Relevant Statutes for the Treasurer's Office

The partial Wyoming statutes found below, are meant to be a quick reference for areas that directly affect the Wyoming Treasurer's Office. If you would like to view the entire Wyoming statutes, please visit the Wyoming State Legislature's webpage at http://legisweb.state.wy.us.

8‑1‑109.  Payment of fines and penalties.

Unless otherwise specifically provided by law, all civil or administrative fines or penalties collected under the Wyoming statutes shall be paid over to the state treasurer to be credited to the public school fund of the county in which the violation for which the fine or penalty was imposed occurred.

9‑4‑401.  Distribution of funds.

(a)  All funds received by the state of Wyoming, as its distributive share of the amounts collected by the United States government under the provisions of the act of congress of June 28, 1934 (48 Stat. 1269), known as the Taylor Grazing Act, and any act amendatory thereof, shall be deposited with the state treasurer. Upon receipt the state treasurer shall distribute the money to the several counties of the state in which the public lands are located. The state treasurer shall ascertain from the proper United States officers having the records of receipt from leased or sold public lands the amount of receipts from the sources in this state for each year for which money is received by the state. A separate account shall be kept of the sum received from sale or lease rentals from public lands, which sum shall be segregated by the state treasurer and paid to the county in which the leased or sold public land is located. If any leased or sold land lies in more than one (1) county of the state, each county shall receive a proportional amount of the revenue as the area of the leased or sold public land included within the boundary of the county bears to the total area of the leased or sold public land.

(b)  In the case of monies received from grazing fees, the state treasurer shall distribute the fees attributable to the following federal grazing districts as constituted prior to the reorganization of the district boundaries as implemented in 1974 by the bureau of land management to the following county treasurers to be held on behalf of the state grazing districts encompassing the county in the percentages indicated:

(i)  Worland grazing district:

(A)  Big Horn county treasurer (state grazing district 1) ‑ 42.23%;

(B)  Hot Springs county treasurer (state grazing district 1) ‑ 15.93%;

(C)  Park county treasurer (state grazing district 1) ‑ 10.04%;

(D)  Washakie county treasurer (state grazing district 1) ‑ 31.80%.

(ii)  Rawlins grazing district:

(A)  Fremont county treasurer (state grazing district 2) ‑ 31.57%;

(B)  Natrona county treasurer (state grazing district 2) ‑ 5.46%;

(C)  Carbon county treasurer (state grazing district 3) ‑ 33.71%;

(D)  Albany county treasurer (state grazing district 3) ‑ .03%;

(E)  Sweetwater county treasurer (state grazing district 3) ‑ 29.23%.

(iii)  Rock Springs grazing district:

(A)  Sweetwater county treasurer (state grazing district 4) ‑ 48.56%;

(B)  Fremont county treasurer (state grazing district 4) ‑ 3.00%;

(C)  Lincoln county treasurer (state grazing district 4) ‑ 17.66%;

(D)  Uinta county treasurer (state grazing district 4) ‑ 8.27%;

(E)  Sublette county treasurer (state grazing district 5) ‑ 22.51%.

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.

ARTICLE 5
FOREST RESERVE FUNDS

9‑4‑501.  Money from federal forest reserves; apportionment to counties.

On January 1 of each year, or as soon thereafter as there is any money in the state treasury paid to the state by act of congress, approved June 30, 1906, as amended by act of congress, approved May 23, 1908, or any act amendatory thereto or supplemental thereof, whereby twenty‑five percent (25%), or any other proportion, of the money received from each forest reserve in the state is paid to the state to be expended for the benefit of the public schools and public roads of the counties in which the forest reserve is situated, the state treasurer shall apportion the money to the entitled counties in the manner hereinafter described.

9‑4‑502.  Money from federal forest reserves; method of apportionment.

In making the apportionment provided for in W.S. 9‑4‑501, the state treasurer shall ascertain the amount which has accrued from each United States forest reserve in the state, and shall apportion the revenue to the counties in which the reserve is located in proportion to the acreage of the reserve within the boundaries of the counties.

9‑4‑503.  Money from federal forest reserves; distribution among counties.

Upon making the apportionment provided for in W.S. 9‑4‑501 through 9‑4‑504, the state treasurer shall certify to the state auditor the amounts due to the counties, whereupon the state auditor shall issue a warrant payable from the monies received pursuant to W.S. 9‑4‑501, in favor of the county treasurer of the counties included in the distribution for the amount to which the county is entitled and remit the warrants to the county treasurers.

9‑4‑504.  Money from federal forest reserves; distribution by county commissioners.

Upon the receipt by the county treasurer of the funds, as provided in W.S. 9‑4‑503, the county commissioners of the county shall apportion the monies between the general school fund and the road fund of their county. Not less than five percent (5%) of the monies shall be credited to either one of the funds.

9‑4‑601.  Distribution and use; funds, accounts, cities and towns benefited; exception for bonus payments.

(a)  All monies received by the state of Wyoming from the secretary of the treasury of the United States under the provisions of the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. §§ 181, 191), as amended, or from lessees or authorized mine operators and all monies received by the state from its sale of production from federal mineral leases subject to the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. §§ 181, 191) as amended, except as provided by subsection (b) of this section, shall be deposited into an account and the first two hundred million dollars ($200,000,000.00) of revenues received in any fiscal year shall be distributed by the state treasurer as provided in this subsection. One percent (1%) of these revenues shall be credited to the general fund as an administrative fee, and the remainder shall be distributed as follows:

(i)  Two and one‑quarter percent (2 1/4%) to the highway fund to be expended by the transportation commission for permanent construction or maintenance work in the counties to which the royalties are attributable with priority given to roads and highways impacted by mineral development;

(ii)  Forty‑four and eight‑tenths percent (44.8%) to the public school foundation program account subject to allocations under W.S. 9‑4‑605;

(iii)  Except as provided by W.S. 9‑4‑605(a), twenty-six and one-quarter percent (26 1/4%) to the highway fund subject to allocations under W.S. 9‑4‑606 and 9‑4‑607;

(iv)  Six and three-quarters percent (6 3/4%) to a separate account for the University of Wyoming. This revenue may be used only when authorized by the legislature for the actual and necessary expenses of constructing, equipping and furnishing new buildings, the repairing of existing buildings, the purchasing of improved or unimproved real estate, the payment of principal and interest on securities issued to finance these projects or for the payment of principal and interest on securities issued to refund the securities. Any proposed expenditures from this revenue shall be included in the budget of the university submitted to the governor. Payments from this revenue shall be made by the state treasurer only upon properly itemized and receipted vouchers approved by the trustees of the university and filed with the state auditor as provided by law. Notwithstanding the requirement that proposed expenditures from this revenue be included in the university budget submitted to the governor, the trustees of the university are authorized to approve expenditures from this revenue for the payment of principal and interest on any outstanding securities issued pursuant to this paragraph in accordance with the terms of the securities;

(v)  Nine and three‑eighths percent (9.375%) to incorporated cities and towns to be used for planning, construction or maintenance of public facilities or providing public services. Any city or town may expend these revenues or pledge future revenues for payment of revenue bonds issued to provide public facilities. However no city or town shall pledge future revenues to the federal government under 43 U.S.C. § 1747 unless the city or town obtains a written determination from the governor, which he may make in connection with his consultation with the secretary of the interior under 43 U.S.C. § 1747 or otherwise, that the pledge will not affect the distribution of mineral royalties provided in this section. The distribution provided under this paragraph to any city or town shall be reduced by an amount equal to the amount of federal mineral royalties withheld from the state by the federal government to repay any loan to the city or town under 43 U.S.C. § 1747. Pledges of this income for revenue bonds shall not exceed ten (10) years. Each city and town shall receive:

(A)  Twelve thousand dollars ($12,000.00) if the population is three hundred twenty-five (325) persons or less, or fifteen thousand dollars ($15,000.00) if the population is more than three hundred twenty-five (325) persons; plus

(B)  An amount computed by the state treasurer as follows:  after deducting the distribution provided by subparagraph (A) of this paragraph, the remainder shall be allocated for distribution to cities and towns within each county in an amount proportionate to the percentage obtained by dividing the average daily membership, as defined in W.S. 21‑13‑101, of all school districts within each county by the total average daily membership of all school districts in the state.  The distribution to each city and town will then be made in the proportion that the population of the city or town bears to the total population of all cities and towns in the county.

(vi)  Three and seventy-five hundredths percent (3.75%) to the capital construction account to be expended as provided by W.S. 9‑4‑604(k)(i) or to fund bonds the proceeds of which will be used under W.S. 9‑4‑604(g) and one and twenty-five hundredths percent (1.25%) to the highway fund;

(vii)  Two and seven-tenths percent (2.7%) to the public school capital construction account created by W.S. 21‑15‑111(a)(i);

(viii)  Repealed by Laws 1988, ch. 82, § 2.

(ix)  Two and twenty-five one-hundredths percent (2.25%), to the highway fund;

(A)  Repealed by Laws 1995, ch. 137, § 1.

(B)  Repealed by Laws 1995, ch. 137, § 1.

(C)  Repealed by Laws 1995, ch. 137, § 1.

(x)  Five-eighths percent (.625%) to the highway fund.

(A)  Repealed by Laws 1995, ch. 137, § 1.

(B)  Repealed by Laws 1995, ch. 137, § 1.

(b)  The state treasurer shall ascertain and withhold all bonus payments received from the federal government attributable to coal, oil shale or geothermal leases of federal land within Wyoming and shall distribute it as follows:

(i)  Fifty percent (50%), the first seven million five hundred thousand dollars ($7,500,000.00) of which shall be distributed as follows, but for the fiscal years beginning July 1, 2004 and July 1, 2005 any amount in excess of seven million five hundred thousand dollars ($7,500,000.00) shall be deposited in accordance with paragraph (v) of this subsection, and thereafter any amount in excess of seven million five hundred thousand dollars ($7,500,000.00) per year shall be deposited into the school capital construction account established under W.S. 21‑15‑111(a)(i):

(A)  Three-fourths (3/4) shall be credited to the capital construction account for the purposes specified in W.S. 9‑4‑604(k)(i) or to fund bonds the proceeds of which will be used under W.S. 9‑4‑604(g);

(B)  One-fourth (1/4) to the highway fund.

