.
(ii) General services division;
(iii) Human resources division;
(iv) Repealed By Laws 2012, Ch. 30, § 4.
(v) Repealed By Laws 1997, ch. 178, § 2.
(vi) Economic analysis division;
(vii) Repealed by Laws 1989, ch. 178, § 3.
(viii) Repealed by Laws 1989, ch. 178, § 3.
(ix) Repealed By Laws 1997, ch. 178, § 2.
(x) State library division.
9-2-3203. Director and division administrators; appointment; removal; powers of director.
(a) The governor shall appoint a director of the department with the advice and consent of the senate who shall be the department's executive and administrative head, and who shall hold an ex officio seat on all boards and councils which advise or are within the department.
(b) With the approval of the governor, the director may appoint administrators for each of the divisions. The governor may remove the director and division administrators as provided in W.S. 9-1-202.
(c) The director may:
(i) Employ professional, technical and other assistants to work in the director's office or in any of the divisions, along with other employees necessary to carry out the purpose of this act;
(ii) Repealed by Laws 1991, ch. 29, § 6.
(iii) Adopt reasonable rules and regulations to administer this act pursuant to the Wyoming Administrative Procedure Act;
(iv) Formulate through his office the policies and programs to be carried out by the department through its respective divisions.
(d) The director shall administer through his office all accounting, billing and collection functions required by the department.
(e) The director shall administer through his office or through a division of the department, the duties of the department under the State Employees' and Officials' Group Insurance Act.
(f) The director shall administer through his office or through a division of the department the duties required under W.S. 35-11-112(d).
(a) As used in this section:
(i) "Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration;
(ii) "Services" means the furnishing of labor, time or effort by a contractor to an agency. The term does not include employment agreements;
(iii) "Supplies" means:
(A) All property, including but not limited to, furniture, fixtures, stationery, printing, paper, fuel and equipment of every kind required for use in the offices, service and functions performed by agencies, and for repairing, heating and lighting the state buildings; and
(B) Insurance and bonds from licensed Wyoming agents as required.
(iv) "Principal representative" means the governing board of an agency or its designated representative, or, if there is no governing board, the executive head of an agency including an elected state official.
(b) For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or school districts. It does not include the department of transportation except as to paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall:
(i) Adopt rules governing the procurement, management, control and disposal of all supplies and services required by agencies. The rules shall establish standards and procedures which promote fair and open competition. No agency shall procure supplies or services except in compliance with the rules adopted by the department;
(ii) Adopt standard forms and procedures for regulating the procurement of supplies or services required by agencies;
(iii) Adopt a uniform commodity classification system designating the quality, material and brand of supplies or services required by agencies;
(iv) Adopt standard forms and procedures providing that bids or contracts for supplies or services shall be awarded through the use of competitive sealed bidding, competitive negotiation, noncompetitive negotiation or small purchase procedures as hereafter provided:
(A) Bids or contracts for supplies or services in excess of fifteen thousand dollars ($15,000.00) shall be made by competitive sealed bidding when the configuration or performance specifications, or both, are sufficiently designed to permit award on the basis of the lowest evaluated price as determined in accordance with objective, measurable criteria set forth in the invitation for bids, and when available sources, the time and place of performance, and other conditions are appropriate for the use of competitive sealed bidding;
(B) If the use of competitive sealed bidding is not feasible or practical, the principal representative shall, except as otherwise provided in this subparagraph, submit a written determination to the department. If approved by the department, contracts for supplies or services may be made by competitive negotiation. An elected state official may contract for supplies or services for his office by competitive negotiation without department approval if the contract is for twenty-five thousand dollars ($25,000.00) or less and the elected state official determines that the use of competitive sealed bidding is not feasible or practical;
(C) Contracts may be made by noncompetitive negotiation only when competition is not feasible, as determined in writing by a principal representative and approved by the governor or his designee, except as otherwise provided in this subparagraph. An elected state official may contract for supplies or services for his office by noncompetitive negotiation without the approval of the governor or the governor's designee if the contract is for twenty-five thousand dollars ($25,000.00) or less and the elected state official determines that competition is not feasible;
(D) Contracts for contractual services, consulting services, and special projects and services, for the purpose of hiring professionals, consultants or contracted services shall be approved as follows:
(I) Contracts by an agency in an amount exceeding one thousand five hundred dollars ($1,500.00), but not to exceed fifteen thousand dollars ($15,000.00), require the approval of the principal representative or the principal representative's designee before the state executes the contract;
(II) Contracts by an agency in an amount exceeding fifteen thousand dollars ($15,000.00) require the approval of the governor or the governor's designee before the state executes the contract, except as provided in subdivision
(III) of this subparagraph;
(III) Contracts by an elected state official shall not require the approval of the governor or the governor's designee before the state executes the contract.
