Law

Title 16 City, County, State and Local Powers

Wyoming · 16 · statute

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Contents: 271 provisions
  1. 16-1-101. Authority to cooperate.
  2. 16-1-102. Short title.
  3. 16-1-103. Definitions.
  4. 16-1-104. Joint powers, functions and facilities; city-
  5. 16-1-105. Joint agreements.
  6. 16-1-106. Joint powers boards; fiscal manager.
  7. 16-1-107. Financing of joint projects.
  8. 16-1-108. Obligations and responsibilities of participating agencies.
  9. 16-1-109. State loan and investment board loans; amount; interest; security; conditions.
  10. 16-1-110. Loss reserve account created; deposits; disposition of funds.
  11. 16-1-111. Loans to political subdivisions; requirements; limitations; rulemaking.
  12. 16-1-201. Definitions.
  13. 16-1-202. Account established; state match.
  14. 16-1-203. Account administration; board powers and duties; department powers and duties; fiscal procedures.
  15. 16-1-204. Environmental review process.
  16. 16-1-205. Authorized projects; authorized financial assistance.
  17. 16-1-206. Financial assistance priorities.
  18. 16-1-207. Department loans; repayment.
  19. 16-1-301. Definitions.
  20. 16-1-302. Account established; state match.
  21. 16-1-303. Account administration; board powers and duties;
  22. 16-1-304. Environmental review process.
  23. 16-1-305. Authorized projects; authorized financial assistance.
  24. 16-1-306. Inventory of publicly owned water systems; sanitary surveys.
  25. 16-1-307. Transfer of funds.
  26. 16-1-308. Emergency financial assistance.
  27. 16-2-101. Definitions.
  28. 16-2-102. Facsimile signature; authorized use; legal effect.
  29. 16-2-103. Facsimile seal of state; authorized use; legal effect.
  30. 16-2-104. Repealed by Laws 1982, ch. 75, § 5.
  31. 16-3-101. Short title; definitions.
  32. 16-3-102. General rulemaking requirements; assistance and authority of attorney general.
  33. 16-3-103. Adoption, amendment and repeal of rules; notice;
  34. 16-3-104. Filing of copies of rules; permanent register;
  35. 16-3-105. Compilation and indexing of administrative code; charges for copies; authentication by registrar.
  36. 16-3-106. Petition for promulgation, amendment or repeal of rules.
  37. 16-3-107. Contested cases; general procedure.
  38. 16-3-108. Contested cases; admissible evidence; cross-examination; judicial notice.
  39. 16-3-109. Contested cases; consideration of record; exceptions to decision; briefs and oral argument.
  40. 16-3-110. Contested cases; final decision; contents; notification.
  41. 16-3-111. Contested cases; limitations on consultations and participations.
  42. 16-3-112. Contested cases; presiding officers;
  43. 16-3-113. License hearings.
  44. 16-3-114. Judicial review of agency actions; district courts.
  45. 16-3-115. Judicial review of agency actions; supreme court.
  46. 16-4-101. Short title.
  47. 16-4-102. Definitions.
  48. 16-4-103. Budget requirements.
  49. 16-4-104. Preparation of budgets; contents; review; subsequent authorized projects.
  50. 16-4-105. Accumulated retained earnings or fund surplus; capital improvements reserve.
  51. 16-4-106. Property tax levy.
  52. 16-4-107. Authorized purchases or encumbrances.
  53. 16-4-108. Limitation on expenditures or encumbrances; documentation of expenditures.
  54. 16-4-109. Budget hearings.
  55. 16-4-110. Limitation on appropriations.
  56. 16-4-111. Adoption of budget.
  57. 16-4-112. Transfer of unencumbered or unexpended appropriation balances.
  58. 16-4-113. General fund budget increase.
  59. 16-4-114. Emergency expenditures.
  60. 16-4-115. Appropriations lapse; prior claims.
  61. 16-4-116. Transfer of special fund balances.
  62. 16-4-117. Interfund loans.
  63. 16-4-118. Special assessments.
  64. 16-4-119. Financial statements and reports; public inspection.
  65. 16-4-120. Prescribed accounting systems.
  66. 16-4-121. Required annual audits; conduct; expenses;
  67. 16-4-122. Required annual audits; reports; contents and filing.
  68. 16-4-123. Examinations of audit reports; violations; malfeasance by public officers and employees.
  69. 16-4-124. Payment of expenses to conventions or meetings; required specific appropriation; violation.
  70. 16-4-125. Fiscal year for governmental entities; budget
  71. 16-4-201. Definitions; short title; designation of ombudsman.
  72. 16-4-202. Right of inspection; rules and regulations; unavailability; training.
  73. 16-4-203. Right of inspection; grounds for denial; access
  74. 16-4-204. Right of inspection; copies, printouts or photographs; fees.
  75. 16-4-205. Penalties; remedies.
  76. 16-4-301. When documents deemed filed.
  77. 16-4-302. Competent evidence of delivery.
  78. 16-4-303. Filing date falling on Saturday, Sunday or legal holiday.
  79. 16-4-304. Applicability of provisions.
  80. 16-4-401. Statement of purpose.
  81. 16-4-402. Definitions.
  82. 16-4-403. Meetings to be open; participation by public; minutes.
  83. 16-4-404. Types of meetings; notice; recess.
  84. 16-4-405. Executive sessions.
  85. 16-4-406. Disruption of public meetings.
  86. 16-4-407. Conflict of law.
  87. 16-4-408. Penalty.
  88. 16-4-501. Definition.
  89. 16-4-502. Collection of debts due a governmental entity; discharge of uncollectible debts.
  90. 16-4-601. Audit requirements relating to federal aid; frequency of audits.
