TITLE 9 - ADMINISTRATION OF THE GOVERNMENT

 

CHAPTER 1 - STATE OFFICERS

 

ARTICLE 1 - GENERALLY

 

9-1-101.� Location of seat of government; residence of state officials; deputies authorized.

 

(a)� The seat of government for the state of Wyoming is located and established at Cheyenne, Wyoming.

 

(b)� The governor, secretary of state, state treasurer, state auditor and state superintendent of public instruction shall reside and maintain their offices at the seat of government.

 

(c)� The secretary of state, the state auditor, state treasurer and state superintendent of public instruction may each appoint a deputy to perform the duties of their respective offices and are responsible to the state for the acts of their deputies.

 

9-1-102.� Officers of state agencies and specified state employees to file oath and obtain bond; bond requirements.

 

(a)� Before assuming the duties of office, the chief officer or officers of each state agency, office, institution, board and commission, and any other employee of the state specified by the governor, shall take and subscribe the constitutional oath of office and obtain faithful performance and fidelity bond coverage. The oath shall be filed with the secretary of state.

 

(b)� The department of administration and information shall purchase coverage for employees or officials as required by this section in the amount necessary to:

 

(i)� Insure the honest and faithful performance and discharge of duties;

 

(ii)� Insure accounting to the state for all monies, property, materials and records under the care, custody or control of the employees or officials by virtue of their public capacity; and

 

(iii)� Assure that upon the termination of their service with the state all monies, property, materials and records shall be turned over to their successors.

 

(c)� Prior to purchasing any bond required under this section the department of administration and information shall obtain the approval of the attorney general.

 

(d)� All bonds purchased under this section shall be acquired from a person, firm or corporation qualified by and holding a valid certificate of authority from the state insurance commissioner.

 

(e)� Bonds and records required under this section are official public records under the Public Records Act.

 

9-1-103.� State elected officials representation on boards and commissions; designees; limitations.

 

A state elected official may authorize a designee to act as the official's personal representative to any board or commission of which the official is a member.� The designee shall have the right to speak on behalf of the official and to vote and take other lawful action on behalf of the official as a member of the board or commission.� The provisions of this section shall not apply to any board or commission to which the state elected official is appointed by the Wyoming constitution or which is comprised solely of state elected officials.

 

ARTICLE 2 - GOVERNOR

 

9-1-201.� Chief executive officer; powers and duties generally.

 

In accordance with the Wyoming constitution, the governor is the chief executive officer of the state of Wyoming. The governor shall formulate and administer the policies of, and shall exercise general supervision, direction and control over the executive branch of state government.

 

9-1-202.� Removal of appointive officers and commissioners; reason for removal to be filed.

 

(a)� Notwithstanding any other provision of law and except as otherwise provided in this section, any person may be removed by the governor, at the governor's pleasure, if appointed by the governor to serve as head of a state agency, department or division, or as a member of a state board or commission.� The governor may only remove a member of the Wyoming business council as provided in W.S. 9-12-103.

 

(b)� Any person who holds a state office or commission by appointment of the members of a state board, commission or administrator may be removed by:

 

(i)� The board, commission or administrator which appointed him where provided by law; or

 

(ii)� The governor, for malfeasance or misconduct in office.

 

(c)� Reason for removal of appointed officers or commissioners shall be mailed or delivered to the person to be removed.

 

9-1-203.� Suspension of officer pending impeachment; filling vacancy.

 

When the house of representatives impeaches a state or judicial officer other than the governor, the governor may suspend the officer from his official functions pending the trial and other proceedings in the impeachment and may designate and appoint a qualified person to fill the office and discharge the duties thereof during the suspension.

 

9-1-204.� Human services agencies.

 

(a)� As used in this section:

 

(i)� "Human services agency" means any division, institution and program within the department of health, the department of workforce services or the state department of family services and all institutions, boards and programs administering, planning and providing for state human services under the supervision of the director of the department of health, the director of the department of workforce services or the director of the department of family services;

 

(ii)� "Human services program" means a program administered by a human services agency;

 

(iii)� "Policy plan" means a plan formulated by the governor and reviewed by the legislature setting forth the policies of the state toward providing and coordinating services through all human service agencies;

 

(iv)� "Program plan" means a plan for direction of each major human services program.

 

(b)� In order to coordinate policy planning for all state human services agencies, the governor shall require:

 

(i)� Each of the human services agencies to prepare an annual program plan for its program offered or to be offered within the agency;

 

(ii)� All program plans to be submitted by the agencies to the office of the state planning coordinator.

 

(c)� The office of the state planning coordinator shall:

 

(i)� Review all program plans;

 

(ii)� Compile all program plans of the human services programs and present the compilation of plans to the governor;

 

(iii)� Monitor the implementation of a policy plan which shall be used by the human services agencies in development of programs and budget preparation;

 

(iv)� Review, on behalf of the governor, all grant applications and plans prepared by the agencies to ensure that all programs within the human services agencies comply with the state policy plan;

 

(v)� Coordinate with any other official efforts regarding state health planning in formulating a policy plan.

 

(d)� The governor shall:

 

(i)� Review, revise or adopt all program plans of programs within the state human services agencies;

 

(ii)� Develop a policy plan reflecting the program plans of human service agencies;

 

(iii)� Present the policy to the legislature for review.

 

9-1-205.� Authority of governor or legislature to require information from officers, commissions or boards; right of access to state offices for purpose of inspection.

 

(a)� The governor or either house of the legislature may require any state officer, commission or board of a state institution to communicate in writing any information concerning any subject pertaining to the office, commission or board.

 

(b) �The governor shall have free access to the office of any state officer for the inspection and examination of all books, papers, records and proceedings.

 

9-1-206.� Administrative assistant; appointment; qualifications; term; compensation generally; duties; responsibility for acts.

 

The governor may employ an administrative assistant, who shall be a qualified elector of the state. He shall receive the compensation appropriated by the legislature and shall perform the duties required by the governor. The governor is responsible for the official acts of the administrative assistant and may remove an administrative assistant as provided in W.S. 9-1-202.

 

9-1-207.� State planning coordinator; appointment; qualifications; term; removal; powers; duties.

 

(a)� The governor may employ a state planning coordinator, who shall be a qualified elector of the state and who may be removed by the governor as provided in W.S. 9-1-202.

 

(b)� In fulfilling the provisions of W.S. 9-1-215, the coordinator may sit as the governor's personal representative on all nonconstitutionally created boards and commissions which are not exclusively licensing in nature. The coordinator shall have the right to speak on behalf of the governor but not to vote. The coordinator shall not sit as the governor's personal representative for purposes of fulfilling the provisions of W.S. 9-1-215 on any boards or commissions on which one (1) or more of the other four (4) elective state officers sit.

 

(c)� The governor personally or through his coordinator may:

 

(i)� Cooperate with other states and the federal government and its agencies, and with all private concerns, to coordinate planning in the state of Wyoming;

 

(ii)� Coordinate the planning activities of all state departments, boards, commissions and agencies in regard to economic, fiscal, educational, social, cultural, recreational and artistic development of the state, for the purpose of creation and implementation of a comprehensive state plan. All plans prepared by state departments, boards, commissions and agencies shall be submitted at least semiannually for review and comment by the coordinator;

 

(iii)� Report to the legislature the comprehensive plan for economic and social development within the state of Wyoming.

 

(d)� The governor through the state planning coordinator shall:

 

(i)� Develop and advocate official state positions on federal land use issues regarding multiple use of federal lands in Wyoming based on each of the beneficial uses contributed to the state and to its people;

 

(ii)� Actively monitor and request federal agencies to include the state government in the early planning stages of various federal land use management decisions;

 

(iii)� Notify various individuals, interest and user groups and solicit from them their views regarding pending federal land management issues;

 

(iv)� Utilize state agency expertise on specific issues, solicit and coordinate appropriate agency comments on pending federal land issues;

 

(v)� Review comments from individuals, interest and user groups and state agencies, as well as other sources of information and prepare, submit and advocate the state of Wyoming's official position to federal land use management issues;

 

(vi)� Prepare a biennial report to include:

 

(A)� Current state positions regarding federal land use management in Wyoming;

 

(B)� Activities of the state planning coordinator regarding federal land use management issues; and

 

(C)� Impacts of the federal land use management issues and decisions on the state of Wyoming.

 

9-1-208.� Prior approval of governor required.

 

(a)� No state department, board, commission or agency whose director, board or commission members are appointed by the governor shall, without prior approval of the governor:

 

(i)� Apply for federal funds or private endowment funds;

 

(ii)� Contract with the federal government or any private association;

 

(iii)� Effectuate and put into force any plan.

 

9-1-209.� Coordinator of state-federal relations; appointment; removal; employment of personnel; duties; information to be supplied by agencies.

 

(a)� The governor may appoint a special assistant to be known as "the coordinator of state-federal relations", hereinafter called "coordinator". The coordinator may be removed by the governor as provided in W.S. 9-1-202. The coordinator may employ personnel as the governor may approve.

 

(b)� The coordinator shall:

 

(i)� Review all federal legislative and administrative acts which pertain to state-federal relations;

 

(ii)� Aid, assist and advise the governor on all federal aid and private endowment programs;

 

(iii)� Coordinate assistance programs between the federal government and state and local government, and coordinate private and nonprofit organizations', agencies' or foundations' assistance to state and local government;

 

(iv)� Collect data and information on federal aid and private endowment programs and maintain a central depository for the data and information relating to all programs, including the cost of the state or local participation. This information shall be available to all state agencies and units of local government;

 

(v)� Carry out all duties which the governor assigns, pertaining to federal funds.

 

(c)� All state departments, boards and commissions shall provide to the coordinator information and data requested by the coordinator, including cost of programs, of all federal aid or private endowment programs in which they participate. This information and data shall be supplied the coordinator within forty-five (45) days from the date of request unless more time is granted by the coordinator.

 

9-1-210.� State authorized to accept gifts.

 

The state, through the governor may accept gifts, grants, funds or assistance from any federal, state or local governmental agencies or from any private source.

 

9-1-211.� Vacancy in office of governor; successor designated; order of succession; proclamation on succession.

 

(a)� If the governor is removed, dies, resigns or is unable to act, the state officer appearing highest on the following list who satisfies all constitutional qualifications for governor and is not under impeachment by the house of representatives shall act as governor until the disability of the governor is removed or a new governor is elected and qualified:

 

(i)� Secretary of state;

 

(ii)� President of the senate;

 

(iii)� Speaker of the house of representatives;

 

(iv)� State auditor;

 

(v)� State treasurer;

 

(vi)� State superintendent of public instruction;

 

(vii)� Vice-president of the senate;

 

(viii)� Speaker pro tem of the house of representatives.

 

(b)� If the powers and duties of the office of governor devolve upon any person named in subsection (a) of this section, that person shall issue a proclamation that the incumbent governor has ceased to act as governor, giving the reason, and stating that the person issuing the proclamation has assumed the duties and powers of the governor.

 

9-1-212.� Vacancy in office of governor; term of successor; when election held to fill unexpired term; requirements of elections; term of person elected.

 

Whenever the powers and duties of the office of the governor of the state of Wyoming devolve upon any other person as provided in W.S. 9-1-211(a), the person acting as governor shall continue to act as governor until the end of the term of the governor if the office is assumed less than sixty (60) days before the next general election. If the office is assumed more than sixty (60) days before a general election the person acting as governor shall issue an additional proclamation calling for the election of a governor to fill the unexpired term, which election shall take place at the same time as the general election, and the election, together with the returns and canvass thereof, shall be conducted in all respects as though it was an original election for governor. When the state canvassing board canvasses the vote of the election and declares a person at the election to be elected as governor, the person shall, within thirty (30) days after the canvass, or as soon thereafter as possible, qualify and assume the duties and powers of governor, and shall be the governor of the state of Wyoming for the remainder of the unexpired term of the governor.

 

9-1-213.� Governor's residence.

 

The state shall furnish a site and buildings which shall be used exclusively for the residence of the governor of the state during his incumbency in office.

 

9-1-214.� Impeachment of governor; suspension from office; performance of duties.

 

When the house of representatives impeaches the governor, he is automatically suspended from performing the function of his office pending the trial and other proceedings in the impeachment. During the suspension the duties of the governor shall be performed as provided in W.S. 9-1-212.

 

9-1-215.� Right of governor to attend meetings; effect on quorum; designation of special meetings.

 

The governor may attend, participate in and vote at all meetings, both general and special, of all nonconstitutionally created boards and commissions of the state of Wyoming which are not exclusively licensing in nature. The governor's presence or absence shall not affect the quorum. The governor may call and designate the time and place of special meetings.

 

9-1-216.� Designation of agency or department to administer federally supported cooperative program.

 

The governor shall designate and authorize a state agency or department to administer any federally supported cooperative program in this state.

 

9-1-217.� Appointments to federally-required committees; removal; functions, powers and duties of committees.

 

The governor may appoint electors of the state to any advisory, planning or action committee which is required by the state's participation in federally supported programs. The functions, powers and duties of the committees shall not be inconsistent with the constitution or laws of this state.� The governor may remove any appointee under this section as provided in W.S. 9-1-202.

 

9-1-218.� Appointment to boards, commissions, or other bodies; appointment districts; requirement; conditions for appointments based on political party affiliation.

 

(a)� When required by law, members of boards, commissions, councils and other governmental bodies shall be appointed from the appointment districts set out in subsection (b) of this section.

 

(b)� The appointment districts are as follows:

 

(i)� Laramie, Goshen and Platte county comprise district 1;

 

(ii)� Albany, Carbon and Sweetwater counties comprise district 2;

 

(iii)� Lincoln, Sublette and Teton and Uinta counties comprise district 3;

 

(iv)� Campbell, Johnson and Sheridan counties comprise district 4;

 

(v)� Big Horn, Hot Springs, Park and Washakie counties comprise district 5;

 

(vi)� Crook, Niobrara and Weston counties comprise district 6;

 

(vii)� Natrona, Fremont and Converse county comprise district 7.

 

(c)� Whenever a vacancy occurs, an appointment shall first be made from an appointment district which was not represented on the governmental body before the vacancy. If all districts were represented, the appointment shall be made so as to best equalize representation among the districts.

 

(d)� Unless otherwise provided by law, appointments shall rotate consecutively among all the counties of the appointment districts.

 

(e)� Any appointment made on or after July 1, 1996 by the governor to a state board, commission, council or committee created by law, for which senate confirmation is required by law or constitution and for which political party affiliation is specified by law, shall be conditioned upon membership in the same political party for not less than six (6) months prior to the date of appointment for temporary appointments made under W.S. 28-12-101(b) and not less than six (6) months prior to the date of nomination for appointment under W.S. 28-12-101(a). Prior to senate confirmation, the person appointed shall file in the office of the governor an affidavit acknowledged and sworn to under oath stating his party affiliation for the six (6) month period preceding the date of appointment.� Filing a false statement may be cause for removal.

 

9-1-219.� Bond limit allocation authority.

 

(a)� The governor shall establish rules and regulations to provide for the allocation of the private activity bond limit or the unified volume limitation, whichever is established by the United States Internal Revenue Code, among the governmental units in the state having authority to issue private activity bonds or nonessential governmental function bonds.� The objective of the rules shall be to establish an accessible, equitable and efficient allocation process which advances the state and local benefits of tax-exempt financing. To the extent permitted by federal law, the rules may depart from federal allocation requirements, including requirements for housing bonds, redevelopment bonds and bonds issued by state and local bond issuing authorities.

 

(b)� Rulemaking under this section shall be subject to the Wyoming Administrative Procedure Act.

 

(c)� Repealed by Laws 1986, ch. 59, � 2.

 

9-1-220.� Repealed by Laws 1998, ch. 6, � 5.

 

9-1-221.� Tribal liaison; qualifications; removal; duties.

 

The governor may employ a tribal liaison, who shall be a qualified elector of the state and who may be removed by the governor as provided in W.S. 9-1-202.� The liaison shall aid, assist and advise the governor on state-tribal relations including the coordination of programs and other activities between the state and tribal governments.� The tribal liaison may maintain offices within the state as directed by the governor.

 

9-1-222.� State chief information officer; duties.

 

(a)� The governor is authorized to employ a state chief information officer. The chief information officer shall carry out the following duties:

 

(i)� Develop a biennial information technology plan for the executive branch;

 

(ii)� Implement and maintain an information technology governance program for the executive branch;

 

(iii)� Establish review criteria for executive branch information technology projects and major purchases;

 

(iv)� Develop and implement recommendations for the proper management of executive branch information technology resources;

 

(v)� Review and make recommendations to the governor concerning information technology budget requests made by executive branch agencies;

 

(vi)� Adopt technical 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 and 9-2-1026.2(k).

 

(b)� The provisions of subsection (a) of this section shall be applied as follows:

 

(i)� The University of Wyoming and Wyoming community colleges shall not be subject to the provisions of paragraphs (a)(i) through (vii) of this section;

 

(ii)� The game and fish department and the� department of transportation shall not be subject to paragraphs (a)(iii) and (iv) of this section;

 

(iii)� State entities exempted from the provisions of subsection (a) of this section, and the judicial and legislative departments of state government may adhere to the standards, policies and plans developed pursuant to subsection (a) of this section to the extent feasible, as determined by the entity or the department of government, as applicable.

 

9-1-223.� Serve Wyoming; composition; powers and duties; definitions.

 

(a)� Serve Wyoming is transferred from the office of the governor to the department of workforce services and shall operate as a private not-for-profit corporation, as specified in this section.

 

(b)� The membership of Serve Wyoming shall be as provided in 42 U.S.C. 12638.

 

(c)� In addition to voting members appointed under subsection (b) of this section, there shall be at least one (1) ex officio nonvoting member of the corporation serving on Serve Wyoming.� Other nonvoting members may be appointed as provided in 42 U.S.C. 12638.

 

(d)� Appointed members of Serve Wyoming shall serve terms of three (3) years and may be reappointed to serve additional terms.� Voting members of Serve Wyoming shall elect a chairman and a vice chairman from among the voting members.

 

(e)� The purpose of Serve Wyoming shall be to:

 

(i)� Receive federal, state and private funds or donations;

 

(ii)� Administer funds received under this subsection to foster community services, volunteerism, mentoring and literacy;

 

(iii)� Develop and implement a comprehensive, statewide plan for promoting volunteer involvement and citizen participation in Wyoming;

 

(iv)� Communicate and cooperate with national and state organizations that support the mission of Serve Wyoming;

 

(v)� Fulfill federal program administration requirements, including working with the corporation on national and community service to assist in the provision of health care and childcare for service program participants;

 

(vi)� Submit annual state applications for federal funding for selected Americorps programs;

 

(vii)� Monitor the performance and progress of programs receiving funds from Serve Wyoming;

 

(viii)� Provide technical assistance to local not-for-profit organizations and other entities in planning programs, applying for funds and in implementing and operating high quality programs;

 

(ix)� Develop mechanisms for recruitment and placement of people interested in participating in service programs;

 

(x)� Delegate nonpolicy making duties to a public or private not-for-profit organization, subject to requirements that the corporation on national and community service may prescribe.

 

(f)� As used in this section:

 

(i)� "Corporation" means the corporation on national and community service created by the National and Community Service Act of 1990;

 

(ii)� "Serve Wyoming" means the not-for-profit corporation within the department of workforce services to implement the purposes of the National and Community Service Act of 1990.

 

ARTICLE 3 - SECRETARY OF STATE

 

9-1-301.� Custodian of state seal.

 

The secretary of state is the custodian of the great seal of the state.

 

9-1-302.� Powers and duties; custodian of public records; preservation of proclamations of governor; removal of public documents prohibited; exceptions.