(E) Agencies shall be authorized to make small purchases in accordance with rules adopted by the department. The rules shall include small purchase procedures which authorize agencies to procure supplies not exceeding two thousand five hundred dollars ($2,500.00), or such higher amount established by the department, but not to exceed fifteen thousand dollars ($15,000.00), without compliance with this paragraph and without prior approval of the department;
(F) This paragraph shall not apply to the procurement by the department of corrections of raw materials used in a correctional industries program to manufacture goods or to provide services under W.S. 7-16-206(a)(i), the procurement of goods or services from the department of corrections under W.S. 7-16-206(a)(i) when the goods or services produced are not available from other Wyoming manufacturers or service providers, the procurement of professional services under W.S. 9-23-101 through 9-23-107, the procurement of capital construction projects under W.S. 9-2-3004 and 9-2-3006 nor to purchases of feed by the game and fish department for winter elk ranges. Subparagraph (E) of this paragraph shall not apply to the procurement of services or supplies by the offices of state elected officials;
(G) If competitive sealed bidding is required the contract shall be let to the responsible private sector bidder making the lowest bid if the private sector bidder's bid is not more than five percent (5%) higher than that of the lowest responsible nonprivate sector bidder;
(H) The director of the department of administration and information or his designee, upon a written finding that it would be more efficient to use federal procurement procedures for contracts let by the Wyoming military department concerning state owned properties under the control of the adjutant general, may authorize federal procurement procedures instead of the procedures required by this paragraph.
(v) Establish and maintain an inventory of all agencies' property purchased in total or in part with state funds or otherwise held in the name of the state. The inventory shall contain the following information: acquisition cost, property description, present value, property location and other information as required;
(vi) Classify all agencies' property into uniform categories as determined by type of property, using agency, location or other factors. Systematically arrange under a uniform classification a list of all personal property belonging to the state. The inventory shall be arranged to show separately the property pertaining to each state office, institution, department and board. The inventoried property shall be inspected annually, checked and its value fixed. The inventory shall be revised at the same date each year, bringing all newly acquired property into the inventory under its proper classification. All officers and employees in each agency shall assist the department in securing and compiling the information pertaining to their respective agencies;
(vii) Develop a system of numbers by which all tangible personal state property can be identified. Identification numbers shall be affixed to all property unless otherwise provided by the department;
(viii) Supervise and approve disposition by sale or trade-in of all agencies' property which has been deemed to be no longer cost effective to the state. Real property in excess of forty (40) acres in one (1) tract or valued at fifteen thousand dollars ($15,000.00) or more shall not be disposed of at less than current appraised value as authorized in accordance with rules of the state building commission. No other property shall be disposed of at less than fair market value either for cash or in exchange for credit upon purchase of new property. All sales shall be public and based upon adequate notice except that state owned motor vehicles may be sold at public or dealer auction and except that for the first thirty (30) days after acquisition, any personal property may be made available to those entities qualifying under federal surplus property guidelines through the state surplus property warehouse. The proceeds of sale, less costs of sale, shall be remitted to the treasurer for the benefit of the fund from which the property was purchased. This paragraph shall not apply to, nor shall the department or the state building commission approve or supervise the disposition of land by the state transportation commission;
(ix) Repealed By Laws 1997, ch. 178, § 2.