  91. 16-5-101. Short title.
  92. 16-5-102. Definitions.
  93. 16-5-103. Authority to refund; purposes therefor.
  94. 16-5-104. Interest; terms and conditions; negotiability.
  95. 16-5-105. General prerequisites and limitations.
  96. 16-5-106. Limitations on number of issues.
  97. 16-5-107. Maximum allowable indebtedness.
  98. 16-5-108. Sale or exchange; price.
  99. 16-5-109. Costs of refunding.
  100. 16-5-110. Disposition of proceeds; escrowed proceeds.
  101. 16-5-111. Signing, countersigning, execution or
  102. 16-5-112. Recitals in securities imparting legality.
  103. 16-5-113. Endorsement.
  104. 16-5-114. Governing body's determination of legality.
  105. 16-5-115. Refunding by divided governing bodies.
  106. 16-5-116. Financing; annual property tax; other funds.
  107. 16-5-117. Exemption from taxation; exception.
  108. 16-5-118. Other outstanding securities.
  109. 16-5-119. Scope, authority and effect of provisions.
  110. 16-5-201. Short title.
  111. 16-5-202. Definitions.
  112. 16-5-203. Outstanding securities.
  113. 16-5-204. Prior securities; limitations; exceptions.
  114. 16-5-301. Voidness of excessive indebtedness; liability of officer and sureties.
  115. 16-5-302. Issuance of bonds in series; discharge.
  116. 16-5-303. Redemption of bonds owned by state.
  117. 16-5-401. Short title.
  118. 16-5-402. Definitions.
  119. 16-5-403. Authority to issue notes; election thereon.
  120. 16-5-404. Authorizing instrument.
  121. 16-5-405. Manner of issuance; form, terms and conditions.
  122. 16-5-406. Payment, surrender and cancellation.
  123. 16-5-407. Security; sources of payment.
  124. 16-5-408. Signing, countersigning, execution or attestation of notes; facsimile seals and signatures.
  125. 16-5-409. Recital in notes imparting legality.
  126. 16-5-410. Endorsement.
  127. 16-5-411. Governing body's determination of legality.
  128. 16-5-412. Scope, authority and effect of provisions.
  129. 16-5-502. Form, payment and transfer of securities.
  130. 16-5-503. Determination by resolution or ordinance.
  131. 16-5-504. No restriction on other acts.
  132. 16-6-101. Definitions.
  133. 16-6-102. Resident contractors; preference limitation with
  134. 16-6-103. Limitation on subcontracting by resident contractors.
  135. 16-6-104. Preference for Wyoming materials required in contracts.
  136. 16-6-105. Preference for Wyoming materials and Wyoming
  137. 16-6-106. Statement of Wyoming materials preference in requests for bids and proposals.
  138. 16-6-107. Wyoming materials preference required in public works; exception.
  139. 16-6-108. Governing of federal funds by federal law.
  140. 16-6-109. Use of insurance for rebuilding state structures.
  141. 16-6-110. Limitation on work hours; overtime; exceptions.
  142. 16-6-111. Penalty for violating work hours provisions.
  143. 16-6-112. Contractor's performance and payment bond or
  144. 16-6-113. Contractor's performance and payment bond or
  145. 16-6-114. Contractor's performance and payment bond or
  146. 16-6-115. Contractor's performance and payment bond or other guarantee; limitation of actions.
  147. 16-6-116. Payment to contractor; substantial completion; final completion; required notices.
  148. 16-6-117. Payment to contractor; prerequisite filing of contractor's statement of payment; disputed claims.
  149. 16-6-118. Unlawful interest of officeholders in public contracts or works; exception.
  150. 16-6-119. Contracts for public works; right to reject bids or responses; qualifications of bidders and respondents.
  151. 16-6-120. Rulemaking; penalties; enforcement.
  152. 16-6-121. Notice required to receive protection under a
  153. 16-6-122. Public works contracts and grants; prohibited terms; exemptions; definitions.
  154. 16-6-201. Short title.
  155. 16-6-202. Definitions.
  156. 16-6-203. Required resident labor on public works; exception.
  157. 16-6-204. Employees not covered by provisions.
  158. 16-6-205. Enforcement.
  159. 16-6-206. Failure to employ state laborers; penalty.
  160. 16-6-301. Preference for resident bidders; exception; "resident" defined; violation.
  161. 16-6-401. Definitions.
  162. 16-6-402. Computation of life-cycle costs.
  163. 16-6-403. Life-cycle cost analyses.
  164. 16-6-501. Building plans and specifications; required facilities; elevators; curb ramps; inspections; exceptions.
  165. 16-6-502. Building plans and specifications; state fire marshal; review and approval.
  166. 16-6-503. Building plans and specifications; state fire
  167. 16-6-504. Building plans and specifications; hearing on
  168. 16-6-601. Definitions.
  169. 16-6-602. Payment of agency accounts; interest.
  170. 16-6-701. Definitions.
  171. 16-6-702. Public entity; contracts; partial payments; retainage; alternate delivery methods authorized.
  172. 16-6-703. Public work; completion by public entity; partial payments.
  173. 16-6-704. Interest bearing deposit agreement; option to enter into.
  174. 16-6-705. Custodian for obligations; collection of interest income-payable to contractor.
  175. 16-6-706. Applicability of provisions.
  176. 16-6-707. Construction management alternate delivery method.
  177. 16-6-708. Responsibilities under alternative delivery contracts.
  178. 16-6-801. Definitions.
  179. 16-6-802. Construction of new public buildings; state funds.
