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STATE OF WYOMING
HOUSE BILL NO. HB0055
State budgeting and reserves-account repeal.
Sponsored by: Select Committee on Capital Financing &
Investments
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; providing
6 for the distribution of excess funds as specified;
7 providing for the transfer from and the reversion of funds
8 from repealed accounts and subaccounts; making conforming
9 amendments; repealing obsolete language; requiring reports;
10 and providing for an effective date.
11
12 Be It Enacted by the Legislature of the State of Wyoming:
13
14 Section 1. W.S. 9-1-507(j)(i), 9-2-1012(e) and by
15 creating a new subsection (j), 9-2-1013(d)(ii), (iii)(B),
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1 (iv) and (vi), 9-4-220.1, 9-4-601(d)(intro), (iv), (vii)
2 and (ix), 9-4-719(q)(i), 21-16-720(b), 35-1-1002(a)(vi),
3 35-11-528(e), 35-11-529(a) and (b), 39-14-801(d)(intro) and
4 39-19-111(a)(intro) are amended to read:
5
6 9-1-507. Examination of books of state institutions,
7 agencies and certain districts and entities; independent
8 audit authorized; guidelines.
9
10 (j) The director of the department of audit shall
11 certify:
12
13 (i) To the state treasurer and state auditor by
14 October 5 of each year, a list of counties, cities and
15 towns that failed to comply with paragraph (a)(vii) of this
16 section. The state treasurer shall withhold the annual
17 distribution, which that would otherwise be made under W.S.
18 9-2-1014.1, 9-2-1013(d)(vi) to any county, city or town
19 failing to comply with paragraph (a)(vii) of this section.
20 The withheld distribution shall be retained in the budget
21 reserve account until the director of the department of
22 audit certifies that the county, city or town has filed the
23 required report. The state auditor shall immediately notify
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1 all state agencies and boards of every county, city or town
2 that failed to comply with paragraph (a)(vii) of this
3 section. Upon receipt of notification by the state auditor
4 pursuant to this paragraph, a state agency or board shall
5 withhold state grant and loan payments to every
6 noncompliant county, city or town for the period after
7 October 15 until further notice from the state auditor that
8 a noncompliant county, city or town has come into
9 compliance with paragraph (a)(vii) of this section. The
10 department of audit shall certify to the state auditor when
11 a county, city or town comes into compliance with paragraph
12 (a)(vii) of this section. The state auditor shall
13 immediately notify all state agencies and boards of every
14 county, city or town that has come into compliance with
15 paragraph (a)(vii) of this section. Any withheld state
16 grant or loan payments shall be retained by the state
17 agency or board in the account from which the disbursement
18 would be made until the state agency or board receives
19 notification from the state auditor that the county, city
20 or town is in compliance with paragraph (a)(vii) of this
21 section, or as otherwise provided by law;
22
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1 9-2-1012. Duties of the department; transmittal of
2 standard budget and manual; return of completed exception
3 and expanded budgets; submission to governor; disposition
4 of excess general fund appropriations; disposition of
5 remaining general funds; submission of selected budget
6 information to joint appropriations committee.
7
8 (e) In preparing the overall state budget for
9 distribution to the legislature, including any
10 supplemental, budget shortfall or other emergency changes
11 to the budget, the governor shall recommend to the
12 legislature that not less than five percent (5%) of
13 estimated general fund receipts for the next biennial
14 budget period shall be appropriated from maintained in the
15 general fund to the budget as a reserve account within the
16 earmarked fund. This appropriation shall be in addition to
17 any fund balance within the budget reserve account. At the
18 end of each biennial budget period, general fund
19 appropriations for the biennium in excess of expenditures
20 including encumbrances during the biennium, as identified
21 by the state auditor in accordance with the provisions of
22 W.S. 9-2-1008 and 9-4-207, shall be transferred into the
23 budget reserve account. All funds in the budget reserve
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1 account shall be invested by the state treasurer and
2 earnings therefrom shall be credited into the general fund.