(ii)  Repealed By Laws 2001, Ch. 209, § 3.

(iii)  Repealed By Laws 1998, ch. 5, § 4.

(iv)  And:

(A)  Ten percent (10%) but not to exceed one million six hundred thousand dollars ($1,600,000.00) per year, to a separate account which may be expended by the community college commission in accordance with and in addition to appropriations available under W.S. 21‑18‑205(c). For the fiscal years beginning July 1, 2004 and July 1, 2005, any amount in excess of one million six hundred thousand dollars ($1,600,000.00) shall be deposited in accordance with paragraph (v) of this subsection.  Thereafter any amount in excess of one million six hundred thousand dollars ($1,600,000.00) together with any unexpended revenues within the account at the end of any biennial budget period shall be credited to the school capital construction account established under W.S. 21‑15‑111(a)(i);

(B)  For the fiscal years beginning July 1, 2004 and July 1, 2005, forty percent (40%) to be deposited in accordance with paragraph (v) of this subsection and thereafter to the school capital construction account established under W.S. 21‑15‑111(a)(i).

(v)  For the fiscal years beginning July 1, 2004 and July 1, 2005, after making the distributions provided for in paragraphs (i) and (iv) of this subsection the following amounts, as limited by and as reduced in accordance with this paragraph, shall be deposited in the business ready community account established by W.S. 9‑12‑602.  The amounts specified shall be deposited to the business ready community account in the fiscal year specified but only if as of July 1 of the specified fiscal year, using the most recent consensus revenue estimating group estimates, there is projected to be a positive balance in the school capital construction account as of June 30 of that fiscal year, after all appropriations from that account for the purposes specified in W.S. 21‑15‑111(a)(i), for that fiscal year are deducted. Amounts deposited to the business ready community account pursuant to this paragraph shall be deposited as provided by W.S. 9‑4‑602. These deposits shall be reduced as necessary to maintain a projected positive balance in the school capital construction account after all appropriations from that account for the purposes specified in W.S. 21‑15‑111(a)(i), for the applicable fiscal year, are deducted. After the amounts are deposited in the business ready community account in accordance with this paragraph, any remaining amounts shall be deposited in the school capital construction account established under W.S. 21‑15‑111(a)(i):

(A)  For the fiscal year commencing July 1, 2004 – seven million five hundred thousand dollars ($7,500,000.00);

(B)  For the fiscal year commencing July 1, 2005 – ten million dollars ($10,000,000.00).

(c)  Repealed by Laws 2000, Ch. 97, § 4.

(d)  Any revenue received under subsection (a) of this section in excess of two hundred million dollars ($200,000,000.00) shall be distributed as follows:

(i)  Repealed by Laws 2000, Ch. 97, § 4.

(ii)  Repealed by Laws 2000, Ch. 97, § 4.

(iii)  Subject to paragraphs (v) and (vi) of this subsection, one-third (1/3) to the school foundation program account;

(iv)  Two-thirds (2/3) to the budget reserve account; and

(v)  From the amounts which would otherwise be distributed to the school foundation program account under paragraph (iii) of this subsection, amounts shall be deposited to the excellence in higher education endowment fund and the Hathaway student scholarship endowment fund created by W.S. 9‑4‑204(u)(vi) and (vii) in accordance with and subject to the requirements of this paragraph.  The amounts specified in this paragraph shall be reduced as the state treasurer determines necessary to ensure that as of July 1 of each fiscal year, there is an unobligated, unencumbered balance of one hundred million dollars ($100,000,000.00) within the school foundation program account.  Distributions under this paragraph shall be as follows:

(A)  Seventy-nine percent (79%) to the Hathaway student scholarship endowment fund, until that account balance equals four hundred million dollars ($400,000,000.00);

(B)  Twenty-one percent (21%) to the excellence in higher education endowment fund until distributions to that fund under this subparagraph equal one hundred five million dollars ($105,000,000.00);

(C)  After the amounts specified in subparagraphs (A) and (B) of this paragraph are deposited to the appropriate fund, remaining funds shall be deposited pursuant to paragraph (vi) of this subsection and then to the school foundation program account as provided in paragraph (iii) of this subsection.

(vi)  From the amounts which would otherwise be distributed to the school foundation program account under paragraph (iii) of this subsection, there is annually appropriated to the common school permanent fund reserve account the amount determined under W.S. 9‑4‑719(g).  The appropriation shall be credited to the account as provided in W.S. 9‑4‑719(g).

(e)  Repealed By Laws 1998, ch. 5, § 4.

(f)  Repealed by Laws 2000, Ch. 97, § 4.

(g)  The state, should federal law not proscribe such action, is authorized and empowered to receive its gross percentage share of federal mineral royalties from the production of oil and gas which is due under the provisions of the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. §§ 181, 191) as amended, in the form of the actual production from federal mineral leases covered under that act of congress. If directed by the governor, the production shall be taken by the state in lieu of royalty receipts. The production shall be taken in the same percentage of volume as the gross percentage of royalty proceeds allowed by the act of congress.  Any sale or disposal of the production shall be administered by the director of the office of state lands and investments or his designee. The director, subject to criteria established by the governor, shall sell or dispose of any production taken by the state from federal mineral leases. Prior to receipt of any royalties, the director shall promulgate necessary rules and regulations to carry out this subsection.

(h)  Repealed by Laws 2002, Ch. 45, § 2, Ch. 62, § 2.

CHAPTER 15
WILDLIFE AND NATURAL RESOURCE FUNDING

ARTICLE 1
GENERAL PROVISIONS

9‑15‑101.  Short title.

This act shall be known and may be cited as the "Wyoming Wildlife and Natural Resource Funding Act."

9‑15‑102.  Definitions.

(a)  As used in this chapter:

(i)  "Board" means the Wyoming wildlife and natural resource trust account board created by W.S. 9‑15‑104;

(ii)  "Income account" means the Wyoming wildlife and natural resource trust income account created by W.S. 9‑15‑103(b);

(iii)  "Large project" means a project for which the total of all grants sought or previously awarded under this act equals or exceeds two hundred thousand dollars ($200,000.00);

(iv)  "Natural resource heritage" means renewable natural resources managed under a balanced stewardship that provides for the optimization of social, economic and cultural benefits for the citizens of Wyoming;

(v)  "Select committee" means the select natural resource funding committee created by W.S. 28‑11‑401;

(vi)  "Small project" means a project for which the total of all grants sought or previously awarded under this act is less than two hundred thousand dollars ($200,000.00);

(vii)  "Trust account" means the Wyoming wildlife and natural resource trust account created by W.S. 9‑15‑103(a);

(viii)  "This act" means W.S. 9‑15‑101 through 9‑15‑107.

9‑15‑103.  Wyoming wildlife and natural resource trust account created; income account created; expenditures; purposes.

(a)  A trust account is created to be known as the Wyoming wildlife and natural resource trust account. The trust account shall consist of those funds designated to the account by law and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations including those which are limited in their purposes by the grantor.  Title to any interest in any real property conveyed to the trust account shall be held in the name of the state of Wyoming and shall be administered by the board of land commissioners.  Funds deposited within the trust account are intended to be inviolate and constitute a perpetual trust account which shall be invested by the state treasurer as authorized under W.S. 9‑4‑715(a), (d) and (e) and in a manner to obtain the highest return possible consistent with preservation of the account corpus.

(b)  The state treasurer shall credit annually to a Wyoming wildlife and natural resource trust income account the interest earned from investment of the trust account corpus. The legislature may, from time to time, appropriate funds directly to the income account for distribution in accordance with the terms of this act.  Such specially appropriated funds shall be credited directly by the state treasurer to the income account and are available to the board for award of grants as otherwise permitted by this act.

(c)  Individuals and other entities may also grant, give, transfer, bequest or donate funds to the trust account or the income account.  Such funds shall be credited by the state treasurer to either the trust account or the income account, as appropriate, in a manner consistent with the conditions attached to their receipt.

(d)  The board may expend funds from the income account for staffing and other administrative expenses authorized under this act.  Additional disbursements from the income account shall be for the following purposes:

(i)  Improvement and maintenance of existing terrestrial habitat necessary to maintain optimum wildlife populations;

(ii)  Preservation of open spaces by purchase or acquisition of development rights;

(iii)  Improvement and maintenance of existing aquatic habitat necessary to maintain optimum fish populations;

(iv)  Acquisition of terrestrial or aquatic habitat when existing habitat is determined critical, or is present in minimal amounts, and acquisition presents the necessary factor in attaining or preserving desired wildlife or fish population levels;

(v)  Conservation, maintenance, protection and development of wildlife resources, the environment and Wyoming's natural resource heritage;

(vi)  Participation in water enhancement projects to benefit aquatic habitat for fish populations and allow for other watershed enhancements that benefit wildlife;

(vii)  To address and mitigate impacts detrimental to wildlife habitat, the environment and the multiple use of renewable natural resources attributable to residential, mineral and industrial development;

(viii)  To mitigate conflicts and reduce potential for disease transmission between wildlife and domestic livestock.

(e)  No funds shall be made available under this act for the reintroduction of any native or nonnative game or nongame species pursuant to the Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended.

(f)  The board shall not have the power of eminent domain.

(g)  No funds shall be disbursed under this act for fee simple title acquisition of real property, nor shall funds be disbursed under this act to purchase water rights to be held by the state of Wyoming.

(h)  The board shall not accept any fee simple interest in real property but shall make recommendations to the board of land commissioners regarding acceptance of any such interest.  The board of land commissioners shall only accept a fee simple interest in real property under this act, and the Wyoming wildlife and natural resource trust account board shall only accept any other interest in property if the property is willingly conveyed by the holder of the interest.  The board of land commissioners may in its sole discretion reject any offer to convey a fee simple interest in real property to any account under this act.  The Wyoming wildlife and natural resource trust account board may in its sole discretion reject any offer to convey any other interest in property to any account under this act.  Any appraisal of real property conducted at the direction of the board or the board of land commissioners under this act shall reflect the fair market value of the property.

