(a)No warrant shall be drawn by the auditor or paid by
the treasurer:
(i)Unless funds have been previously appropriated or
otherwise authorized by law for that purpose;
(ii)When it has been certified by the department
that a state agency is in nonconformance with its approved
budget;
(iii)If the amount sought to be expended would
exceed the appropriation or other funds authorized for its use
by law. Reductions imposed upon expenditures pursuant to W.S. 9-
2-1014.2 and adjustments to appropriations authorized under W.S.
9-2-1014.2 or other law shall be applied in determining whether
an expenditure exceeds an appropriation or other funds
authorized;
(iv)If the expenditure is in nonconformance with the
amounts, programs and approved budget authorized by legislative
appropriation acts exc
Free access — add to your briefcase to read the full text and ask questions with AI
(a) No warrant shall be drawn by the auditor or paid by
the treasurer:
(i) Unless funds have been previously appropriated or
otherwise authorized by law for that purpose;
(ii) When it has been certified by the department
that a state agency is in nonconformance with its approved
budget;
(iii) If the amount sought to be expended would
exceed the appropriation or other funds authorized for its use
by law. Reductions imposed upon expenditures pursuant to W.S. 9-
2-1014.2 and adjustments to appropriations authorized under W.S.
9-2-1014.2 or other law shall be applied in determining whether
an expenditure exceeds an appropriation or other funds
authorized;
(iv) If the expenditure is in nonconformance with the
amounts, programs and approved budget authorized by legislative
appropriation acts except upon notice to the legislature if
required and approval of the governor as provided by subsection
(b) of this section;
(v) If the agency for which the expenditure was
authorized is in noncompliance with a provision of a legislative
appropriation act relating to the expenditure;
(vi) If the expenditure relates to a capital
improvement project for which total appropriations and
authorizations for the project are insufficient except as
otherwise authorized by law;
(vii) If the expenditure is for salaries for
employees exceeding the maximum number of employees for the
agency authorized by a legislative appropriation act except upon
notice to the legislature if required and approval of the
governor as provided by subsection (b) of this section;
(viii) If the expenditure of general fund monies is
requested for a program other than the program for which the
expenditure was authorized by the legislature;
(ix) If the expenditure of nonfederal monies
appropriated for the personal services budget by a legislative
appropriation act is requested for any other purpose;
(x) If the expenditure was authorized for capital
improvements but sought to be expended for any other purpose;
(xi) If the expenditure is requested from federal
revenues exceeding the amount authorized by a legislative
appropriation act except upon notice to the legislature and
approval of the governor as provided by paragraph (b)(iii) and
subsection (g) of this section;
(xii) If the expenditure is for data processing
hardware, software, consultants or training and exceeds the
small purchase amount established by the department of
enterprise technology services, unless specifically approved by
one (1) of the following:
(A) President of the University of Wyoming for
the University of Wyoming;
(B) The state chief information officer. A
purchase shall not be approved pursuant to this subparagraph if
it fails to conform with the criteria developed pursuant to W.S.
9-2-2906(b)(iii);
(C) Chief justice of the supreme court for the
judicial branch;
(D) Director of the legislative service office
for the legislative branch; or
(E) President of each community college for his
respective community college.
(xiii) If the expenditure or disbursement is in
violation of subsection (q) of this section or otherwise in
violation of law.
(b) Subject to subsections (c), (g) and (q) of this
section, the governor may:
(i) Authorize revisions, changes or redistributions
to approved budgets;
(ii) Authorize revisions, changes, redistributions or
increases to amounts authorized for expenditure by legislative
appropriation acts from fund sources identified in W.S. 9-4-
204(t) as special revenue funds, capital project funds, debt
service funds or proprietary fund types, and from federal funds
as provided under paragraph (iii) of this subsection,
subsections (g) and (q) of this section and W.S. 9-4-206, if in
his opinion a public welfare emergency exists, general fund
appropriations can be conserved, agency program requirements
have significantly changed or unanticipated revenues from fund
sources specified in this paragraph become available and qualify
pursuant to W.S. 9-2-1006(a). For any revision, change,
redistribution or increase in amounts authorized for expenditure
under this paragraph in excess of one hundred thousand dollars
($100,000.00), the governor's office shall:
(A) Notify the legislature at least ten (10)
days in advance of the exercise of authority; or
(B) Notify the legislature as soon as
practicable after the exercise of authority if the governor
determines immediate action is necessary to preserve the public
health, safety or welfare or to prevent the potential loss of
funds; and
(C) In all cases identify in the notice the
amount, purpose and specified fund source of the revision,
change, redistribution or increase.