(x) Require each agency to report in a manner prescribed by the department the acquisition, disposition, transfer, loss or theft of all personal property. No state agency shall dispose of or transfer any personal property without the prior approval of the department;
(xi) Secure and maintain insurance or otherwise protect against fire and other perils on all buildings and structures and the contents thereof, and other properties owned by the state of Wyoming or any of its agencies. The insurance shall be in an amount which is adequate to protect the interest of the state of Wyoming and, where appropriate, the interest of the United States;
(xii) Secure and maintain insurance against the risks of fire and theft and other insurance deemed necessary or required by law on all motor vehicles, trailer attachments and aircraft owned by the state of Wyoming or any of its agencies. The insurance secured and maintained shall be in an amount which is adequate to protect the interest of the state but not less than the amounts required by the Wyoming Governmental Claims Act. In securing insurance the department shall take full advantage of experience ratings and groupings or master policies to the end that the insurance may be secured at the lowest possible beneficial rates and for the best interest of the state;
(xiii) Secure personal liability and surety bonds for Wyoming peace officers, employees and state officials as required by statute, secure professional liability insurance for Wyoming doctors and nurses employed by the state, and secure liability insurance for all property owned by the state or any of its agencies as required by the Wyoming Governmental Claims Act;
(xiv) Provide assistance requested by the legislature or the judiciary in the procurement of supplies and services;
(xv) Provide central reproduction and other duplication services to agencies;
(xvi) Provide central mail and allied services to agencies;
(xvii) Repealed by Laws 2016, ch. 105, § 4.
(xviii) Repealed by Laws 2016, ch. 105, § 4.
(xix) Lease all property for the state in accordance with rules of the state building commission. Leasing of property by the state shall be conducted on a bid and proposal basis with advertising of space needs and square footage in community or local newspapers. Leasing contracts may be entered into by noncompetitive negotiation only if:
(A) The administrator of the department determines in writing that competitive bidding is not feasible; or
(B) The lessor is a governmental agency.
(xx) Maintain, repair and replace all state property in accordance with rules of the state building commission;
(xxi) Administratively implement the state building commission's rules relating to the leasing, routine maintenance, management, operation and equipping of state office buildings as provided in W.S. 9-5-101 through 9-5-108;
(xxii) Repealed by Laws 2016, ch. 105, § 4.
(xxiii) Plan for all agency office and other space needs in accordance with the provisions of W.S. 9-5-107, 9-5-108 and rules, procedures and criteria adopted pursuant to that section.
(c) The surplus property section within the division of general services is created, which shall be the state's surplus property agency pursuant to the terms of 40 U.S.C. § 549. The surplus property section may:
(i) Acquire from the United States of America under and in conformance with the Federal Property and Administrative Services Act of 1949, as amended, hereinafter referred to as the "act", property, including equipment, materials, books or other supplies under the control of any department or agency of the United States of America which are usable and necessary for purposes of education, public health or civil defense, including research for any purpose authorized by federal law; to warehouse the property; and to distribute the property within the state to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the state, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under 26 U.S.C. § 501(c)(3), to civil defense organizations of the state, or political subdivisions and instrumentalities which are established pursuant to state law, and to other types of institutions or activities which are eligible under federal law to acquire the property;
(ii) Receive applications from eligible health and educational institutions for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the state, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of applications for acquisition of real and related personal property of the United States under 40 U.S.C. § 550;
(iii) Make certifications, take action, make expenditures and enter into contracts, agreements and undertakings for and in the name of the state (including cooperative agreements with any federal agencies providing for utilization by and exchange between them of the property, facilities, personnel and services of each by the other), require reports and make investigations as required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, utilization and distribution of federal surplus personal property received by the department from the United States of America;
(iv) Act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in paragraph (i) of this subsection and other institutions eligible to acquire federal surplus real property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which the property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to the property, and to aid and assist the institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder;
(v) Cooperate to the fullest extent consistent with the act with the departments or agencies of the United States of America, file a state plan of operation, operate in accordance therewith, and take necessary action to meet the minimum standards prescribed in accordance with the act, make reports in the form and containing the information which the United States of America or any of its departments or agencies requires, and comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use of, or accounting for, property donable or donated to the state.
(d) Any charges made or fees assessed for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer by the department and, in the case of real property, the charges and fees shall be limited to the reasonable administrative costs of the department incurred in effecting transfer. Revenue resulting from payments of charges and fees shall be paid into the trust and agency fund and shall be utilized for payment of all costs to the department of acquiring, warehousing, distributing and transferring property under the federal surplus property utilization program and be disbursed in accordance with applicable federal regulations.
