§ 9-2-1707 — Reorganization method; types of transfer

Wyoming § 9-2-1707

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 2: AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS
• Art. 17: REORGANIZATION OF GOVERNMENT

Text

(a) If a bill to create a department as part of government
reorganization is enacted into law:
(i) The governor shall, not later than July 1 of the
year in which the bill is enacted, appoint a department
director. The director and any other staff necessary to assist
the director during the transition shall serve in positions and
be paid from funds available in the existing budgets of agencies
and programs assigned to the department by law or appropriated
to the governor's office for reorganization;
(ii) Upon his appointment, the director shall become
the immediate supervisor of all heads of agencies assigned to
the department under a Type 1 transfer. Agency heads assigned
under Type 1 transfers retain all rights and privileges under
the state compensation and personnel system which existed
immediately prior to the appointment of the director. No agency
head shall be removed by a director before implementation of a
department reorganization plan approved by the legislature but
the director may fill vacancies;
(iii) The director shall prepare a plan for
reorganization of the department which, after approval by the
governor, shall be submitted on or before October 15 to the
specified interim committees and to the legislature not later
than December 1 of the year in which the department is created.
All state agencies or departments shall cooperate with and
provide all requested information to a department director
developing a department reorganization plan under this
paragraph. Public hearings regarding the plan shall be conducted
by at least two (2) interim committees of the legislature
specified in the bill creating the department prior to the
succeeding legislative session. The plan, as approved by the
legislature through a bill, shall be implemented not later than
July 1 of the year in which the plan is approved. The plan shall
reflect as much of the following basic structure as practicable:
(A) The principal operating unit of a department
is a division headed by an administrator;
(B) The principal operating unit of a division
is a program headed by a manager;
(C) The principal operating unit of a program is
a section headed by a supervisor;
(D) The principal operating unit of a section is
a subsection headed by a chief;
(E) Departments may establish field offices
which combine division, program, section and subsection
functions;
(F) A council is an advisory body created by
specific statutory enactment and appointed to function on a
continuing basis for the study of the problems arising in a
specified functional or program area of state government and to
provide recommendations and policy alternatives;
(G) A committee is an advisory body created by
or without specific statutory enactment for a limited time to
study a specific problem and recommend a solution or policy
alternative with respect to that problem. Its existence shall
terminate upon the completion of its assignment;
(H) A coordinating council is an
interdepartmental advisory body created by law to coordinate
programs and activities for which one (1) department has primary
responsibility but in which one (1) or more other departments
have an interest;
(J) A commission, unless otherwise required by
the state constitution, is a body created by specific statutory
enactment within a department or the office of the governor
exercising limited quasi-legislative or quasi-judicial powers,
or both, independently of the director of the department or the
governor.
(iv) Except as otherwise specified by law, all
boards, commissions, councils or committees associated with an
agency, assigned to a department under a Type 1 transfer shall
be only advisory upon implementation of the department's
reorganization plan. During the transition period, boards,
commissions, councils and committees shall retain existing
authority for making grants, authorizing programs, rulemaking
and for taking final agency action in contested cases, except as
otherwise specifically provided in a department reorganization
act, but shall have no authority regarding the internal
administration of the agency. Any board or commission which
grants licenses or permits to engage in a profession or
occupation retains full authority to grant, deny or take any
other action regarding those licenses or permits as exists under
current law.
(b) As used in reorganization acts to create departments,
the following described transfers have the effects specified:
(i) Type 1 transfer-A Type 1 transfer is the transfer
of an existing agency or substantially all of the functions and
programs of an existing agency to a department. This transfer
includes the transfer of all positions, personnel, property and
appropriated funds to the department to be used for the purposes
specified under existing law until implementation of the
legislatively approved reorganization plan. The department is
responsible for all the programs and functions of an agency
assigned to the department through a Type 1 transfer;
(ii) Type 2 transfer-A Type 2 transfer is the
transfer of a program or function from an existing agency to a
department when that agency is not assigned to the department
under a Type 1 transfer and includes the transfer of a program
or function from a department to a second department or an
existing agency if that agency has not yet been assigned to a
department. The positions, personnel, property and appropriated
funds associated with the program or function shall not be
transferred to or from the department unless specified in the
department reorganization plan;
(iii) Type 3 transfer-A Type 3 transfer is the
transfer of an agency with a primary function of issuing
licenses or permits to engage in a profession or occupation to a
department. The department shall provide budget, fiscal,
administrative and clerical services to any agency requesting
these services, but not affect its authority with respect to
licensure. The positions, personnel, property and appropriated
funds of these agencies shall not be transferred to the
department. Any agency requesting the services described in this
paragraph shall compensate the department for them at a
reasonable rate established by the department. In addition to
offering the optional services specified in this paragraph, the
department shall:
(A) Provide administrative oversight of agency
procedures to assure that each agency is in compliance with
existing statutes that created the agency and that govern the
agency's functions;
(B) Provide guidance to agencies in matters
pertaining to budget preparation, individual agency
administration, personnel and other procedural functions in
accordance with rules and regulations promulgated by the
department;
(C) Function as a liaison between individual
agencies within the department and between agencies and other
departments within state government;
(D) Review the current practices of each agency
and make recommendations to individual agencies which might
improve the efficiency of the agency.