(j)  The Wyoming wildlife and natural resource trust account board may recommend that the board of land commissioners dispose of any interest in real property within the trust account when the board determines that disposal of the interest would be in the best interests of the trust account.  The net proceeds from any disposition of real property pursuant to this subsection shall be deposited to the trust account.

(k)  No water right shall be accepted under this act as a gift, transfer, bequest or donation unless the right is attached to real property accepted under the terms of this act.  Any change of use of a water right acquired in this manner shall be done in full compliance with all provisions of Wyoming law.

(m)  The board shall not require public access to private land as a condition to receive any grant funds under this act.

9‑15‑104.  Wildlife and natural resource trust account board established; terms; meetings; duties.

(a)  There is created the Wyoming wildlife and natural resource trust account board. The board shall consist of nine (9) members appointed by the governor and confirmed by the senate, who are residents of Wyoming. The members shall be appointed from each of the appointment districts set forth in W.S. 5‑3‑101.  The board membership shall reflect a broad spectrum of experiences including wildlife, agriculture, energy, sportsmen and tourism.  Not more than five (5) members shall be of the same political party.

(b)  Except for the initial board, each appointed member of the board shall serve for a term of three (3) years. Of the initial appointees, three (3) members shall be appointed for one (1) year, three (3) members shall be appointed for two (2) years and three (3) members shall be appointed for three (3) years. The governor may remove any member as provided in W.S. 9‑1‑202. Any vacancy occurring between sessions of the legislature may be filled by the governor as provided under W.S. 28‑12‑101(b).  The board shall select one (1) of its members to serve as chair.

(c)  Administration of any funds administered by the board shall be by the secretary to the board, who shall be employed by the board.  The secretary shall not be housed in any agency which may be a grantee under this act.  The secretary to the board shall further act as liaison for the board to other state, federal and local governmental agencies, as well as nonprofit organizations and members of the public who seek to provide input regarding grant proposals.

(d)  The board shall meet regularly. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in the manner and amounts provided by law for state employees.

(e)  The board shall receive and evaluate applications for grants from the income account, shall forward applications for large projects to the select committee for review and recommendation.  The board may approve grants for any small project.  Funds in the income account are continuously appropriated for small project grants approved by the board and for approved large projects as specified by subsection (k) of this section.

(f)  The board shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to carry out its duties under this act, including rules to:

(i)  Establish criteria for grants from the income account which accomplish the purposes of this act;

(ii)  Establish criteria for matching funds or other in-kind contributions from grantees;

(iii)  Evaluate, rank and prioritize grant proposals with an emphasis on those projects that are partnerships involving private and public entities;

(iv)  Review and monitor grants to grantees;

(v)  Evaluate the effects of grant proposals on citizen access to public and state lands for hunting, fishing and recreation activities;

(vi)  Establish criteria for the acceptance or rejection of gifts, transfers, bequests and donations including interests in real or personal property, which criteria shall not be inconsistent with this act. Based on those criteria, the board shall make recommendations regarding the acceptance of any fee simple interest in real property to the board of land commissioners.  Based on those recommendations, the board of land commissioners shall make a final determination on acceptance or rejection of any fee simple interest in real property under this act;

(vii)  Consider the socioeconomic impacts of the grant proposal on the community affected;

(viii)  Consider other necessary matters.

(g)  In fulfilling its duties under this act the board may:

(i)  Consult with other governmental agencies, persons and nonprofit organizations, as necessary;

(ii)  Accept or decline federal grants and other contributions, grants, gifts, transfers, bequests and donations of any money, personal property or interests in real property other than a fee simple interest from any source. The board shall make recommendations regarding the acceptance of any fee simple interest in real property to the board of land commissioners;

(iii)  Participate with for profit corporations to develop wildlife habitat, but may not divert financial resources to a for profit corporation.

(h)  The board shall annually report to the governor, the joint appropriations interim committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than September 1 with respect to all federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the trust account and income account during the preceding fiscal year.  The report shall include all grants awarded by the board to nonprofit and governmental organizations and progress made toward the condition of any grant made.

(j)  Until the corpus of the trust account exceeds two hundred million dollars ($200,000,000.00) the governor may also include in his proposed state budget recommendations for additional funding of the corpus of the trust account.  The governor may also include in his proposed state budget recommendations for additional funding of the income account.

(k)  No funds shall initially be expended from the income account for large projects except upon specific legislative authorization. Following the initial legislative authorization to expend funds for a large project, the board may approve additional grants for that large project not to exceed a total of an additional one hundred thousand dollars ($100,000.00) and shall forward a notice of any such additional grant to the select committee within thirty (30) days of each approval. Subsequent legislative authorization shall be required for any grant in excess of the limits of this subsection.

9‑15‑105.  Grant applications; eligible entities.

(a)  The board may only grant funds to nonprofit and governmental organizations.  The board shall award grants to promote, preserve and enhance the wildlife, multiple use, natural resource and environmental heritage of Wyoming and its people.  The board shall have the discretion to determine the amount of each grant and any conditions attached to the grant.  For the purposes of this act, a grant shall not be used for the acquisition of a fee title interest in real property or any interest in water rights to be held by the state of Wyoming. Grant funds may be used for acquisition of personal property related to the project receiving the grant.

(b)  Grants by the board shall not provide a supplement to, or replacement of, the operating budget of any governmental agency or nonprofit organization except as those funds are directly related to the purposes of the grant.

(c)  No grants shall be awarded until rules and regulations adopted by the board pursuant to W.S. 9‑15‑104(f) have become effective.

9‑15‑106.  Audits.

The director of the department of audit or his designee shall audit the trust account annually. Copies of the audit shall be provided to the governor, the joint appropriations interim committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee.

9‑15‑107.  Application to mineral estates.

11‑6‑210.  Creation of predator management district fund; predator management fees; donations; appropriation by county commissioners.

(a)  At the time of collecting brand inspection fees imposed under W.S. 11‑20‑401 and 11‑20‑402, the brand inspector shall collect predator management fees on all sheep, goats and cattle inspected within each predator management district. However, predator management fees shall not be collected on cattle, sheep and goats shipped into this state for immediate sale or slaughter. The amount of the fee for each predator management district shall be established by each predator management district board in consultation with the state predator management advisory board and shall not exceed one dollar ($1.00) per head on sheep, goats and cattle. The directors elected pursuant to W.S. 11‑6‑202(a)(i) and (ii) from each predator management district board shall annually determine the predator management fee to be charged and collected in the district taking into consideration comments solicited from the producers present at the district's annual meeting as provided for in W.S. 11‑6‑203, who have paid predator management fees within the district during the preceding twelve (12) months and shall inform the livestock board of the fee prior to January 1 each year. The fee shall not be collected on the same livestock more than once in any twelve (12) month period.  The livestock board may retain not to exceed five percent (5%) of the revenues collected for the actual cost of collecting the predator management fee. Remaining revenues collected by the livestock board under this section shall be remitted to the state treasurer for deposit in an account. The state treasurer, on a quarterly basis, shall distribute the revenues to the county treasurer of the county from which the shipment originated unless, at the time of payment of the fees, the livestock owner designates the fees to be distributed in total to another county in this state in which the livestock are fed or pastured.  The county treasurer shall deposit revenues distributed under this subsection into a special continuing fund, to be known as the "Predator Management District Fund of .... County" and to be administered by the predator management board of that district.

(b)  Repealed by Laws 1990, ch. 87, § 3.

(c)  Repealed by Laws 1990, ch. 87, § 3.

(d)  The district board may receive donations and appropriations of money from any source, and such donations and appropriations shall be placed in the district fund by the county treasurer upon request of the district board. Nothing in W.S. 11‑6‑201 through 11‑6‑210 shall be construed to prohibit boards of county commissioners from appropriating funds for the purpose of controlling predatory animals and predacious birds, and such appropriation by boards of county commissioners is authorized.

(e)  Repealed by Laws 1990, ch. 87, § 3.

(f)  Notwithstanding subsection (a) of this section, the amount of the annual predator management fee for sheep, goats and cattle shipped into this state for confinement in a commercial feedlot shall not exceed twenty-five cents ($0.25) per head on sheep, goats and cattle. For purposes of this subsection, "commercial feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce.  A pasture, field or other enclosure, fenced or unfenced, shall not be considered a commercial feedlot for purposes of this subsection.  The predator management district board shall have the authority to determine if a facility qualifies as a commercial feedlot as defined in this subsection.

(g)  After January 1, 1992 each predator management district board shall annually allocate five percent (5%) of all predator management fee collections to be used for refunds, in whole or in part.  If a refund is requested the board shall pay the refund within one hundred eighty (180) days of application.  Refunds under this subsection shall be subject to the following:

(i)  To be valid, the application for refund shall be received no later than sixty (60) days after the end of the calendar year in which the fee was paid;

(ii)  No person receiving a refund shall receive any predatory animal control services funded in whole or in part by the predatory animal control fees until that person has paid one hundred fifty percent (150%) of all refunds received during the year in which the services were sought and the three (3) preceding calendar years; and

(iii)  All monies not paid in refunds shall annually revert to the district predator management account on July 1 of the following year.

(h)  Notwithstanding subsection (a) of this section, no predatory animal control fee shall be collected on livestock shipped or trailed within this state if change of ownership does not occur.

(j)  Any person failing to pay the predator animal control fee imposed by subsection (a) or (f) of this section shall be punished as provided by W.S. 11‑1‑103.

(k)  In addition to the other fees imposed by this section, any person paying the predator control fee may pay an additional ten cents ($.10) per head to fund the predator management activities of the Wyoming animal damage management board created by W.S. 11‑6‑303. Any fees collected pursuant to this subsection shall be deposited in the animal damage management account created by W.S. 11‑6‑306.