 

(a)� The secretary of state is the custodian of, and shall preserve:

 

(i)� All the public records, documents, acts and resolutions of the legislatures of the territory and state of Wyoming;

 

(ii)� All proclamations of the governor proclaiming the effectiveness of constitutional amendments, corporate revocations and any other proclamation designated as a permanent record by the governor. The secretary of state shall preserve all other proclamations of the governor for one (1) year and then deliver them to the department of state parks and cultural resources for destruction or preservation as it deems desirable;

 

(iii)� Property of the state when no other provision is made by law;

 

(iv)� Copies of all clemency documents signed by the governor, including pardons, commutations of sentence, reprieves, remissions of fine or forfeiture, and restorations of civil rights.

 

(b)� Except as otherwise provided in this section, the secretary of state shall not permit any original paper or public document, filed in the office, to be taken out of it unless called for by a resolution of either house of the legislature or for the examination of the governor.� The secretary of state may store any original paper or public document, filed in the office, in any other state building within the capital city if the storage will protect the papers or documents from destruction and unauthorized access to the same or greater extent than storage in the office of the secretary of state.

 

9-1-303.� Powers and duties; affixing seal to and countersigning commissions and documents; certified copies of acts; file of commissions and appointments.

 

(a)� The secretary of state shall affix the great seal of the state to, and countersign:

 

(i)� Commissions;

 

(ii)� Official acts which the governor is required by law to perform except his approval or disapproval of legislative acts; and

 

(iii)� Other instruments when required or authorized by the governor.

 

(b)� The secretary of state shall deliver to every person upon request, copies of any act, resolution, order of the legislature, commission or other official act of the governor, roll, record, document, paper, bond or recognizance, deposited in the office by law, and certify the copies under his hand, and affix thereto the seal of the office upon tender of fees prescribed by law.

 

(c)� The secretary of state shall keep a file of all commissions issued and appointments made by the governor. The file shall specify:

 

(i)� The name of the person;

 

(ii)� The office conferred or commission issued;

 

(iii)� The district or county for which the appointment is made; and

 

(iv)� The term of office.

 

9-1-304.� Removal from state or impeachment; acting secretary of state; appointment; duties.

 

In case of removal from the state, or impeachment of the secretary of state, the governor shall appoint an acting secretary of state, who shall take the oath herein prescribed and perform the duties of the office during absence occasioned by the removal or pendency of impeachment.

 

9-1-305.� Fees; amounts; collection; exceptions.

 

(a)� The secretary of state shall collect the following fees in advance for:

 

(i)� Certificate and seal, three dollars ($3.00);

 

(ii)� Filing any document, a minimum of three dollars ($3.00);

 

(iii)� Issuing a notarial officer commission, thirty dollars ($30.00);

 

(iv)� Recording each instrument of writing, three dollars ($3.00) for the first page;

 

(v)� Each subsequent page, one dollar ($1.00);

 

(vi)� Copies of laws or documents recorded or filed in the office of the secretary of state, fifty cents ($.50) per page for the first ten (10) pages and fifteen cents ($.15) for each additional page. When the secretary of state furnishes a copy of any law already printed, he shall receive three dollars ($3.00) for each copy and three dollars ($3.00) for certifying and sealing the copies;

 

(vii)� Issuing any other paper not herein enumerated, three dollars ($3.00).

 

(b)� The secretary of state shall receive no fee for the following services:

 

(i)� Issuing commissions to state, district and county officers;

 

(ii)� Filing pardons, requisitions and appointments of agents;

 

(iii)� Filing oaths of office.

 

9-1-306.� Repealed By Laws 1999, ch. 49, � 3.

 

9-1-307.� Secretary of state; employment of legal counsel.

 

The secretary of state may employ legal counsel to review contracts entered into by the secretary of state in his official capacity and to perform other duties assigned by the secretary of state.� Nothing in this section prohibits the secretary of state from using the services of the attorney general's office.

 

ARTICLE 4 - AUDITOR AND TREASURER

 

9-1-401.� Seals of office; access to records; power to administer oaths; accounting records.

 

(a)� The treasurer and auditor shall each:

 

(i)� Keep a seal of office, which shall be used to authenticate all writings, papers and documents certified by either officer;

 

(ii)� Have free access to each other's offices and to all other offices of the state to inspect books, accounts and papers pertaining to their duties;

 

(iii)� Have power to administer oaths and affirmations required by law in matters touching their duties;

 

(iv)� Balance their accounting records to verify that cash and investments, adjusted for outstanding warrants, reflect the amount due to each fund and account in the Wyoming uniform accounting system.

 

9-1-402.� State auditor; duties generally.

 

(a)� The state auditor is the comptroller, chief accountant and the official custodian of the state's accounting records, accounts, vouchers, documents and all papers relating to the accounts and contracts of the state and its revenue, debt and fiscal affairs not required by law to be kept by another office. State agencies or officers certifying payments may retain the documents required under this section, subject to any rules and regulations promulgated by the state auditor with respect to acceptable documentation, certification and retention.

 

(b)� The state auditor shall serve as the chief fiscal control officer of the state of Wyoming, shall maintain the state's central fiscal accounts, and shall order all payments into and out of the funds held by the state treasurer.

 

(c)� The state auditor shall be the state payroll officer, shall maintain the official payroll for all state agencies, excluding the University of Wyoming, and shall supervise the issuance of all payroll warrants. The state auditor may enter into agreement with any state agency to maintain the official payroll and supervise issuance of all payroll warrants for the state agency.

 

9-1-403.� State auditor; duties; prohibited acts; powers; investigative subpoenas.

 

(a)� The state auditor shall:

 

(i)� Audit and settle all claims against the state payable out of the treasury excluding claims required by law to be audited and settled by other officers and persons. Before settling claims under this paragraph, the state auditor shall:

 

(A)� Require state agencies to have procedures in place to ensure that:

 

(I)� The claims have been properly approved by a competent authority; and

 

(II)� The state agency has charged the claim to the appropriate state account.

 

(B)� Verify that the state agency responsible for the claim has received the funding necessary from the legislature.

 

(ii)� Draw all warrants upon the treasurer for money unless otherwise provided by law;

 

(iii)� Except as provided by law, cause prosecution of persons failing to remit public money or property to the state and debtors of the state;

 

(iv)� Be authorized to cooperate with the federal government, other states and interested persons regarding federal royalty management, including site inspection and audit activities, to ensure the state is receiving the proper amount of federal and state mineral royalty entitlements, except that commencing July 1, 1989, the department of audit shall exercise this authority;

 

(v)� Make a preliminary annual financial report of the fiscal affairs of the state to the governor, president of the senate, speaker of the house, and cochairmen of the joint appropriations committee, on or before September 30 of each year.� The state auditor shall provide a final annual report on or before December 15.� The report shall include financial statements which shall be prepared, insofar as practical, in conformance with generally accepted accounting principles;

 

(vi)� When any person is entitled to a warrant or other payment from the treasury, against whom there is a due and payable account or claim in favor of the state, upon notification thereof, ascertain the amount due and payable to the state, and draw a warrant on the balance.� The state auditor may deduct the entire amount due and payable to the state or may deduct a portion of the amount due and payable to the state;

 

(vii)� Whenever he refuses to draw a warrant pursuant to any voucher, return the voucher together with a written statement of the reasons for his disapproval to the agency which transmitted the voucher, and retain a record of the disapproved voucher;

 

(viii)� On or before the fifteenth day of each month, make available in electronic or hard copy detailed statements of expenditures and revenues for each state entity that receives an appropriation in accordance with budget classification.� These statements shall be available to each entity and to the budget division.

 

(b)� The state auditor shall not draw warrants:

 

(i)� In excess of amounts appropriated except as otherwise provided by law;

 

(ii)� For the keeping or transporting of prisoners except on accounts certified under oath naming the prisoners, stating the time each prisoner has been kept, stating the distance the prisoner was transported;

 

(iii)� For items furnished or services rendered except on itemized accounts or vouchers certified under penalty of perjury by the vendor or by an authorized person employed by the agency receiving the items or for whom the services were rendered showing the date each item was furnished or service rendered by the vendor. The certification and documentation required under this paragraph may be provided to the state auditor by the state official employed by the agency receiving the items or services by electronic or other acceptable media in accordance with rules and regulations promulgated by the state auditor;

 

(iv)� Unless the individual state agency provides documentation and certification that the bill, invoice, account, payroll or other evidence of the claim, demand or charge is satisfactory to the state auditor with respect to the regularity, legality and correctness of the expenditure or disbursement, and that the claim, demand or charge has not been previously paid. If he is satisfied, he shall approve the claim, demand or charge, subject to audit at the discretion of the state auditor after processing the warrant using acceptable auditing techniques. The state auditor may, by general rule or special order, require certification or evidence as the circumstances may demand;

 

(v)� For payment on a contract for professional consultant or other services unless the agency has certified that the contract for the services has been reduced to writing before the services are performed, and that the contract is in compliance with procedures of the attorney general, is approved by the attorney general, and, except for contracts of twenty thousand dollars ($20,000.00) or less which are entered into by the office of an elected state official, is filed with and approved by the department of administration and information. For payment on a contract for professional or other services entered into by the department of transportation, filing of the contract with and approval by the department of administration and information and approval by the attorney general is not required, however the attorney general shall first review the contract if the contract is over twenty thousand dollars ($20,000.00);

 

(vi)� For payment of salaries or wages for state officials or employees before the completion of the period for which the compensation is being paid, except that employees leaving the service of the state may be paid at the termination of their period of employment. Effective April 1, 1992, all salary and wage payments to persons employed by the state of Wyoming, other than the University of Wyoming, shall be made by direct deposit, unless the individual employee elects not to participate in this program.

 

(c)� The state auditor may:

 

(i)� Audit, settle and adjust the accounts of state officers and employees who are required by law to collect state revenue and pay it into the treasury;

 

(ii)� Keep an account of any separate fund in the state authorized by law and of all debts and credits between the state and the United States, other states or persons;

 

(iii)� Delegate to individual state agencies the responsibility for preauditing vouchers.� The state agencies to which the responsibility is delegated shall perform the preaudit function.� The state auditor may specify reasonable conditions and limitations upon any delegation under this subsection and may rescind a delegation at any time upon reasonable notice in writing to the agency;

 

(iv)� Prescribe and require the use by state agencies, of forms for all documents required by law in the performance of his duties or which he may reasonably require therefor.� The state auditor may, when he deems it advisable for the promotion of efficiency in state government, accept vouchers, invoices, document images or signatures on electronic or other appropriate media, as prescribed by rules and regulations of the state auditor;

 

(v)� Issue wire transfers, electronic transfer of funds or other acceptable payment methods, in lieu of warrants, for the payment of goods or services, provided requests for the wire transfers are itemized accounts or vouchers certified under penalty of perjury by the vendor and approved in the same manner and procedure as followed in the preparation of warrant requests as set forth in paragraph (b)(iii) of this section;

 

(vi)� Repealed By Laws 1999, ch. 189, � 2.

 

(vii)� Notwithstanding paragraph (b)(iii) of this section, the state auditor may draw a warrant for prepayment for goods or services when it is beneficial for the state to pay in advance of receipt of the goods or services;

 

(viii)� Employ legal counsel to review contracts entered into by the state auditor in his official capacity and perform other duties as assigned by the state auditor.� Nothing in this paragraph prohibits the state auditor from using the services of the attorney general's office.

 

(d)� For purposes of any financial investigation or review of any agency program or activity funded in whole or in part with state funds, the attorney general, at the request of the state auditor, may:

 

(i)� Subpoena witnesses to appear before the state auditor for oral examination;

 

(ii)� Require the production or disclosure of any matter relevant to the investigation or review including:

 

(A)� The existence, description, nature, custody, condition and location of any books, documents, records or other tangible material; and

 

(B)� The identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of evidence necessary or related to the financial investigation or review.

 

(e)� If any tangible materials subpoenaed under subsection (d) of this section are located outside of this state, the person to whom the subpoena is issued shall make the materials available to the state auditor at a convenient location. If any party fails or refuses to obey a subpoena or to provide testimony as required under subsection (d) of this section, the attorney general may, upon reasonable notice to all affected persons, apply to the district court for an order compelling compliance.

 

(f)� Within one hundred eighty (180) days of the issuance of subpoena pursuant to subsection (d) of this section, the attorney general shall disclose to the party or parties investigated that the investigation took place and the reasons for it.

 

(g)� The state auditor shall:

 

(i)� Make a full report of any investigation conducted under subsections (d) and (e) of this section;

 

(ii)� Maintain the report made under paragraph (g)(i) of this section in his files;

 

(iii)� Annually report to the legislature on the number, location by county and general extent of the investigations.

 

(h)� The state auditor shall have the authority to obtain the financial and criminal background of an employee or employment applicant of the state auditor in accordance with W.S. 7-19-106 and 7-19-201.

 

9-1-404.� Specified claims against state to be presented within one year.

 

Except as provided by W.S. 1-39-101 through 1-39-120, persons having claims against the state shall document the claim and submit it to the state auditor within one (1) year after the claim accrues, to be audited, settled and acted upon.

 

9-1-405.� Setoffs in suits by state.

 

(a)� In all suits brought in behalf of the state no debt or claim shall be allowed against the state as a setoff unless:

 

(i)� The debts or claims were exhibited to the auditor and by him allowed or disallowed; or

 

(ii)� It is proved to the court that the defendant at the time of trial possesses vouchers which he could not produce to the auditor or that he was prevented from exhibiting the claim to the auditor by absence from the state, sickness or accidents.

 

9-1-406.� Taking evidence concerning settlement of accounts.

 

Except as provided by W.S. 1-39-101 through 1-39-120, the state auditor may examine the parties, witnesses or others, on oath or affirmation, relating to any matters material to the settlement of accounts, including information which is declared confidential by law, and for that purpose may issue subpoenas and compel witnesses to attend before him and give evidence in the same manner and by the same means allowed by law to courts of record. The state auditor shall take all reasonable measures necessary to protect the confidentiality of all confidential information obtained pursuant to this section.

 

9-1-407.� Certificate of auditor's decision; claims against state in absence of appropriation or authorization.

 

(a)� At the request of a person who is dissatisfied with the decision of the auditor on any claim, account or credit except as provided by W.S. 1-39-101 through 1-39-120, the auditor shall certify his findings and decision.

 

(b)� Except as provided by W.S. 1-39-101 through 1-39-120, when the law recognizes a claim for money against this state and no appropriation or authorization is made by law to pay the claim, upon demand, the auditor shall audit and adjust the claim and give the claimant a certificate of the amount of the claim.

 

(c)� The auditor shall report claims under this section to the speaker of the house and the president of the senate. The auditor shall pay the claim if an appropriation is made for that purpose.

 

9-1-408.� Payment by auditor's warrants.

 

(a)� When accounts are audited and allowed against the state, or grants, salaries, pay and expenses are allowed by law, the auditor shall draw a warrant on the treasurer for the amount due if money is legally available to pay the claim.

 

(b)� Upon satisfactory proof being presented to the state auditor that any warrant drawn on the state treasury has been lost or destroyed before having been paid, the state auditor shall issue a duplicate warrant therefor.� The state auditor may require a bond to be executed, or security approved by him, payable to the state of Wyoming, in the penalty of the amount of the warrant and conditioned to save harmless the state from any loss occasioned by the issuing of the duplicate warrant.

 

(c)� Upon satisfactory proof being presented to the state auditor that any warrant drawn on the state treasury has been stolen, forged and then paid, the state auditor may issue a duplicate warrant to the payee, provided:

 

(i)� The payee affirms in writing under oath that the endorsed signature on the paid warrant is not that of the payee, the payee did not aid or abet the individual who stole and endorsed the warrant, and the payee will assist the state and law enforcement officials in determining who stole and forged the paid warrant; and

 

(ii)� The payee, if entitled to any future payments from the state, agrees that future payments will be reduced by the amount of the forged warrant, should it be discovered that the payee provided false information pursuant to this subsection.

 

9-1-409.� State treasurer; duties generally; demand accounts; state revenues paid to treasurer.

 

(a)� The state treasurer shall:

 

(i)� Receive and keep all monies of the state not required by law to be received and kept by another state official;

 

(ii)� Pay all warrants duly and legally issued by the auditor so long as there are in his hands funds sufficient to pay the warrants;

 

(iii)� Keep a just, true and comprehensive account of all money received and disbursed;

 

(iv)� Have general responsibility for the management of state cash resources, including developing information in conjunction with the state auditor, to forecast the cash needs of the state.

 

(b)� The state treasurer may use demand accounts to pay warrants or to pay for investments. A record of the use of demand accounts shall be created and maintained in the treasurer's office.

 

(c)� Every state officer, employee, department or commission receiving revenue for or on behalf of the state from any source shall pay all revenue to the state treasurer as directed by him.

 

(d)� The state treasurer may employ legal counsel to review contracts entered into by the state treasurer in his official capacity and perform other duties as assigned by the state treasurer. Nothing in this subsection prohibits the state treasurer from using the services of the attorney general's office.

 

9-1-410.� Receipts for monies paid into treasury.

 

The treasurer shall issue receipts for all monies paid into the treasury. A copy of each receipt shall immediately be deposited by the treasurer with the auditor.

 

9-1-411.� Repealed By Laws 1997, ch. 195, � 2.

 

 

9-1-412.� Offenses by auditor and treasurer; penalties.

 

(a)� If the state treasurer willfully refuses to pay any warrant lawfully drawn upon the treasury, the holder of the warrant may recover four (4) times the amount of the warrant in a civil action against the state treasurer and his sureties. Upon conviction, the treasurer is guilty of a misdemeanor.

 

(b)� If the state auditor knowingly issues any warrant upon the state treasury not authorized by law, he is guilty of a misdemeanor punishable by a fine of not more than four (4) times the amount of the warrant, imprisonment for not more than one (1) year, or both.

 

(c)� Repealed by Laws 1982, ch. 75, � 5; 1983, ch. 171, � 3.

 

(d)� A person who violates W.S. 9-1-403(b) or W.S. 9-1-409(a) commits a felony punishable by a fine of not more than three thousand dollars ($3,000.00) and by imprisonment for not more than five (5) years.

 

9-1-413.� Report of financial commitments.

 

At the request of the state treasurer all state agencies and departments making financial commitments payable from the state treasury shall report to the state treasurer on forms prescribed by him the commitments made and the approximate date payable.

 

9-1-414.� Repealed by Laws 1987, ch. 123, � 2.

 

9-1-415.� Collection of debts due the state; discharge of uncollectible debts.

 

(a)� Except as provided in subsections (e) and (f) of this section, any office or agency of the state may use the services of a collection agency licensed in Wyoming to assist in the collection of debts due the state or any state office or agency.

 

(b)� Any debt due and owing the state or any office or agency of the state, which is determined to be uncollectible, shall be certified to the state auditor by the chief administrative officer of the agency 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;

 

(iv)� An explanation of what actions have been taken to collect the debt and why the debt has remained unpaid; and

 

(v)� A declaration that the debt is uncollectible.

 

(c)� If the auditor agrees the debt is uncollectible, he shall direct that the debt be discharged and extinguished as an asset or account receivable of the state.

 

(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.

 

(e)� Before any billing for services, collections or use of the services of a collection agency, state institutions shall first make an administrative determination that all statutory requirements relative to patient billing have been followed in each case. In the case of those state institutions defined by W.S. 25-11-101(a)(vii), the decision of whether to contract with a collection agency shall be made by the department of health or the department of family services pursuant to W.S. 25-11-106.

 

(f)� No patient billing from the state hospital shall be collectible unless:

 

(i)� A legally responsible person has been advised in writing before the treatment or stay at the hospital, at the time of admission or a reasonable time thereafter, of:

 

(A)� The obligation to pay;

 

(B)� The schedule of actual costs for treatment established by the department of health pursuant to W.S. 25-11-102(a);

 

(C)� The sliding scale used to determine established charges pursuant to W.S. 25-11-103(a); and

 

(D)� The right to appeal pursuant to W.S. 25-11-103.

