§ 9-2-1002 — Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated

Wyoming § 9-2-1002

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 2: AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS
• Art. 10: STATE BUDGET DEPARTMENT

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(a) As used in this act:
(i) "Agency" means an office, department, board,
commission or operating unit of the executive branch of state
government;
(ii) "Department" means the state budget department;
(iii) "Entity" means any governmental unit, special
district, corporation, partnership or person which will receive
a legislative appropriation, directly or indirectly, excluding
the legislature, the judiciary and the Wyoming department of
transportation, game and fish department, counties,
municipalities and school districts;
(iv) "Exception budget" means a budget prepared by an
entity containing requests for appropriations which vary from
the standard budget as prepared by the department or otherwise
represents additional or increased services. The agency shall
justify the new or increased services and describe all new
staff, support services and additional equipment which will be
required. The exception budget shall also be used to describe
any decreases in nongeneral fund revenues formally supporting an
entity's services and for which a general fund appropriation is
being requested;
(v) "Executive branch" means the executive department
of state government established by article 2, section 1 of the
Wyoming constitution;
(vi) Repealed By Laws 1997, ch. 178, § 2.
(vii) "Legislature" means the legislative department
of state government established by article 2, section 1 of the
Wyoming constitution;
(viii) "Judiciary" means the judicial department of
state government established by article 2, section 1 of the
Wyoming constitution;
(ix) "Standard budget" means a budget enabling an
entity to continue to furnish the same level of services during
the ensuing biennium and shall reflect the revenue or
appropriation necessary to provide the services. The budget
shall include all personnel approved in the preceding biennial
budget, a supportive service category and the amount of revenue
generated by the entity during the preceding biennium and
estimated revenue for the ensuing biennium regardless of the
fund to which the monies were deposited. The standard budget
shall not include any personnel other than those specifically
authorized in the preceding biennial budget. The standard budget
shall not include requests for any equipment, any special
projects and services nor any requests for special or
nonrecurring funding. The limitations regarding authorized
personnel and equipment requests in this paragraph shall not
apply to the University of Wyoming. The standard budget shall:
(A) Reflect and identify any reductions to
expenditures made pursuant to W.S. 9-2-1014.2 in the previous
fiscal biennium;
(B) Be reduced by any amount transferred from
contingent appropriations pursuant to W.S. 9-2-1014.2 or an
appropriation under W.S. 9-2-1014.3 to any fund or account and
expended from the fund or account to support services of the
standard budget in the previous fiscal biennium.
(x) "This act" means W.S. 9-2-1001.1 through 9-2-
1014.2;
(xi) Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-
2-3202(a)(vii).
(xii) "Base budget" means a budget containing all
legislative appropriations as defined by W.S. 9-2-1013(d)(iv),
which shall be prepared by the department for each entity
containing all programs for the biennium preceding the biennium
for which a standard budget is being prepared pursuant to this
act. The base budget and all information accompanying the base
budget as required by this act shall be of sufficient detail to
parallel components of the standard budget prepared for each
entity under this act;
(xiii) Renumbered by Laws 2021, ch. 56, § 4 as W.S.
9-2-3202(a)(viii).
(xiv) Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-
2-3202(a)(ix).
(xv) Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-
2-3202(a)(x).
(xvi) "Outstanding obligation legally incurred" means
a financial obligation, chargeable to the current biennium's
appropriation, that has been lawfully incurred and for which
appropriated funds have been reserved but not paid during that
biennium. An "outstanding obligation legally incurred" shall
include the following:
(A) A master service agreement, master price
agreement or other contract was executed or purchase order
issued for goods or services but the goods were not received, or
the services were not rendered, and paid for during the same
biennium;
(B) Goods or services were received pursuant to
a purchase order or other contract, but an invoice was not
received and paid during the same biennium;
(C) Goods or services and an invoice were
received, but payment could not be made during the same
biennium;
(D) Salaries were earned and were payable, but
were not paid as of the end of the biennium as a result of pay
periods not being consistent with the end of the biennium,
except that higher education institutions may encumber payrolls
for the remainder of the summer session which is in progress at
the end of the state's biennium if they have been budgeted and
appropriated in such manner;
(E) A written agreement for a grant, loan or
award to distribute funds was signed but the funds were not
distributed during the same biennium;