(m)  After July 1, 2002 and before December 1, 2002, a predatory animal district board may hold a special meeting during which an adjustment of the predatory animal control fee set under subsection (a) of this section may be made for the balance of calendar year 2002.  The special meeting shall be held pursuant to the procedures found in W.S. 11‑6‑203(a)(ii) and (iii) except that the notice shall state the time and place and that a fee increase shall be considered.  The board shall immediately notify in writing the livestock board of any fee adjustment made under this subsection.  The fee adjustment shall take effect thirty (30) days after the date of mailing of the notice to the livestock board and shall remain in effect through December 31, 2002.

(n)  If a livestock producer requests predator management services from the district board representing the county in which the producer is pasturing or housing livestock, and no predator management fees have been collected from the producer within the previous twelve (12) months, or if the fees have been refunded, the board may charge a service fee to recover reasonable and actual costs of the predator management services provided.

ARTICLE 2
WYOMING PUBLIC LIBRARY ENDOWMENT CHALLENGE PROGRAM

18‑7‑201.  Wyoming public library endowment challenge program.

The Wyoming public library endowment challenge program is created.

18‑7‑202.  Definitions.

(a)  As used in this article:

(i)  "Challenge fund" means the public library endowment challenge fund created under this article;

(ii)  "Endowment gift" means an irrevocable gift or transfer to a Wyoming public library foundation of money or other property, whether real, personal, tangible or intangible, and whether or not the donor or transferor retains an interest in the property, where the gift of the foundation's interest in the property is required to be used by the foundation exclusively for endowment purposes, where:

(A)  The gift was received or the transfer occurred during the period July 1, 2008, through June 30, 2013; or

(B)  A commitment to make the gift or transfer was made in writing to the respective public library foundation, which commitment was received during the period July 1, 2008, through June 30, 2013, and the gift was received or the transfer occurred not later than December 31, 2014.

(iii)  "Foundation" means an organization established for each public library that among other purposes, exists to generate additional revenues for public library programs and activities;

(iv)  "Match" means the level of funds the state treasurer will provide to each public library foundation, where:

(A)  The amount disbursed by the state treasurer will be three (3) times the amount raised by the library foundation of any of the following counties: Albany, Big Horn, Hot Springs, Platte, Crook, Weston, Washakie, Goshen and Niobrara;

(B)  The amount disbursed by the state treasurer will be two (2) times the amount raised by the library foundation of any of the following counties: Johnson, Lincoln, Carbon, Uinta, Laramie, Park, Sheridan and Converse;

(C)  The amount disbursed by the state treasurer will be equal to the amount raised by the library foundation of any of the following counties: Campbell, Sublette, Sweetwater, Fremont, Natrona and Teton.

(v)  "Permanent endowment funds managed by a Wyoming public library foundation" means the endowment funds that are invested by the respective Wyoming public library foundation on a permanent basis and the earnings on those investments are dedicated to be expended exclusively to benefit and promote the mission, operation or any program or activity of the respective public library, including but not limited to augmentation of collections, programs and projects, capital improvements, increases to the corpus of the endowment and defraying reasonable costs of endowment administration.

18‑7‑203.  Wyoming public library endowment challenge fund.

(a)  The Wyoming public library endowment challenge fund is created and shall consist of twenty-three (23) separate accounts, one (1) account for each Wyoming public library established pursuant to W.S. 18‑7‑101.

(b)  The state treasurer shall invest funds within the fund created under subsection (a) of this section and shall deposit the earnings from fund investments to the general fund.

18‑7‑204.  Endowment challenge fund matching program; matching payments; agreements with foundations; annual reports.

(a)  To the extent funds are available in the separate account of any public library within the endowment challenge fund, the state treasurer shall match endowment gifts actually received by that public library's foundation.  A match shall be paid under this subsection by the state treasurer at the time any accumulated amounts actually received by a public library foundation total ten thousand dollars ($10,000.00) or more.  The match shall be made by transferring from the separate challenge fund account to the appropriate public library a match amount calculated as provided by W.S. 18‑7‑202(a)(iv).  The recipient public library shall immediately transfer matching funds received under this subsection to the public library foundation.

(b)  Each public library shall enter into an agreement with its foundation under which the foundation shall manage the matching funds received under subsection (a) of this section and under W.S. 18‑7‑205 in the same manner as other permanent endowment funds are managed by its foundation, including the permanent investment of funds, maintenance of the fund corpus as inviolate and the expenditure of fund earnings for endowment purposes only.

(c)  Earnings from endowment funds established with matching funds under this section, and funds received under W.S. 18‑7‑205, shall be expended only for the purpose of the endowment, including increasing the balance in the fund corpus and reasonable costs of administration.

(d)  The state treasurer shall make transfers to the appropriate public library under this section not later than the end of the calendar quarter following the quarter during which foundation gifts total at least ten thousand dollars ($10,000.00).  If gifts are made through a series of payments or transfers, no matching funds shall be transferred under this section until the total value of all payments or transfers actually received totals at least ten thousand dollars ($10,000.00).

(e)  Matching funds transferred under this article shall not be distributed to or encumbered by any public library foundation in excess of the amount in the challenge fund account for that library.  Matching funds shall not be transferred to any public library by the state treasurer except to match gifts actually received by its foundation.

(f)  If any public library board determines that the purpose of an endowment gift to the public library's foundation is not consistent with the mission or capability of that library, the gift shall not qualify for matching funds under this section.

(g)  For the purpose of computing the matching amount, the state treasurer shall use the value of an endowment gift based upon its fair market value at the time the gift is received by the public library foundation.  The public library shall provide evidence of fair market value for any gift if requested by the state treasurer and shall fund the cost of providing any requested evidence.

(h)  Each public library shall on or before October 1 of each year, submit a report to the state treasurer from its foundation on the endowment matching program under this section for the preceding fiscal year.  The report shall include a summary of funds raised under this program and the expenditure of endowment earnings.  The report required under this subsection shall be for each applicable fiscal year through June 30, 2015.

18‑7‑205.  Additional transfer of funds.

(a)  In addition to the transfer of matching funds authorized under W.S. 18‑7‑204, when the state treasurer determines that the cumulative amount of endowment gifts received by all twenty-three (23) of the public library foundations has reached two million three hundred thousand dollars ($2,300,000.00), the treasurer shall transfer to each of the public libraries, from its separate challenge fund account, the amount of one hundred thousand dollars ($100,000.00) or the amount of the balance remaining in the library's challenge fund account, whichever is less.

(b)  A library receiving funds under this section shall immediately transfer the funds to its public library foundation.

ARTICLE 9
UNIVERSITY OF WYOMING ENDOWMENT FUND

21‑16‑901.  University of Wyoming endowment challenge program.

The University of Wyoming endowment challenge program is created.

21‑16‑902.  Definitions.

(a)  As used in this article:

(i)  "Challenge account" means the university endowment challenge account established under W.S. 21‑16‑903;

(ii)  "Permanent endowment funds managed by the University of Wyoming foundation" means the endowment funds that are invested by the University of Wyoming foundation on a permanent basis and regarding which earnings on those investments are dedicated to be expended exclusively to benefit and promote the mission, operation or any program or activity of the University of Wyoming, including but not limited to professorships and student scholarships, increases to the corpus of the endowment and defraying reasonable costs of endowment administration;

(iii)  "Substantial endowment gift" means an irrevocable gift or transfer to the University of Wyoming foundation of money or other property by a donor where:

(A)  The gift or the foundation's interest in the property is conditioned on it being used by the foundation exclusively for endowment purposes;

(B)  Except as provided by W.S. 21‑16‑904(a)(ix) for fallen heroes endowments, the gift or property transferred has a fair market value of at least fifty thousand dollars ($50,000.00); and

(C)  The following apply:

(I)  The gift was received or the transfer occurred on or after March 1, 2001. Payments are not eligible to be matched if they are part of a gift for which some payment was received prior to March 1, 2001;

(II)  If a commitment to make the gift or transfer is made in writing to the university foundation on or after March 1, 2001, to qualify for the match, the gift shall actually be received or the transfer shall actually occur not later than December 31 of the fifth calendar year following the calendar year in which the written commitment was made to the university foundation;

(III)  Members of a single family may aggregate their individual gifts to meet the minimum dollar threshold required for matching funds.  Gifts from nonfamily members in memory of a deceased individual may also be aggregated to meet the minimum dollar threshold required for matching funds.

21‑16‑903.  University endowment challenge account.

(a)  The university endowment challenge account is created.

(b)  The state treasurer shall invest amounts deposited within the account in accordance with law, and all investment earnings shall be credited to the general fund. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) or 9‑4‑207, other funds within the account shall not lapse or revert until directed by the legislature and shall remain available for distribution as provided in this article.

21‑16‑904.  Endowment challenge fund matching fund program; matching payments; agreements with university foundation; annual reports; reversions of appropriations.