 

(ii)� The patient has been provided with a monthly billing statement; and

 

(iii)� The statutory requirements for the determination of patient billing have been followed.

 

9-1-416.� Local investment pool.

 

(a)� Upon request by any county, municipality, school district or any other local governmental entity, and as provided in W.S. 9-3-503(a), the state treasurer shall invest funds of one (1) or more of those entities on a pooled basis in the same manner as the state treasurer makes short term investments of state funds. The state treasurer shall adopt rules and regulations which:

 

(i)� Provide for the transmittal of funds from the entities to the state treasurer for investment, the manner in which the funds may be withdrawn from the investment pool by entities, accounting and reporting procedures and any other provisions which will effectively carry out the purposes of this section; and

 

(ii)� Establish fees to be charged to local governmental entities which request investment assistance under this section. The fees collected shall not exceed the direct costs incurred by the state treasurer in providing the investment assistance. Fees collected under this paragraph shall be deposited into an account to be known as the investment assistance account.

 

(b)� Nothing in this section shall be construed to require the state of Wyoming to reimburse government entities for any losses that may occur on investments under this section.

 

9-1-417.� Interfund loans; repayment; maximum amount.

 

The state treasurer and the state auditor may utilize interfund loans from the general fund or the budget reserve account to any other fund or account to meet obligations which come due prior to receipt of revenues. The interfund loans shall be repaid as soon as the anticipated revenue is received. The total amount of interfund loans outstanding at one (1) time shall not exceed sixty million dollars ($60,000,000.00). These loans shall not be used to fund shortages caused by expenditures exceeding projected revenues but are to be used only to fund temporary shortages caused by meeting obligations which come due prior to receipt of revenues.

 

ARTICLE 5 - DIRECTOR OF THE STATE DEPARTMENT OF AUDIT

 

9-1-501.� Repealed by Laws 1991, ch. 240, � 2.

 

9-1-502.� Repealed by Laws 1991, ch. 240, � 2.

 

9-1-503.� Repealed by Laws 1982, ch. 75, � 5; 1983, ch. 171, � 3.

 

9-1-504.� Seal of office; adoption; effect of seal.

 

With the approval of the governor, the director of the state department of audit shall adopt a seal and shall file an impression of the seal with the secretary of state. Every certificate, assignment and conveyance executed by the director pursuant to law and sealed with the seal of his office shall be received as evidence and recorded in the proper recording offices in the same manner as a deed regularly acknowledged as required by law.

 

9-1-505.� Repealed by Laws 1991, ch. 240, � 2.

 

9-1-506.� Authority to issue subpoenas and administer oaths.

 

In the performance of his duties, the director of the state department of audit may issue subpoenas, administer oaths and enforce obedience of subpoenas and oaths in the same manner as courts of law in this state.

 

9-1-507.� Examination of books of state institutions, agencies and certain districts and entities; independent audit authorized; guidelines.

 

(a)� The director of the state department of audit shall:

 

(i)� Supervise the books, financial accounts and financial records of all state agencies and institutions, counties, school districts and municipalities within the state;

 

(ii)� Repealed by Laws 1993, ch. 75, � 2.

 

(iii)� Require state institutions, state agencies, the entities described in W.S. 16-4-125(c) and incorporated cities and towns with a population of less than four thousand (4,000) inhabitants to file with the department such reports of the books and accounts of the institution, agency, district or entity as the director deems necessary. The director shall promulgate rules under which special districts described in W.S. 16-4-125(c) shall prepare and file an annual report of their books and records with the department of audit. These rules shall apply to special districts which are subject to administration by the courts as provided in subsection (e) of this section. These rules shall provide for different levels of oversight, at the expense of the district, depending upon the higher of the total revenues received or expenditures made by the district during the fiscal year under review subject to the following limitations:

 

(A)� At least one million dollars ($1,000,000.00) - an audit by a certified public accountant shall be required;

 

(B)� At least one hundred thousand dollars ($100,000.00) but less than one million dollars ($1,000,000.00) - requirements shall be greater than those in subparagraph (C) of this paragraph but less than those in subparagraph (A) of this paragraph. The rules shall provide for more stringent oversight requirements for districts with higher total revenues within this range than the requirements for districts with lower total revenues within this range;

 

(C)� Less than one hundred thousand dollars ($100,000.00) but more than twenty-five thousand dollars ($25,000.00) - the only requirements shall be a proof of cash procedure conducted by an independent third party with a certification from two (2) authorized representatives of the district that the proof of cash procedure was performed by the independent third party in accordance with procedures required by the director and that to the best of their knowledge the financial information used was complete and accurate;

 

(D)� Twenty-five thousand dollars ($25,000.00) or less � the only requirement shall be the annual report of district revenues, expenses and ending cash balance.

 

(iv)� Require corrections of faults or erroneous systems of accounting and when necessary instruct county and municipal officers in the proper mode of keeping accounts;

 

(v)� Perform an audit or specified procedures of any books and records of any state institution, state agency, incorporated city or town with a population of less than four thousand (4,000) inhabitants or any district or entity described in W.S. 16-4-125(c) whenever the director feels the audit or procedures are necessary. In lieu of performing such audit or procedures, the director may accept an audit or specified procedures performed by a certified public accountant. Specified procedures shall include procedures conducted under one (1) of the following standards:

 

(A)� Current government audit standards issued by the United States comptroller general;

 

(B)� Generally accepted principles and quality standards formally approved by the Association of Inspectors General;

 

(C)� Standards recognized by the Institute of Internal Auditors; or

 

(D)� Standards recognized by the Association of Certified Fraud Examiners.

 

(vi)� Conduct performance measure reviews based on the standards developed in W.S. 28-1-115(a)(ii)(A).� The director shall determine the means to be used to verify and validate the performance measures.� The results of the reviews shall be reported to the agency head, governor and secretary of state;

 

(vii)� Require each county, city and town, special district and joint powers board in this state to report to the department revenues received and expenditures made each fiscal year.� The reports shall be made not later than September 30 for the prior fiscal year.� The format of the reports required by this paragraph shall be established by the department of audit by rule.

 

(b)� Repealed by Laws 1993, ch. 75, � 2.

 

(c) �Audit procedures performed on all state agencies, institutions and municipalities as defined in W.S. 16-4-102(a)(xiv) within the state shall be performed in accordance with current government audit standards issued by the United States comptroller general and within the standards for audit of governmental units as promulgated by the American Institute of Certified Public Accountants.

 

(d)� Repealed by Laws 2002, Ch. 26, � 2.

 

(e)� The director may waive the oversight requirements of paragraph (a)(iii) of this section for special districts created by and subject to administration by the courts, if the district provides to the director:

 

(i)� An annual written request for a waiver within thirty (30) days after the required annual filing of financial information with the court;

 

(ii)� A copy, certified by the court, of the receipts and disbursements of the district for the fiscal year for which the waiver is requested;

 

(iii)� A copy of the annual budget with the court authorized assessments for the year following the year for which the waiver is requested;

 

(iv)� Other information as the director may reasonably require.

 

(f)� No state agency or board shall impose requirements for audit procedures to be performed upon any public entity described in subsection (c) of this section which exceed the requirements of subsection (c) of this section unless those requirements have been authorized through rules or regulations promulgated by the director of the department of audit and the state agency or board provides funding for the additional audit requirements.

 

(g)� No state agency or board shall require of any recipient of grants or funds, as a condition of receiving the grant or funds, any audit procedures to be performed which exceed the requirements in subsection (c) of this section unless the state agency or board provides funding for the additional audit requirements through a specific amount in the grant of funds, or unless the requirements are specifically authorized by statute.

 

(h)� The department of audit shall have authority to promulgate rules and regulations to carry out the provisions of the audit procedures authorized by this section including, unless otherwise provided, setting the dollar limits at which audits authorized under subsections (f) and (g) of this section are to be performed for governmental entities in this state and any recipient of state funds.

 

(j)� The director of the department of audit shall certify:

 

(i)� To the state treasurer by October 5 of each year, a list of counties, cities and towns which have failed to comply with paragraph (a)(vii) of this section.� The state treasurer shall withhold the annual distribution, which would otherwise be made under W.S. 9-2-1014.1, to any county, city or town failing to comply with paragraph (a)(vii) of this section.� The withheld distribution shall be retained in the budget reserve account until the director of the department of audit certifies that the county, city or town has filed the required report;

 

(ii)� To the board of county commissioners and to the special district by October 5 of each year any special district in the county, no matter how formed, which has failed to comply with paragraph (a)(vii) of this section.� If, by November 30 of that same year, the district has failed to comply with paragraph (a)(vii) of this section, the director of the department of audit shall file notice with the county commissioners, the county treasurer and the county clerk.� The county commissioners shall place a public notice in a newspaper of general circulation in the county indicating the special district is in danger of being dissolved due to failure to comply with the legal reporting requirements.� The county commissioners shall assess the special district the cost of the public notice.� The county treasurer shall withhold any further distribution of money to the district until the department certifies to the county treasurer that the district has complied with all reporting requirements.� If the special district fails to file the required report on or before December 30 of that same year, the county commissioners shall seek to dissolve the special district in accordance with W.S. 22-29-401 et seq.� This paragraph shall apply in addition to any other provision for dissolution in the principal act for a special district.

 

(k)� The director of the department of audit shall report on or before December 31 of each year to the governor and the legislature, financial information regarding counties, cities, towns and special districts.� The information shall be obtained from the annual reports collected from the required reports in this section and shall be in a form required by the director. The annual reports and the required reports in this section shall be open for public inspection.

 

(m)� The director of the department of audit shall have the authority to obtain the financial and criminal background of any employee or employment applicant of the department in accordance with W.S. 7-19-106 and 7-19-201.

 

(n)� The director of the department of audit shall have the authority to appoint a public funds administrator who shall serve at the pleasure of the director.� The administrator shall have not less than seven (7) years of experience holding all the requirements to practice as a certified public accountant or certified internal auditor.� The administrator shall assist the director in his duties to supervise books, financial accounts and financial records of all state agencies and institutions, counties, school districts and municipalities within this state.

 

9-1-508.� Prohibited acts; failure to make return; refusal to give information; hindering or obstructing examination; penalties.

 

(a)� A person commits a felony punishable by a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00), imprisonment for not less than one (1) nor more than five (5) years, or both, if he:

 

(i)� Refuses to make a required return or exhibit to the director of the state department of audit;

 

(ii)� Refuses to give or obstructs access to information required by the director;

 

(iii)� Willfully hinders, obstructs or misleads the director in the execution of his duties;

 

(iv)� In any manner hinders the thorough examination the director is required to make by law.

 

9-1-509.� Duty of county and district attorneys.

 

When requested by the director of the state department of audit, the county and prosecuting or district attorney shall aid in any investigation or matter, give legal advice, and prosecute criminal cases.

 

9-1-510.� Instructions to public officers; failure of public officer to obey.

 

(a)� The director of the state department of audit shall instruct public officers in the proper handling of the accounts of their offices. A public officer shall handle the accounts of his office strictly in conformance with the instructions of the director. If any officer willfully neglects or refuses to handle his accounts in the manner required, the director may request those in authority to remove the officer.

 

(b)� Reports of books and accounts filed in the office of the director of the state department of audit as required by W.S. 9-1-507(a)(iii) shall be filed within three (3) months after the end of the fiscal year being reported, and shall be in such form and detail as the director may require.� Upon a request in writing and good cause shown, the director may allow an extension of time for filing a report or such additional information as may be required.

 

(c)� If a report is not filed in the director's office within the time allowed, the director may proceed to have an audit, or other oversight, as required, performed and may recover the cost of the audit or other oversight in the manner provided in W.S. 16-4-121(e).

 

9-1-511.� Reports of examinations of public offices and institutions; reports on complaints or misconduct charges.

 

(a)� The director of the state department of audit shall prepare a report of each examination of public offices and institutions and he shall keep a permanent file of the reports. He shall provide a copy of reports on state agencies and institutions to the governor, the joint appropriations interim committee and the department of administration and information. Reports of other examinations shall be sent to the appropriate governing body.

 

(b)� The director shall file with the county clerk of the county a copy of every report on a county office or institution, school district or municipal office. Audit reports prepared for agencies by independent accounting firms and accepted in lieu of the director's report shall be similarly filed. The reports shall be open for public inspection.

 

(c)� If a complaint or misconduct charge is made against any officer within the state, a copy of any report, as well as full details of the case, shall be submitted to the governor.

 

9-1-512.� Reports required by law not open for public examination; exceptions; forms for reports.

 

The director of the state department of audit shall receive and place on file in his office all reports required by law. None of the reports, except as provided by W.S. 9-1-507(k) and the published statement of banks and public offices, are public records or open for public inspection. The state banking commissioner may furnish to the federal reserve bank and its examiners copies of all reports and information pertaining to the condition of the state bank members of the federal reserve system. He may furnish to the federal deposit insurance corporation copies of all reports and information pertaining to the condition of state banks in which the corporation is interested. The state banking commissioner may share examination and other reports with other bank supervisory agencies as authorized by W.S. 13-2-807 and 13-9-316. The director of the state department of audit shall prescribe and distribute the forms for all reports his office is required by law to make.

 

9-1-513.� School finance audits and management studies.

 

(a)� In addition to other duties prescribed under this article, the director of the department of audit shall establish a school finance section within the department to carry out duties prescribed by this section.

 

(b)� The school finance section within the department established under subsection (a) of this section shall:

 

(i)� Conduct periodic audits of each school district pertaining to data required to be submitted to the department of education under law and by rule and regulation of the state superintendent of public instruction for purposes of implementing and operating the "school finance system" as defined under W.S. 21-2-203(a). Audits under this paragraph shall include audits of systems supporting data collection and shall be performed on each school district at least once within each three (3) year period;

 

(ii)� Conduct management studies of school districts including program evaluations and performance audits, on issues identified by the advisory committee to the department of education, as established under W.S. 21-2-203(d);

 

(iii)� Conduct compliance and effectiveness and efficiency audits of the state department of education with respect to data used in the school finance system, implementation and computations under the school finance system and the allocation of funds to school districts through the school finance system;

 

(iv)� Report findings and recommendations to the department of education resulting from audits and studies conducted on school districts pursuant to this subsection, including recommendations for remedies to identified problems and issues and including the identification and quantification of amounts involved in audit report and study findings;

 

(v)� In addition to paragraph (b)(iv) of this section, provide a written report of each audit or study to the school district for which the audit or report was conducted;

 

(vi)� Maintain a written report of each audit and study conducted under this section;

 

(vii)� Establish a process to ensure school districts and the department of education address and resolve any problems identified within audit and report findings and recommendations and establish the determination of the materiality levels for findings;

 

(viii)� Provide an annual report to the legislature on audits and studies conducted by the department under this section and on district and department of education efforts to resolve identified problems within the audits and reports. Reports under this paragraph shall include written responses by the districts and the department of education submitted in accordance with subsection (c) of this section;

 

(ix)� As a part of the requirements under paragraph (i) of this subsection, conduct periodic audits of career-vocational education information and computations submitted by districts as necessary for implementation of W.S. 21-13-309(m)(v)(D) and include audit findings in the report to the department of education required under paragraph (iv) of this subsection and the report to the legislature required under paragraph (viii) of this subsection.

 

(c)� School districts and the department of education shall provide access to all data and other information and shall cooperate with the school finance section as necessary to implement this section and to conduct audits and reports required under this section. In addition, each district shall within thirty (30) days following receipt of a copy of the audit or report, file a written response to each audit or report conducted on that district with the department. The state superintendent shall on behalf of the department of education and within thirty (30) days following receipt of a report or audit on the department, file a written response to the report with the department of audit.

 

(d)� The director or his designee shall participate in the advisory committee to the department of education, as required under W.S. 21-2-203(d).

 

ARTICLE 6 - ATTORNEY GENERAL

 

9-1-601.� Appointment; term; removal; special assistant for legislative affairs; qualifications.

 

(a)� The attorney general of the state of Wyoming shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103 and may be removed by the governor as provided in W.S. 9-1-202.

 

(b)� If a newly elected governor appoints an attorney general to take office prior to or during the legislative session next following the governor's election, the newly appointed attorney general designee shall become a member of the attorney general's staff to serve as a special assistant to the governor for legislative affairs. When the legislative session adjourns the attorney general's term of office shall terminate.

 

(c)� Prior to his appointment, the attorney general shall have been a practicing attorney for at least four (4) years. At the date of appointment, he shall be in good standing in the courts of record of this state and shall be a resident and elector of the state.

 

9-1-602.� Vacancy in office.

 

In case of a vacancy in the office of attorney general the governor shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28-12-101(b).

 

9-1-603.� Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials.

 

(a)� The attorney general shall:

 

(i)� Prosecute and defend all suits instituted by or against the state of Wyoming, the prosecution and defense of which is not otherwise provided for by law;

 

(ii)� Represent the state in criminal cases in the supreme court;

 

(iii)� Defend suits brought against state officers in their official relations, except suits brought against them by the state;

 

(iv)� Represent the state in suits, actions or claims in which the state is interested in either the Wyoming supreme court or any United States court;

 

(v)� Be the legal adviser of all elective and appointive state officers and of the county and district attorneys of the state;

 

(vi)� When requested, give written opinions upon questions submitted to him by elective and appointive state officers and by either branch of the legislature, when in session;

 

(vii)� Effective July 1, 2000, serve as the designated agency to administer the Wyoming governor's council on developmental disabilities. A memorandum of understanding shall be executed by and between the designated agency and the governor's council, which shall incorporate the provisions of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6024;

 

(viii)� Approve or disapprove any contract submitted to him for review within thirty (30) days of submission.

 

(b)� With the approval of the governor the attorney general may retain qualified practicing attorneys to prosecute fee-generating suits for the state if expertise in a particular field is desirable.

 

(c)� Upon the failure or refusal of any district or county attorney to act in any criminal or civil case or matter in which the county, state or any agency thereof is a party, or has an interest, the attorney general may, at the request of the board of county commissioners of the county involved or of the district judge of the judicial district involved, act on behalf of the county, state or any agency thereof, if after a thorough investigation the action is deemed advisable by the attorney general. The cost of investigation and the cost of any prosecution arising therefrom shall be paid out of the general fund of the county where the investigation and prosecution take place. The attorney general shall also, upon direction of the governor, investigate any matter in any county of the state in which the county, state or any agency thereof may be interested. After investigation, the attorney general shall submit a report of the investigation to the governor and to the district or county attorney of each county involved and may take such other action as he deems appropriate.

 

(d)� When requested by a county or district attorney, the attorney general may assign a member of his staff who is experienced in trial work and in the prosecution of criminal cases to assist in the prosecution of a felony.

 

9-1-604.� Office in state capitol building; private practice prohibited; exception.

 

The attorney general shall keep an office in the state capitol building, shall not open an office elsewhere and shall not engage in any private practice except to consummate business pending at the time of his appointment if not in conflict with the duties of his office.

 

9-1-605.� Approval of public securities and official bonds; water rights proceedings; investigation of misconduct of county official; report to governor; commencement of action.

 

(a)� The attorney general shall examine, pass upon and approve:

 

(i)� Public securities before permanent funds of the state are invested in them;

 

(ii)� Official bonds executed by state officers.

 

(b)� Under the direction of the governor the attorney general shall institute and pursue proceedings to maintain the state's and its citizens' rights in the waters of interstate streams.

 

(c)� Upon representation to the governor of misconduct or malfeasance in office or the commission of a crime by any county officer in the state and if the governor believes the ends of justice demand or the matter will not be properly investigated and prosecuted by the sheriff and by the district attorney of the county, the governor may direct the attorney general to investigate the case.

