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STATE OF WYOMING Working Draft
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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
State budgeting and reserves-account repeal.
Sponsored by: Representative(s) Obermueller
A BILL
for
1 AN ACT relating to public funds; repealing accounts and
2 subaccounts as specified; amending appropriations, loan
3 authority, distributions and transfers of funds as
4 specified; removing encumbrances from specified accounts;
5 eliminating specified guarantees from accounts; amending
6 the process for withholding appropriations to local
7 governmental entities; specifying the distribution of
8 excess funds as specified; providing for the transfer from
9 and the reversion of funds from repealed accounts and
10 subaccounts; making conforming amendments; repealing
11 obsolete language; requiring reports; and providing for an
12 effective date.
13
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1 Be It Enacted by the Legislature of the State of Wyoming:
2
3 Section 1. W.S. 9-1-507(j)(i), 9-2-1012(e) and by
4 creating a new subsection (j), 9-2-1013(d)(ii), (iii)(B),
5 (iv) and (vi), 9-4-220.1, 9-4-601(d)(intro), (iv), (vii)
6 and (ix), 21-16-720(b), 35-1-1002(a)(vi), 35-11-528(e), 35-
7 11-529(a) and (b), 39-14-801(d)(intro) and by creating a
8 new subsection (m) and 39-19-111(a)(intro) are amended to
9 read:
10
11 9-1-507. Examination of books of state institutions,
12 agencies and certain districts and entities; independent
13 audit authorized; guidelines.
14
15 (j) The director of the department of audit shall
16 certify:
17
18 (i) To the state treasurer and state auditor by
19 October 5 of each year, a list of counties, cities and
20 towns that failed to comply with paragraph (a)(vii) of this
21 section. The state treasurer auditor shall withhold the
22 annual any distribution, which would otherwise be made
23 under W.S. 9-2-1014.1, by any legislative appropriation to
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1 any county, city or town failing to comply with paragraph
2 (a)(vii) of this section. The withheld distribution shall
3 be retained in the budget reserve account until the
4 director of the department of audit certifies that the
5 county, city or town has filed the required report. The
6 state auditor shall immediately notify all state agencies
7 and boards of every county, city or town that failed to
8 comply with paragraph (a)(vii) of this section. Upon
9 receipt of notification by the state auditor pursuant to
10 this paragraph, a state agency or board shall withhold
11 state grant and loan payments to every noncompliant county,
12 city or town for the period after October 15 until further
13 notice from the state auditor that a noncompliant county,
14 city or town has come into compliance with paragraph
15 (a)(vii) of this section. The department of audit shall
16 certify to the state auditor when a county, city or town
17 comes into compliance with paragraph (a)(vii) of this
18 section. The state auditor shall immediately notify all
19 state agencies and boards of every county, city or town
20 that has come into compliance with paragraph (a)(vii) of
21 this section. Any withheld state grant or loan payments
22 shall be retained by the state agency or board in the
23 account from which the disbursement would be made until the
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1 state agency or board receives notification from the state
2 auditor that the county, city or town is in compliance with
3 paragraph (a)(vii) of this section, or as otherwise
4 provided by law;
5
6 9-2-1012. Duties of the department; transmittal of
7 standard budget and manual; return of completed exception
8 and expanded budgets; submission to governor; disposition
9 of excess general fund appropriations; disposition of
10 remaining general funds; submission of selected budget
11 information to joint appropriations committee.
12
13 (e) In preparing the overall state budget for
14 distribution to the legislature, including any
15 supplemental, budget shortfall or other emergency changes
16 to the budget, the governor shall recommend to the
17 legislature that not less than five percent (5%) of
18 estimated general fund receipts for the next biennial
19 budget period shall be appropriated from the general fund
20 to the budget reserve account within the earmarked fund.
21 This appropriation shall be in addition to any fund balance
22 within the budget reserve account. At the end of each
23 biennial budget period, general fund appropriations for the
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1 biennium in excess of expenditures including encumbrances
2 during the biennium, as identified by the state auditor in
3 accordance with the provisions of W.S. 9-2-1008 and
4 9-4-207, shall be transferred into the budget reserve
5 account. All funds in the budget reserve account shall be
6 invested by the state treasurer and earnings therefrom
7 shall be credited into the general fund. Appropriations to
8 the account shall not lapse at the end of any fiscal
9 period. Expenditures from the budget reserve account shall
10 be by legislative appropriation only maintained in the
11 general fund as a reserve amount. This general fund reserve
12 amount request shall be separate from all other requests
13 for appropriations during the biennial budget period for
14 which it is recommended. Subject to accrual accounting
15 principles, any unappropriated, unexpended and unobligated
16 funds in the general fund on June 30 in the last year of
17 each biennial budget period in excess of the general fund
18 reserve amount recommended under this subsection shall be
19 transferred to the legislative stabilization reserve
20 account.
21
22 (j) At the end of fiscal year 2028 and the end of each
23 succeeding fiscal biennium and subject to accrual
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1 accounting principles, the state auditor shall transfer the
2 unobligated, unencumbered fund balance as defined in W.S.
3 9-2-1002(a)(xxii) of the general fund in excess of the
4 amount specified in subsection (e) of this section under
5 the governor's budget request for that fiscal biennium to
6 the legislative stabilization reserve account.