(a)  The state treasurer shall administer the matching fund program established under this section.  The following shall apply to the program:

(i)  To the extent that funds are available in the challenge account, the state treasurer shall match each substantial endowment gift actually received by the University of Wyoming foundation by transferring from the challenge account to the university an amount equal to the amount of the substantial endowment gift.  Endowment gifts made directly to the university shall be endowment gifts to the foundation for purposes of this section.  The university shall manage both the endowment gifts and the matching funds in the same manner as other endowment funds, but otherwise subject to the provisions of this section;

(ii)  The state treasurer shall make transfers to the university under this section not later than the end of the calendar quarter following the quarter during which the gift is received.  Where a gift is made through a series of payments or transfers, except as provided in paragraph (ix) of this subsection, no matching funds shall be transferred by the state treasurer until the total value of all payments or transfers actually received toward the gift totals at least fifty thousand dollars ($50,000.00).  Thereafter, matching funds shall be transferred as payments or transfers toward that gift are received by the foundation;

(iii)  The university shall immediately transfer all matching funds received to the university foundation to be permanently invested.  The university shall enter into a new agreement or modify its existing agreement with the University of Wyoming foundation under which the foundation shall manage the matching funds it receives in the same manner as other permanent endowment funds managed by the University of Wyoming foundation.  Only the earnings from the investment of these funds may be expended.  These earnings shall be expended exclusively for the purposes of the endowment, including increasing the balance in the corpus and for reasonable costs of administration;

(iv)  The state treasurer shall distribute funds or encumber funds for future distribution in the case of a written commitment, to match a substantial endowment gift based on the order in which each substantial endowment gift is actually received or in which a written commitment to make a substantial endowment gift is received by the foundation.  Matching funds shall not be distributed or encumbered in excess of the amount in the challenge account.  In no event shall matching funds be transferred to the university except to match substantial endowment gifts actually received.  The state treasurer shall rescind an encumbrance if the university notifies him that a donor who made a commitment will not make a substantial endowment gift that qualifies for matching funds under this section;

(v)  If the president of the university determines that the purpose of a substantial endowment gift to the foundation is not consistent with mission or capability of the university, the gift shall not qualify for the matching program under this section;

(vi)  For the purpose of calculating the matching amount only, the state treasurer shall use the value of a substantial endowment gift based on its fair market value at the time the gift is received by the university foundation.  The university shall provide evidence of fair market value as the state treasurer requires for each substantial endowment gift.  The state treasurer's office shall not bear any costs associated with providing evidence;

(vii)  The University of Wyoming shall on or before October 1 of each year submit a report to the state treasurer from the foundation regarding the endowment matching program established under this section for the preceding fiscal year.  The report shall include a financial summary and a review of the accomplishments resulting from endowment program expenditures.  The state treasurer shall distribute the report to the governor and the legislature;

(viii)  Repealed By Laws 2009, Ch. 52, § 3.

(ix)  To the extent funds are available in the challenge account, the state treasurer shall distribute matching funds not to exceed five thousand dollars ($5,000.00) for each fallen heroes endowment as follows:

(A)  Two thousand dollars ($2,000.00) for the first one thousand dollars ($1,000.00) actually received in a fallen heroes endowment; and

(B)  Three thousand dollars ($3,000.00) for an additional one thousand dollars ($1,000.00) received in a fallen heroes endowment, excluding any funds deposited in a fallen heroes endowment pursuant to this paragraph.

(b)  Any funds appropriated to a university endowment fund by the legislature shall be credited to the university fund endowment challenge account under W.S. 21‑16‑903.

ARTICLE 10
UNIVERSITY OF WYOMING ATHLETICS CHALLENGE FUND

21‑16‑1001.  Definitions.

(a)  As used in this article:

(i)  "Challenge account" means the university athletics challenge account established under W.S. 21‑16‑1002;

(ii)  "Qualifying contribution" means a transfer of money or other property of a value of not less than twenty-five thousand dollars ($25,000.00) to the University of Wyoming foundation to be expended exclusively for university intercollegiate athletic facilities consistent with the 2003 intercollegiate athletics plan approved by the university board of trustees. The commitment for a qualifying contribution or the contribution itself shall be made on or after September 13, 2003. The contribution shall be actually received by the University of Wyoming foundation on or before December 31 of the fifth calendar year following the calendar year in which the written commitment was made to the university foundation.  Members of a single family may aggregate their individual gifts to meet the minimum dollar threshold required for matching funds.  Gifts from nonfamily members in memory of a deceased individual may also be aggregated to meet the minimum dollar threshold required for matching funds.

(iii)  Repealed By Laws 2009, Ch. 52, § 3.

21‑16‑1002.  University athletics challenge account.

(a)  The university athletics challenge account is created.

(b)  The state treasurer shall invest amounts deposited within the account in accordance with law.  All investment earnings shall be credited to the general fund.  Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) or 9‑4‑207, other funds within the account shall not lapse or revert until directed by the legislature and shall remain available for distribution as provided in this article.

21‑16‑1003.  Athletics challenge matching program; state treasurer to administer program account; matching payments; conditions; annual reports; reversion of appropriations.

(a)  The state treasurer shall administer the university athletics challenge account established under this article.  The following shall apply:

(i)  To the extent that funds are available in the challenge account, the state treasurer shall match each qualifying contribution actually received by the University of Wyoming foundation by transferring from the challenge account to the university an amount equal to the amount of the qualifying contribution.  Qualifying contributions made directly to the university shall be considered qualifying contributions to the foundation for purposes of this article.  The university shall expend both the qualifying contributions and the matching funds solely for the cost of establishing new or renovating existing university intercollegiate athletics facilities consistent with the 2003 intercollegiate athletics plan approved by the university board of trustees.  Authorized expenditures for intercollegiate athletic facilities include but are not limited to all expenditures necessary for planning, designing, procuring contractors, construction management and actual construction;

(ii)  The state treasurer shall make transfers to the university under this section not later than the end of the calendar quarter following the quarter during which the qualifying contribution is received. If a qualifying contribution is made through a series of payments or transfers, no matching funds shall be transferred by the state treasurer until the total value of all payments or transfers actually received toward the contribution totals at least twenty-five thousand dollars ($25,000.00).  Thereafter, matching funds shall be transferred as payments or transfers toward that qualifying contribution are received by the foundation;

(iii)  The state treasurer shall distribute funds or encumber funds for future distribution in the case of a written commitment, to match a qualifying contribution based on the order in which each qualifying contribution is actually received or in which a written commitment to make a qualifying contribution is received by the foundation.  Matching funds shall not be distributed or encumbered in excess of the amount within the challenge account.  No matching funds shall be transferred to the university except to match qualifying contributions actually received.  The state treasurer shall rescind an encumbrance if the university notifies him that a donor who made a commitment will not make a qualifying contribution that is eligible for matching funds under this section;

(iv)  For the purpose of calculating the matching amount only, the state treasurer shall use the value of a qualifying contribution based on its fair market value at the time the contribution is received by the university foundation.  The university shall provide evidence of fair market value as the state treasurer requires for each qualifying contribution.  The state treasurer's office shall not bear any costs associated with providing evidence;

(v)  The University of Wyoming shall on or before October 1 of each calendar year submit a report to the state treasurer from the university foundation regarding the matching program established under this section for the preceding fiscal year. The report shall include a financial summary and a review of the accomplishments resulting from program expenditures. The state treasurer shall distribute the report to the governor and the joint education interim committee.

(vi)  Repealed By Laws 2009, Ch. 52, § 3.

(vii)  Repealed By Laws 2009, Ch. 52, § 3.

21‑16‑1101.  Wyoming community college endowment challenge program.

The Wyoming community college endowment challenge program is created.

21‑16‑1102.  Definitions.

(a)  As used in this article:

(i)  "Challenge fund" means the community college endowment challenge fund created under this article;

(ii)  "Endowment gift" means an irrevocable gift or transfer to a Wyoming community college foundation of money or other property, whether real, personal, tangible or intangible, and whether or not the donor or transferor retains an interest in the property, where the gift or the foundation's interest in the property is required to be used by the foundation exclusively for endowment purposes, where:

(A)  The gift was received or the transfer occurred on or after July 1, 2004; or

(B)  A commitment to make the gift or transfer was made in writing to the respective community college foundation, which commitment was received on or after July 1, 2004, and the gift was received or the transfer occurred not later than December 31 of the fifth calendar year following the calendar year in which the written commitment was made.

(iii)  "Foundation" means an organization established for each community college that among other purposes, exists to generate additional revenues for community college programs and activities;

(iv)  "Permanent endowment funds managed by a Wyoming community college foundation" means the endowment funds that are invested by the respective Wyoming community college foundation on a permanent basis and the earnings on those investments are dedicated to be expended exclusively to benefit and promote the mission, operation or any program or activity of the respective community college, including but not limited to professorships and student scholarships, increases to the corpus of the endowment and defraying reasonable costs of endowment administration.

21‑16‑1103.  Wyoming community college endowment challenge fund.

(a)  The Wyoming community college endowment challenge fund is created and shall consist of seven (7) separate accounts, one (1) account for each Wyoming community college.

(b)  The state treasurer shall invest funds within the fund created under subsection (a) of this section and shall deposit the earnings from fund investments to the general fund.  Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) or 9‑4‑207, other funds within the fund shall not lapse or revert until directed by the legislature and shall remain available for distribution as provided in this article.

21‑16‑1104.  Endowment challenge fund matching program; matching payments; agreements with foundations; annual reports.

(a)  To the extent funds are available in the separate account of any community college within the endowment challenge fund, the state treasurer shall match endowment gifts actually received by that community college's foundation. Except as provided in subsection (k) of this section, a match shall be paid under this subsection by the state treasurer at the time any accumulated amounts actually received by a community college foundation total ten thousand dollars ($10,000.00) or more. The match shall be made by transferring from the separate challenge fund account to the appropriate community college an amount equal to the amount accumulated by its foundation. The recipient community college shall immediately transfer matching funds received under this subsection to the community college foundation.

(b)  Each community college district shall enter into an agreement with its foundation under which the foundation shall manage the matching funds received under subsection (a) of this section in the same manner as other permanent endowment funds are managed by its foundation, including the permanent investment of funds, maintenance of the fund corpus as inviolate and the expenditure of fund earnings for endowment purposes only.

(c)  Earnings from endowment funds established with matching funds under this section shall be expended only for the purpose of the endowment, including increasing the balance in the fund corpus and reasonable costs of administration.

(d)  Except as provided in subsection (k) of this section, the state treasurer shall make transfers to the appropriate community college under this section not later than the end of the calendar quarter following the quarter during which foundation gifts total at least ten thousand dollars ($10,000.00). Except as provided in subsection (k) of this section, if gifts are made through a series of payments or transfers, no matching funds shall be transferred under this section until the total value of all payments or transfers actually received totals at least ten thousand dollars ($10,000.00).

(e)  Except as provided under subsection (f) of this section, matching funds paid under this section shall not be distributed to or encumbered by any community college foundation in excess of the amount in the challenge fund account for that college. Except to the extent authorized under subsection (f) of this section, matching funds shall not be transferred to any community college by the state treasurer except to match gifts actually received by its foundation.