 

(d)� Upon completion of the investigation, the attorney general shall report the results of the investigation and his recommendations to the governor. If the governor and the attorney general determine that the attorney general should institute a criminal or civil action, the attorney general shall commence the action. The attorney general shall have the authority and duty vested in district attorneys in this state.

 

9-1-606.� "State official"; defense thereof in civil suit; reimbursement of state.

 

(a)� For the purposes of this section, "state official" means the head of any state agency or an elected state executive official.

 

(b)� When any state official is sued for an official act in a civil lawsuit not involving a tort action governed by W.S. 1-39-104, the attorney general shall provide defense counsel from the attorney general's office or by contracting with private counsel at state expense.

 

(c)� If the judgment in the lawsuit finds the state official was acting outside the scope of his employment, the state official shall reimburse the state for all expenditures made in his defense.

 

(d)� This section shall not be construed to limit the right or obligation of the state to defend any state employee.

 

9-1-607.� Deputy attorneys general; appointment; qualifications; term; duties; certificate of appointment and oath of office.

 

(a)� The attorney general may appoint two (2) deputies, one (1) for civil affairs and one (1) for criminal affairs. Each deputy shall be a member of the Wyoming bar in good standing and shall serve at the pleasure of the attorney general. Each deputy shall have the qualifications and perform the duties required by the attorney general.

 

(b)� When a deputy is appointed the attorney general shall file in the office of the secretary of state a certificate of appointment and the official oath of office of the deputy. The deputy shall not perform any official act until the certificate has been filed.

 

9-1-608.� Assistant attorneys general.

 

(a)� With the approval of the governor, the attorney general may appoint assistant attorneys general necessary for the efficient operation of his office. Each assistant attorney general shall be a member in good standing of the Wyoming bar and shall serve at the pleasure of the attorney general. The assistants shall act under the direction of the attorney general and his deputies. The attorney general, his deputies or his assistants may appear in any courts of the state or the United States and prosecute or defend on behalf of the state. An appearance by the attorney general or his staff does not waive the sovereign immunity of the state.

 

(b)� With the approval of the governor the attorney general may appoint special assistant attorneys general for any purposes. A person shall not be employed as an attorney or legal counsel by any department, board, agency, commission or institution of the state, or represent the state in that capacity, except by the written appointment of the attorney general. Written appointment of the attorney general shall not be required for the employment of legal counsel by elected state officials.

 

(c)� At the request of any state department, board, agency, commission or institution, the attorney general may assign special assistant attorneys general to the department, board, agency, commission or institution.

 

9-1-609.� Salary of deputy attorneys general.

 

The deputy attorneys general shall receive an annual salary determined by the personnel division.

 

9-1-610.� Administrative and clerical personnel.

 

Subject to the rules of the personnel division, the attorney general may employ administrative and clerical personnel necessary for the efficient operation of his office.

 

9-1-611.� Division of criminal investigation; created; definitions; director; appointment; qualifications.

 

(a)� The Wyoming division of criminal investigation is created within the office of the attorney general.

 

(b)� As used in this act:

 

(i)� "Agent" means an agent of the division;

 

(ii)� "Director" means the director of the division;

 

(iii)� "Division" means the Wyoming division of criminal investigation;

 

(iv)� "This act" means W.S. 9-1-611 through 9-1-627.

 

(c)� With the approval of the governor, the attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.

 

(d)� The director shall be a professional law enforcement officer, experienced in modern methods for the detection of crime and the apprehension of criminals. He shall possess the qualifications of an agent under W.S. 9-1-613 and shall have a thorough working knowledge of criminal law and the law of criminal procedure, including the law of arrest, search and seizure and interrogation of criminal suspects. The director shall possess other qualifications required by the attorney general.

 

9-1-612.� Duties of director; deputy directors; appointment; duties; capitol security; security personnel requirements and powers.

 

(a)� The director shall supervise and direct all activities of the division. Subject to the written approval of the attorney general, the director shall prescribe rules and regulations not inconsistent with law to implement this act. The director is responsible to the attorney general for the operation of the division.

 

(b)� With the approval of the attorney general the director may appoint one (1) or more deputy directors who shall perform duties as assigned by the director.

 

(c)� Repealed By Laws 2001, Ch. 45, � 2.

 

9-1-613.� Division agents; appointment; qualifications; continuing education; appointment of persons with specific skills.

 

(a)� The director shall appoint agents who are professional law enforcement officers of honesty, integrity and outstanding ability. Agents shall be adults and shall have at least five (5) years experience in law enforcement including the detection and investigation of criminal activities or shall possess the educational qualifications required by the director after consultation with and approval by the attorney general and the personnel division.

 

(b)� The director shall establish a system of continuing education and training to ensure that agents of the division are informed of developments in criminal investigative techniques, criminal law and the law of criminal procedure.

 

(c)� The director may employ persons possessing specific skills in the areas of� forensic science, criminal identification and the gathering, processing, analysis and security of criminal intelligence.

 

(d)� The director may appoint as agents persons possessing specific skills in the area of criminal investigation.

 

9-1-614.� Division agents; administrative and clerical employees.

 

Subject to the requirements of the personnel division, the director may employ administrative and clerical employees necessary for the efficient operation of the division.

 

9-1-615.� Division agents; power and authority of agents.

 

Each agent of the division has the power and authority of any law enforcement officer in this state.

 

9-1-616.� Cooperation with other law enforcement agencies; concurrent jurisdiction.

 

(a)� The division shall cooperate with federal, state and local law enforcement agencies and officers for the efficient investigation of criminal activity and swift apprehension of persons suspected of violating the criminal laws of this state.

 

(b)� The division shall have concurrent jurisdiction and powers with, and shall not usurp or supersede the jurisdiction and powers of any other law enforcement agencies and officers in this state. However this limitation shall not apply to functions of the division described in W.S. 9-1-618(b).

 

(c)� The division, in accordance with the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109, shall cooperate with similar agencies of other states and the federal government for the purpose of developing and carrying on a complete interstate, national and international system of criminal identification.

 

9-1-617.� Agents to be safeguarded as peace officers.

 

Any agent required to perform any official function under this act is entitled to the protections, defenses or immunities provided by law to safeguard a peace officer in the performance of official acts.

 

9-1-618.� Agents to be safeguarded as peace officers; general assistance to state, county or local authorities; investigative duties.

 

(a)� With approval of the attorney general, the division may:

 

(i)� Assist a state, county or local law enforcement authority which requests assistance in investigating and detecting crime and in enforcing the criminal laws of the state;

 

(ii)� Assist in the preparation and prosecution of any criminal case when assistance is requested by a county or district attorney.

 

(b)� The division shall investigate:

 

(i)� Suspected criminal activity when directed by the governor to do so;

 

(ii)� Suspected violations of the Wyoming Controlled Substances Act of 1971 and shall perform all the duties of a law enforcement officer under that act;

 

(iii)� Organized crime which crosses jurisdictional boundaries of local law enforcement agencies;

 

(iv)� Suspected violations of computer crimes as specified in W.S. 6-3-501 through 6-3-505;

 

(v)� Suspected violations involving the sexual exploitation of children as specified in W.S. 6-4-303.

 

9-1-619.� Agents to be safeguarded as peace officers; duty of sheriffs and police to receive and detain prisoners.

 

Any sheriff, chief of police or other person having charge of a jail or other place of detention shall receive any prisoner arrested by agents of the division within the jurisdiction served by the jail or place of detention and shall detain the person in custody in the same manner as if he were arrested by a peace officer within the jurisdiction.

 

9-1-620.� Agents to be safeguarded as peace officers; agents' credentials; accepting rewards prohibited; oath; political participation prohibited.

 

(a)� The attorney general shall issue proper credentials to each agent of the division.

 

(b)� An agent or employee of the division shall not accept a reward offered for the apprehension or conviction of any person or for the recovery of any property.

 

(c)� Each agent of the division shall subscribe to the oath or affirmation required of other public officials.

 

(d)� An agent or employee of the division shall not participate in partisan, state or local politics.

 

9-1-621.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-622.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-623.� Division of criminal investigation; identification systems; information recorded; persons included; systematic maintenance and indexing.

 

(a)� The division shall establish and maintain complete systems for the identification of criminals which comply with modern and accepted methods in the field of criminal identification. The division, in accordance with the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109, shall obtain, file and preserve for record plates, photographs, outline pictures, fingerprints, measurements, descriptions, modus operandi statements and other information relating to persons who have been:

 

(i)� Convicted of or arrested for any felony;

 

(ii)� Convicted of or arrested for a high misdemeanor or other misdemeanor determined by the division;

 

(iii)� Convicted of violating any of the military, naval or criminal laws of the United States; or

 

(iv)� Convicted of a crime in any other state, country, district or province which, if committed within this state, would be a felony.

 

(b)� All information kept by the division shall be maintained, recorded and indexed in a systematic manner for the purpose of providing a convenient and expeditious method of consultation and comparison.

 

9-1-624.� Division of criminal investigation; uniform procedures and forms for collecting and disseminating identification data; agencies to cooperate.

 

(a)� The division shall:

 

(i)� Establish uniform procedures and forms for collecting and disseminating criminal identification data;

 

(ii)� Assist law enforcement agencies in establishing and implementing uniform procedures;

 

(iii)� Cooperate with the law enforcement academy to provide to law enforcement agencies and their personnel training, assistance and instruction in the gathering and dissemination of criminal identification data;

 

(iv)� Provide a system for communicating criminal identification data among law enforcement agencies in and outside the state.

 

(b)� All law enforcement agencies within the state shall cooperate with the division in establishing and maintaining an efficient and coordinated system of identification.

 

9-1-625.� Division of criminal investigation; adult arrestees to be processed accordingly; data on persons in state custodial institutions; minors.

 

(a)� When an adult is arrested for a felony, high misdemeanor or other misdemeanor determined by the division, the law enforcement agency responsible for the arrest shall process the person in accordance with the uniform procedures prescribed by the division. The law enforcement agency shall send to the division any information required under the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109, and any additional information requested by the division.� An agency making arrests covered by this section may enter into arrangements with other agencies for the purpose of furnishing required information to the division on its behalf.

 

(b)� The administrators of state penal institutions and the superintendents of the Wyoming boys' school and the Wyoming girls' school shall furnish to the division, in the manner and according to the methods prescribed by the division, photographs, fingerprints, modus operandi statements and other required identification of all persons confined in the respective institutions together with any information required under the Wyoming Criminal History Record Act, W.S. 7-19-101 through 7-19-109.

 

(c)� No minor shall be photographed or fingerprinted except in accordance with the Juvenile Court Act.

 

9-1-626.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-627.� Authority to compile, disseminate and exchange information; immunity; access to information limited; security precautions.

 

(a)� Any law enforcement officer, the attorney general and his deputies and assistants, and any prosecuting attorney may:

 

(i)� Take fingerprints, photographs and other information relating to criminal identification;

 

(ii)� Compile reports or other documents in writing containing criminal intelligence information, including statements taken from police informants and reports based on the investigation and surveillance of suspected criminal activity;

 

(iii)� Disseminate and exchange criminal identification data and criminal intelligence information among themselves and among law enforcement agencies of other states or of the federal government.

 

(b)� A person authorized under this section to disseminate or exchange information is not civilly or criminally liable for contributing or for disseminating to authorized persons criminal identification data or criminal intelligence information.

 

(c)� Access to criminal identification and intelligence information is available to law enforcement agencies, the state board of parole and department of corrections as provided by W.S. 7-13-401 through 7-13-411, any agency designated for the purpose provided by W.S. 14-6-227 and the department of family services. Each agency which has that information shall take reasonable security precautions to prevent unauthorized persons from gaining access to it in accordance with rules and procedures established by the division.� The rules and procedures may be varied between agencies, depending upon the division's determination of the agency's use of the criminal identification and intelligence information and the adequacy of the agency's security of the information provided by the division under this section.

 

(d)� Access to criminal history record information is available to the Wyoming pari-mutuel commission as provided by W.S. 11-25-104(k).� The commission shall take reasonable security precautions to prevent unauthorized persons from gaining access to criminal history record information in accordance with rules and regulations established by the Wyoming division of criminal investigation.� For the purpose of this subsection "criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release.� Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings.� It does not include intelligence data, analytical prosecutorial files, investigative reports and files of statistical records and reports in which individual identities are not ascertainable.

 

9-1-628.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-629.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-630.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-631.� Repealed by Laws 1986, ch. 32, � 2.

 

9-1-632.� Wyoming law enforcement academy; created; location.

 

(a)� The Wyoming law enforcement academy is created under the office of the attorney general.

 

(b)� The academy shall be located in Douglas, Wyoming.

 

9-1-633.� Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.

 

(a)� A director of the Wyoming law enforcement academy shall be appointed by the attorney general with the consent of the governor. The director shall serve at the pleasure of the attorney general. He shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the attorney general.

 

(b)� The director may employ assistants, instructors and other personnel as approved by the attorney general with the consent of the governor.� The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9-1-701 through 9-1-707.� The director may appoint full-time staff instructors who qualify pursuant to W.S. 9-1-701 through 9-1-707 to perform as peace officers.� Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:

 

(i)� When on law enforcement academy property;

 

(ii)� When providing security for state personnel or at designated state events or activities;

 

(iii)� When providing security for designated individuals on or about state property; or

 

(iv)� While acting pursuant to W.S. 7-2-106.

 

(c)� The director and staff shall receive salaries fixed by the Wyoming personnel division, department of administration and information.

 

(d)� The academy shall provide education in law enforcement related areas to Wyoming peace officers. The attorney general shall be assisted by, and shall have the curriculum and training programs at the academy evaluated by the Wyoming peace officer standards and training commission.

 

(e)� The director shall charge and collect a fee of at least fifteen dollars ($15.00) per student per day for advanced courses which exceed the basic statutory requirements. The director shall waive the fees for the division of criminal investigation and may waive the fees for offices, departments or agencies which allow their officers to instruct at the academy at no charge.

 

(f)� The director shall charge and collect a fee sufficient to cover actual direct and indirect costs of coroner basic courses. The fee shall be at least three hundred dollars ($300.00) per student attending the coroner basic courses.

 

(g)� The director may allow the use of academy facilities by governmental agencies other than law enforcement and shall charge a fee based on actual direct and indirect costs for that use.

 

(h)� No fees shall be charged for:

 

(i)� Peace officer basic courses;

 

(ii)� Detention officer basic courses;

 

(iii)� Repealed By Laws 1999, ch. 148, � 2.

 

(j)� To the extent space is available and under policies established by the director and approved by the attorney general, the academy may permit persons other than peace officers to attend training courses it offers and to charge a fee to recover, at a minimum, the cost of the training and all services provided in conjunction therewith. Prior to admittance a person shall meet all requirements of W.S. 9-1-704(b)(i) through (viii) providing for any background investigation and examinations at the cost of the applicant.

 

(k)� Repealed by Laws 2003, Ch. 120, � 3.

 

(m)� The director shall establish an outreach training services program whereby certain updates, specialized or advanced training courses may be provided locally.� The director may seek assistance from the appropriate entities in determining the amount and the specific courses to be offered under the program.� The director shall charge and collect a fee to cover the development, delivery and material costs of the training offered by the program.

 

(n)� Revenues received pursuant to subsections (e), (f), (g), (j) and (m) of this section and W.S. 9-1-635 shall be credited to an account in the enterprise fund and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services generating the revenues.

 

(o)� As used in this section "full-time staff instructor" means an instructor employed at the academy who works on a yearly basis, with a normal work week of thirty-two (32) or more hours.

 

9-1-634.� Academy to provide coroner training; certification of completion.

 

(a)� The director of the Wyoming law enforcement academy shall provide at the academy or other location within the state a basic coroner's course of at least forty (40) hours. The course shall comply with standards promulgated by the peace officers standards and training commission and the board of coroner standards.

 

(b)� The executive director of the peace officers standards and training commission shall issue an appropriate certificate of completion to any coroner or deputy coroner who completes a coroner training course offered by the academy or which the board of coroner standards has certified as meeting board standards.

 

9-1-635.� Dispatcher training course; certificate upon completion; fees.

 

(a)� The director of the Wyoming law enforcement academy or other training agency may provide at the academy or other location within the state a basic dispatcher course. The course shall comply with standards promulgated by the peace officers standards and training commission.

 

(b)� The director of the Wyoming law enforcement academy or other training agency shall issue an appropriate certificate of course completion to any dispatcher who completes the required training.

 

(c)� Fees charged for dispatcher courses held at the Wyoming law enforcement academy shall be the same as those charged for peace officer courses.

 

9-1-636.� Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions.

 

(a)� The division of victim services is created within the office of the attorney general.

 

(b)� With the approval of the governor, the attorney general shall appoint a director who is the chief administrative officer of the division. The director is responsible to the attorney general for the operation of the division and shall serve at the pleasure of the attorney general.

 

(c)� With the consent of the attorney general and the governor, and subject to legislative appropriation, the director may:

 

(i)� Appoint a deputy director who shall serve at the pleasure of the attorney general and shall perform duties as assigned by the director;

 

(ii)� Employ administrative and other specialized personnel necessary to carry out the functions of the division.

 

(d)� As used in this act:

 

(i)� "Board" means the victim services division advisory board;

 

(ii)� "Crisis intervention services for victims of family violence and sexual assault" means emergency intervention, information, referral services and medical, legal and social services advocacy;

 

(iii)� "Director" means the director of the division;

 

(iv)� "Division" means the victim services division within the office of the attorney general;

 

(v)� "Domestic abuse" means as defined by W.S. 35-21-102(a)(iii);

 

(vi)� "Household member" means as defined by W.S. 35-21-102(a)(iv);

 

(A)� Repealed By Laws 2003, Ch. 173, � 2.

 

(B)� Repealed By Laws 2003, Ch. 173, � 2.

 

(C)� Repealed By Laws 2003, Ch. 173, � 2.

 

(D)� Repealed By Laws 2003, Ch. 173, � 2.

 

(E)� Repealed By Laws 2003, Ch. 173, � 2.

 

(F)� Repealed By Laws 2003, Ch. 173, � 2.

 

(G)� Repealed By Laws 2003, Ch. 173, � 2.

 

(vii)� "Sexual assault" means any act made criminal under W.S. 6-2-302 through 6-2-304, 6-2-314 through 6-2-317 and 6-4-402;

 

(viii)� "Shelter services" means temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic and family violence and sexual assault and their children;

 

(ix)� "This act" means W.S. 9-1-636 through 9-1-638.

 

9-1-637.� Division of victim services; duties of director.

 

(a)� The director shall:

 

(i)� Supervise and direct all activities of the division;

 

(ii)� Report to the attorney general regarding all functions of the division;

 

(iii)� Serve as the state's representative on local, state and national organizations dealing with victim services;

 

(iv)� Serve as the state's liaison with local governmental entities and community service providers to facilitate cooperative efforts to provide victim services;

 

(v)� Consult and cooperate with other departments and agencies involved in victim services;

 

(vi)� Provide public information and education concerning issues relating to victims;

 

(vii)� Receive and take appropriate action to resolve complaints regarding violations of rights afforded to victims under the Victims Bill of Rights, W.S. 1-40-201 through 1-40-210.

 

9-1-638.� Division of victim services; duties and responsibilities.

 

(a)� The division of victim services shall:

 

(i)� Administer a comprehensive statewide plan that provides victim services including, but not limited to, a state program of shelter services for victims of domestic abuse and sexual assault;

 

(ii)� Provide services for victims of crime consistent with current federal funding levels and surcharge funds;

 

(iii)� Review and evaluate all programs receiving appropriated funds;

 

(iv)� Coordinate and provide training, grant application assistance and other support for community based programs and services for victims;

 

(v)� Establish minimum program standards and uniform reporting procedures for community based services and programs for victims supported by state funds and state administered federal funds, including a requirement that such community based services and providers submit an annual unduplicated count of the number of victims served in accordance with rules and regulations promulgated by the division;

 

(vi)� Enter into contracts for victim services with public or private agencies. The division shall not contract with any entity that is not in substantial compliance with the standards and guidelines promulgated by the division.� On all contracts that have not been entered into by competitive bidding, the director shall record on the contract why competitive bidding was not considered;

 

(vii)� Subject to the approval of the attorney general, promulgate rules and regulations necessary to implement the duties and responsibilities assigned to the division.