(iii) Subject to subsections (g) and (q) of this
section, authorize the receipt and expenditure of federal
revenues exceeding the amount authorized by a legislative
appropriation act as provided by W.S. 9-4-206(b);
(iv) Authorize the implementation of the personnel
classification and compensation plan consistent with W.S. 9-2-
3207;
(v) Authorize transfer of a contingent appropriation
to an account or fund to prevent a budget shortfall for any
account or fund in accordance with W.S. 9-2-1014.2 and any other
condition on the appropriation;
(vi) Authorize the transfer and expenditure of funds
to address a public welfare emergency in accordance with W.S. 9-
2-1014.3.
(c) The governor shall not:
(i) Authorize an increase in the amount appropriated
to any agency by any legislative appropriation act except as
authorized by law from the following:
(A) Fund types specified in paragraph (b)(ii) of
this section;
(B) Allocations from a contingent appropriation
under W.S. 9-2-1014.2 or an appropriation under W.S. 9-2-1014.3,
if any;
(C) Federal revenues received as provided under
paragraph (b)(iii) and subsections (g) and (q) of this section
and W.S. 9-4-206.
(ii) Unless authorized by a legislative appropriation
act, authorize funds appropriated from the general fund for one
(1) program as represented by line appropriations within any
legislative appropriation act to be used for another program.
(d) The state auditor, state treasurer and director of the
state department of audit shall assist the governor and the
department in carrying out legislative appropriation acts with
respect to the audit, record keeping and control of budgets
approved thereunder.
(e) Repealed by Laws 2021, ch. 124, § 3.
(f) The joint appropriations committee of the legislature
shall compile the approved budget for each agency's
appropriation and transmit the budget to the governor and the
agency.
(g) No federal funds in excess of amounts approved by any
legislative appropriations act may be accepted or expended until
approved by the governor in writing. If the governor disapproves
the acceptance or expenditure of federal funds under this
subsection and the federal funds are accepted or expended, the
state auditor shall not draw any warrant nor shall the state
treasurer pay any warrant which would result in the disbursement
of funds, directly or indirectly through contracts for services,
to the public or private entity involved. For any acceptance or
expenditure of federal funds under this paragraph in excess of
one million dollars ($1,000,000.00), the governor's office:
(i) If the funds are restricted by federal or state
law for a specified purpose and will be expended as a
supplemental addition for a program with an approved budget,
shall notify the legislature at least ten (10) days in advance
of approving the acceptance or expenditure of federal funds,
except as provided in paragraph (iii) of this subsection and
subject to paragraph (iv) of this subsection;
(ii) If the funds are not restricted by federal or
state law for a specified purpose or are restricted by law but
will not be expended as a supplemental addition for a program
with an approved budget, shall notify the legislature as soon as
practicable and proceed as provided in W.S. 9-4-206(b). Except
as provided in paragraph (iii) of this subsection, the governor
shall not accept federal funds subject to this paragraph until
the requirements of W.S. 9-4-206(b) have been met;
(iii) May accept federal funds and notify the
legislature as soon as practicable, if the governor determines
immediate action is necessary to preserve the public health,
safety or welfare or to prevent the potential loss of funds
subject to paragraph (iv) of this subsection. If the funds meet
the provisions of paragraph (ii) or subparagraphs (iv)(A) or (B)
of this subsection they shall not be expended until the
provisions of paragraph (ii) and W.S. 9-4-206(b) are met, unless
the governor notifies the management council that immediate
expenditure of the funds is necessary to preserve the public
health, safety or welfare or to prevent the potential loss of
funds. If such a determination is made, funds not required to
be expended immediately shall be subject to the provisions of
paragraph (ii) of this subsection and W.S. 9-4-206(b). If the
determination under subparagraph (iv)(A) or (B) of this
subsection has been made, the governor shall not expend any
funds solely to prevent the potential loss of funds until the
requirements of W.S. 9-4-206(b) have been met;
(iv) Shall in all cases identify in the notice the
amount, intended use and source of the federal funds, whether
the state is obligated or is anticipated to expend general or
other state funds and whether the state's taxing or
appropriation authority is in any manner limited as a result of
the acceptance or expenditure of federal funds. The amount and
source of the state funds to be expended or estimated to be
expended and the effect on the state's taxing or appropriation