(e) Any provision of law to the contrary notwithstanding, the governing board, or if none, the executive head, of any agency or of any city, county, school district or other political subdivision may by order or resolution confer upon any officer or employee thereof continuing authority to secure the transfer to it of surplus property under this act, and to obligate the state or political subdivision and its funds to the extent necessary to comply with the terms and conditions of the transfers. This authority conferred upon any officer or employee by any order or resolution shall remain in effect unless and until the order or resolution is duly revoked and written notice of revocation is received by the department.
(f) The section may engage in activities relative to federal excess property in connection with the use of the property by other state agencies, institutions or organizations engaging in or receiving assistance under federal programs. The section may enter into contracts and other agreements for and on behalf of the state, including the cooperative agreements within the purview of section 203(n) of the federal act (40 U.S.C. § 484(j)) with federal agencies, as well as agreements with other groups or associations which will in any way procure the administration of the section's functions but this act relating to the procurement of property shall not apply to the section in the acquisition of federal surplus property.
(g) All meat used or purchased for use in any state institution shall be produced and processed within the United States, and neither the general services division of the department nor anyone else shall negotiate, execute or approve any contract for the purchase of meat to be used in any state institution if the meat has been produced or processed outside the United States. The department shall adopt appropriate rules to carry out the purpose of this subsection.
(h) The general services division shall:
(i) Manage and control all state motor vehicles and equipment including their identification, purchase, lease, replacement, repair and permanent assignment, except for state owned or leased vehicles personally used by or assigned to the governor, secretary of state, state auditor, state treasurer or superintendent of public instruction;
(ii) Establish, update and comply with uniform standards and criteria promoting the economic and effective maintenance and use of motor vehicles consistent with the needs and locations of agencies;
(iii) Repealed by Laws 2018, ch. 108, § 3.
(iv) Account for separately any rental income generated under a lease agreement with a third party under paragraph (b)(xix) of this section for the occupancy of unused portions of any building used as the quarters for the state trails program field office for the support of the state trails program under W.S. 36-4-108(b)(iv). Any rental income as specified under this paragraph that exceeds the expenses needed and expended for the operation and maintenance of the building, portion of the building or premises shall be deposited quarterly and in equal amounts into the snowmobile trails account created by W.S. 31-2-409(c) and the off-road recreational vehicle trails account created by W.S. 31-2-703(c).
(j) Any state or county employee or officer using a state vehicle without authorization or for purposes other than official business is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00).
(k) Each elected state official shall report annually by October 31, to the joint appropriations committee a list of all contracts entered into by the elected state official during the previous fiscal year for supplies or services, if the contract was not awarded by competitive sealed bidding. The report shall also include a list of all contracts entered into by the elected state official for contractual services, consulting services or special projects and services if the contract was not approved by the governor or his designee.
9-2-3205. Professional liability insurance for peace officers; limits of policy; definition of peace officer.
(a) The state of Wyoming through the department shall purchase a comprehensive professional liability policy providing coverage for all peace officers if:
(i) Coverage is available at a reasonable cost; and
(ii) It is economically more feasible to provide coverage through the purchase of insurance than through self-insurance as provided by W.S. 1-41-101 through 1-41-111.
(b) The limits of the policy shall be no less than the present limits of liability insurance purchased by the state for state law enforcement officers. The policy may provide for a deductible or a retention up to ten thousand dollars ($10,000.00) which is the responsibility of the governmental entity employing the peace officer for whom the claim was paid.
(c) For the purposes of this section, "peace officer" means as defined by W.S. 7-2-101.