  180. 16-6-803. Department of commerce to acquire works of art;
  181. 16-6-804. Acquisitions property of state art collection; maintenance; expenses.
  182. 16-6-805. Application.
  183. 16-6-901. Repealed by Laws 2023, ch. 19, § 1.
  184. 16-6-902. Repealed by Laws 2023, ch. 19, § 1.
  185. 16-6-1001. Capital construction projects restrictions; preference requirements; waivers.
  186. 16-6-1101. Contractor licenses; reciprocity; requirements.
  187. 16-7-101. Short title.
  188. 16-7-102. Definitions.
  189. 16-7-103. Relocation payments to displaced persons.
  190. 16-7-104. Replacement housing payments; home owners.
  191. 16-7-105. Replacement housing payment; tenants.
  192. 16-7-106. Relocation assistance advisory programs; services provided.
  193. 16-7-107. Assurance of replacement housing; waiver.
  194. 16-7-108. Assurance of replacement housing; prescription of rules, regulations and procedures by governor.
  195. 16-7-109. Assurance of replacement housing; administration of relocation programs.
  196. 16-7-110. Available funds.
  197. 16-7-111. Available funds; state financial assistance for local relocation payments and services.
  198. 16-7-112. Repealed by Laws 1989, ch. 241, § 2.
  199. 16-7-113. Displacement payments not considered as income for public assistance purposes.
  200. 16-7-114. Appeals by aggrieved persons.
  201. 16-7-115. Programs with federal financing; reimbursable expenses of displaced property owner.
  202. 16-7-116. Programs with federal financing; condemnation
  203. 16-7-117. Programs with federal financing; inverse condemnation proceedings.
  204. 16-7-118. Programs with federal financing; real property acquisition policies.
  205. 16-7-119. Programs with federal financing; buildings,
  206. 16-7-120. Applicability of real property acquisition provisions.
  207. 16-7-121. Damages in condemnation proceedings.
  208. 16-8-101. Removal of off-premise outdoor advertising prohibited without compensation; definitions.
  209. 16-9-101. Short title.
  210. 16-9-102. Definitions.
  211. 16-9-103. Imposition of tax; liability of user for tax;
  212. 16-9-104. Remittance of tax to the governing body; administrative fee; establishment of rate of tax.
  213. 16-9-105. Agreements or contract for 911 emergency reporting systems; use of funds collected.
  214. 16-9-106. Private listing and wireless subscribers, 911 service.
  215. 16-9-107. Confidentiality of information.
  216. 16-9-108. Immunity for providers.
  217. 16-9-109. State-wide imposition of tax; prepaid wireless; collection; distribution; immunity.
  218. 16-9-110. Statewide 911 coordinator.
  219. 16-9-111. Providing call location information in an emergency.
  220. 16-9-112. 911 outage reporting.
  221. 16-9-113. 911 study and grants.
  222. 16-9-201. Definitions.
  223. 16-9-202. Committee on telecommunications services for the communications impaired; composition; allocation.
  224. 16-9-203. Term of office; vacancies; officers; bylaws; compensation; conflict of interest.
  225. 16-9-204. Power and duties of the committee.
  226. 16-9-205. Program established; purpose; responsibilities of the division of vocational rehabilitation.
  227. 16-9-206. Message relay system; requirements.
  228. 16-9-207. Gifts and grants.
  229. 16-9-208. Account for telecommunications services for the communications impaired.
  230. 16-9-209. Special fee.
  231. 16-9-210. Records; audit.
  232. 16-10-101. Short title.
  233. 16-10-102. Definitions.
  234. 16-10-103. Powers.
  235. 16-10-104. Formation of a surface water drainage utility.
  236. 16-10-105. Ordinance or resolution for construction; required and authorized provisions.
  237. 16-10-106. Agreements authorized.
  238. 16-10-107. Surface water drainage utility board.
  239. 16-10-108. Refunding revenue bonds.
  240. 16-10-109. Use of surplus funds.
  241. 16-10-110. Recovery of unpaid charges.
  242. 16-11-101. Definitions.
  243. 16-11-102. Operation of shooting ranges; liability.
  244. 16-11-103. Regulation of location and construction.
  245. 16-12-101. Repealed by Laws 2017, ch. 62, § 3.
  246. 16-12-102. Repealed by Laws 2017, ch. 62, § 3.
  247. 16-12-103. Repealed by Laws 2017, ch. 44, § 1; ch. 62, § 3.
  248. 16-12-104. Repealed by Laws 2017, ch. 62, § 3.
  249. 16-12-105. Repealed by Laws 2017, ch. 62, § 3.
  250. 16-12-201. Definitions.
  251. 16-12-202. Applicability to special districts and other specified entities; general provisions.
  252. 16-12-301. Short title.
  253. 16-12-302. Applicability; filing requirements.
  254. 16-12-303. Maintaining public records.
  255. 16-12-304. Public meetings.
  256. 16-12-401. Applicability.
  257. 16-12-402. Definitions.
  258. 16-12-403. Preparation of budgets; contents; review.
  259. 16-12-404. Accumulated reserves or fund surplus.
  260. 16-12-405. Property tax levy.
  261. 16-12-406. Budget hearings.
  262. 16-12-407. Limitation on appropriations.
  263. 16-12-408. Adoption of budget.
  264. 16-12-409. Transfer of unencumbered or unexpended appropriation balances.
  265. 16-12-410. General fund budget increase.
  266. 16-12-411. Emergency expenditures.
  267. 16-12-412. Appropriations lapse; prior claims and obligations.
  268. 16-12-413. Transfer of special fund balances.
  269. 16-12-414. Interfund loans.
  270. 16-13-101. Applicability.
  271. 16-13-102. Permitting timeline for residential building permits.