3 Appropriations to the account shall not lapse at the end of
4 any fiscal period. Expenditures from the budget reserve
5 account shall be by legislative appropriation only amount.
6 This general fund reserve amount request shall be separate
7 from all other requests for appropriations during the
8 biennial budget period for which it is recommended. Subject
9 to accrual accounting principles, any unappropriated,
10 unexpended and unobligated funds in the general fund on
11 June 30 in the last year of each biennial budget period in
12 excess of the general fund reserve amount recommended under
13 this subsection shall be transferred to the legislative
14 stabilization reserve account.
15
16 (j) At the end of fiscal year 2028 and the end of
17 each succeeding fiscal biennium and subject to accrual
18 accounting principles, the state auditor shall transfer the
19 unobligated, unencumbered fund balance as defined in W.S.
20 9-2-1002(a)(xxii) of the general fund in excess of the
21 amount specified in subsection (e) of this section under
22 the governor's budget request for that fiscal biennium to
23 the legislative stabilization reserve account.
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1
2 9-2-1013. State budget; distribution of copies to
3 legislators; copies and reports of authorizations;
4 interfund loans.
5
6 (d) In addition to the items contained in subsection
7 (a) of this section and notwithstanding any other
8 recommendations made by the governor, the state budget
9 shall also include the governor's recommendations for
10 appropriations for the ensuing two (2) years, or if a
11 supplemental budget request, the remainder of the budget
12 period, subject to the following:
13
14 (ii) The total recommended appropriations under
15 this subsection for any two (2) fiscal year budget period
16 shall not exceed the total estimated revenues for that two
17 (2) year period. The total estimated revenues computed
18 under this paragraph shall not include increases in
19 existing revenue sources which would be available to the
20 state only after enactment of legislation in addition to
21 existing law, but shall include the unencumbered balances
22 in all other accounts in all other expendable funds subject
23 to this section, and as further provided herein, as those
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1 funds are identified in accordance with standards
2 promulgated by the governmental accounting standards board,
3 but specifically excluding pension funds, nonexpendable
4 trust funds, debt service funds and intragovernmental
5 funds, that would be available for that budget period.
6 Funds within the permanent Wyoming mineral trust fund
7 reserve account created under W.S. 9-4-719(b), funds within
8 the common school permanent fund reserve account created
9 under W.S. 9-4-719(f), funds within the legislative
10 stabilization reserve account in excess of the limitation
11 under subparagraph (iii)(C) of this section, or funds
12 within five percent (5%) of estimated subsection and the
13 general fund receipts for the next biennium to be
14 appropriated to the budget reserve account as required
15 amount specified by W.S. 9-2-1012(e) shall not be included
16 in total estimated revenues computed under this paragraph.
17 Funds from a contingent appropriation shall not be included
18 as an estimated source of revenue or funds available unless
19 those funds previously had been authorized to be expended
20 within the fiscal period covering the budget period of the
21 recommendation;
22
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1 (iii) The total recommended appropriations under
2 this subsection shall not include any of the following:
3
4 (B) The transfer of funds from an account
5 to another account; except transfers from the budget
6 reserve account;
7
8 (iv) As used in this subsection,
9 "appropriations" include any of the following:
10
11 (A) Specific legislative authorization to
12 expend state revenues contained in a budget bill that is
13 enacted into law;,
14
15 (B) An amount to be expended from an
16 account which does not require additional specific
17 legislative authorization;, the transfer of funds from the
18 budget reserve account to another account or
19
20 (C) A specific statutory distribution of a
21 revenue source.;
22
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1 (vi) Nothing in this subsection prevents the
2 governor from recommending an additional, alternative
3 budget without the limitations specified in this subsection
4 or from including recommendations for additional funding
5 for state agencies that receive federal mineral royalties
6 or severance tax distributions and for local governments
7 from federal mineral royalties or severance tax
8 distributions under W.S. 9-4-601(d)(iv) and 39-14-801(d),
9 subject to the following:
10
11 (A) To the extent the legislature
12 appropriates funds under this section from the general fund
13 for local governments, the appropriation shall comply with
14 and be subject to the following:
15
16 (I) The amount appropriated to local
17 governments shall not exceed the amount available under
18 this paragraph, less appropriations under this paragraph to
19 state agencies;
20
21 (II) A total amount shall be annually
22 appropriated to the state treasurer to be distributed to
23 all local governments as follows:
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1
2 (1) Thirty percent (30%) to
3 counties, in the proportion which the population of the
4 county bears to total state population;
5
6 (2) Seventy percent (70%) to
7 cities and towns, each city and town to receive an amount
8 in the proportion which the population of the city or town
9 bears to the population of all cities and towns in Wyoming.