(a) Each personnel appeal hearing shall be conducted by a presiding officer. Pursuant to rules adopted by the administrator of the personnel division, the parties to a personnel appeal shall submit the name of a presiding officer as mutually agreed to. If the parties fail to submit a name within the time allowed, or if that person is, at any time, unable or unwilling to serve, the administrator shall immediately refer the matter to the office of administrative hearings. A hearing officer from the office of administrative hearings may be peremptorily disqualified from acting in a case by the filing of a motion by either party within ten (10) days of receipt of notice of the assignment of that hearing officer. In any matter, a party may exercise the peremptory disqualification only one (1) time and against only one (1) hearing officer. Either party may seek to disqualify any hearing officer for cause as provided in the Wyoming Rules of Civil Procedure. The presiding officer shall conduct an impartial contested case hearing in accordance with the Wyoming Administrative Procedure Act. A state employee serving as a presiding officer shall not receive a fee for his service but shall be considered engaged in the performance of the duties of his position and shall receive his salary and reimbursement for expenses as provided for state employees. If the presiding officer is from the office of administrative hearings, that office shall be paid at the rate established by that office for services of its hearing officers. The fee received by a presiding officer who is not an employee of the state shall be paid at the same rate established by the office of administrative hearings for services of its hearing officers. The expense of the hearing shall be charged to and borne by the state agency in which the complainant was employed. The presiding officer's authority shall be limited to the following:
(i) To conduct hearings in accordance with W.S. 16-3-112(b)(i) through (vii) of the Wyoming Administrative Procedure Act and the personnel rules of the executive branch of the state;
(ii) To determine if the agency complied with relevant procedural requirements of the personnel rules of the executive branch of the state of Wyoming. Any error or defect in the proceedings which does not affect the substantial rights of either of the parties may be disregarded;
(iii) To determine, based upon the evidence presented at the hearing, whether the agency established facts by a preponderance of the evidence constituting good cause for the personnel action, in which event the action shall be affirmed, or whether the facts established by the agency do not constitute good cause for the personnel action, in which event the action shall be reversed.
(b) Repealed by Laws 1989, ch. 197, § 2.
(c) The decision of a presiding officer under subsection
(a) of this section constitutes the final agency action, but any party, including the state of Wyoming, aggrieved by a decision of a presiding officer may seek judicial review of that decision in the district court pursuant to W.S. 16-3-114. The district court or supreme court may award reasonable attorney fees and costs to the prevailing party.
(d) Upon reversal of a personnel action, the agency shall retain authority to take other management actions, as recommended by the presiding officer, including less severe personnel action, based upon the facts found at the hearing.
(e) Repealed by Laws 2022, ch. 55, § 2.
(f) Repealed by Laws 2022, ch. 55, § 2.
(g) Repealed by Laws 2022, ch. 55, § 2.
(h) Repealed by Laws 2022, ch. 55, § 2.
9-2-3207. Duties of department performed through human resources division.
(a) Subject to subsection (b) of this section, the department through the human resources division shall:
(i) Establish and administer a personnel classification schedule covering all agency employees, classifying positions into categories determined by similarity of duties, authority, responsibilities and other relevant factors of employment;
(ii) Establish and administer a consistent, equitable and flexible compensation plan covering all agency employees;
(iii) Supervise employer-employee benefit plans not otherwise provided for by law;
(iv) Maintain an information roster on each employee of the state specifying employee name, employing agency, position classification, rate of compensation, job title, position description and service tenure. The information shall be available for inspection only as provided by the Public Records Act;
(v) Maintain a register of applications made by all persons seeking employment with an agency. Each application shall be rated on the basis of suitability and qualifications without regard to political affiliation, race, color, sex, creed or age;
(vi) Initiate and administer recruitment programs designed to attract a sufficient quantity of suitable and qualified employees to the service of the state as needed to fulfill service commitments to its citizens;
(vii) Approve all in-service or staff development programs available through agencies or sponsored by the department;
(viii) Approve all agencies' changes related to personnel with respect to compensation, position classification, transfers, job titles, position specifications and leave time;
(ix) Subject to subsection (g) of this section, establish personnel standards governing employee leave time, hours of work, attendance, grievances and terminations;
(x) With the cooperation and assistance of the division of economic analysis, collect and maintain statistical information related to personnel administration from agencies;
(xi) Promulgate reasonable rules:
(A) Which are necessary to administer the classification plan and the compensation plan;
(B) Governing minimum hours of work, attendance regulations, leaves of absence for employees, vacations and the order and manner in which layoffs shall be made;
(C) Concerning recruiting, transfers, discipline, grievances and appeals;
(D) Necessary to administer a program whereby employees may share positions as set forth in subsection (f) of this section;
(E) Repealed By Laws 2009, Ch. 129, § 2.