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271 provisions

16-4-402. Definitions.

(a) As used in this act: (i) "Action" means the transaction of official business of an agency including a collective decision, a collective commitment or promise to make a positive or negative decision, or an actual vote upon a motion, proposal, resolution, regulation, rule, order or ordinance at a meeting; (ii) "Agency" means any authority, bureau, board, commission, committee, or subagency of the state, a county, a municipality or other political subdivision which is created by or pursuant to the Wyoming constitution, statute or ordinance, other than the state legislature, the judiciary, the consensus revenue estimating group as defined in W.S. 9-2-1002 and the investment funds committee created by W.S. 9-4-720; (iii) "Meeting" means an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the expressed purpose of discussion, deliberation, presentation of information or taking action regarding public business; (iv) "Assembly" means communicating in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporaneously; (v) "This act" means W.S. 16-4-401 through 16-4-408.

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16-4-403. Meetings to be open; participation by public; minutes.

(a) All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action of a governing body of an agency shall be taken except during a public meeting following notice of the meeting in accordance with this act. Action taken at a meeting not in conformity with this act is null and void and not merely voidable. (b) A member of the public is not required as a condition of attendance at any meeting to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance. A person seeking recognition at the meeting may be required to give his name and affiliation. (c) Minutes of a meeting: (i) Are required to be recorded but not published from meetings when no action is taken by the governing body; (ii) Are not required to be recorded or published for day-to-day administrative activities of an agency or its officers or employees. (d) No meeting shall be conducted by electronic means or any other form of communication that does not permit the public to hear, read or otherwise discern meeting discussion contemporaneously. Communications outside a meeting, including, but not limited to, sequential communications among members of an agency, shall not be used to circumvent the purpose of this act.

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16-4-404. Types of meetings; notice; recess.

(a) In the absence of a statutory requirement, the governing body of an agency shall provide by ordinance, resolution, bylaws or rule for holding regular meetings unless the agency's normal business does not require regular meetings in which case the agency shall provide notice of its next meeting to any person who requests notice. A request for notice may be made for future meetings of an agency. The request shall be in writing and renewed annually to the agency. (b) Special meetings may be called by the presiding officer of a governing body by giving verbal, electronic or written notice of the meeting to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice. The notice shall specify the time and place of the special meeting and the business to be transacted and shall be issued at least eight (8) hours prior to the commencement of the meeting. No other business shall be considered at a special meeting. Proof of delivery of verbal notice to the newspaper of general circulation, radio or television station may be made by affidavit of the clerk or other employee or officer of the agency charged or responsible for distribution of the notice of the meeting. (c) The governing body of an agency may recess any regular, special, or recessed regular or special meeting to a place and at a time specified in an order of recess. A copy of the order of recess shall be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held. (d) The governing body of an agency may hold an emergency meeting on matters of serious immediate concern to take temporary action without notice. Reasonable effort shall be made to offer public notice. All action taken at an emergency meeting is of a temporary nature and in order to become permanent shall be reconsidered and acted upon at an open public meeting within forty-eight (48) hours, excluding weekends and holidays, unless the event constituting the emergency continues to exist after forty-eight (48) hours. In such case the governing body may reconsider and act upon the temporary action at the next regularly scheduled meeting of the agency, but in no event later than thirty (30) days from the date of the emergency action. (e) Day-to-day administrative activities of an agency, its officers and its employees shall not be subject to the notice requirements of this section.

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16-4-405. Executive sessions.

(a) A governing body of an agency may hold executive sessions not open to the public: (i) With the attorney general, county attorney, district attorney, city attorney, sheriff, chief of police or their respective deputies, or other officers of the law, on matters posing a threat to the security of public or private property, or a threat to the public's right of access; (ii) To consider the appointment, employment, right to practice or dismissal of a public officer, professional person or employee, or to hear complaints or charges brought against an employee, professional person or officer, unless the employee, professional person or officer requests a public hearing. The governing body may exclude from any public or private hearing during the examination of a witness, any or all other witnesses in the matter being investigated. Following the hearing or executive session, the governing body may deliberate on its decision in executive sessions; (iii) On matters concerning litigation to which the governing body is a party or proposed litigation to which the governing body may be a party; (iv) On matters of national security; (v) When the agency is a licensing agency while preparing, administering or grading examinations; (vi) When considering and acting upon the determination of the term, parole or release of an individual from a correctional or penal institution; (vii) To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price; (viii) To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential; (ix) To consider or receive any information classified as confidential by law; (x) To consider accepting or tendering offers concerning wages, salaries, benefits and terms of employment during all negotiations including meetings of the state loan and investment board to receive education regarding and to interview investment managers; (xi) To consider suspensions, expulsions or other disciplinary action in connection with any student as provided by law; (xii) To consider, discuss and conduct safety and security planning that, if disclosed, would pose a threat to the safety of life or property; (xiii) To consider an individual student's eligibility to participate in an interscholastic activity, including the school activity eligibility commission's determinative vote on the student's eligibility, pursuant to W.S. 21-25-204, if the commission is in effect pursuant to W.S. 21-25-202. (b) Minutes shall be maintained of any executive session. Except for those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order. (c) Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made. A motion to hold an executive session which specifies any of the reasons set forth in paragraphs (a)(i) through (xii) of this section shall be sufficient notice of the issue to be considered in an executive session.