7
8 9-2-1013. State budget; distribution of copies to
9 legislators; copies and reports of authorizations;
10 interfund loans.
11
12 (d) In addition to the items contained in subsection
13 (a) of this section and notwithstanding any other
14 recommendations made by the governor, the state budget
15 shall also include the governor's recommendations for
16 appropriations for the ensuing two (2) years, or if a
17 supplemental budget request, the remainder of the budget
18 period, subject to the following:
19
20 (ii) The total recommended appropriations under
21 this subsection for any two (2) fiscal year budget period
22 shall not exceed the total estimated revenues for that two
23 (2) year period. The total estimated revenues computed
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1 under this paragraph shall not include increases in
2 existing revenue sources which would be available to the
3 state only after enactment of legislation in addition to
4 existing law, but shall include the unencumbered balances
5 in all other accounts in all other expendable funds subject
6 to this section, and as further provided herein, as those
7 funds are identified in accordance with standards
8 promulgated by the governmental accounting standards board,
9 but specifically excluding pension funds, nonexpendable
10 trust funds, debt service funds and intragovernmental
11 funds, that would be available for that budget period.
12 Funds within the permanent Wyoming mineral trust fund
13 reserve account created under W.S. 9-4-719(b), funds within
14 the common school permanent fund reserve account created
15 under W.S. 9-4-719(f), funds within the legislative
16 stabilization reserve account in excess of the limitation
17 under subparagraph (iii)(C) of this section, or funds
18 within five percent (5%) of estimated general fund receipts
19 for the next biennium to be appropriated to the budget
20 reserve account as required subsection and the general fund
21 reserve amount specified by W.S. 9-2-1012(e) shall not be
22 included in total estimated revenues computed under this
23 paragraph. Funds from a contingent appropriation shall not
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1 be included as an estimated source of revenue or funds
2 available unless those funds previously had been authorized
3 to be expended within the fiscal period covering the budget
4 period of the recommendation;
5
6 (iii) The total recommended appropriations under
7 this subsection shall not include any of the following:
8
9 (B) The transfer of funds from an account
10 to another account; except transfers from the budget
11 reserve account;
12
13 (iv) As used in this subsection,
14 "appropriations" include any of the following:
15
16 (A) Specific legislative authorization to
17 expend state revenues contained in a budget bill that is
18 enacted into law;,
19
20 (B) An amount to be expended from an
21 account which does not require additional specific
22 legislative authorization;, the transfer of funds from the
23 budget reserve account to another account or
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1
2 (C) A specific statutory distribution of a
3 revenue source.;
4
5 (vi) Nothing in this subsection prevents the
6 governor from recommending an additional, alternative
7 budget without the limitations specified in this subsection
8 or from including recommendations for additional funding
9 for state agencies that receive federal mineral royalties
10 or severance tax distributions and for local governments
11 from federal mineral royalties or severance tax
12 distributions under W.S. 9-4-601(d)(iv) and 39-14-801(d),
13 subject to the following:
14
15 (A) To the extent the legislature
16 appropriates funds under this section from the general fund
17 for local governments, the appropriation shall comply with
18 and be subject to the following:
19
20 (I) The amount appropriated to local
21 governments shall not exceed the amount available under
22 this paragraph, less appropriations under this paragraph to
23 state agencies;
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1
2 (II) A total amount shall be annually
3 appropriated to the state treasurer to be distributed to
4 all local governments as follows:
5
6 (1) Thirty percent (30%) to
7 counties, in the proportion which the population of the
8 county bears to total state population;
9
10 (2) Seventy percent (70%) to
11 cities and towns, each city and town to receive an amount
12 in the proportion which the population of the city or town
13 bears to the population of all cities and towns in Wyoming.
14
15 (III) The distributions to local
16 governments under this paragraph shall be made by the state
17 treasurer no later than October 15, of the fiscal year next
18 following the fiscal year for which the appropriation is
19 made. The distributions shall be from revenues actually
20 recognized in the fiscal year for which the appropriation
21 is made. Any interest earned on invested funds allocated to
22 local governments under this paragraph shall be retained in
23 the general fund as a reserve amount.
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1
2 (B) To the extent that actual recognized
3 revenues are less than the estimated deposits referenced in
4 this paragraph:
5
6 (I) The distribution of any
7 appropriation to local governments under this section shall
8 be reduced by a pro rata amount; and
9
10 (II) The state auditor shall reduce
11 the spending authority of any state agency receiving an
12 appropriation under this section by a pro rata amount.
13
14 (C) As used in this paragraph:
15
16 (I) "Local government" means any county
17 or municipality;
18
19 (II) "State agency" means the
20 department of transportation, the University of Wyoming and
21 the water development office.
22
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1 9-4-220.1. Wyoming state penitentiary capital
2 construction account; funds transferred to the account.
3
4 (a) There is created the Wyoming state penitentiary
5 capital construction account. within the strategic
6 investments and projects account created by W.S. 9-4-220.
7 Funds in the account shall only be expended upon
8 legislative appropriation. Through the fiscal year ending
9 June 30, 2034, all funds within the account shall be
10 invested in the pool A investment account by the state
11 treasurer pursuant to W.S. 9-4-715(p). Thereafter, all
12 funds within the account shall be invested as determined by
13 the state treasur