(F) Necessary to administer a program whereby at-will contract employees may be utilized by agencies to meet programmatic needs. These rules shall be structured so that:
(I) At-will contract employees receive benefits limited to coverage and employer contributions as required by law for social security, worker's compensation, unemployment compensation and group insurance benefits as provided in subdivision (III) of this subparagraph and except as otherwise provided in subdivision (IV) of this subparagraph;
(II) The minimum benefits or rights specifically required under any federal law are provided. In determining the minimum benefits or rights provided under federal law, the rules shall require employment contracts under this subparagraph to be structured so as to exempt at-will contract employees from coverage to the greatest extent possible;
(III) Except as provided in this subdivision and in subdivision (IV) of this subparagraph, no at-will contract employees shall be eligible for or accrue any type of leave or be eligible to participate in or otherwise be covered by state employees' and officials' group insurance, the state retirement system or the deferred compensation program. If the employment contract so provides, an at-will contract employee may be eligible for membership in the state employees' and officials' group insurance plan in accordance with W.S. 9-3-207, or in the case of the Wyoming retirement system an at-will contract employee of a member employer may be enrolled in the system if that employee's wages under the contract are reported on an Internal Revenue Service Form W-2 Wage and Tax Statement, provided the employee pays the total premium or contribution required;
(IV) Notwithstanding subdivision (III) of this subparagraph, if the employment contract so provides, an at-will, year-round, full-time brand inspection contract employee authorized to carry out the duties specified by W.S. 11-20-201 may be eligible for membership in the state employees' and officials' group insurance plan in accordance with W.S. 9-3-207, and the state retirement system under W.S. 9-3-412 and 9-3-413.1, provided the employee pays the total premium or total contribution required, or the portion of the premium or contribution, if any, the employment contract directs the employee to pay and the employee's wages under the contract are reported on an Internal Revenue Service Form W-2 Wage and Tax Statement. Subject to the limitations of W.S. 9-3-412(c) and 9-3-413.1(b), the Wyoming livestock board shall have sole discretion to determine the amount of the total premium or contribution to be paid by the employee and the amount to be paid by the board, if any. The amounts shall be stated in the employment contract. The time limitations provided in subdivision (V) of this subparagraph shall not apply to any employee under this subdivision;
(V) An at-will contract shall be for a term not exceeding twenty-four (24) months subject to renewal of the contract at the end of the contract period and W.S. 9-2-1012(h);
(VI) No at-will employee contract position shall be created unless specifically authorized by legislation or approved by the governor. Any position approved by the governor shall be reported to the joint appropriations committee. Continued authorization of any at-will employee contract position created by the governor shall be subject to legislative review and approval pursuant to W.S. 9-2-1012(h).
(xii) Repealed By Laws 2009, Ch. 129, § 2.
(xiii) Administer all statewide training functions provided by the department;
(xiv) Repealed By Laws 2001, Ch. 55, § 3.
(b) The state compensation plan shall, to the extent not otherwise provided by law, apply to all state executive branch employees except those employees of the University of Wyoming and community colleges. The compensation and classification plan shall be designed to attract and retain a sufficient quantity of quality employees with competitive compensation based on relevant labor markets for each class of employment. The plan shall be based upon principles of fairness and equity and be administered with sound fiscal discipline. The plan shall utilize both fixed and variable compensation as well as noncash reward and recognition programs. All variable compensation benefits under the plan, except as otherwise provided by law, shall be administered by the department as a separately designated and appropriated budget item. The plan shall consist of:
(i) Current job descriptions. These shall describe job content including the nature and level of work performed, responsibilities, requirements to possess professional licenses, certifications or registrations, and assist in job evaluation and classification, pay comparisons with other entities, recruitment, selection and performance appraisal;
(ii) Job content and classification. This process shall formally assign positions to classifications and determine pay grades in one (1) or more pay systems based on an evaluation of the content of jobs using quantitative point factors. At a minimum, these factors shall include knowledge, experience, skill problem solving, accountability and working conditions. These factors and their weights shall be established by the human resources division and reflect the relative importance of job content to the state and to the appropriate local, regional, national market or a combination of these markets as determined by the division. Establishing the value of compensation shall be primarily based on establishing the appropriate market value of the job. For positions for which a market value cannot readily be identified, the value of compensation shall be based on a fair and defensible method. Total compensation, including base salary, benefits, lump sum payments, allowances and other variable elements of compensation shall be targeted at a competitive level when compared to the appropriate labor markets to allow the state to attract and retain the quality and quantity of employees needed to fulfill service commitments to its citizens. The human resources division shall periodically audit and update the system to ensure that it reflects current labor market conditions and shall review applicable department rules and regulations, or through assessing employee complaints analyze hiring difficulties and turnover statistics;
(iii) Pay data collection and analysis. Data collection shall be based on a defined and relevant labor market that is representative of public and private sector employers. The relevant labor market may be local, regional, national or a combination of these markets as determined by the division to best reflect the relative importance of a job to the state. Data analysis shall identify salary ranges for each pay grade with minimum and maximum dollar limits. The total compensation package for state employees shall be considered in the data collection and analysis;
(iv) Procedures to set and change individual pay rates consistent with subsection (c) of this section;
(v) A performance appraisal system. This system shall measure performance in writing as objectively as possible. The system shall relate differences in performance levels and provide a means of employee advancement within classification pay grades. Evaluators shall be trained in performance appraisal prior to assessing the performance of any employee. Evaluators shall be required to attend continuing personnel evaluation education programs as deemed necessary by the human resources division. All employees subject to appraisal may respond to the appraisal of their performance in writing;
(vi) When a license, certification or registration is required to perform job duties it shall be included in the position job classification, job advertisement and announcement;
(vii) Data collected under this subsection shall be available to the legislature as needed.