10
11 (III) The distributions to local
12 governments under this paragraph shall be made by the state
13 treasurer no later than October 15, of the fiscal year next
14 following the fiscal year for which the appropriation is
15 made. The distributions shall be from revenues actually
16 recognized in the fiscal year for which the appropriation
17 is made. Any interest earned on invested funds allocated to
18 local governments under this paragraph shall be retained in
19 the general fund as a reserve amount.
20
21 (B) To the extent that actual recognized
22 revenues are less than the estimated deposits referenced in
23 this paragraph:
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1
2 (I) The distribution of any
3 appropriation to local governments under this section shall
4 be reduced by a pro rata amount; and
5
6 (II) The state auditor shall reduce
7 the spending authority of any state agency receiving an
8 appropriation under this section by a pro rata amount.
9
10 (C) As used in this paragraph:
11
12 (I) "Local government" means any
13 county or municipality;
14
15 (II) "State agency" means the
16 department of transportation, the University of Wyoming and
17 the water development office.
18
19 9-4-220.1. Wyoming state penitentiary capital
20 construction account; funds transferred to the account.
21
22 (a) There is created the Wyoming state penitentiary
23 capital construction account. within the strategic
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1 investments and projects account created by W.S. 9-4-220.
2 Funds in the account shall only be expended upon
3 legislative appropriation. Through the fiscal year ending
4 June 30, 2034, all funds within the account shall be
5 invested in the pool A investment account by the state
6 treasurer pursuant to W.S. 9-4-715(p). Thereafter, all
7 funds within the account shall be invested as determined by
8 the state treasurer. All investment earnings from the
9 account shall be credited to the account. For purposes of
10 accounting and investing only, the Wyoming state
11 penitentiary capital construction account shall be treated
12 as a separate account from the strategic investments and
13 projects account.
14
15 (b) Beginning on June 30, 2021 2027 for fiscal year
16 2021 2027 and June 30 of each fiscal year thereafter as
17 provided in this subsection, the state treasurer shall
18 transfer ten million dollars ($10,000,000.00), or as much
19 thereof as is available, from any unobligated funds within
20 the strategic investments and projects account general fund
21 to the Wyoming state penitentiary capital construction
22 account. The state treasurer shall cease transferring funds
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1 to the Wyoming state penitentiary capital construction
2 account pursuant to this subsection on July 1, 2038.
3
4 9-4-601. Distribution and use; funds, accounts,
5 cities and towns benefited; exception for bonus payments.
6
7 (d) Except as provided in subsections (k), (m) and
8 (n) of this section, Any revenue received under subsection
9 (a) of this section in excess of two hundred million
10 dollars ($200,000,000.00) shall be distributed as follows:
11
12 (iv) Subject to paragraphs (vii) and (ix) of
13 this subsection, two-thirds (2/3) to the budget reserve
14 account general fund;
15
16 (vii) From the amounts that would otherwise be
17 distributed to the budget reserve account general fund
18 under paragraph (iv) of this subsection and paragraphs
19 (k)(ii), (m)(ii) and (n)(ii) of this section, amounts
20 necessary to make the required revenue bond payments as
21 provided by W.S. 9-4-1003(d), but in no event more than
22 eighteen million dollars ($18,000,000.00) annually;
23
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1 (ix) For the period beginning July 1, 2019 a