 

9-1-639.� Attorney general; funds accounting; reporting requirements.

 

(a)� There is created a separate account which the attorney general shall use to account for:

 

(i)� Monies the attorney general administers as trustee pursuant to law or agreement which restricts the use of the money to a specified purpose; and

 

(ii)� Monies which the attorney general holds and disburses as an agent or attorney in fact, which shall include but not be limited to class action litigation recoveries that are to be distributed to any person or business organization, local government pass-through monies, and contingent fee contracts to be distributed to contract attorneys.

 

(b)� All recoveries, including consumer protection recoveries and class action recoveries, where the attorney general is not designated as the administrator, the trustee or the agent for distribution purposes, shall be deposited into the general fund after deducting litigation costs reimbursed to the attorney general. For purposes of this subsection "litigation costs" shall include expert witness fees, filing fees, reporter costs, other witness fees and costs associated with depositions and discovery.

 

(c)� Monies deposited to the account under subsection (a) of this section may be expended in accordance with W.S. 9-2-1005(b)(ii).

 

(d)� Monies deposited into the account under subsection (a) of this section and not otherwise expended under subsection (c) of this section may be expended by the attorney general in accordance with the purposes for which the monies were received.� Monies received by the attorney general for reimbursement of litigation expenses under subsection (b) of this section are continuously appropriated to the attorney general to be expended for the costs of providing the litigation services rendered to collect the recovered monies.

 

(e)� Not later than November 1 of each year, the attorney general shall report to the joint appropriations interim committee on the expenditure of monies received pursuant to this section, W.S. 9-1-633, 9-1-635, 9-1-702 and 9-2-1005.� The report shall include an account of the monies in the accounts created in this section for the last fiscal year.

 

9-1-640.� Administrative subpoena authority for investigations of child exploitation.

 

(a)� In any investigation relating to a state offense involving sexual exploitation of children under W.S. 6-4-303, and upon reasonable cause to believe that an Internet service account has been used in the exploitation or attempted exploitation of children, the attorney general or his chief deputy may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (b) of this section.

 

(b)� Except as provided in subsection (c) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including:

 

(i)� Electronic mail address;

 

(ii)� Internet username;

 

(iii)� Internet protocol address;

 

(iv)� Name of account holder;

 

(v)� Billing and service address;

 

(vi)� Telephone number;

 

(vii)� Account status;

 

(viii)� Method of access to the Internet;

 

(ix)� Automatic number identification records if access is by modem.

 

(c)� The provider of electronic communication service or remote computing service shall not disclose the following except pursuant to a warrant:

 

(i)� In-transit electronic communications;

 

(ii)� Account memberships related to Internet groups, newsgroups, mailing lists or specific areas of interest;

 

(iii)� Account passwords;

 

(iv)� Account content to include:

 

(A)� Electronic mail in any form;

 

(B)� Address books or contact/"buddy" lists;

 

(C)� Financial records;

 

(D)� Internet proxy content or "Web surfing" history;

 

(E)� Files or other digital documents stored within the account or pursuant to use of the account.

 

(d)� At any time before the return date specified on the subpoena, the person summoned may, in the district court in which the person resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a court.

 

(e)� A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.

 

(f)� If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general shall either destroy the records and documentation or return them to the person who produced them.

 

(g)� A subpoena issued under this section may be served by any person who is at least eighteen (18) years of age and who is designated in the subpoena to serve it.� Service upon a natural person may be made by personal delivery of the subpoena to him.� Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under the common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process.� The affidavit of the person serving the subpoena together with a true copy thereof shall be proof of service.

 

(h)� The attorney general shall annually report the following information to the joint judiciary interim committee no later than February 1 for the preceding calendar year:

 

(i)� The number of requests for administrative subpoenas made under this section;

 

(ii)� The number of administrative subpoenas issued under this section;

 

(iii)� The number of administrative subpoenas issued under this section that were contested;

 

(iv)� The number of administrative subpoenas issued under this section that were suppressed;

 

(v)� The number of search warrants that were issued as a consequence of the issuance of an administrative subpoena under this section;

 

(vi)� The number of individuals who were prosecuted under W.S. 6-4-303 following the issuance of an administrative subpoena under this section.

 

(j)� Except as provided in subsection (h) of this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.

 

ARTICLE 7 - PEACE OFFICER STANDARDS AND TRAINING COMMISSION

 

9-1-701.� Definitions.

 

(a)� As used in this act:

 

(i)� "Commission" means the peace officer standards and training commission;

 

(ii)� "County" means any county which has a law enforcement unit in its jurisdiction;

 

(iii)� "Detention officer" means a person who is employed by a county or municipality on a full-time basis to care for, supervise and control persons detained in a jail or holding facility;

 

(iv)� "Director" means the executive director of the commission;

 

(v)� "Immediate family member" means a spouse, child or parent;

 

(vi)� "Law enforcement unit" means a public agency having police power and charged with enforcing state criminal statutes or municipal ordinances;

 

(vii)� "Municipality" means an incorporated city or town which has a law enforcement unit in its jurisdiction;

 

(viii)� "Part-time or reserve peace officer" means any person having peace officer authority acting less than full time in the service of any county, municipality or state agency, whether compensated or not;

 

(ix)� "Peace officer" means a person as defined by W.S. 7-2-101;

 

(x)� "Peace officer training" means an approved school or local peace officer training program authorized by the commission to train peace officers;

 

(xi)� "Permanent basis" means employed full time as a peace officer;

 

(xii)� "This act" means W.S. 9-1-701 through 9-1-709;

 

(xiii)� "Dispatcher" means a person who is employed by a state, county or municipal law enforcement agency, fire service or licensed ambulance service on a full or part-time basis, to answer and dispatch calls for emergency and nonemergency situations via designated law enforcement and emergency telecommunications equipment;

 

(xiv)� "Certified correctional officer" means a person who is employed by the Wyoming department of corrections on a full-time basis to care for, supervise, control and maintain custody of persons confined in Wyoming department of corrections institutions and who has completed all requirements for certification as a correctional officer under this act;

 

(xv)� "Correctional officer" means a person who is employed by the Wyoming department of corrections on a full-time basis to care for, supervise and maintain custody of persons confined in Wyoming department of corrections institutions;

 

(xvi)� "Correctional officer training" means an approved Wyoming department of corrections preservice academy or other correctional officer training program authorized by the commission to train correctional officers for the state;

 

(xvii)� "Part-time correctional officer" means a person is employed by the Wyoming department of corrections on a part-time basis to care for, supervise and maintain custody of persons confined in Wyoming department of corrections institutions.

 

9-1-702.� Created; membership; removal; compensation; meetings; publication of procedures; standards for certified training; powers and duties.

 

(a)� The peace officer standards and training commission is created. It shall be composed of the attorney general and the following six (6) members who shall be appointed by the governor for a term of three (3) years commencing July 1, 1991, who may be reappointed to subsequent terms and who may be removed by the governor as provided by W.S. 9-1-202:

 

(i)� One (1) representative of a municipal law enforcement agency;

 

(ii)� One (1) representative of a county law enforcement agency;

 

(iii)� One (1) representative of a state law enforcement agency;

 

(iv)� One (1) person who is actively engaged in law enforcement training; and

 

(v)� Two (2) persons at large.

 

(b)� Members of the commission shall receive no compensation, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for travel and per diem expenses incurred in the performance of their duties.

 

(c)� The commission shall hold at least two (2) meetings per year.

 

(d)� With the approval of the governor, the commission shall establish and publish its procedures.

 

(e)� The commission shall establish standards for certification of peace officer training. The commission shall establish:

 

(i)� Requirements concerning courses of study, attendance, equipment and facilities for peace officer training;

 

(ii)� Qualifications for peace officer training instructors;

 

(iii)� Basic training requirements for peace officers appointed on a permanent basis;

 

(iv)� Basic training requirements for part-time or reserve peace officers;

 

(v)� Basic training requirements for detention officers;

 

(vi)� Categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to the categories or classifications.

 

(f)� The commission shall:

 

(i)� Recommend to the director studies, surveys and reports regarding the purposes of this act;

 

(ii)� Visit and inspect any peace officer training program at any appropriate time;

 

(iii)� Adopt reasonable rules and regulations pursuant to the Wyoming Administrative Procedure Act;

 

(iv)� Prescribe reasonable minimum qualifications relating solely to physical, mental and moral fitness for persons recruited, appointed or retained as peace officers or dispatchers by the state or a political subdivision;

 

(v)� Grant, suspend or revoke certification of peace officers or dispatchers for substantial failure to comply with this act or the rules of the commission, subject to the contested case procedures of the Wyoming Administrative Procedure Act.

 

(g)� The commission shall establish course requirements and continuing education requirements for coroner training.

 

(h)� The commission shall establish course requirements and continuing education requirements for public safety dispatcher training.

 

(j)� The commission may establish examination and certification fees for administering its duties under this article in accordance with W.S. 33-1-201. Revenues received pursuant to this subsection shall be credited to a separate account and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services generating the revenues.

 

(k)� The commission shall adopt rules and regulations to:

 

(i)� Establish course requirements and continuing education requirements for correctional officer training; and

 

(ii)� Establish procedures and criteria for the issuance, denial, renewal, suspension and revocation of correctional officer certification.� Grounds for denial, suspension or revocation of certification shall include the substantial failure to comply with this act or the rules of the commission.� Proceedings regarding a denial, suspension or revocation of certification shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.

 

9-1-703.� Director; appointment; term; powers and duties.

 

(a)� The director of the commission shall be appointed by the commission with the approval of the governor. The director shall hold office at the pleasure of the commission and with the concurrence of the governor. He shall perform the functions and duties assigned to him by the chairman of the commission.

 

(b)� With the approval of the commission, the director may:

 

(i)� Appoint officers, employees, agents and consultants and prescribe their duties;

 

(ii)� Inspect and approve peace officer and correctional officer training academies, issue certificates of approval to academies and revoke approval or certificates;

 

(iii)� Certify as qualified instructors at approved peace officer and correctional officer training academies and issue appropriate certificates to instructors;

 

(iv)� Certify peace officers, correctional officers and dispatchers who have satisfactorily completed the basic training programs as outlined in this act and issue appropriate certificates to peace officers, correctional officers and dispatchers;

 

(v)� Cause surveys to be made relating to the establishment and operation of peace officer and correctional officer training academies;

 

(vi)� Consult and cooperate with peace officer and correctional officer training academies for the development of the basic and advanced training programs for peace officers;

 

(vii)� Consult and cooperate with universities, colleges, junior colleges and other institutions for the development of specialized courses of study in the state for peace officers in the areas of police science, police administration and the social sciences and other related areas;

 

(viii)� Consult and cooperate with other departments and agencies concerned with peace officer and correctional officer training;

 

(ix)� Report to the commission at regular meetings of the commission and at other times as required and recommend denial, suspension or revocation of certification of a peace officer, correctional officer or dispatcher to the commission as deemed necessary;

 

(x)� Consult and cooperate with universities, colleges, junior colleges and other institutions for the development of specialized courses of study in the state for correctional officers in the areas of inmate management, group dynamics, correctional facility operations, the social sciences and other related areas.

 

9-1-704.� Qualifications for employment as a peace officer; loss of certification for felony conviction; termination from employment.

 

(a)� Within fifteen (15) days after the appointment, termination, resignation or death of any peace officer or dispatcher, written notice thereof shall be given to the commission by the employing agency.

 

(b)� No county, sheriff, mayor, municipality, state agency or any other person authorized by law to appoint peace officers in this state shall appoint any person as a peace officer who does not meet the following qualifications. The person shall:

 

(i)� Be a United States citizen;

 

(ii)� Be an adult;

 

(iii)� Be fingerprinted. Local, state and national fingerprint files shall be searched to determine if the applicant has a criminal record;

 

(iv)� Not have been convicted of a crime for which he could have been imprisoned in a federal penitentiary or state prison;

 

(v)� Hold a high school diploma or evidence of an equivalent achievement;

 

(vi)� Have good moral character as determined by a background investigation. The hiring agency shall complete a background investigation as defined by the commission of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer;

 

(vii)� Be free of any physical, emotional or mental conditions which might adversely affect his performance of duty as a peace officer. Physical condition shall be evaluated by a person licensed to practice medicine. Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;

 

(viii)� Pass an oral interview examination by the hiring agency.

 

(c)� Notwithstanding any general, specific or local law or charter to the contrary, no person shall receive an original appointment on a permanent basis or hold an appointment on a permanent basis as a peace officer unless the person has been awarded a certificate by the director attesting to his satisfactory completion of an approved peace officer basic training program.

 

(d)� No person shall be appointed as a peace officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved peace officer's basic training program.

 

(e)� No person shall be appointed as a detention officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved detention officer basic training program.

 

(f)� Every person who is appointed as a� part-time or reserve peace officer shall forfeit his position unless within two (2) years from the date of his appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved peace officer basic training� program.

 

(g)� Notwithstanding subsections (c) through (e) of this section, the commission may waive the basic peace officer training program and certify those applicants who can pass a written examination provided by the commission and an oral interview attesting to the applicant's ability in law enforcement. The applicant shall prove that he satisfactorily completed a basic peace officer training program which in the commission's opinion is comparable to that required by this section before waiver is granted.

 

(h)� A person who is convicted of a felony after his appointment as a peace officer is ineligible for continued employment as a peace officer.� If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction.� The director shall notify the person and the person's employing agency upon revocation of certification under this subsection.

 

(j)� In the case of termination of a peace officer, the employing agency shall notify the commission and the officer, in writing, of the termination, setting forth in detail the facts and reasons for the termination.� If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify.� Any officer who has been terminated may present a written statement to the commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file.� A potential employer may contact the commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency.� Unless otherwise prohibited by law, the commission shall, upon request provide to the potential employer all pertinent information which is in its possession.

 

(k)� Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the court order and the employing agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the court order.� No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.

 

9-1-705.� Peace officer attending authorized school or training program entitled to wages and expenses.

 

Any peace officer attending any school or training program authorized by the commission for the purpose of meeting the requirements of W.S. 9-1-704 shall be paid his wages as a peace officer by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.

 

9-1-706.� Certification without compliance with requirements of W.S. 9-1-704; applicability of civil service provisions.

 

(a)� Any person who has been employed on a permanent basis as a peace officer for ten (10) consecutive years prior to July 1, 1973, and who is currently employed as a peace officer, shall be certified as a peace officer by the director without having complied with W.S. 9-1-704(b) and (c).

 

(b)� Repealed by Laws 1989, ch. 142, � 2.

 

(c)� Nothing in this act shall be construed to except any peace officer from the provisions or requirements of civil service.

 

(d)� An employing agency may establish qualifications and standards for hiring and training that exceed the minimum set by the commission.

 

9-1-707.� Commission may accept grants.

 

The commission may accept grants of money or materials or property of any kind from the federal government, the state, any agency or political subdivision of the state or any person upon the terms and conditions imposed by the grantor.

 

9-1-708.� Certificate required for permanent employment; temporary employment; waiver or modification of training requirements; wages during training; grandfather provisions.

 

(a)� Notwithstanding any general, specific or local law or charter to the contrary, except as provided in subsection (b) of this section, no person shall be employed as a dispatcher on a permanent or temporary basis unless the person has been awarded a certificate by the director of the peace officer standards and training commission attesting to his satisfactory completion of a commission approved dispatcher basic training program.� No county, sheriff, mayor, municipality, state agency or any other person authorized by law to employ dispatchers in this state shall employ any person as a dispatcher who does not meet the employment standards established by commission rule.

 

(b)� A person shall only be employed as a dispatcher on a permanent or temporary basis for two (2) years unless within two (2) years from the original date of employment he is awarded a certificate by the peace officer standards and training commission attesting that he satisfactorily completed a commission approved dispatcher basic training program. The commission may extend the two (2) year time requirement of this section upon the written application of the dispatcher and his employer. The application shall explain the circumstances which make the extension necessary. Factors which the commission may consider in granting or denying the extension include the illness of a dispatcher or a member of his immediate family or the absence of reasonable access to the basic course. The commission shall not grant an extension exceeding two hundred ten (210) days.

 

(c)� Notwithstanding subsections (a) and (b) of this section, the commission may waive the basic dispatcher training program and certify those applicants who pass a written examination provided by the commission and an oral interview attesting to the applicant's ability in law enforcement, fire and ambulance dispatching. The applicant shall prove that he satisfactorily completed a basic dispatcher training program which in the commission's opinion is comparable to that required by this section before waiver is granted.

 

(d)� Any dispatcher attending any school or training program authorized by the commission for the purpose of meeting the requirements of this section shall be paid his wages as a dispatcher by his employer. He shall also receive reimbursement for reasonable expenses as determined by his employer.

 

(e)� Any person who has been employed on a permanent basis as a dispatcher for three (3) consecutive years prior to July 1, 1991, or who has attended and successfully completed the peace officer's standards and training commission "communications personnel basic course" offered within the state of Wyoming, and who is currently employed as a dispatcher, shall be certified as a dispatcher by the director without having complied with subsection (b) or (c) of this section.

 

(f)� A person who is convicted of a felony after his employment as a dispatcher is ineligible for continued employment as a dispatcher.� If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction.� The director shall notify the person and the person's employing agency upon revocation of certification under this section.

 

(g)� Nothing in this section shall be construed to except any dispatcher from any civil service provision or requirement.

 

9-1-709.� Peace officers; retirement and disability credentials.

 

(a)� The director of the peace officer standards and training commission shall authorize the issuance of a retirement or disability identification card to a retired or disabled peace officer upon receipt of an application meeting the requirements of subsection (b) of this section and payment of the required fee.

 

(b)� The application for an identification card under this section shall be signed and verified by the applicant and shall include:

 

(i)� The applicant's name and any other identifying information the commission may require;

 

(ii)� Written verification from the employing agency, in a form satisfactory to the director, that the applicant prior to his retirement or disability was employed by a law enforcement unit in this state and was certified as a peace officer in good standing under this act;

 

(iii)� Proof in a form satisfactory to the director, that the applicant has qualified for retirement under a state or local government retirement system as a peace officer member or suffered injury in the line of duty as a peace officer in this state which resulted in total or partial disability. For purposes of this section total or partial disability shall be determined by provisions of the retirement system of which the applicant was a member at the time of his injury, but the applicant need not qualify for disability benefits under the system in order to meet the requirements of this section.

 

(c)� At the request of the director of the peace officer standards and training commission, the department of transportation shall prepare and issue an identification card under this section which shall contain:

 

(i)� A distinguishing number assigned to the applicant;

 

(ii)� The applicant's full legal name and resident address;

 

(iii)� A brief description of the applicant including sex, height and weight;

 

(iv)� The applicant's picture;

 

(v)� Information identifying the applicant as a retired or disabled peace officer of the state of Wyoming including the name of the law enforcement unit employing the applicant and the highest rank held by the applicant;

 

(vi)� The certification level held by the applicant under the peace officers standards and training commission.

 

(d)� Identification cards issued under this section shall not expire. The commission shall keep records of data contained in identification cards and may confirm the authenticity of the card to any person.

 

(e)� Upon submission by the applicant of a verified statement to the peace officers standards and training commission that an identification card issued under this section has been lost, destroyed or mutilated, the person to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence required for issuance of an original identification card and paying the fee required by subsection (f) of this section.