(c) The state compensation plan shall provide for the following procedures to establish and change individual pay rates:
(i) Rates of pay shall be determined using knowledge, skills, abilities, experience, responsibilities, requirements to possess professional licenses, certifications or registrations, and labor market conditions giving consideration to salaries in the public and private sector in the relevant labor market as determined by the division. Rates of pay shall be based on a combination of achievement of performance objectives, recognition of differences in job content, acquisition and application of further knowledge, skills and abilities;
(ii) General pay increases shall be only those approved by the legislature;
(iii) Pay increases based on performance appraisals shall be approved consistent with the performance appraisal system;
(iv) Promotion pay increases may be approved when an employee moves to a higher job grade;
(v) Longevity pay increases shall be approved at a rate of forty dollars ($40.00) per month for each five (5) years of service. Longevity pay increases shall not be considered as part of base pay;
(vi) Special pay increases may be approved by the governor using available funds.
(d) Repealed by Laws 1989, ch. 52, § 2.
(e) Any employee who has been paid for accumulated vacation or sick leave upon separation and who is rehired within thirty-one (31) days after separation, shall fully reimburse all payments for accumulated vacation or sick leave within thirty-one (31) days after being rehired with all rights. Any person who fails to reimburse the state as herein required shall be terminated.
(f) The human resources division shall establish and administer a program of position sharing subject to the following provisions:
(i) The sharing of any position is subject to approval by the director or chief administrator of the agency;
(ii) Each employee shall work a portion, equal to the employee's share of the full-time position, of the number of hours required for the full-time position being shared;
(iii) Each employee shall receive a portion, equal to the employee's share of the full-time position, of the salary attributable to the full-time position being shared, according to the state classification and compensation plan;
(iv) Position sharing employees are entitled to a portion, equal to the employee's share of the full-time position, of employee benefits accorded to full-time employees. Benefits which cannot be divided, such as participation in the state group health and life insurance programs, shall be accorded to position sharing employees on the same basis as full-time employees without division, but the state's contribution to the insurance or other benefit programs shall be a portion, equal to the employee's share of the full-time position, of the contribution for full-time employees.
(g) The state shall, in accordance with rules promulgated by the human resources division and on behalf of any employee receiving temporary total disability benefits for an injury covered under the Wyoming Worker's Compensation Act and sustained while acting within the scope of employment with the state, for two (2) calendar months following the month in which the injury occurred, pay the employer's contributions to the state group health insurance plan, the state group life insurance plan and to the state retirement system. For the following four (4) calendar months the state shall pay both the employer's and the employee's contributions to the state group health insurance plan, the state group life insurance plan and the state retirement system. Payments under this subsection shall continue and the injured employee's employment shall be considered continuous until the end of the sixth calendar month following the month in which the injury occurred, until the injured employee returns to work or is terminated or until the injured employee is no longer eligible to receive temporary total disability benefits, whichever first occurs.
(h) In promulgating rules regarding layoffs due to reductions in force, the division shall require:
(i) That each agency shall designate divisions within the agency for the purpose of reduction in force;
(ii) That no layoffs from a reduction in force shall occur within sixty (60) days of any designation under paragraph
(i) of this subsection;
(iii) That layoffs due to a reduction in force shall occur within affected divisions designated under paragraph (i) of this subsection and that no employee affected by a reduction in force shall displace any other employee outside his designated division;
(iv) That designations under paragraph (i) of this subsection shall be made by the agency director and are not rules under W.S. 16-3-101 through 16-3-115.