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16-4-406. Disruption of public meetings.

If any public meeting is willfully disrupted by a person or group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the person or persons who are willfully interrupting the meeting, the governing body of an agency may order the removal of the person or group from the meeting room and continue in session, or may recess the meeting and reconvene at another location. Only matters appearing on the agenda may be acted upon in a meeting recessed to another location. A governing body of an agency shall establish procedures for readmitting an individual or individuals not responsible for disturbing the conduct of a meeting. Duly accredited members of the press or other news media except those who participated in a disturbance shall be allowed to attend any meeting permitted by this section.

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16-4-407. Conflict of law.

If the provisions of this act conflict with any other statute, the provisions of this act shall control.

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16-4-408. Penalty.

(a) Any member or members of an agency who knowingly or intentionally violate the provisions of this act shall be liable for a civil penalty not to exceed seven hundred fifty dollars ($750.00) except as provided in this subsection. Any member of the governing body of an agency who attends or remains at a meeting knowing the meeting is in violation of this act shall be liable under this subsection unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes. (b) If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.

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16-4-501. Definition.

(a) Repealed by Laws 1987, ch. 123, § 2. (b) As used in this section and W.S. 16-4-502, "entity" means a city, town, county, school district, community college district and special taxing district.

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16-4-502. Collection of debts due a governmental entity; discharge of uncollectible debts.

(a) The governing body of any governmental entity may authorize the use of the services of a collection agency licensed in Wyoming to assist in the collection of debts due the governmental entity. (b) Any debt due and owing to a governmental entity, which is determined to be uncollectible, shall be certified to the governing body of the entity by the chief administrative officer of the entity to which the debt is due. The certification shall include: (i) The name and last known address of the debtor; (ii) The goods or services for which the debt was incurred; (iii) The amount of the debt and the date when the debt became due and payable; and (iv) An explanation of what actions have been taken to collect the debt and why the debt has remained unpaid. (c) The governing body to which uncollectible debts are certified shall review the debts and verify to the satisfaction of the governing body that the debtor has no financial means or assets from which the debt may be satisfied. If the governing body determines a debt is uncollectible, it shall direct that the debt be discharged and extinguished as an account receivable or asset of the governmental entity for which the governing body acts. (d) The facts and actions which are the basis for the decision that the debt is uncollectible shall be documented in writing and shall be maintained as required under W.S. 9-2-410.

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16-4-601. Audit requirements relating to federal aid; frequency of audits.

Any federal audit requirement for state agencies that receive federal aid shall be made in accordance with generally accepted government auditing standards on a biennial basis or as the agency may request.

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16-5-101. Short title.

This act shall be known and may be cited as the "General Obligation Public Securities Refunding Law".

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16-5-102. Definitions.

(a) As used in this act: (i) "Clerk" means the clerk, secretary or other principal clerical officer of the issuer; (ii) "Federal securities" means the bills, certificates of indebtedness, notes, bonds, or similar obligations which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America; (iii) "Governing body" means the city council, town council, commission, board of commissioners, board of trustees, board of directors or other body in which the legislative powers of the issuer are vested; (iv) "Issuer" means the public body issuing any refunding public security pursuant to this act; (v) "Ordinance" means an ordinance, resolution or other proceeding by which a governing body takes formal action and adopts legislative provisions and matters of some permanency; (vi) "Public body" means any county, city, town, school district or special district created under the laws of this state or any other local government entity; (vii) "Public security" means a bond, note, certificate of indebtedness, warrant or other obligation for the payment of money, issued by any public body of this state, or any predecessor of any public body, which is payable, or which may be paid, from ad valorem taxes, or which constitutes a debt or an indebtedness within the meaning of any constitutional or statutory limitation and bonds issued to pay for improvements in a local improvement district and payable from special assessments under W.S. 15-6-431 through 15-6-447, but excluding any warrant or similar obligation payable within one (1) year from the date of its issuance or any obligation solely payable from a pledge of designated revenues other than ad valorem taxes; (viii) "Refunding public security" means a public security which is authorized to be issued pursuant to this act; (ix) "This act" means W.S. 16-5-101 through 16-5-119.

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16-5-103. Authority to refund; purposes therefor.

(a) Any public security or securities issued by any public body of the state may be refunded, without an election, by the public body which issued them, or any successor thereof, in the name of the public body which issued the public securities being refunded, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, for any one (1) or more of the following purposes: (i) For extending the maturities of all or any part of outstanding public securities for which payment is in arrears, or for which there is not, or it is certain there will not be, sufficient money to pay the principal or interest on outstanding public securities as the same respectively become due; (ii) For reducing interest costs or effecting other economies; (iii) For reorganizing all or any part of the outstanding public securities of a public body in order to equalize tax levies.

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16-5-104. Interest; terms and conditions; negotiability.