 

(f)� Each applicant for an identification card under this section shall pay to the commission a fee of ten dollars ($10.00) which shall be credited to the highway fund.

 

(g)� No person shall:

 

(i)� Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card issued under this section;

 

(ii)� Lend his identification card to any other person or knowingly permit its use by another;

 

(iii)� Display or represent any identification card not issued to him as being his card;

 

(iv)� Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card issued under this section;

 

(v)� Procure an identification card under this section by false swearing, fraud or false statement of any kind or in any form.

 

(h)� Any person who violates any provision of subsection (g) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.

 

9-1-710.� Qualifications for employment as a correctional officer; termination of employment; certification without compliance with the requirements of this section.

 

(a)� Within fifteen (15) days after the appointment, termination, resignation or death of any correctional officer or certified correctional officer, written notice thereof shall be given to the commission by the employing agency.

 

(b)� A state agency or any other person authorized by law to appoint correctional officers in this state shall not appoint any person as a correctional officer on or after July 1, 2005, who does not meet the following qualifications.� The person shall:

 

(i)� Be a United States citizen;

 

(ii)� Be an adult;

 

(iii)� Submit to fingerprinting and a search of local, state and national fingerprint files to determine whether the applicant has a criminal record, with a copy of the responses sent to the commission;

 

(iv)� Not have been convicted of any crime for which the applicant could have been punished by imprisonment in a federal or a state penitentiary, unless his conviction is reversed or annulled or he receives a pardon;

 

(v)� Hold a high school diploma or equivalent achievement, with proof forwarded to the commission;

 

(vi)� Be of good moral character as determined by a background investigation.� The hiring agency shall complete a background investigation as defined by the commission of any new applicant for employment as a correctional officer before the applicant may be employed or begin training as a correctional officer;

 

(vii)� Be free of any physical, emotional or mental conditions which might adversely affect the applicant's performance as a correctional officer.� Physical condition shall be evaluated by a person licensed to practice medicine and by application of a standardized physical fitness performance test as specified by the hiring agency.� Emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist;

 

(viii)� Successfully pass an oral interview examination and other preemployment examinations specified by the hiring agency.

 

(c)� A person shall not receive an original appointment as a certified correctional officer or hold an appointment on a permanent basis as a certified correctional officer unless the person has been awarded a certificate by the director attesting to his satisfactory completion of an approved correctional officer basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.

 

(d)� A person shall not be appointed as a correctional officer on a permanent basis on or after July 1, 2006 unless within one (1) year from the date of his original appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved correctional officer's basic training program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.� The commission may extend the one (1) year time requirement of this section upon the written application of the correctional officer and his employer.� The application shall explain the circumstances which make the extension necessary.� Factors which the commission may consider in granting or denying the extension include the illness of a correctional officer or a member of his immediate family or the absence of reasonable access to the basic course.� The commission shall not grant an extension exceeding one hundred eighty (180) days.

 

(e)� Every person who is appointed as a part-time correctional officer on or after July 1, 2005, shall forfeit his position unless within two (2) years from the date of his appointment he is awarded a certificate by the director attesting that he satisfactorily completed a commission approved correctional officer basic training� program and has demonstrated the core competencies of a correctional officer as defined by the employing agency in cooperation with the commission.

 

(f)� Notwithstanding subsections (b) through (e) of this section, the commission may, upon the recommendation of the employing agency, waive the basic correctional officer training program and certify those applicants who can pass a written examination provided by the commission and an oral interview attesting to the applicant's ability and core competencies in corrections.� The applicant shall prove that he satisfactorily completed a basic correctional officer training program which in the commission's opinion is comparable to that required by this section before waiver is granted.

 

(g)� Any correctional officer attending any school or training program authorized by the commission for the purpose of meeting the requirements of this section shall be paid his wages as a correctional officer by his employer.� He shall also receive reimbursement for reasonable expenses as determined by his employer.

 

(h)� A person who is convicted of a felony after his appointment as a correctional officer is ineligible for continued employment as a correctional officer.� If the person has been certified under this section, his certification shall be automatically revoked on the date of his conviction.� The director shall notify the person and the person's employing agency upon revocation of certification under this subsection as defined by the commission.

 

(j)� In the case of termination of a certified correctional officer, the employing agency shall notify the commission and the officer, in writing, of the termination, setting forth in detail the facts and reasons for the termination.� If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify.� Any officer who has been terminated may present a written statement to the commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file.� A potential employer may contact the commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency.� Unless otherwise prohibited by law, the commission shall, upon request, provide to the potential employer all pertinent information which is in its possession.

 

(k)� Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the court order and the employing agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the court order.� No appeal under the Wyoming Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.

 

(m)� Any person who has been employed on a permanent basis as a correctional officer for five (5) consecutive years, and who is employed as a correctional officer by the Wyoming department of corrections on July 6, 2006, shall be certified as a certified correctional officer by the director without having complied with subsections (b) through (e) of this section.

 

(n)� The Wyoming department of corrections may establish qualifications and standards for hiring and training that exceed the minimum set by the commission.

 

9-1-711.� Certification and hiring of currently certified peace officers, detention officers and dispatchers.

 

(a)� A law enforcement unit may, following verification from the commission that a person is currently certified by the commission as a peace officer, detention officer or dispatcher, appoint that person to a respectively certified position without further investigation or examination.

 

(b)� The commission shall provide in its rules for the certification to a prospective hiring law enforcement unit that a person is currently certified by the commission as a peace officer, detention officer or dispatcher.

 

(c)� It is the sole responsibility of the prospective hiring law enforcement unit to verify that the person is employed in good standing by another law enforcement unit in this state.

 

ARTICLE 8 - DISTRICT ATTORNEYS

 

9-1-801.� Office created; mandatory and permissive establishment.

 

There shall be in each judicial district in which any one (1) county has reached a population of sixty thousand (60,000) or more the office of district attorney. In each of the remaining judicial districts there shall be the office of district attorney whenever a majority of the county commissioners in each county within the judicial district shall resolve that such an office of district attorney should be created in that judicial district.

 

9-1-802.� Election; term; qualifications; full-time; private practice prohibited; exception; salary; vacancies.

 

(a)� At the general election in 1982 and every four (4) years thereafter, a district attorney shall be elected in each judicial district in which the office of district attorney has been created six (6) months or more prior to the date of the general election. The district attorney shall serve for a term of four (4) years and until his successor is elected and qualified.

 

(b)� Each district attorney shall have been a licensed attorney for at least four (4) years and a member in good standing of the Wyoming state bar immediately prior to his election.

 

(c)� Each district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his election if not in conflict with the duties of his office.

 

(d)� Until January 3, 2011, each district attorney shall receive an annual salary of ninety-four thousand five hundred dollars ($94,500.00).� From and after January 3, 2011, each district attorney shall receive an annual salary of one hundred thousand dollars ($100,000.00).

 

(e)� A vacancy in the office of district attorney shall be filled by the board or boards of county commissioners under the procedure for filling vacancies in the office of a member of the state legislature or state senator established by W.S. 22-18-111. Vacancies shall be filled until the next general election and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.

 

9-1-803.� Salaries and expenses paid by legislative appropriation.

 

The salaries of the district attorney, any deputies or assistants and clerical staff and the administrative expenses of the office of district attorney shall be paid pursuant to legislative appropriation.

 

9-1-804.� Duties and powers generally; employment of deputy and assistant district attorneys and other necessary personnel.

 

(a)� In addition to other duties prescribed by law, each district attorney has exclusive jurisdiction to:

 

(i)� Act as prosecutor for the state in all felony, misdemeanor and juvenile court proceedings arising in the counties in his district, and prosecute such cases in the district courts and courts of limited jurisdiction or in other counties upon a change of venue;

 

(ii)� Defend against all petitions for writs of habeas corpus filed in his district by any person charged with or convicted of any public offense in his district. This duty does not extend to petitions filed by inmates of state penal institutions;

 

(iii)� Render assistance as required by the attorney general in the preparation and argument of criminal appeals arising in his district and in the defense of petitions for habeas corpus filed by inmates in state institutions arising from alleged deprivation of rights at the time of or prior to conviction;

 

(iv)� Appear before any judge in the preliminary examination of persons charged with any offense in his district;

 

(v)� Appear at all inquests held by any coroner in his district;

 

(vi)� Appear at all sessions of any grand jury convened in any county within his district.

 

(b)� Each district attorney shall employ and assign to each county in the judicial district at least one (1) of the following to serve at his pleasure: a deputy district attorney, an assistant district attorney or a part-time assistant district attorney. The deputy, assistant or part-time assistant district attorney assigned to a county shall reside in the county and be a resident of Wyoming and his primary responsibility shall be to matters arising in the county.

 

(c)� Subject to the rules of the Wyoming personnel division as to compensation, and as is authorized by the approved budget, each district attorney may employ administrative and clerical personnel necessary for the proper and efficient operation of his office.� Such personnel shall serve at the pleasure of the district attorney.

 

9-1-805.� Substitute where conflict of interest or refusal to act.

 

When the district attorney is interested or refuses to act in a prosecution, the court may direct or permit any member of the bar to act in the district attorney's place.

 

9-1-806.� Deputy district attorneys; appointment; term; qualifications; full-time; private practice prohibited; exception; salary.

 

(a)� As is authorized by the approved budget, each district attorney may employ deputy district attorneys to serve at his pleasure as needed to properly discharge the duties of his office in addition to deputy district attorneys assigned to counties. Each deputy district attorney shall have been a licensed attorney for at least one (1) year and a member in good standing of the Wyoming state bar immediately prior to his employment as deputy district attorney.

 

(b)� Each deputy district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his appointment if not in conflict with the duties of his office.

 

(c)� Deputy district attorneys shall receive an annual salary as determined by the Wyoming personnel division.

 

9-1-807.� Assistant district attorneys; appointment; term; qualifications; full-time; private practice prohibited; exception; salary; part-time; qualifications and salary thereof.

 

(a)� As is authorized by the approved budget, each district attorney may employ assistant district attorneys to serve at his pleasure as needed to properly discharge the duties of his office in addition to assistant district attorneys assigned to counties. Each assistant district attorney shall be a member in good standing of the Wyoming state bar and shall act under the direction of the district attorney and his deputies.

 

(b)� Each full-time assistant district attorney shall devote full time to the performance of his duties and shall not engage in any private practice except to complete business pending at the time of his appointment if not in conflict with the duties of his office.

 

(c)� Full-time assistant district attorneys shall receive an annual salary as determined by the Wyoming personnel division.

 

(d)� Assistant district attorneys who serve in less than a full-time capacity shall be members in good standing of the Wyoming bar and shall act under the direction of the district attorney and his deputies. Part-time assistant district attorneys shall be compensated for services performed in an amount proportionate to the salary allowed for full-time services.

 

9-1-808.� Deputy and assistant district attorneys; powers and duties.

 

Each deputy and assistant district attorney, under the direction and control of the district attorney, has the same powers and duties as the district attorney by whom he was appointed, except that all acts shall be done in the name of the district attorney.

 

9-1-809.� Per diem and travel expenses.

 

Each district attorney, deputy district attorney, assistant district attorney or member of a district attorney's staff while traveling on official business shall receive per diem and travel expenses as provided by law for state employees.

 

9-1-810.� Assistance of county attorneys in criminal matters.

 

Each district attorney may request the assistance of the county attorneys in his district in the preparation, prosecution and argument of criminal matters arising in any county within his district and each county attorney shall render aid and assistance as requested by the district attorney.

 

9-1-811.� Provision of office space.

 

Each board of county commissioners shall provide suitable office space for the use of the district attorney to properly conduct the business of his office.

 

ARTICLE 9 - STATE ENGINEER

 

9-1-901.� Qualifications.

 

The state engineer shall have theoretical knowledge and practical and managerial skill and experience which fits him for the position and shall have at least two (2) years of engineering practice and experience in the state and shall be a registered professional engineer.

 

9-1-902.� Duties and powers; representation of state at proceedings relating to water or water use.

 

(a)� The state engineer shall:

 

(i)� Measure and calculate the discharge of streams, from which water is taken for beneficial purposes, commencing work upon those streams most used for irrigation or other beneficial purposes;

 

(ii)� Collect facts and make surveys to determine the most suitable location for constructing works for utilizing the water of the state and to ascertain the location of the lands best suited for irrigation;

 

(iii)� Examine reservoir sites;

 

(iv)� Include in his reports all the facts ascertained by the surveys and examinations, including, wherever practicable, estimates of the cost of proposed irrigation works and of the improvement of reservoir sites;

 

(v)� Know the waterways of the state, and the needs of the state as to irrigation matters;

 

(vi)� Suggest to the governor the amendment or enactment of laws to benefit the state; and

 

(vii)� Keep in his office complete records of his work, observations and calculations, all of which shall be the property of the state.

 

(b)� The state engineer may appear and represent the state of Wyoming in any proceeding or hearing concerning or relating to water or its use, including congressional hearings and hearings before any department, bureau or agency of the United States or of any state.

 

9-1-903.� Repealed by Laws 1989, ch. 94, � 2.

 

 

9-1-904.� Collection of fees.

 

(a)� The state engineer shall specify by rule and regulation and receive the following nonrefundable fees which shall be collected in advance:

 

(i)� For recording any water right instrument or certificate not otherwise specifically provided for, a reasonable fee not to exceed ten dollars ($10.00) per page;

 

(ii)� For making copies of any document recorded or filed in the state engineer's office, a reasonable fee shall be assessed not to exceed ten dollars ($10.00) per page;

 

(iii)� A reasonable fee not to exceed the amount shown shall accompany applications for appropriations for the direct use of the natural unstored flow of water from any surface water source except groundwater as follows:

 

(A)� If water is to be used only for stock or domestic purposes - fifty dollars ($50.00);

 

(B)� Water used for all other purposes - one hundred dollars ($100.00).

 

(iv)� A reasonable fee not to exceed the amount specified shall accompany applications for the storage of water as follows:

 

(A)� For reservoirs twenty (20) acre-feet or less - fifty dollars ($50.00) each;

 

(B)� For reservoirs greater than twenty (20) acre-feet but less than one hundred (100) acre-feet - one hundred dollars ($100.00) each;

 

(C)� For all other reservoirs - two hundred fifty dollars ($250.00) each;

 

(D)� Secondary supply applications - one hundred dollars ($100.00) each;

 

(E)� Reservoir supply ditch applications - one hundred dollars ($100.00) each.

 

(v)� A reasonable fee not to exceed the amount specified shall accompany groundwater applications:

 

(A)� Domestic or stock wells, twenty-five gallons per minute (25 g.p.m.) or less, - fifty dollars (50.00);

 

(B)� Monitor wells - no fee required;

 

(C)� Repealed by Laws 1993, ch. 146, � 4.

 

(D)� All other wells or groundwater developments - one hundred dollars ($100.00).

 

(vi)� A reasonable fee not to exceed the amounts shown shall accompany all safety of dams plan reviews required or submitted in accordance with W.S. 41-3-308 as follows:

 

(A)� For dams more than twenty (20) feet but less than forty (40) feet in height or with a capacity of fifty (50) acre-feet or more but less than one hundred (100) acre-feet - one hundred dollars ($100.00) each;

 

(B)� For dams forty (40) feet in height or more or with a capacity of one hundred (100) acre-feet or more - two hundred fifty dollars ($250.00) each.

 

(vii)� Reasonable fees for computer and other technical services related to providing water resources information.

 

(b)� The state engineer shall specify by rule and regulation an amount not to exceed twenty-five dollars ($25.00) of the fees collected for each application for a permit under subparagraphs (a)(v)(A) and (D) of this section to be deposited into the account created under W.S. 33-42-116 for wells which require the use of a licensed well driller pursuant to W.S. 33-42-103.

 

9-1-905.� Weather modification; legislative declarations.

 

(a)� It is hereby declared that:

 

(i)� The state of Wyoming claims its sovereign right to the use for its residents and best interests of the moisture contained in the clouds and atmosphere within its sovereign state boundaries;

 

(ii)� Although little is known regarding artificial weather modification, research and experimentation shall be encouraged;

 

(iii)� Although the ultimate use of modification methods is speculative, the application of such methods should have proper safeguards and provide sufficient data to protect life, property and public interest.

 

9-1-906.� Weather modification defined; duty of state engineer to gather information relative to experiments in state.

 

The state engineer shall procure, compile and evaluate information relative to weather modification experiments and activities within the state boundaries. The term "weather modification" means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.

 

9-1-907.� Weather modification; permit required; issuance; duration; fee; report of activities; penalties for noncompliance.

 

(a)� It is unlawful for anyone to engage in weather modification activities except by permit prescribed and issued by the state engineer.

 

(b)� A separate permit shall be issued for each experiment or activity. Permits are revocable by the state engineer. Permits are to be issued for one (1) year from October 1 of one year to September 30 of the following year. A fee not to exceed one hundred dollars ($100.00) shall be charged for each permit issued or renewed. Fees received by the state engineer shall be deposited with the state treasurer to be placed into the general fund. A permit shall be issued only to a person who can demonstrate to the state engineer's satisfaction that he has adequate qualifications in the atmospheric sciences. The state engineer shall promulgate rules and regulations necessary to implement this act.

 

(c)� The state engineer shall demand and receive a written report, in such manner as he shall provide, covering each separate experiment or activity for which a permit is issued.

 

(d)� Any person engaging in a weather modification experiment without a permit is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment for not more than ninety (90) days.

 

9-1-908.� Weather modification; authority to receive and expend funds; purposes.

 

The state engineer is authorized to receive in the name of the state any funds offered or available from any source, and to expend such funds for the expenses of administering this act and for the encouragement of experimentation in weather modification by the University of Wyoming or any other appropriate state or public agency, either by direct grant, by contract or other cooperative means.

 

9-1-909.� Weather modification; state not liable for activities of private persons or groups.

 

Nothing in W.S. 9-1-905 through 9-1-909 shall be construed to impose or accept any liability or responsibility on the part of the state, the board, or any state officials or employees, for any weather modification activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties or liabilities between any private persons or groups.

 

CHAPTER 2 - AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS GENERALLY

 

ARTICLE 1 - DEPARTMENT OF HEALTH

 

9-2-101.� Creation; definitions; divisions.

 

(a)� The department of health is created.

 

(b)� As used in W.S. 9-2-101 through 9-2-108:

 

(i)� "Department" means the department of health;

 

(ii)� "Director" means the director of the department.

 

(c)� The department is the successor to the board and department of health.

 

(d)� Repealed by Laws 1991, ch. 221, �� 3.

 

(e)� The department consists of the director who is the chief administrative officer and such divisions as the director may create.

 

(f)� The director shall appoint and prescribe the duties of officers of the institutions in title 25 under the direct authority and control of the department.

 

9-2-102.� Department of health; duties and responsibilities; state grants.

 

(a)� The department of health is the state mental health authority, the developmental disabilities authority and the substance abuse authority. The department through its divisions has the following duties and responsibilities to:

 

(i)� Administer comprehensive state programs for mental health, developmental disabilities and substance abuse services;

 

(ii)� Provide a coordinated network of programs and facilities offering the following services to persons afflicted with mental illness or developmental disabilities or for substance abuse: diagnosis, treatment, education, care, training, community living, habilitation and rehabilitation;

 

(iii)� Establish minimum standards and approve policies and procedures for the establishment and operation of community-based mental health, substance abuse and developmental disabilities programs receiving state support.� The department through its mental health division and its substance abuse division shall annually withhold not less than five percent (5%) of all amounts provided in each contract with a community-based mental health, substance abuse or drug court program or provider and shall not release the funds withheld to the individual program or provider until the respective division and the individual program or provider enter into a written agreement that provides for performance and outcome measures.� If the respective division and an individual program or provider do not enter into a mutually agreed upon set of performance and outcome measures, the funds withheld under this paragraph shall revert to the budget reserve account at the end of the biennium in which the funds were withheld;

 

(iv)� Establish minimum standards for all mental health, substance abuse and developmental disabilities services supported by state funds;

 

(v)� Establish a statewide suicide prevention program that includes:

 

(A)� A statewide written plan adopted by the department following at least one (1) statewide public meeting of interested persons and entities;

 

(B)� Assistance to local communities in the development and maintenance of suicide prevention coalitions;

 

(C)� Consultation, technical assistance and training to state and local agencies, organizations and professional groups;

 

(D)� Maintenance of a library of suicide prevention materials and information which shall include copies of or links to Cochrane collaboration systematic reviews or other similar sources relevant to this subject;

 

(E)� Collection and dissemination of information regarding best practices for suicide prevention and intervention.