(j) Designations under paragraph (h)(i) of this section:
(i) Shall not be effective until approved by the governor;
(ii) Are not subject to contested case procedures or judicial review under W.S. 16-3-101 through 16-3-115.
(k) Repealed By Laws 2009, Ch. 129, § 2.
(m) A department director or commissioner appointed by the governor shall serve at the pleasure of the governor and may be removed by him as provided by W.S. 9-1-202. If authorized by law or upon approval by the governor, a department director or commissioner may appoint a deputy department director, one (1) or more division administrators, or both, who shall serve at the pleasure of the director or commissioner and may be removed by him at any time without cause. Any person appointed under this subsection shall be covered under the executive compensation plan. This subsection is not applicable to the game and fish department.
(n) In carrying out the duties of the division under this section, employment first shall be the policy of the state that competitive and integrated employment shall be considered its first option when serving persons with disabilities who are of working age to obtain employment. Employment first applies to programs and services that provide services and support to help obtain employment for persons with disabilities. All state agencies shall follow this policy and ensure that it is effectively implemented in their hiring and in all programs and services administered or funded by the agencies. Nothing in this section shall be construed to require any employer to give preference to hiring people with a disability. All state agencies shall coordinate efforts and shall collaborate within and among the agencies to ensure that state programs, policies, procedures and funding support competitive and integrated employment of individuals with disabilities. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this subsection. Nothing in this section shall be construed as eliminating any supported employment services as an option when appropriate.
9-2-3208. Duties performed through division of economic analysis.
(a) The department through the division of economic analysis, in cooperation with other governmental and private agencies, shall:
(i) Assist state agencies in developing statistical and informational management programs by collecting, compiling, analyzing and distributing information and statistics when the information is readily available from other agencies, and eliminate the duplication of collection, compilation and distribution of information or data prepared by agencies;
(ii) Act as overall supervisory and coordinating authority for statistical, informational or research programs conducted by or on behalf of agencies;
(iii) Conduct statistical research and studies on its own authority or as requested by other governmental bodies;
(iv) Establish uniform criteria for collecting, distributing, compiling, reporting and analyzing statistical and other information generated by agencies;
(v) Establish and maintain a central depository of statistical and other data relative to the operation of state government for the economic and environmental life of this state;
(vi) Consolidate into digest form information and reports which lend themselves to compilation;
(vii) Establish uniform criteria for collecting, compiling, analyzing, reporting and distributing economic data for all Wyoming counties related to uses of and economic impacts to state and federal surface and mineral lands, including but not limited to development of agriculture, grazing, minerals, timber, water, industrial resources, recreation and energy production;
(viii) Utilize a nationally recognized model for the compilation and the analysis of the data described in paragraph
(vii) of this subsection;
(ix) Collect, compile, analyze, maintain, update, report, distribute and consolidate into digest form the economic data described in paragraph (vii) of this subsection. The analysis shall be independent pertaining to the data collected and shall not express any opinion of the economic impacts determined under paragraph (vii) of this subsection. Any economic data collected, compiled, analyzed, maintained, updated, reported or consolidated by the division of economic analysis under this subsection, other than information that is not available for inspection under W.S. 16-4-201 through 16-4-205, shall be available for public review and comment. This data shall be updated at least once every three (3) years;
(x) Supervise and coordinate statistical, informational or research programs conducted by the division on behalf of counties and establish and maintain a central depository of economic, statistical and other data relative to Wyoming counties;
(xi) Prepare an annual catalog listing the type of statistical information available from state agencies and other sources.
9-2-3209. Purchasing for legislature and judiciary; approval; requirements.
Purchases of supplies and services for the legislature shall be approved by the management council or its designee. Purchases of supplies and services for the judiciary shall be approved by the judges for their respective courts. Purchases of supplies and services by the offices of state elected officials shall be approved by the respective elected official or his designee and made in accordance with the requirements and guidelines of W.S. 9-2-3204. Purchases by the legislature or the judiciary shall be made in accordance with the requirements and guidelines for competitive or negotiated purchases or contracts set forth in W.S. 9-2-3204(b)(iv)(A) and (B).