(f)  Notwithstanding subsection (e) of this section, matching funds may be distributed to or encumbered by a community college foundation in excess of the amount within the challenge fund account of that college if:

(i)  Endowment gifts for that college exceed the amount within its challenge fund account;

(ii)  The college enters into a written agreement with another college having unencumbered amounts remaining within its challenge fund account;

(iii)  The college with unencumbered amounts within its account agrees to transfer any portion of its unencumbered amount to that college;

(iv)  Matching funds transferred by the state treasurer for amounts transferred between colleges pursuant to this subsection shall be divided equally between the colleges participating in the agreement.

(g)  If the president of any community college determines that the purpose of an endowment gift to the community college's foundation is not consistent with the mission or capability of that college, the gift shall not qualify for matching funds under this section.

(h)  For the purpose of computing the matching amount, the state treasurer shall use the value of an endowment gift based upon its fair market value at the time the gift is received by the community college foundation. The community college shall provide evidence of fair market value for any gift if requested by the state treasurer and shall fund the cost of providing any requested evidence.

(j)  Each community college shall on or before October 1 of each year submit a report from its foundation to the state treasurer and the community college commission on the endowment matching program under this section for the preceding fiscal year. The report shall include a financial summary and a review of the accomplishments resulting from endowment program expenditures.

(k)  To the extent funds are available in the separate account of any community college within the endowment challenge fund, the state treasurer shall distribute matching funds not to exceed five thousand dollars ($5,000.00) for each fallen heroes endowment as follows:

(i)  Two thousand dollars ($2,000.00) for the first one thousand dollars ($1,000.00) actually received in a fallen heroes endowment; and

(ii)  Three thousand dollars ($3,000.00) for an additional one thousand dollars ($1,000.00) actually received in a fallen heroes endowment, excluding any funds deposited in a fallen heroes endowment pursuant to this paragraph.

ARTICLE 12
HIGHER EDUCATION ENDOWMENT ACCOUNTS

21‑16‑1201.  Excellence in higher education endowment fund; Hathaway student scholarship endowment fund; distributions by state treasurer; legislative restrictions.

(a)  The excellence in higher education endowment fund is created as provided by W.S. 9‑4‑204(u)(vi).

(b)  In addition to the excellence in higher education endowment fund, a student scholarship endowment fund, to be known as the Hathaway student scholarship endowment fund, is established as provided by W.S. 9‑4‑204(u)(vii).

(c)  The state treasurer shall place earnings from the investment of monies in the excellence in higher education endowment fund in an income account for subsequent disbursement as provided in this subsection. Earnings for any fiscal year which are in excess of the spending policy amount established pursuant to W.S. 9‑4‑719(o) shall be distributed as provided by W.S. 9‑4‑719(m).  Earnings within the spending policy amount shall be distributed on a quarterly basis as follows:

(i)  Two-thirds (2/3) to the University of Wyoming;

(ii)  The remaining one-third (1/3)  equally to each Wyoming community college.

(d)  Commencing with the fiscal year beginning July 1, 2006, earnings from the Hathaway student scholarship endowment fund created by this article shall be transferred by the state treasurer to the Hathaway scholarship expenditure account created by W.S. 21‑16‑1302.

21‑16‑1202.  Excellence in higher education endowment fund distributions to University of Wyoming.

(a)  Repealed By Laws 2007, Ch. 148, § 2.

(b)  The university shall use the earnings received under W.S. 21‑16‑1201(c)(i) to establish endowed faculty positions and to acquire instructional and resource materials, classroom equipment and other resources necessary to support the work of endowed faculty.  The following shall govern the university in the use of these funds:

(i)  Funds shall be used for recruitment or retention of faculty with established reputations for excellence in research or instruction and whose presence enhances the educational quality and reputation of the university.  As the primary mission of the university is the provision of quality undergraduate and graduate education, faculty selected for research abilities shall also instruct classes in accordance with established university policy;

(ii)  Not less than two-thirds (2/3) of the earnings received shall be used for the recruitment and retention of faculty possessing abilities necessary to expand university instruction and research in disciplines related to economic and social challenges facing Wyoming, including but not limited to energy, natural resources, wildlife, science, earth sciences, health sciences, agriculture, education and engineering.  The purpose of this paragraph is to provide university assistance to the state of Wyoming and its residents to the broadest extent possible, through the diversification of its economy, preservation of its natural and human resources and the enhancement of its quality of life. Not less than four (4) faculty recruited and retained under this paragraph shall be in the college of education;

(iii)  The remaining earnings received shall be used for the recruitment and retention of faculty with established reputations in teaching and research excellence in other areas of distinction as identified in the university academic plan, including disciplines important to the state and region and its history and culture such as business, arts and humanities, mathematics, cultural studies, economics and law. The purpose of this paragraph is to enhance undergraduate and graduate instruction, to prepare students to become productive and contributing members of society and to promote an appreciation of arts, humanities and other cultures and interests affecting quality of life;

(iv)  Selection of areas of excellence for endowed faculty chairs shall be:

(A)  Made only after the university conducts public hearings for determination of state-wide interest;

(B)  Based upon a survey sampling Wyoming high school students' career interests; and

(C)  Developed by the university through other appropriate means to determine sustainable, long-term programs for the benefit of current and future Wyoming generations.

(c)  The university may collaborate with community colleges on the use of earnings received from the excellence in higher education endowment fund.

21‑16‑1203.  Excellence in higher education endowment fund distributions to Wyoming community colleges.

(a)  Repealed By Laws 2007, Ch. 148, § 2.

(b)  Each community college shall use the earnings received under W.S. 21‑16‑1201(c)(ii) as provided by this section to establish endowed faculty positions and to acquire instructional and resource materials, classroom equipment and other resources necessary to support the work of the endowed faculty. The following shall govern each community college in the use of these funds:

(i)  Funds shall be used for recruitment or retention of faculty, either permanent or temporary, possessing special skills or demonstrated excellence improving the quality of educational and outreach instruction;

(ii)  The earnings received shall be used for the recruitment and retention of faculty with abilities necessary to establish or expand vocational programs and program quality benefiting communities, businesses and industries within respective service areas.  The purpose of this paragraph is to enhance the ability of community colleges to prepare students for a lifetime of higher wages and expanded job opportunities, to provide local and regional businesses and industries with an improved, better trained and better educated workforce and to increase the economic stability of proximate communities and the entire state;

(iii)  Earnings not expended pursuant to paragraph (ii) of this subsection which are received shall be used for the recruitment and retention of faculty with established reputations in academic areas offered by each individual community college.  The purpose of this paragraph is to improve the ability of colleges to better prepare students to pursue bachelor and graduate degrees at the University of Wyoming or other four (4) year institutions and offer additional courses of outreach instruction to high school and adult populations within their service areas.

(c)  The community colleges may collaborate with the University of Wyoming on the use of earnings received from the excellence in higher education endowment fund.

21‑16‑1204.  Annual reports; review by committees.

(a)  Not later than October 1, 2006, and October 1 of each year thereafter, the University of Wyoming and each Wyoming community college shall report to the joint appropriations and joint education interim committees of the legislature and to the governor on the use and expenditure of earnings from the excellence in higher education endowment fund pursuant to this article, including the following:

(i)  Faculty positions partially or fully funded through the endowment program;

(ii)  The name of each faculty member filling a position identified under paragraph (i) of this subsection, together with that individual's education and experience and a summary of his research and instructional activities during the preceding academic year;

(iii)  A description of the benefits of the research or instruction provided by the individual filling a position identified under paragraph (i) of this subsection during the preceding academic year, to students, businesses, industries or to other Wyoming residents as required under this article;

(iv)  Reserve fund distributions pursuant to W.S. 9‑4‑719(n).

ARTICLE 13
HATHAWAY SCHOLARSHIP PROGRAM

21‑16‑1301.  Definitions.

(a)  As used in this article:

(i)  "Academic term" means the fall semester or term or the spring semester or term.  In this article, "term" and "semester" have the same meaning except that recipients may elect to use the scholarship during summer school, which counts toward the maximum number of terms for which the student is eligible but does not count toward computation of an academic year;

(ii)  "Academic year" means two (2) consecutive semesters or terms and is the period of time a full-time student is expected to complete the equivalent of at least two (2) semesters of academic work;

(iii)  "ACT score" means a composite score on the American College Test or an equivalent score on the Scholastic Aptitude Test;

(iv)  "Certificate" means a credential other than a degree as defined in paragraph (vi) of this subsection. A "certificate" is either an associate of applied science degree or indicates satisfactory completion of training in an academic year program of study offered by a Wyoming community college;

(v)  "Cost of attendance" means the sum cost of tuition, mandatory fees, room and board, books and supplies, travel and personal expenses to attend an eligible institution as determined annually by the institution in accordance with W.S. 21‑16‑1306(b);

(vi)  "Degree" means a baccalaureate, an associate degree other than a certificate and a graduate or professional degree;

(vii)  "Department" means the Wyoming department of education;

(viii)  "Eligible high school" means a public or private secondary school that is located in Wyoming and is accredited or licensed by the department or is exempt from licensure pursuant to W.S. 21‑2‑406(a)(i);

(ix)  "Eligible institution" means the University of Wyoming or a Wyoming community college;

(x)  "Equivalent of a full-time semester" means twelve (12) semester hours in a semester;

(xi)  "Expenditure account" means the Hathaway scholarship expenditure account established under W.S. 21‑16‑1302;

(xii)  "Grade point average" or "GPA" means the numbered grade average calculated using a 4.0 scale;

(xiii)  "Graduate of an out-of-state high school" means a person attending and graduating from an out-of-state high school pursuant to W.S. 21‑4‑501 or 21‑4‑505(a);

(xiv)  "Satisfactory academic progress" means completing at least six (6) semester hours per semester if enrolled for less than twelve (12) semester hours and completing at least twelve (12) semester hours per semester if enrolled for twelve (12) or more semester hours, and meeting such other criteria as established by the eligible institution to ensure the student earns his degree or certificate in a timely manner.  The student's hours of enrollment for purposes of this paragraph shall be the same number of hours of enrollment used to determine the state's obligation to reimburse the eligible institution for the student's scholarship under this article. Satisfactory academic progress shall be determined annually following the spring semester, but a student's scholarship may be reinstated pursuant to W.S. 21‑16‑1304(f)(i) or 21‑16‑1305(d)(i) following any semester or summer school session;

(xv)  "Scholarship" means an award provided pursuant to W.S. 21‑16‑1304, 21-16-1305 or 21-16-1306;

(xvi)  "Semester hour" means each nonremedial semester hour attempted for credit toward a degree or certificate, excluding any semester hour attempted before earning a high school diploma or a general educational development (GED) equivalency diploma;

(xvii)  "Title IV" means Title IV of the federal Higher Education Act of 1965, as amended;

(xviii)  "Unmet financial need" means the cost of attendance minus the sum of expected family contribution and all federal, state, local, institutional and privately funded scholarships or grants received by the student, all as determined by the eligible institution.  The institution shall use the most recent federal free application for federal student aid form to determine expected family contribution and shall do so annually in accordance with W.S. 21‑16‑1306(b);

(xix)  "WORKKEYS SCORE" means qualifying scores on the WORKKEYS job skills assessment test. In the event the WORKKEYS job skills assessment test is superseded, becomes too expensive to administer or goes out of general use, the department shall specify by rule and regulation a replacement test to be used.