 

(b)� Repealed By Laws 1998, ch. 81, � 3.

 

(c)� The program may include state grants based on a formula for state and local participation.

 

(d)� Repealed By Laws 1998, ch. 81, � 3.

 

(e)� Repealed by Laws 1984, ch. 31, � 2.

 

(f)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

(g)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

(h)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

(j)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

(k)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

(m)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

(n)� Repealed by Laws 1991, ch. 161, � 4; ch. 221, � 3.

 

9-2-103.� Division administrators; appointment; qualifications; duties; salaries, tenure and removal generally; necessary personnel.

 

(a)� The director shall appoint a separate administrator for the divisions of the department of health and he may discharge the administrators as provided in W.S. 9-2-1706(c)(ii). Appointments under this subsection shall be subject to the following:

 

(i)� The administrator for a division dealing primarily with public health shall:

 

(A)� Have theoretical knowledge and practical and managerial skill and experience which fits him for the position, as determined by the director; and

 

(B)� Repealed By Laws 1998, ch. 20, � 2.

 

(C)� Administer a program for the supervision of volunteer physicians who provide medical care, assistance or medical administrative services without charge for the medical services rendered in an eligible program in compliance with rules and regulations promulgated by the department. To qualify as an eligible program, the medical services shall be provided in any hospital, clinic, health care facility or institution owned or operated by the state, University of Wyoming or any local government. A disclosure statement shall be signed in advance by the recipients informing them of the physician's limited liability under the program.

 

(ii)� The administrator for a division dealing primarily with developmental disabilities shall annually on October 1 provide reports by program to the legislature, which reports shall include but not be limited to trend data by fiscal year for:

 

(A)� The number of ongoing and emergency clients served or put on a waiting list for service;

 

(B)� Amounts expended, both total and per client average, for ongoing and emergency client service;

 

(C)� The source of funds for services to newly served clients, whether from excess funding for existing clients, funds appropriated for the waiting list, funds appropriated for emergencies or funds from another source;

 

(D)� The number of clients projected to become eligible for services in the subsequent year who are not already on a waiting list for service;

 

(E)� The number of clients who are expected to transition from one (1) category of service eligibility to another category and their total projected costs based upon the aggregate of each client's individual budgeted amount;

 

(F)� The number of clients who are expected to transition from school district services to department of health services at age twenty-one (21) and their total projected costs based upon the aggregate of each client's individual budgeted amount;

 

(G)� Specific information on funds transferred between programs within developmental disabilities and between programs within developmental disabilities and other programs within the department of health.

 

(b)� Repealed by Laws 1987, ch. 185, � 2.

 

(c)� Repealed by Laws 1991, ch. 221, � 3.

 

(d)� Where the director meets the qualifications specified in subsections (a) and (e) of this section and so chooses, the director may serve as the state health officer.

 

(e)� The director shall appoint a state health officer who shall be licensed in Wyoming as a physician and who shall carry out the statutory duties and any other duties assigned to him by the director. The state health officer shall:

 

(i)� Answer directly to the director;

 

(ii)� Not be assigned to any division within the department;

 

(iii)� Have support staff to carry out the duties assigned to him.

 

9-2-104.� Allocation, transfer and abolition of powers, duties and functions within department.

 

(a)� The governor may, after consultation with the director of the department and the departmental advisory council:

 

(i)� Repealed by Laws 1991, ch. 221, � 3.

 

(ii)� Designate the department as the single state agency for the administration of state plans for health and medical services, mental health and developmental disabilities, to administer upon such terms as the governor directs.

 

9-2-105.� Office of planning and administration; created; duties and powers of administrator.

 

(a)� The office of planning and administration is created and shall be under the authority of the director.

 

(b)� The administrator of the office of planning and administration shall:

 

(i)� Coordinate all program administration, including all budget requests, grant applications and plans;

 

(ii)� Advise, consult and cooperate with all departmental agencies, all other state departments, agencies, subdivisions and the federal government;

 

(iii)� Require that all administrators within the department cooperate with the office and report to the office on all matters pertaining to program planning, budgeting and administration; and

 

(iv)� Perform planning as determined by the director.

 

9-2-106.� Duties and powers of director of department.

 

(a)� The director shall:

 

(i)� Consult with the departmental advisory council and establish general policy to be followed in the department in administering programs;

 

(ii)� Disburse and administer all federal funds or other monies allotted to the department;

 

(iii)� Prescribe by rule, order or regulation the conditions under which these monies shall be disbursed and administered;

 

(iv)� Enter into agreements, not inconsistent with the laws of this state, required as conditions precedent to receiving funds or other assistance. Funds appropriated by the legislature for operation of the department shall be used for the specified purposes only, and the director, in accepting funds from any other source, shall not consent to impairment of the department's statutory responsibilities;

 

(v)� Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Wyoming Administrative Procedure Act in all matters relating to the exercise and performance of the powers and duties vested in the department;

 

(vi)� With the assistance of the attorney general bring actions in the courts of the state in the name of the department for the enforcement of public health, mental health and medical services laws; and

 

(vii)� Ensure that the department and all of its divisions promulgate reasonable rules and regulations, after consultation with the departmental advisory council and in compliance with the Wyoming Administrative Procedure Act, for the implementation of all state and federal public health, mental health and medical services laws. When promulgating such rules and regulations the director shall assure that the department uses language which focuses on the importance of a person, rather than a person's disability.

 

(b)� Notwithstanding paragraph (a)(iv) of this section, the director may use funds appropriated by the legislature for the operation of the department to pay health or medical insurance premiums for any resident of Wyoming upon a determination by the director or his designee that:

 

(i)� Due to an injury or illness, the person or his family is or may become unable to pay health or medical insurance premiums;

 

(ii)� The person is or may become eligible for medical services which would be paid for by the state; and

 

(iii)� Payment of the premiums may be less expensive for the state than payment of the medical services.

 

(c)� Health or medical insurance premiums paid for in accordance with subsection (b) of this section shall be reviewed periodically to ensure payment of the premiums does not exceed the cost for provision of medical services. The authority granted under subsection (b) of this section shall terminate effective June 30, 1996.

 

(d)� The director may authorize the Wyoming life resource center, the Wyoming state hospital, the Wyoming pioneer home, the veterans' home of Wyoming and the Wyoming retirement center to provide services to persons with conditions other than those specified in the provisions governing those state institutions in title 25 of the Wyoming statutes when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services shall be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the public health and safety. The director shall promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute.

 

9-2-107.� Division advisory councils; appointment; departmental advisory council; created; term; composition; meetings; removal of members; selection of officers; vacancies; expenses.

 

(a)� The director may appoint an advisory council, each of which shall consist of not more than ten (10) members unless otherwise required by law or good practice, to each of the divisions of the department.

 

(i)� Repealed by Laws 1990, ch. 63, � 3; 1991, ch. 221, � 3.

 

(ii)� Repealed by Laws 1991, ch. 221, � 3.

 

(iii)� Repealed by Laws 1991, ch. 221, � 3.

 

(iv)� Repealed by Laws 1991, ch. 221, � 3.

 

(b)� There is created within the department an advisory council of not more than eleven (11) members appointed by the governor. Each member shall serve a two (2) year term. The council shall be composed of:

 

(i)� One (1) member of the senate appointed by the president of the senate;

 

(ii)� One (1) member of the house of representatives appointed by the speaker of the house of representatives;

 

(iii)� Repealed by Laws 1991, ch. 221, � 3.

 

(iv)� One (1) member recommended by each of the divisional councils within the department;

 

(v)� Repealed by Laws 1991, ch. 221, � 3.

 

(vi)� Up to four (4) members at large.

 

(c)� Repealed by Laws 1991, ch. 221, � 3.

 

(d)� The departmental advisory council shall meet at least two (2) times each year.

 

(e)� The governor may remove any member of the departmental advisory council as provided in W.S. 9-1-202.

 

(f) �At the first meeting of the departmental advisory council, and annually thereafter when new appointments are made, a chairman, vice-chairman and secretary shall be selected from among the membership by vote of the council members.

 

(g)� Any vacancy caused by the death, removal, resignation or disqualification of any appointed member of the departmental advisory council shall be filled by the governor appointing a successor.

 

(h)� Members of the departmental advisory council shall not receive compensation for their services, but when actually engaged in the performance of their duties, they shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state.

 

9-2-108.� Director of department; appointment; removal; duties.

 

(a)� With the advice and consent of the senate the governor shall appoint a director for the department who shall serve under the direction of the governor and who may be removed by the governor as provided in W.S. 9-1-202.

 

(b)� The director shall:

 

(i)� Manage and supervise the department;

 

(ii)� Repealed By Laws 1999, ch. 149, � 1.

 

(c)� Appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

9-2-109.� Vocational rehabilitation; definitions.

 

(a)� As used in W.S. 9-2-109 through 9-2-115:

 

(i)� "Division" means the staff within the department of workforce services who administer vocational rehabilitation programs and provide vocational rehabilitation services;

 

(ii)� "Eligible" means a certification that:

 

(A)� The individual has a physical or mental impairment which constitutes or results in a substantial impediment to employment of the individual;

 

(B)� Vocational rehabilitation services may reasonably be expected to benefit the individual in terms of an employment outcome; and

 

(C)� The individual requires vocational rehabilitation services to prepare for, secure, retain or regain employment.

 

(iii)� "Individual with a significant disability" means an individual:

 

(A)� Who has a severe physical or mental disability which seriously limits one (1) or more functional capacities in terms of an employment outcome;

 

(B)� Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

 

(C)� Who has one (1) or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, end stage renal disease or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

 

(iv)� "This act" means W.S. 9-2-109 through 9-2-115.

 

9-2-110.� Division of vocational rehabilitation; administrative duties.

 

(a)� This act shall be administered by the division. In administering this act, the division shall:

 

(i)� Make regulations necessary to implement this act;

 

(ii)� Certify for disbursement funds available for the purposes of this act.

 

9-2-111.� Division of vocational rehabilitation; provision of authorized services; related powers.

 

(a)� Except as otherwise provided by law, the division shall provide the services authorized by this act to eligible individuals with disabilities. The division may:

 

(i)� Cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this act to individuals with disabilities;

 

(ii)� Enter into reciprocal agreements with other states to provide for the services authorized by this act to residents of the contracting states;

 

(iii)� Establish and operate rehabilitation facilities and workshops and make grants to public and nonprofit organizations for those purposes;

 

(iv)� Supervise the operation of small businesses established pursuant to this act to be conducted by eligible individuals with disabilities;

 

(v)� Provide training and instruction, including establishing and maintaining research fellowships and traineeships with stipends and allowances, in matters relating to vocational rehabilitation;

 

(vi)� Establish new vending machine sites on any state owned public property, except as provided in subsection (b) of this section, in cooperation with the administrator or governing body in charge of the public property;

 

(vii)� Bid out all vending machine sites located on any state owned public property, except as provided in subsection (b) of this section.� Vending machines currently located on public property and under a written contract with a specific renewal or termination date will not be affected by this section until the renewal or termination date;

 

(viii) �Enter into contracts with vendors for the installation and operation of vending machine sites on any state owned public property, except as provided in subsection (b) of this section.� These contracts shall include a provision for the payment of commissions to the division based on gross revenues from the vending machines.� These commissions shall be placed in an account which shall be used for the establishment and administration of small businesses created under this act. The division may assign a portion of the commissions to operators of small businesses created under this act for the maintenance of their income;

 

(ix)� Promulgate rules and regulations to provide:

 

(A)� Definitions to include the terms "contract bid preference," "small businesses," "public property" and "vending machine sites";

 

(B)� Methods for determining the contract bid preference eligibility under W.S. 9-2-115;

 

(C)� Methods of recovering the cost of establishing small businesses and maintaining equipment;

 

(D)� Methods for determining the portion of commissions to be assigned to small business operators for the maintenance of their income.

 

(x)� Encourage the establishment of vending machine sites and small businesses on privately owned or controlled property.

 

(b)� The provisions of this act shall not apply to state owned public property included in W.S. 36-8-1001 through 36-8-1002 or state owned public property used to conduct the state fair or the Wyoming pioneer memorial museum under W.S. 11-10-101 through 11-10-114 or the University of Wyoming or Wyoming community colleges.

 

9-2-112.� Division of vocational rehabilitation; cooperation with federal government in providing services to individuals with disabilities.

 

(a)� The division shall cooperate with the federal government in implementing federal statutes pertaining to the purposes of this act, including the licensing of blind persons or other individuals with disabilities to operate small businesses on federal property. The division may adopt methods of administration necessary for the proper and efficient operation of agreements with the federal government and to secure the full benefits of the federal statutes.

 

(b)� Upon designation by the governor, the division may perform functions and services for the federal government relating to individuals with a physical or mental disability other than those described in subsection (a) of this section.

 

9-2-113.� Division of vocational rehabilitation; federal and state funds; custody and disbursement by state treasurer; gifts.

 

(a)� The state treasurer is the custodian of all funds received from the federal government for vocational rehabilitation or to implement any agreements authorized by this act. The state treasurer shall disburse federal and state funds available for those purposes upon certification by the division.

 

(b)� The division may accept and use gifts for carrying out the purposes of this act. The gifts may be held, invested, reinvested and used in accordance with the conditions of the gift.

 

9-2-114.� Division of vocational rehabilitation; services; persons eligible; extent provided at public cost; regulation as to selection of persons to be benefited; right to benefit not transferable.

 

(a)� Vocational rehabilitation services shall be provided to eligible residents with disabilities and to other individuals with disabilities who are eligible under an agreement with another state or the federal government.

 

(b)� Goods or services shall be provided at public cost only to the extent that the individual with disabilities requires financial assistance with respect thereto. However, the following services may be provided at public cost:

 

(i)� Diagnostic and related services, including transportation, required for the determination of eligibility for service and of the nature and scope of the services to be provided;

 

(ii)� Guidance; and

 

(iii)� Job related services, including job search and placement, job retention services and follow-up services.

 

(c)� If vocational rehabilitation services cannot be provided to all eligible individuals with disabilities, the division shall adopt, by regulation, a method for selecting those to whom services will be provided.

 

(d)� The right of any individual to any benefit under this act is not transferable or assignable at law or in equity.

 

9-2-115.� Division of vocational rehabilitation; preference given to eligible individuals with disabilities in operating small businesses on public property; new construction and remodeling; effect of preference on existing small businesses.

 

(a) �Individuals with disabilities determined to be eligible by the division shall be given a contract bid preference on small contracts, where the small business was established pursuant to this act.� The contract bid preference shall apply to small businesses on either public or private property which were established pursuant to this act.

 

(b)� The administrator or governing body in charge of any public property, in cooperation with the division may construct a new facility or remodel a preexisting facility to accommodate a small business established pursuant to this act.

 

(c)� The contract bid preference granted by this section does not affect the rights of persons currently operating a small business on public property and under a written contract with a specific renewal or termination date, until the renewal or termination date. After the renewal or termination date, the division shall bid out the small business contract and apply contract bid preferences where applicable.

 

9-2-116.� Legislative findings; purposes.

 

The legislature finds that a shortage of primary care physicians and allied health providers exists in the state of Wyoming which limits the availability of adequate health care services for the citizens of the state who live in rural areas. The legislature further finds that the number of qualified physicians and allied health care providers can be increased to enhance the provision of rural health care services by the adoption of incentives to attract more primary care physicians and allied health care providers to communities experiencing these shortages. The legislature therefore enacts the Rural Health Care Act of 1993 to create an office of rural health care and to create a loan repayment program to repay education loans of primary care physicians and allied health care providers who practice for specified periods of time in designated communities which are experiencing shortages.

 

9-2-117.� Office of rural health care created; duties.

 

(a)� The office of rural health care is created within the department of health. The office shall:

 

(i)� Serve as a clearinghouse for information on primary health care services in communities and rural areas of Wyoming and provide for dissemination of information by appropriate means to interested citizens of the state;

 

(ii)� Provide technical assistance and consultation services to communities and rural areas, including hospitals located in these communities and rural areas, and thereby assist citizens' groups, local officials and health professionals to:

 

(A)� Recruit and retain health care professionals and support personnel as required;

 

(B)� Assess health care needs and priorities of families living in rural areas;

 

(C)� Identify sources of funding and programming, including information on rural health care districts and the best beginnings program in Albany county;

 

(D)� Establish strong working relationships with health care professionals throughout the state;

 

(E)� Encourage the development of risk management programs;

 

(F)� Assist in the development of rural health clinics;

 

(G)� Design and implement programs enhancing state primary care services and state health promotion and disease prevention efforts.

 

(iii)� Contract, if necessary, with other entities to carry out duties prescribed under this section, and to conduct an active and ongoing recruitment program for physicians and other health care professionals and to engage in the following activities:

 

(A)� Assist communities in their effort to recruit and retain physicians and other health care professionals;

 

(B)� Assist communities in the contact and evaluation of potential candidates;

 

(C)� Conduct community studies to ascertain viable support for health care professionals;

 

(D)� Assist physicians and other health care professionals and their families to find communities that will meet their needs and expectations;

 

(E)� Maintain close liaison with government and private sources of health care providers;

 

(F)� Assess the availability of nurse practitioners and physician assistants in the state and in coordination with other appropriate organizations, determine additional training needs for these health care professionals;

 

(G)� Facilitate incorporation of mid-level providers into the state health delivery system.

 

(iv)� Develop a consortium of state agencies, private health organizations, professional and community organizations in a continuing effort to improve needed rural, primary care and other health care services for the people of Wyoming;

 

(v)� Administer the loan repayment programs created by W.S. 9-2-118 and 9-2-119;

 

(vi)� In collaboration with the state health officer and the state chief information officer, represent the department of health in a consortium of state agencies, private health organizations and professional and community organizations to facilitate the operations of a statewide interoperable telemedicine/telehealth network using existing internet protocol based communication and videoconferencing infrastructure and telecommunication services to the extent possible. The consortium shall:

 

(A)� Consist of members appointed by the director of the department of health, to include the Wyoming chief information officer or the officer's designee;

 

(B)� Coordinate the development and promotion of statewide standards for an interoperable telemedicine/telehealth network and, where applicable, promote definitions and standards for statewide electronic health transactions;

 

(C)� Promote and conduct education programs that inform network users that information communicated through the use of telemedicine/telehealth shall conform with state and federal privacy and security laws and information security programs established by the state chief information officer;

 

(D)� Have the authority to seek funds for consortium operation and contract as needed to carry out its responsibilities.

 

(vii)� In collaboration with the state health officer and the state chief information officer or their designees, coordinate with appropriate state agencies to establish incentives to implement, promote and facilitate the voluntary exchange of secure telemedicine/telehealth network information between and among individuals, entities and agencies that are providing and paying for services authorized under the Medicaid program, in conformity with rules adopted by the state chief information officer;

 

(viii)� In collaboration with the state health officer and the state chief information officer or their designees, develop and promote a common direction for a statewide interoperable telemedicine/telehealth network among state agencies, in conformity with rules adopted by the state chief information officer.

 

9-2-118.� Physician and dentist loan repayment program.