(F) A written offer to provide a grant, loan or
award to distribute funds was made and upon execution of an
agreement a legally binding obligation to distribute the funds
would be incurred, but the agreement was not signed by all
parties during the biennium.
(xvii) "Budget shortfall" means probable receipts
from taxes or other sources of revenue for any fund or account
will be less than were anticipated and that those receipts, plus
existing revenues in the fund or account which are available,
will be less than the amount appropriated;
(xviii) "Contingent appropriation" means an
appropriation of funds from the legislative stabilization
reserve account which specifically identifies W.S. 9-2-1014.2 in
the provision of law making the appropriation. The law
providing the contingent appropriation may provide additional
conditions on the expenditure of the appropriation, beyond those
otherwise provided by law;
(xix) "Structural budget deficit" means that
anticipated taxes and other revenues for a fiscal biennium from
traditionally available revenues sources are:
(A) Less than appropriations for the general
operations of state government for the corresponding fiscal
biennium; or
(B) Are projected to be less than the expenses
of the general operations of state government, assuming the same
appropriations for general operations as made in the previous
fiscal biennium from traditionally available revenue sources
plus any increases for those operations required by existing
law.
(xx) "Traditionally available revenue sources" means
those revenues identified in W.S. 9-2-1013(d)(ii) which are
estimated to be deposited or credited to a state fund or account
in the two (2) year budget period, and excluding revenues
excluded under W.S. 9-2-1013(d) and any balances in any account
or fund existing prior to the first day of the fiscal period;
(xxi) "Consensus revenue estimating group" means one
(1) or more representatives of the legislative and executive
departments of state government, created by agreement of the
governor and the legislature to estimate and forecast revenues
available to the state for appropriation;
(xxii) "Fund balance," "unappropriated fund balance"
or "unobligated, unencumbered fund balance," notwithstanding
cash or fund balances reflected in the state of Wyoming's
comprehensive annual financial report, means:
(A) The fund cash and petty cash balance from
the comparative balance sheet by fund report which is run within
five (5) business days following the close of the prior fiscal
year;
(B) Less the fund balance reserved encumbrances,
excluding encumbrances of federal funds, from the comparative
balance sheet by fund report that is run within five (5) days
following the close of the prior fiscal year;
(C) Less the remaining unspent appropriations
from that fund for previous biennia, including those unspent
appropriations from the most recent legislative session that
were effective immediately, as computed by the state auditor's
office;
(D) Less fund reversions as computed by the
state auditor's office;
(E) Less restricted cash as determined by the
state auditor's office;
(F) Plus the net accounts receivable due from
the federal government or other entities as of June 30 from the
most recently completed fiscal year, as computed by the state
auditor's office;
(G) Plus mineral severance taxes, if any, to be
distributed to the fund that have been earned in the most
recently completed fiscal year but have not yet been
distributed, as determined by the department of revenue;
(H) Plus sales and use taxes, if any, to be
distributed to the fund that have been earned in the most
recently completed fiscal year but have not yet been
distributed, as determined by the department of revenue;
(J) Plus federal mineral royalties, if any, to
be distributed to the fund that have been earned in the most
recently completed fiscal year but have not yet been
distributed, as determined by the state treasurer's office.
(xxiii) "Approved budget" means:
(A) An agency's request for an appropriation for
a program and for which an appropriation is made in whole or in
part;
(B) The governor's recommended appropriation for
an agency program developed pursuant to W.S. 9-2-1010 through 9-
2-1013 and for which an appropriation is made in whole or in
part;
(C) A budget for a program as developed by the
state budget department and approved by the governor for
appropriations for which no budgeted request was submitted.
(xxiv) "Program" means a line appropriation within a
general appropriation act of the legislature as so designated;
(xxv) "Public welfare emergency" means a sudden
financial calamity or other occurrence, either of which:
(A) Was not foreseeable or predictable at the
time of preparation and adoption of the budget and the passage
of appropriation measures during the general or budget session
of the legislature immediately preceding the occurrence of the
emergency;
(B) Demands immediate action to insure the
proper functioning of state government or to protect the health,
safety or welfare or economic well-being of the public or
against the loss of essential public services; and
(C) For which other funds are not available for
expenditure or insufficient to meet the needs of the emergency.
(b) Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-
3202(b).
(c) Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-
3202(c).
(d) Renumbered by Laws 2021, ch. 56, § 4 as W.S. 9-2-
3202(d).