21‑16‑1302.  Hathaway scholarship expenditure account created; reserve account created; use and appropriation of funds.

(a)  The Hathaway scholarship expenditure account is created to consist of earnings from the Hathaway student scholarship endowment fund created by W.S. 9‑4‑204(u)(vii) and such other funds appropriated by the legislature to the expenditure account.  Eighty percent (80%) of all monies deposited to the expenditure account under this section shall be available for scholarships under W.S. 21‑16‑1304 and 21‑16‑1305.  Twenty percent (20%) of all monies deposited to the expenditure account under this section shall be available for scholarships under W.S. 21‑16‑1306.  Monies within the expenditure account are continuously appropriated to the state treasurer for distribution to eligible institutions based on scholarships awarded under this article.  All unexpended and unencumbered monies within the expenditure account at the end of each fiscal year shall be deposited by the state treasurer to the Hathaway student scholarship reserve account.

(b)  There is created the Hathaway student scholarship reserve account.  The reserve account shall consist of those monies deposited to the account pursuant to subsection (a) of this section and such other funds appropriated by the legislature to the reserve account.  To the extent funds within the Hathaway scholarship expenditure account are insufficient in any fiscal year to fully fund scholarships awarded under this article, monies within the reserve account shall be deposited by the state treasurer to the expenditure account for distribution to eligible institutions to fund those scholarships.  As soon as possible after the end of each of the fiscal years beginning on and after July 1, 2007, the state treasurer shall transfer monies from this reserve account to the Hathaway student scholarship endowment fund to the extent monies within the reserve account are in excess of the greater of twelve million dollars ($12,000,000.00) or an amount equal to three and seventy-five hundredths percent (3.75%) of the previous five (5) year average market value of the Hathaway student scholarship endowment fund, calculated from the first day of the fiscal year. The state treasurer shall report not later than September 30, of each year to the education committee and the select committee on capital financing and investments the amount of funds within the reserve account at the end of the previous fiscal year and as of July 1, of the current fiscal year.

21‑16‑1303.  Hathaway scholarship program; eligibility requirements.

(a)  There is created the Hathaway scholarship program for Wyoming students.

(b)  Under the Hathaway scholarship program, subject to availability of funds as determined by the legislature, the state shall provide a scholarship pursuant to W.S. 21‑16‑1304 and 21-16-1305 to any student who has been accepted by and enrolls in an eligible institution to pursue a degree or certificate, and who meets the following qualifications:

(i)  The student has demonstrated Wyoming residency as determined by the eligible institution at which the student is enrolled;

(ii)  The student has successfully completed a  curriculum as established under W.S. 21‑16‑1307 and meets standards for admission to the eligible institution;

(iii)  The student has:

(A)  Graduated from an eligible high school or is otherwise eligible under rules promulgated pursuant to W.S. 21‑16‑1308(b)(iii) and (iv).  The department shall by rule and regulation establish exceptions to the requirements of this subparagraph for students who have attended an eligible high school in Wyoming, but who subsequently graduate from a secondary educational institution in another state or a foreign country that is the equivalent of a high school. An exception under this subparagraph shall be granted only if:

(I)  The student's custodial parent or lawful guardian is a Wyoming resident at the time of application for a scholarship under this article and was a Wyoming resident during the student's attendance at the eligible high school;

(II)  The student's absence from this state was due to the custodial parent's or lawful guardian's employment requirements or was necessitated by other conditions beyond the reasonable control of the parent or guardian; and

(III)  Neither the student nor the student's custodial parent or lawful guardian claimed residency in any other state or foreign country for any purpose during the student's high school attendance.

(B)  Applied for a scholarship under this article within two (2) years of the date of high school graduation, or is otherwise eligible under rules promulgated pursuant to W.S. 21‑16‑1308(b)(iii) and (iv). The department shall by rule and regulation establish exceptions to the requirement of this subparagraph for military service, religious service and other good cause shown; and

(C)  The minimum high school cumulative grade point average and minimum composite ACT or cumulative WORKKEYS score specified under this article for the type of scholarship to be awarded.

(c)  Notwithstanding W.S. 21‑16‑l301(a)(viii), students who are Wyoming residents and graduates of an out-of-state high school shall be deemed to have graduated from an eligible high school for the purpose of qualifying under this article.  Notwithstanding W.S. 21‑16‑1301(a)(viii) or paragraph (b)(i) of this section, a student whose custodial parent or guardian is in active military service and maintains Wyoming as that parent's or guardian's state of domicile is deemed to be a Wyoming resident and if a high school graduate of a high school outside of Wyoming accredited by the appropriate regional accrediting  agency shall be deemed to have graduated from an eligible high school for the purpose of qualifying under this article. 

(d)  No student shall be eligible for a scholarship under this article for more than the equivalent of eight (8) full-time semesters.  Except as provided by subsection (f) of this section, no student shall be eligible for a scholarship under this article for any semesters commencing after six (6) academic years following the student's initial eligibility.  For purposes of this subsection a student's initial eligibility shall be deemed to commence with the first semester in which the state is obligated to reimburse an eligible institution for the student's scholarship under this article.  The department shall by rule and regulation establish exceptions to this subsection for military service, religious service and other good cause shown.

(e)  A student is not eligible for a scholarship under this article if he:

(i)  Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements or requirements of a subsequent similar federal enactment;

(ii)  Has not complied with United States selective service system requirements for registration, if the requirements are applicable to the student;

(iii)  Is in default on a federal Title IV education loan. Nothing in this paragraph prohibits a student who is otherwise eligible for a scholarship under this article and has fully repaid a defaulted loan or is no longer in default, from receiving a scholarship for future academic semesters;

(iv)  Owes a refund under a federal Title IV student financial aid program or a subsequently enacted similar federal student financial aid program, or a student financial aid program administered through the state. Nothing in this paragraph prohibits a student who is otherwise eligible for a scholarship under this article and has fully paid the refund owed, from receiving a scholarship for future academic semesters;

(v)  Is incarcerated;

(vi)  Has been convicted of a felony in this state or another jurisdiction and has not been granted an exception by the department of education as provided for in W.S. 21‑16‑1308(b)(v); or

(vii)  Does not otherwise qualify under this article for a scholarship.

(f)  Students meeting the requirements of this subsection shall not be subject to the six (6) academic year limitation on scholarships under this article, the satisfactory academic progress requirements of W.S. 21‑16‑1304(c)(i) and 21‑16‑1305(b)(i) or the continuous enrollment requirements of W.S. 21‑16‑1304(c)(ii) and 21‑16‑1305(b)(ii), but shall be subject to the following:

(i)  Have been initially eligible for and received a Hathaway scholarship;

(ii)  Have received an associate of applied science degree from an eligible institution;

(iii)  Have engaged in a vocation related to the associate of applied science degree after initially receiving a Hathaway scholarship;

(iv)  Within the earlier of eight (8) years of initial Hathaway scholarship eligibility or four (4) years of last attending an eligible institution while receiving a Hathaway scholarship, have enrolled at the University of Wyoming to complete a baccalaureate of applied science degree and have applied for reinstatement of the student's Hathaway scholarship;

(v)  Upon application for reinstatement of the Hathaway scholarship, be subject to the maintenance grade point average and other eligibility requirements under this article;

(vi)  Upon reinstatement of eligibility, be subject to the satisfactory academic progress requirements of W.S. 21‑16‑1304(c)(i) and 21‑16‑1305(b)(i) and the continuous enrollment requirements of W.S. 21‑16‑1304(c)(ii) and 21‑16‑1305(b)(ii);

(vii)  Not have received a Hathaway scholarship for more than the equivalent of four (4) full-time semesters; and

(viii)  Not be eligible for a scholarship under this article:

(A)  For more than a total of the equivalent of eight (8) full-time semesters; nor

(B)  For any semesters commencing after ten (10) academic years following the student's initial eligibility.

21‑16‑1304.  Hathaway opportunity, performance and honor scholarships.

(a)  Any student who meets the criteria under W.S. 21‑16‑1303 is eligible to receive a scholarship to pursue a degree or certificate as follows:

(i)  With a minimum cumulative high school GPA of 2.50 and a composite ACT score of at least nineteen (19), a Hathaway opportunity scholarship for:

(A)  Eight hundred dollars ($800.00) per semester at an eligible institution if enrolled for twelve (12) or more semester hours;

(B)  The amount provided under subparagraph (A) of this paragraph times a fraction, the numerator of which is the number of hours for which the student is enrolled and the denominator is twelve (12), if enrolled at an eligible institution for at least six (6) and less than twelve (12) semester hours.