Refunding public securities shall bear interest, payable semiannually or annually, and evidenced by one (1) or two (2) sets of coupons, if any, except that the first coupon or coupons appertaining to a refunding public security may evidence interest for a period not in excess of one (1) year, and refunding public securities may be in one (1) or more series, may bear a date or dates, may mature in an amount or amounts, serially or otherwise, at a time or times not exceeding thirty (30) years from their respective dates, may be in a denomination or denominations, may be payable in a medium of payment, in a place or places within or without the state, including but not limited to the office of the county treasurer of a county in which the issuer is located wholly or in part, may carry registration privileges, may be subject to terms of prior redemption in advance of maturity in order, or by lot, or otherwise, at a time or times with or without premium, may bear privileges for reissuance in the same or other denominations, may be so reissued (without modification of maturities and interest rates) and may be in a form, either coupon or registered, as may be provided by ordinance of the governing body. Except as the governing body may otherwise provide, the refunding public securities and attached interest coupons shall be fully negotiable within the meaning of and for all purposes of the Uniform Commercial Code-Investment Securities. Except as otherwise provided each holder of a refunding public security, by accepting the security, shall be conclusively deemed to have agreed that the refunding public security is and shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code-Investment Securities.

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16-5-105. General prerequisites and limitations.

No public securities may be refunded hereunder unless the holders voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within twenty-five (25) years from the date of issuance of the refunding public securities. Provision shall be made for paying the public securities being refunded within the stated period of time. No maturity of public security being refunded may be extended over twenty-five (25) years. No public security may be refunded hereunder unless the public security has been outstanding for at least one (1) year since the date of its delivery. The principal amount of the refunding public securities may not exceed the original authorized principal amount of the public securities being refunded. The principal amount of the refunding public securities may be less than or the same as the principal amount of the public securities being refunded so long as provision is duly and sufficiently made for the payment of the public securities being refunded.

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16-5-106. Limitations on number of issues.

A public body may issue refunding public securities to refund one (1) or more or any part of one (1) or more or all issues of its public securities which are outstanding, and refunding public securities and public securities authorized for any other purposes may be issued separately or issued in combination in one (1) series or more by any issuer except as hereafter provided. No two (2) or more issues or parts of issues of outstanding public securities shall be refunded by a single issue of refunding public securities unless the taxable property upon which tax levies are being made for payment of the outstanding public securities is identical to the taxable property on which the levies are being made for the payment of all other outstanding public securities proposed to be refunded by the single issue of refunding public securities. No two (2) or more issues or parts of issues of outstanding public securities or refunding public securities and public securities authorized for any other purposes shall be combined in one (1) issue where more than one (1) constitutional or statutory debt limitation is applicable to the combination.

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16-5-107. Maximum allowable indebtedness.

In no event shall the aggregate amount of indebtedness of any issuer exceed the maximum allowable amount as determined pursuant to the constitutional and statutory provisions, if any, applicable to the issuer. In determining and computing the aggregate amount of indebtedness of any issuer, public securities which have been refunded, as provided in this act, by immediate payment or prior redemption and retirement or by the placement of the proceeds of refunding public securities or investments thereof in escrow, shall not be deemed outstanding indebtedness from and after the date on which sufficient monies are placed with the paying agent of the outstanding public securities for the purpose of immediately paying, or redeeming and retiring the bonds, or from and after the date on which the proceeds of the refunding public securities or investments thereof are placed in escrow.

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16-5-108. Sale or exchange; price.

Any refunding public securities may be delivered in exchange for the outstanding public securities being refunded or may be publicly or privately sold in the manner determined by the governing body. Refunding public securities may be publicly or privately sold at, above, or below the par value thereof.

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16-5-109. Costs of refunding.

The incidental costs of the refunding of public securities may be paid by the purchaser of the refunding public securities or defrayed from the general fund of the public body or from the proceeds of the refunding public securities or from the interest or other yield derived from the investment of the proceeds or from other sources legally available therefor.

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16-5-110. Disposition of proceeds; escrowed proceeds.

The proceeds of refunding public securities shall either be immediately applied to the retirement of the public securities to be refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation and which has trust powers, to be applied to the payment of the public securities being refunded upon their presentation. Any accrued interest and any premium appertaining to a sale of refunding public securities may be applied to the payment of the principal and interest, or both may be deposited in a reserve account, or may be used to defray incidental costs, as the governing body may determine. Any escrow shall not be limited to proceeds of refunding public securities, but may include other monies available for its purpose. Any escrowed proceeds, may be invested or reinvested in federal securities. Escrowed proceeds and investments, together with any interest or other yield to be derived from any investment, shall be in an amount at all times sufficient to cover principal, interest, any prior redemption premium due, and any charges of the escrow agent, to pay the public securities being refunded as they become due at their respective maturities or due at designated prior redemption dates in connection with which the governing body of the issuer shall exercise a prior redemption option. The computations made in determining sufficiency shall be verified by a certified public accountant certificated to practice in this state or in any other state. Any purchaser of any refunding public security is not responsible for the application of the proceeds thereof by the issuer or any of its officers, agents or employees.