authority as a result of the acceptance or expenditure of
federal funds shall be identified by the governor's office for
the fiscal biennium in which the federal funds are accepted and
for the next two (2) immediately succeeding fiscal biennia. The
governor's office shall notify the legislature as soon as
practicable if the office determines that as a result of the
acceptance or expenditure of the federal funds:
(A) The state is obligated or is anticipated to
expend general or other state funds in excess of ten million
dollars ($10,000,000.00) in any fiscal biennium including, but
not limited to, the expenditure of general or other state funds
as a result of a state agency's or a political subdivision's
obligation to meet any maintenance of effort, maintenance of
equity or maintenance of financial support requirement
reportable under subparagraph (q)(i)(A) of this section. If so,
the governor's office shall proceed as provided in W.S. 9-4-
206(b) and shall not accept the federal funds until the
requirements of W.S. 9-4-206(b) have been met, except that the
governor may accept the federal funds as necessary to preserve
health, safety or welfare and in accordance with paragraph (iii)
of this subsection; or
(B) The state's taxing or appropriation
authority is in any manner limited. If so, the governor's
office shall proceed as provided in W.S. 9-4-206(b) and shall
not accept the federal funds until the requirements of W.S. 9-4-
206(b) have been met, except that the governor may accept the
federal funds as necessary to preserve health, safety or welfare
and in accordance with paragraph (iii) of this subsection.
(h) Repealed by Laws 1985, ch. 232, § 202.
(j) Repealed By Laws 2000, Ch. 48, § 3.
(k) Repealed By Laws 2003, Ch. 120, § 3.
(m) Repealed By Laws 2003, Ch. 120, § 3.
(n) Repealed By Laws 2003, Ch. 120, § 3.
(o) The governor shall report monthly to the legislature
on the use of the flex authority authorized under this section
or any legislative appropriation act during each biennium. The
report shall specify:
(i) Appropriations and authorized positions
transferred during the biennium, including transfers between
expenditure series, programs and agencies with a detailed
written description of the transfer;
(ii) Use of the flex authority or authority under
paragraph (b)(v) or (vi) of this section to expend a contingent
appropriation to avoid a reduction of expenditures pursuant to
W.S. 9-2-1014.2 or to address a public welfare emergency
pursuant to W.S. 9-2-1014.3.
(p) The governor shall make available monthly for public
inspection information on the exercise of his authority under
paragraphs (b)(i), (ii), (iii), (v) and (vi) and subsection (g)
of this section and under W.S. 9-2-1014.2 and 9-2-1014.3 for the
immediately preceding month. The information shall be made
available on the Wyoming public finance and expenditure of funds
website created by W.S. 9-2-3220(a).
(q) Prior to accepting any federal funds in excess of the
amount authorized by a legislative appropriation act, whether
pursuant to the authority under this section or any other
provision of law, a state agency which receives an appropriation
from the legislature shall:
(i) Report to the governor's office if, as a result
of accepting or expending the funds:
(A) The state or any political subdivision of
the state would be obligated to meet any maintenance of effort,
maintenance of equity or maintenance of financial support
requirement that is increased or did not exist at the time of
enactment of the state legislative act authorizing acceptance
of, or providing the initial appropriation of, the federal
funds; or
(B) The state's taxing or appropriation
authority is in any manner limited.
(ii) Include in the report required by paragraph (i)
of this subsection, for the fiscal biennium in which the federal
funds are accepted and for the next two (2) immediately
succeeding fiscal biennia:
(A) Both the dollar amount of any anticipated
expenditure of nonfederal funds and the percentage increase in
any maintenance of effort, maintenance of equity or maintenance
of financial support requirement over the requirement existing
at the time of the enactment of the state legislative act;
(B) The specific limitation on the state's
taxing or appropriation authority.
(iii) Not accept or expend the funds whether directly
or by disbursement to other entities until approved by the
governor in writing.
(r) The governor's approval under subsection (q) of this
section shall be subject to and in accordance with the
requirements of subsection (g) of this section. The reporting
and approval requirements of subsection (q) of this section are
in addition to other requirements imposed by law. The
requirements of subsection (q) of this section shall not be
applicable to federal funds authorized by a federal enactment
which is specifically identified by a state legislative act
explicitly appropriating the federal funds or explicitly
approving the acceptance or expenditure of the federal funds.