 

(a)� The department is authorized to enter into agreements with physicians and dentists who have graduated from accredited residency programs to provide health care in this state. The agreements shall:

 

(i)� Provide for the physician or dentist to practice medicine in a community of the state from among a list of communities developed by the department.� A physician or dentist shall agree to provide medical care for the period of the contract in underserved areas of the state and shall accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the physician or dentist is qualified to provide;

 

(ii)� Provide that the physician or dentist shall be repaid up to one hundred percent (100%) of the amount of outstanding educational loans the physician or dentist has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing medical or dental services, not to exceed thirty thousand dollars ($30,000.00) per year, in exchange for practicing his profession under the terms of this section;

 

(iii)� Require the physician or dentist to practice for a minimum of three (3) years under the agreement;

 

(iv)� Repealed by Laws 2005, ch. 148, � 2.

 

(v)� Contain other provisions the department deems necessary or appropriate to accomplish the purposes of this section.

 

(b)� The department, in consultation with the appropriate licensing board and professional association, shall promulgate rules necessary to carry out the purposes of this section. In carrying out this section the department shall assess health care needs of the state by geographic areas and practice specialties and shall prioritize and enter into agreements under this section accordingly.

 

(c)� The department may vary the terms of each agreement in accordance with this section based upon the community and the number of the physician's or dentist's patients whose cost of care is reimbursed under Title XVIII of the federal Social Security Act, the child health insurance program or the Wyoming Medical Assistance and Services Act.

 

(d)� Repealed By Laws 2008, Ch. 121, � 3.

 

9-2-119.� Allied health care provider loan repayment program.

 

(a)� The department is authorized to enter into agreements with health care providers licensed or certified to provide health care services in this state including, but not limited to, hospital, medical, surgical, dental, vision, nursing, radiology, mental health, speech language pathology and pharmaceutical services. The agreements shall:

 

(i)� Require the health care provider to provide health care services in a community of the state from among a list of communities developed by the department.� A health care provider shall agree to provide medical care for the period of the contract in underserved areas of the state and shall accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the health care provider is qualified to provide;

 

(ii)� Provide that the health care provider shall be repaid up to one hundred percent (100%) of the amount of outstanding educational loans the provider has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing medical services, not to exceed ten thousand dollars ($10,000.00) per year, in exchange for practicing under the terms of this section;

 

(iii)� Require the health care provider to agree to provide health care services for a minimum of three (3) years under the agreement;

 

(iv)� Repealed By Laws 2005, ch. 148, � 2.

 

(v)� Contain other provisions the department deems necessary or appropriate to accomplish the purposes of this section.

 

(b)� The department, in consultation with the appropriate licensing board and professional association, shall promulgate rules necessary to carry out the purposes of this section. In carrying out this section the department shall assess health care needs of the state by geographic areas and particular health care services required and shall prioritize and enter into agreements under this section accordingly.

 

(c)� The department may vary the terms of each agreement in accordance with this section based upon the community and the number of the health care provider's patients whose cost of care is reimbursed under Title XVIII of the federal Social Security Act, the child health insurance program or the Wyoming Medical Assistance and Services Act.

 

(d)� Repealed by Laws 2006, ch. 118 � 2.

 

(e)� In selecting health care providers for agreements pursuant to this section, the department shall give priority when practical to qualified graduates of the University of Wyoming or a Wyoming community college.

 

9-2-120.� Renumbered as 9-4-1203 by Laws 2000, Ch. 52, � 2.

 

9-2-121.� Renumbered as 9-4-1204 by Laws 2000, Ch. 78, � 1.

 

9-2-122.� Substance abuse control plan.

 

(a)� The department of health shall develop a detailed, comprehensive substance abuse control plan for prevention, early intervention and treatment designed to curb alcohol and controlled substance abuse in the state of Wyoming.

 

(b)� The department of health or contractor shall work, to the greatest extent feasible, in collaboration with the University of Wyoming statistical analysis center in determining appropriate data regarding early warning signs of substance abuse.

 

(c)� The plan shall also recommend how the services of schools, community mental health centers, social service providers, local health care providers, law enforcement, corrections and any other entities presently available in the state of Wyoming can better serve the state in responding to substance abuse problems. The substance abuse control plan should decrease the potential overlapping of these services while maintaining a collaborative effort among state and local governmental entities and other organizations to assure maximum leveraging of resources, including people and money. The plan should identify and address the filling of gaps in the continuum of needed services. The substance abuse control plan shall also include recommendations to the executive, legislative and judicial branches of the state of Wyoming regarding programs and funding determinations which those entities may make.

 

(d)� Repealed By Laws 2008, Ch. 44, � 2.

 

9-2-123.� Wyoming investment in nursing loan and grant program; eligibility criteria; procedures.

 

(a)� There is created the Wyoming investment in nursing program administered by the Wyoming community college commission created under W.S. 21-18-201. The program shall be known as the WYIN program. Applicants shall be residents of this state or graduates of a Wyoming high school and may apply for loans from the WYIN program in accordance with this section.

 

(b)� To qualify for a loan under the WYIN program, the applicant shall first:

 

(i)� Be accepted into a nursing education program at a Wyoming community college, the University of Wyoming, or, in the case of a candidate for a doctoral degree, an institution providing the required nursing education courses under contract with the western interstate commission for higher education or in a distance nursing education program at a university that is regionally accredited; and

 

(ii)� Apply for federal financial assistance and any employer-based financial assistance for which the applicant may be eligible.� Wyoming community colleges shall allow students who apply for admission into an approved nurse aide training or nursing education program, and who will enroll in fewer than six (6) academic credit hours, to apply for federal financial assistance.

 

(c)� Subject to the availability of funds appropriated for this program, loans under the WYIN program may be granted to applicants enrolled or planning to enroll in nursing education programs as follows:

 

(i)� An applicant who is accepted into a Wyoming licensed practical nurse or registered nursing education program or a baccalaureate degree program in nursing may be eligible for a loan to pay the unmet need, as determined by the Wyoming community college commission or its designee, of attendance at the licensed practical nursing education program or the registered nursing education program leading to an associate's or baccalaureate degree;

 

(ii)� A registered nurse with a baccalaureate degree who holds an unencumbered license with the Wyoming board of nursing, has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a baccalaureate degree, with preference given to a registered nurse currently teaching at the University of Wyoming or a Wyoming college, and the registered nurse is accepted into a nursing education program at the University of Wyoming leading to a master's degree in nursing or nursing education may be eligible for a loan to pay the unmet need of attendance, as determined by the Wyoming community college commission or its designee, provided that in order to receive a loan for a master's degree program, the applicant shall agree to repay the loan by teaching at a Wyoming college or the University of Wyoming. If the applicant registered nurse is not accepted into a nursing education program at the University of Wyoming and upon approval of the Wyoming community college commission, the applicant registered nurse may be accepted into an accredited nursing education program at a university located outside of the state. Loans awarded for applicants accepted into programs outside of Wyoming shall not exceed the loan amounts available for programs at the University of Wyoming;

 

(iii)� A registered nurse with a master's degree in nursing who holds an unencumbered license with the Wyoming board of nursing, has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a master's degree in nursing and is accepted into a nursing education program at an institution providing the required nursing education courses under contract with the western interstate commission for higher education or in a distance nursing education program at a university that is regionally accredited leading to a doctorate level degree in nursing may be eligible for a loan to pay the unmet need of attendance, as determined by the Wyoming community college commission or its designee, provided that in order to receive a loan for a doctorate level degree program, the applicant shall agree to repay the loan by teaching at the University of Wyoming.

 

(d)� A loan provided under this section shall not exceed the cost of attendance for the approved program, reduced by the amount of any Pell or other federal grant and any employer-based financial assistance received by the applicant.

 

(e)� A recipient of a WYIN loan under this section may repay the loan without cash payment by working in Wyoming as a nurse or nurse educator as provided in subsection (f) of this section. To qualify as repayment under this subsection, and except for graduate students as provided under subsection (q) of this section, work shall be performed within the following time periods which begin with the calendar month following the month in which the student completed the academic program:

 

(i)� If the loan can be repaid with work of two (2) years or less, within three (3) years;

 

(ii)� If the loan can be repaid with work of greater than two (2) years, but no more than four (4) years, within five (5) years;

 

(iii)� If the loan can be repaid with work of greater than four (4) years, within the amount of time the loan could be repaid, plus two (2) years.

 

(f)� Qualified work under subsection (e) of this section shall be credited so that the student's loan balance is reduced on the basis of one (1) year of full-time employment repaying the loan balance for one (1) academic year of full-time enrollment, or twelve thousand dollars ($12,000.00) of the loan, whichever is less. Qualified work shall be credited on a proportional basis.

 

(g)� Any recipient of a WYIN loan who fails:

 

(i)� To complete the academic program for which the loan was provided shall commence cash repayment of the loan no later than forty-five (45) days after the recipient leaves the academic program;

 

(ii)� To obtain employment in the targeted occupation for which the person received the education within ninety (90) days after successfully passing the appropriate certification or licensure examination shall commence cash repayment of the loan within one hundred twenty (120) days after successfully passing the appropriate certification or licensure examination;

 

(iii)� The appropriate certification or licensure examination on the first attempt may retake the examination at the next available opportunity before commencing repayment of the loan. The recipient shall notify the Wyoming community college commission or its contractor of the intent to retake the examination and the date the examination will be taken. Any recipient of a WYIN loan who fails the examination after the second attempt shall commence cash repayment of the loan within forty-five (45) days after receipt of notification of the second failure by the board of nursing. If the recipient of a WYIN loan who fails the examination on the first attempt does not retake the examination at the next available opportunity, cash repayment shall commence within forty-five (45) days after the next available examination is conducted.

 

(h)� Loan repayment options under this section may be deferred for a period not to exceed four (4) years while a loan recipient is serving on full-time active duty with any branch of the military services of the United States.

 

(j)� The Wyoming community college commission shall have the powers and duties specified in W.S. 21-18-202 to implement this section and shall establish terms and conditions of loans issued under this section, including:

 

(i)� Interest rates and loan terms;

 

(ii)� The form and process for loan application, review and award;

 

(iii)� Criteria under which students may be relieved from having to repay loans and interest thereon, in whole or in� part, where the requirement to repay would cause undue hardship.

 

(k)� Funding of the loan program established under this section shall be by appropriation of the legislature. The Wyoming community college commission shall transfer approved loan amounts to the University of Wyoming and to Wyoming community colleges at which loan recipients are enrolled. In consultation with the university and affected community colleges, the commission shall establish procedures for transferring loan amounts and for reporting requirements on the expenditure of transferred loan amounts.

 

(m)� Cash repayment of loans and interest thereon shall be credited to the general fund.

 

(n)� The Wyoming community college commission shall annually review the loan program established under this section and report to the governor and the legislature in accordance with W.S. 9-2-1014, regarding program results, funds received and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program.

 

(o)� This program created by this section shall expire effective June 30, 2016.

 

(p)� Notwithstanding subsection (o) of this section:

 

(i)� Any person beginning a nursing education program as authorized by this section shall continue to receive funding for the program so long as the person remains eligible as required by this section;

 

(ii)� Repayment of loans provided under this section shall continue as specified in this section until all loan obligations have been satisfied.

 

(q)� A recipient of a WYIN loan under this section and attending a master's or doctorate nursing level program may begin loan repayment through qualified work as authorized under subsections (e) and (f) of this section concurrently with enrollment in the nursing education program, subject to the following:

 

(i)� If the recipient is enrolled in a master's nursing degree program, the recipient shall perform qualified work for not less that one (1) year following completion of the education program;

 

(ii)� If the recipient is enrolled in a doctorate nursing degree program, the recipient shall perform qualified work for not less than two (2) years following completion of the education program.

 

9-2-124.� Prescription drug consumer information and technical assistance program.

 

The prescription drug consumer information and technical assistance program is created within the department of health. The program shall provide Wyoming residents with advice on the prudent use of prescription drugs and how to access government and private prescription drug programs and discounts. The program shall include consultation by licensed pharmacists for individuals with respect to how the individuals may, with the approval of the appropriate prescribing health care professional, avoid dangerous drug interactions and substitute more cost effective drugs for the drugs prescribed.

 

9-2-125.� Client treatment records; confidentiality; limited disclosure permitted; definitions.

 

(a)� Client registration records and treatment records relating to persons receiving mental health or substance abuse treatment at a treatment facility under contract with the department shall remain confidential, except as provided in this section, W.S. 7-4-201(f), 28-8-107, 28-8-108, 28-8-111 and 35-2-605 through 35-2-617.

 

(b)� The content of any record specified in subsection (a) of this section may be disclosed in accordance with the prior written consent of the person who is the subject of the record, but only to the extent, under the circumstances, and for the purposes as are allowed under the terms of the written consent.

 

(c)� The records specified in subsection (a) of this section shall be provided by the treatment facility or by another division within the department to the mental health division or the substance abuse division for the purpose of determining compliance with state or federal requirements and as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism or drug abuse.

 

(d)� Treatment records of a person may be released without informed written consent of the patient or his legal representative in the following circumstances:

 

(i)� To an agency as necessary for management or financial audits, or program monitoring and evaluation.� Information obtained under this paragraph shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the persons whose records are being released;

 

(ii)� For purposes of research as provided in W.S. 9-2-126.� Information obtained under this paragraph shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the persons whose records are being released;

 

(iii)� Within the treatment facility where the client is receiving treatment as necessary for the provision of mental health or substance abuse services;

 

(iv)� To a licensed physician or a licensed health care provider who has determined that the life or health of the client is in danger and that treatment without the information contained in the treatment records could be injurious to the client's health.� Disclosure under this paragraph shall be limited to the portions of the records necessary to meet the medical emergency;

 

(v)� To a treatment facility that is to receive the client from another treatment facility.� The release of records under this subsection shall be limited to the treatment records required by law and those treatment records as necessary for the provision of mental health and substance abuse services;

 

(vi)� To a correctional facility, the board of parole, a corrections employee or contractor who is responsible for the supervision of a person who is receiving mental health or substance abuse services.� Release of records under this paragraph is limited to and as follows:

 

(A)� An evaluation report provided pursuant to a written supervision plan;

 

(B)� The discharge summary, including� a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan;

 

(C)� When a person is returned from a treatment facility to a correctional facility or when a person under the supervision of the department of corrections is receiving mental health or substance abuse services from a treatment facility, the information provided under paragraph (v) of this subsection.� Disclosure under this paragraph shall be made to clinical staff only;

 

(D)� Any information necessary to establish or implement changes in the person's treatment plan or the level or kind of supervision as determined by the department of corrections, the contractor or the board of parole.� In cases involving a person transferred back to a correctional facility, disclosure under this paragraph shall be made to clinical staff only.

 

(vii)� To the person's legal representative or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals or other actions relating to detention, admission, commitment or patient's rights;

 

(viii)� Pursuant to lawful search warrant or other order issued by a court.

 

(e)� The department shall develop and maintain an information system to be used by the department and its divisions that includes a tracking method which allows the department and its divisions to identify mental health and substance abuse clients' participation in any mental health or substance abuse services on an immediate basis.� The information system shall not include individual client's case history files.� Confidentiality of client information shall be maintained to avoid identification of individual clients.� The data elements shall be designed to provide information that is needed to measure performance and achieve service outcomes.

 

(f)� Nothing in this section shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, as established by rule and regulation of the department.

 

(g)� As used in W.S. 9-2-125 and 9-2-126:

 

(i)� "Department" means the department of health;

 

(ii)� "Individually identifiable" means that a record contains information which reveals or can likely be associated with the identity of the person or persons to whom the record pertains;

 

(iii)� "Legal representative" means a person legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent adult;

 

(iv)� "Registration records" means the records of the department, treatment facilities and other persons providing treatment services under contract with the department which identify persons who are receiving or who at any time have received treatment services for mental illness or substance abuse with monies provided under contract with the department;

 

(v)� "Research" means a planned and systematic� sociological, psychological, epidemiological or other scientific investigation carried out by a state agency, by a scientific research professional with a bona fide scientific research organization or by a graduate student currently enrolled in an academic degree curriculum, with an objective to contribute to scientific knowledge, the solution to health problems or the evaluation of public benefit and service programs.� "Research" does not include record analysis and data collection that are subjective, do not permit replication and are not designed to yield reliable and valid results;

 

(vi)� "Treatment facility" means any community based program or service provider providing mental health or substance abuse services under contract with the department;

 

(vii)� "Treatment records" means registration, health care and all other records, in any form or medium, concerning persons who are receiving or who at any time have received mental health or substance abuse services from a treatment facility or other persons under contract with the department.

 

9-2-126.� Client treatment records; research; access; disclosure; penalties.

 

(a)� The department may authorize or provide access to or provide copies of an individually identifiable record for research purposes if informed written consent for the disclosure has been given to the department by the person to whom the record pertains or, in the case of minors and legally incompetent adults, the person's legal representative.

 

(b)� The department may authorize or provide access to or provide copies of an individually identifiable record it has in its control or the registration or treatment records of a treatment facility for research purposes without the informed consent of the person to whom the record pertains or the person's legally authorized representative, only if:

 

(i)� The department adopts research review and approval rules including, but not limited to, the requirement that the research organization appoints a standing human research review board competent to review research proposals as to ethical and scientific soundness and the review board determines that the disclosure request has scientific merit and is of importance in terms of the agency's program concerns, that the research purposes cannot be reasonably accomplished without disclosure of the information in individually identifiable form and without waiver of the informed consent of the person to whom the record pertains or the person's legal representative, that disclosure risks have been minimized, and that remaining risks are outweighed by anticipated health, safety or scientific benefits;

 

(ii)� The disclosure does not violate federal law or regulations; and

 

(iii)� The department negotiates with the research organization receiving the records or record information a written and legally binding confidentiality agreement prior to disclosure. The agreement shall:

 

(A)� Establish specific safeguards to assure the continued confidentiality and security of individually identifiable records or record information;

 

(B)� Ensure that the research organization will report or publish research findings and conclusions in a manner that does not permit identification of the person whose record was used for the research.� Final research reports or publications shall not include photographs or other visual representations contained in personal records;

 

(C)� Establish that the research professional will destroy the individual identifiers associated with the records or record information as soon as the purposes of the research project have been accomplished and notify the department to this effect in writing;

 

(D)� Prohibit any subsequent disclosure of the records or record information in individually identifiable form except as provided in subsection (c) of this section; and

 

(E)� Provide for the signature of the research professional, of any of the research professional's team members who require access to the information in identified form, and of the department official authorized to approve disclosure of identifiable records or record information for research purposes.

 

(c)� No research professional who has established an individually identifiable research record from record information pursuant to subsection (b) of this section, or who has established a research record from data or information voluntarily provided by a treatment facility under a written confidentiality assurance for the explicit purpose of research, may disclose the record in individually identifiable form unless:

 

(i)� The person to whom the research record pertains or the person's legal representative has given prior informed written consent for the disclosure;

 

(ii)� The research organization reasonably believes that disclosure will prevent or minimize injury to a person and the disclosure is limited to information necessary to protect the person who has been or may be injured, and the research organization reports the disclosure only to the person involved or the person's guardian, the person's physician and the department;

 

(iii)� The research record is disclosed in individually identifiable form for the purposes of auditing or evaluating a research program and:

 

(A)� The audit or evaluation is authorized or required by federal or state law or regulation or is based upon an explicit provision in a research contract, grant or other written research agreement; and

 

(B)� No subsequent disclosure of the research record in individually identifiable form will be made by the auditor or evaluator except as provided in this section; or

 

(iv)� The research record is furnished in compliance with a search warrant or court order, provided that:

 

(A)� The court issues the search warrant or judicial subpoena concerning the research record solely for the purpose of facilitating inquiry into an alleged violation of law by the research organization using the record for a research purpose or by th