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16-5-111. Signing, countersigning, execution or

attestation of securities or interest coupons; facsimile seals and signatures. Any refunding public security or interest coupon may be signed, countersigned, executed or attested by the public officials who are authorized by law at the time of the issuance of the refunding public securities to sign, countersign, execute or attest public securities of the issuer of the same general character as those public securities and coupons which are being refunded. In the alternative, the governing body may, in its discretion, designate appropriate public officials to sign, countersign, execute or attest any refunding public security or appurtenant coupon. Any officer so authorized may utilize a facsimile signature in lieu of his manual signature in the manner provided by law, provided that compliance with any law other than this act is not a condition of execution with a facsimile signature of any interest coupon. The clerk may cause the seal or a facsimile of the seal of the issuer to be printed, stamped or otherwise placed on any refunding public security. The facsimile seal shall have the same legal effect as the impression of the seal. Refunding public securities and any coupons bearing the signatures of officers in office on the date of the signing shall be valid and binding obligations of the issuer, notwithstanding that before the delivery and payment any or all persons whose signatures appear have ceased to fill their respective offices. Any officer authorized to sign, countersign, execute or attest any refunding public security or interest coupon, at the time of its execution or of the execution of a signature certificate, may adopt for his facsimile signature the facsimile signature of his predecessor in office in the event the facsimile signature appears upon the refunding public security or coupons, or upon both the public security and coupons.

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16-5-112. Recitals in securities imparting legality.

Any ordinance authorizing, or any other instrument appertaining to, any refunding public securities may provide that each refunding public security authorized shall recite that it is issued under the authority of this act. The recital shall conclusively impart full compliance with all of the provisions and all public securities issued containing the recital are incontestable for any cause whatsoever after their delivery for value.

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16-5-113. Endorsement.

The clerk shall endorse a certificate upon every refunding public security that it is issued pursuant to law and is within the debt limit of the issuer.

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16-5-114. Governing body's determination of legality.

The determination of a governing body that all the limitations hereunder imposed upon the issuance of refunding public securities have been met is conclusive in the absence of fraud or arbitrary and gross abuse of discretion.

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16-5-115. Refunding by divided governing bodies.

When a public body having outstanding indebtedness has been divided and parts thereof included within two (2) or more other public bodies, by any lawful means, the refunding of the securities requires affirmative action by a majority of the members of the governing bodies of each of the public bodies within which any part of the area of the public body which is being lawfully taxed to pay the outstanding indebtedness is then included except as hereinafter provided. The indebtedness of any public body outstanding at the time a part or parts of the public body are detached therefrom by any lawful means, and which public body has retained its lawful corporate existence subsequent to the detachment of the land from the public body may be refunded by action of the governing body of the public body from which land has been detached with or without concurrence or action by the governing board of the public body, if any, within which the detached land is included.

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16-5-116. Financing; annual property tax; other funds.

The governing body shall cause to be levied annually, without limitation of rate or amount, upon all taxable property of the issuer, in addition to other authorized taxes, a sufficient sum to pay the principal of and interest on the refunding public securities until the refunding public securities issued pursuant to this act are fully paid. The governing body may apply any other funds that are in the treasury of the issuer and available for payment of the interest or principal as it respectively matures, and the levy or levies provided for may be diminished. Should the tax for the payment of the principal and interest on any refunding public security at any time not be levied or collected in time to meet the payment, or if the refunding public securities are issued at a time which makes it impossible to levy a tax for the initial installments of principal or interest, the principal or interest so maturing shall be paid out of the general fund of the issuer, or from any other funds available for that purpose. For the purpose of reimbursing the fund or funds the money so used may be repaid from the first monies collected from taxes thereafter levied. The full faith and credit of the issuer shall be pledged for the punctual payment of the principal and interest on the refunding public securities. If the public securities to be refunded and the interest accruing would have been paid from taxes levied upon only part of the taxable property within the boundaries of the issuer, the taxes levied for payment or redemption of the refunding public securities, and the interest accruing shall be levied in the same manner and upon only the same taxable property as would have been levied for the payment of the public securities to be refunded if no refunding of the public securities had been accomplished. Any tax levied to retire any refunding public security issued by a hospital district is subject to the limitations set forth in W.S. 35-2-414, provided any refunding securities issued under this act to refund local improvement bonds shall be payable solely from and secured by the pledge of special assessments under W.S. 15-6-401 through 15-6-448.

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16-5-117. Exemption from taxation; exception.

The refunding public securities issued by any issuer pursuant to this act, their transfer, and the income therefrom, shall at all times be free from taxation within the state of Wyoming, except for estate taxes.

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16-5-118. Other outstanding securities.

This act shall have no effect on the legality of any outstanding public security issued for refunding or other purposes pursuant to any other law.

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16-5-119. Scope, authority and effect of provisions.

This act, without reference to other statutes of the state, except as herein otherwise specifically provided, is full authority for the authorization and issuance of refunding public securities. No other act or law with regard to the authorization or issuance of securities that in any way impedes or restricts the carrying out of the acts herein authorized shall be construed as applying to any proceedings taken or acts pursuant hereto except as otherwise provided. The powers conferred and the limitations imposed by this act are in addition and supplemental to, and not in substitution for, and shall not affect the powers conferred by any other law except as otherwise provided herein.

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16-5-201. Short title.

This act shall be known as the "1965 Public Securities Validation Act".

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16-5-202. Definitions.

(a) As used in this act: (i) "Public body" of the state means any state educational institution or other state institution, its board of trustees or other governing body constituting a body corporate, any county, city or town, whether incorporated or governed under a general act, special charter, or otherwise, any school district, high school district, community college district, sanitary and improvement district, hospital district, power district, irrigation district, drainage district, water conservancy district, water district, sewer district, water and sewer district, cemetery district, fire protection district, any other corporate district, any corporate commission or any other political subdivision of the state constituting a body corporate; (ii) "Public security" means a bond, note, certificate of indebtedness, coupon or other similar obligation for the payment of money, issued by this state or by any public body thereof; (iii) "State" means the state of Wyoming and any board, commission, department, corporation, instrumentality or agency thereof; (iv) "This act" means W.S. 16-5-201 through 16-5-204.

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16-5-203. Outstanding securities.

All public securities of the state and of all public bodies outstanding on February 17, 1965, the right to the payment of which has not been barred by any pertinent statute of limitations, and all acts and proceedings taken, or purportedly taken by or on behalf of the state or any public body under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities, are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, except as hereinafter provided, notwithstanding any lack of power, authority, or otherwise, and notwithstanding any defects and irregularities in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment. Outstanding public securities are and shall be binding, legal, valid and enforceable obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings.

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16-5-204. Prior securities; limitations; exceptions.

This act validates any public securities heretofore issued and any acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which the public securities were issued and the acts or proceedings were taken. This act is limited to the validation of public securities, acts and proceedings to the extent they can be effectuated under the state and federal constitutions. This act does not validate, ratify, approve, confirm or legalize any public security, act, proceeding or other matter the legality of which is being contested in any legal proceeding now pending and undetermined, and does not confirm, validate or legalize any public security, act, proceedings, or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

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16-5-301. Voidness of excessive indebtedness; liability of officer and sureties.

Any indebtedness created by any county, city, town or other subdivision of the state in any current year in excess of that authorized by the constitution of the state and for which there are no revenues available for payment during the current year, shall as against the county, city, town or other subdivision of the state, be void and of no effect. Any officer who participates in creating the indebtedness, and the sureties on his official bond, is personally liable to the holder, or holders, of the indebtedness as fully as if the indebtedness had been contracted for his individual benefit. As used in this section, "current year" means from the first Monday in January of a year to the first Monday in January of the next year.

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16-5-302. Issuance of bonds in series; discharge.

(a) Whenever the issuance of bonds by the state, or any county, city, town, school district or high school district, is lawful, the board or other public body having authority to issue the bonds may divide the issues into series so that: (i) Substantially equal amounts of the indebtedness mature annually; (ii) Substantially equal annual tax levies are required for the payment of principal and interest of the bonds; or (iii) Substantially equal annual tax levies are required for the payment of principal and interest of all outstanding bonds of the state or subdivision thereof issuing the bonds. (b) The bonds of each series shall be due and payable at a definite date within the period permitted by law for the discharge of the indebtedness.

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16-5-303. Redemption of bonds owned by state.

Any bond issued by any county, municipality, school district or other political subdivision of the state and which bond the state owns on any interest payment date, upon thirty (30) days written notice to the state treasurer of the state is subject to redemption on the date by the payment of the principal and interest then due on the bond to the treasurer. Redemption shall be made only from sinking funds of the political subdivisions and not from funds obtained by its refunding of the bonds.

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16-5-401. Short title.

This act shall be known and may be cited as the "Bond Anticipation Note Act of 1981".

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16-5-402. Definitions.

(a) As used in this act: (i) "Anticipation note" means notes of the issuer, evidencing short-term borrowings, issued in anticipation of the issuance of bonds which a governing body is authorized to issue; (ii) "Authorizing instrument" means an ordinance, resolution, instrument or other written evidence of a proceeding by which a governing body takes formal action and adopts legislative provisions on matters of some permanency; (iii) "Bonds" means general obligation bonds or revenue bonds of an issuer; (iv) "General obligation bonds" means bonds authorized to be issued by a governing body or any successor thereto which are payable or which may be paid from ad valorem taxes or which constitute a debt or an indebtedness of the issuer within the meaning of any constitutional or statutory limitation, which mature one (1) or more years after the date of their issuance and delivery; (v) "Governing body" means the city council, town council, commission, board of commissioners, board of trustees, board of directors or other legislative body of an issuer in which the legislative powers of the issuer are vested; (vi) "Issuer" means any Wyoming county, school district, municipal corporation, community college, hospital district, sanitary and improvement district, water district, sewer district, water and sewer district, county improvement and service district or other political subdivision of the state specifically authorized by law to issue any general obligation bond or revenue bond; (vii) "Revenue bond" means bonds authorized to be issued by a governing body or any successor thereto which are payable from a pledge of designated revenues other than ad valorem taxes or special assessments which mature one (1) or more years after the date of their issuance.

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16-5-403. Authority to issue notes; election thereon.

(a) If the qualified electors of an issuer authorize the issuance of bonds or the issuance of anticipation notes at an election held pursuant to W.S. 22-21-101 through 22-21-112 and the governing body of the issuer considers it advisable and in the interests of the issuer, to anticipate the issuance of the bonds, the governing body may from time to time and pursuant to an appropriate authorizing instrument issue its bond anticipation notes. (b) At the election to authorize the issuance of bond anticipation notes, the question shall state the maximum principal amount for which the notes may be issued, which may not exceed the principal amount of the bonds authorized, and the maximum rate of interest that may be paid on the notes.

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16-5-404. Authorizing instrument.

(a) Anticipation notes issued pursuant to this act shall be authorized by instrument of the issuer which shall: (i) Describe the bonds in anticipation of which the notes are to be issued; (ii) Declare the results of the election authorizing the issuance of the bonds wherein the qualified electors of the issuer have approved their issuance in the manner required by law; (iii) Specify the principal amount of the anticipation notes, the rate of interest and maturity date or dates of the anticipation notes, which maturity date or dates shall not exceed three (3) years from the date of issue of the anticipation notes.

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