(ii)  With a minimum cumulative high school GPA of 3.0 and a composite ACT score of at least twenty-one (21), a Hathaway performance scholarship for:

(A)  One thousand two hundred dollars ($1,200.00) per semester at an eligible institution if enrolled for twelve (12) or more semester hours;

(B)  The amount provided under subparagraph (A) of this paragraph times a fraction, the numerator of which is the number of hours for which the student is enrolled and the denominator is twelve (12), if enrolled at an eligible institution for at least six (6) and less than twelve (12) semester hours.

(iii)  With a minimum cumulative high school GPA of 3.5 and a composite ACT score of at least twenty-five (25), a Hathaway honor scholarship for:

(A)  One thousand six hundred dollars ($1,600.00) per semester at an eligible institution if enrolled for twelve (12) or more semester hours;

(B)  The amount provided under subparagraph (A) of this paragraph times a fraction, the numerator of which is the number of hours for which the student is enrolled and the denominator is twelve (12), if enrolled at an eligible institution for at least six (6) and less than twelve (12) semester hours.

(b)  Scholarships under this section shall be for a maximum of the equivalent of eight (8) full-time semesters.  A scholarship under this section shall be available for attendance at a Wyoming community college for not more than a maximum of the equivalent of four (4) full-time semesters.

(c)  To remain eligible for the scholarship under this section, the student shall:

(i)  Except as provided in W.S. 21‑16‑1303(f), make satisfactory academic progress toward a degree.  If a student fails to make satisfactory academic progress or maintain the cumulative grade point average required for continuation in the program as provided in this subsection, the student shall become ineligible for the scholarship in subsequent semesters unless granted an exception for cause by the department or except as otherwise provided in subsection (f) of this section. The department may delegate to any eligible institution the department's authority to grant an exception for cause, but shall only do so in accordance with department rules establishing procedures and criteria for granting an exception and any eligible institution acting pursuant to such delegation shall grant exceptions only in accordance with those rules;

(ii)  Except as provided in W.S. 21‑16‑1303(f) and subsection (f) of this section, maintain continuous enrollment for not less than two (2) semesters in each successive academic year.  The department shall by rule and regulation establish exceptions to the requirement of this paragraph for military service, religious service and other good cause shown; and

(iii)  Maintain a cumulative grade point average as evaluated at the end of each spring academic term as follows:

(A)  For Hathaway opportunity scholarships, at least a 2.25 GPA;

(B)  For Hathaway performance scholarships and Hathaway honor scholarships, at least a 2.50 GPA.

(d)  A student receiving a Hathaway honor scholarship or a Hathaway performance scholarship who fails to meet the GPA requirements of subsection (c) of this section necessary to maintain that scholarship may be awarded a Hathaway opportunity scholarship for attendance at an appropriate eligible institution if he meets the requirements necessary to maintain that scholarship.

(e)  The cumulative grade point average required under this section to maintain a scholarship shall be the student's grade point average achieved at all eligible institutions after the student's initial eligibility as determined under W.S. 21‑16‑1303(d).

(f)  If a student is otherwise eligible under this article and neither the applicable number of full-time equivalent semesters nor the maximum scholarship eligibility time period specified under subsection (b) of this section and W.S. 21‑16‑1303(d), including semesters for which a scholarship was not received, has been reached, a scholarship under this section which is lost may be reinstated if the student meets the applicable requirements imposed by this subsection and successfully completes courses at an eligible institution in a summer school session or an academic term occurring during the period the scholarship is lost. A lost scholarship shall be reinstated in the first academic term following the academic term or summer school session during which the student:

(i)  Attains satisfactory academic progress as defined by W.S. 21‑16‑1301(a)(xiv) for a scholarship lost under this subsection for failure to meet the requirements of paragraph (c)(i) of this section; or

(ii)  Achieves the cumulative grade point average required of the applicable scholarship under paragraph (c)(iii) of this section for a scholarship lost for failure to meet the requirements of paragraph (c)(iii) of this section; or

(iii)  For a scholarship lost for failure to meet the requirements of (c)(ii) of this section, enrolls and completes one (1) academic term as a full-time or part-time student, whichever is applicable, occurring during the period in which the scholarship is lost.

21‑16‑1305.  Hathaway provisional opportunity scholarships.

(a)  Any student who meets the criteria under W.S. 21‑16‑1303 is eligible to receive a Hathaway provisional opportunity scholarship to pursue a certificate or degree as follows:

(i)  With a minimum cumulative high school GPA of 2.50 and either a composite ACT score of at least seventeen (17) or a cumulative score of at least twelve (12) points on applied math, reading for information and locating information on WORKKEYS tests, a scholarship for:

(A)  Eight hundred dollars ($800.00) per semester at a Wyoming community college if enrolled for twelve (12) or more semester hours;

(B)  The amount provided under subparagraph (A) of this paragraph times a fraction, the numerator of which is the number of hours for which the student is enrolled and the denominator is twelve (12), if enrolled at a Wyoming community college for at least six (6) and less than twelve (12) semester hours.

(ii)  Scholarships under paragraph (i) of this subsection shall be for a maximum of the equivalent of four (4) full-time semesters;

(iii)  A student who receives a scholarship under paragraph (i) of this subsection and who earns a certificate from the community college with a minimum cumulative GPA of 2.25 may extend the provisional opportunity scholarship to pursue either a certificate or a degree at a Wyoming community college or if the student earns a degree from the community college with a minimum GPA of 2.25, may extend the scholarship to pursue a degree at the University of Wyoming if the student maintains a minimum cumulative GPA of 2.25 and otherwise remains eligible for a scholarship under this article.  The scholarship under this paragraph shall be for the same amounts and subject to the same limitations as provided for scholarships under paragraph (a)(i) of this section, except that the student may pursue either an additional certificate or a degree and the student may use this scholarship while attending a Wyoming community college or the University of Wyoming.

(b)  To remain eligible for the scholarship award under this section, the student shall:

(i)  Except as provided by W.S. 21‑16‑1303(f), make satisfactory academic progress toward a certificate or degree. If a student fails to make satisfactory academic progress or maintain the cumulative grade point average required for continuation in the program provided in paragraph (iii) of this subsection, the student shall become ineligible for the scholarship in subsequent semesters unless granted an exception for cause by the department or except as otherwise provided in subsection (d) of this section. The department may delegate to any eligible institution the department's authority to grant an exception for cause, but shall only do so in accordance with department rules establishing procedures and criteria for granting an exception and any eligible institution acting pursuant to such delegation shall grant exceptions only in accordance with those rules;

(ii)  Except as provided by W.S. 21‑16‑1303(f) and subsection (d) of this section, maintain continuous enrollment for not less than two (2) semesters in each successive academic year.  The department shall by rule and regulation establish exceptions to the requirement of this paragraph for military service, religious service and other good cause shown; and

(iii)  Maintain a cumulative grade point average of at least 2.25 GPA, as evaluated at the end of each spring academic term for certificates or degrees that require more than one (1) academic year.

(c)  The cumulative grade point average required under this section to maintain a scholarship shall be the student's grade point average achieved at all eligible institutions after the student's initial eligibility as determined under W.S. 21‑16‑1303(d).

(d)  If a student is otherwise eligible under this article and neither the applicable number of full-time equivalent semesters nor the maximum scholarship eligibility time period specified under paragraph (a)(ii) of this section and W.S. 21‑16‑1303(d), including semesters for which a scholarship was not received, has been reached, a scholarship under this section which is lost may be reinstated if the student meets the applicable requirements imposed by this subsection and successfully completes courses at an eligible institution in a summer school session or an academic term occurring during the period the scholarship is lost. A lost scholarship shall be reinstated in the first academic term following the academic term or summer school session during which the student:

(i)  Attains satisfactory academic progress as defined by W.S. 21‑16‑1301(a)(xiv) for a scholarship lost for failure to meet the requirements of paragraph (b)(i) of this section; or

(ii)  Achieves the cumulative grade point average required under paragraph (b)(iii) of this section for a scholarship lost for failure to meet the requirements of paragraph (b)(iii) of this section; or

(iii)  For a scholarship lost for failure to meet the requirements of paragraph (b)(ii) of this section, enrolls and completes one (1) academic term as a full-time or part-time student, whichever is applicable, occurring during the period in which the scholarship is lost.

21‑16‑1306.  Need based scholarships.

(a)  In addition to scholarships made available under W.S. 21‑16‑1304 and 21‑16‑1305 there shall be made available a need based Hathaway scholarship as follows:

(i)  The scholarship shall be available only to students qualifying for a scholarship under W.S. 21‑16‑1304 or 21‑16‑1305 and for federal financial aid. The scholarships under this section shall be computed and awarded as follows:

(A)  If the student has annual unmet financial need of two thousand dollars ($2,000.00) or less – no award;

(B)  If the student has annual unmet financial need greater than two thousand dollars ($2,000.00):

(I)  If the student is eligible for a Hathaway honor scholarship – an award under this section in an amount equal to the annual unmet financial need exceeding two thousand dollars ($2,000.00).  A scholarship under this subdivision shall continue as long as the student remains eligible for a Hathaway honor scholarship;

(II)  If a student is eligible for a scholarship under this article but does not qualify under subdivision (I) of this subparagraph – an award equal to  twenty-five percent (25%) of the annual unmet financial need in excess of two thousand dollars ($2,000.00), but not to exceed one thousand five hundred dollars ($1,500.00) per year.

(C)  A student qualifying for any award under this section shall receive a minimum amount of one hundred dollars ($100.00) for each semester of qualification.  One-half (1/2) of the annual award amount under this section shall be provided to the student at each semester of qualification.

(b)  The department shall provide scholarships under this section from funds made available under W.S. 21‑16‑1302 and the state treasurer shall reimburse eligible institutions accordingly under W.S. 21‑16‑1308.  All requirements for scholarship recipients applicable under this article shall be applicable to scholarships under this section.  The department, in consultation with each eligible institution, shall by rule designate a date for each academic year upon which each eligible institution shall make the final computation for unmet need for students receiving a scholarship under this section, consistent with each institution's schedule for determining actual cost of attendance for students at that institution.

21‑16‑1307.  Success curriculum; test standards.

(a)  Repealed By Laws 2007, Ch. 187, § 2.

(b)  The success curriculum required to qualify for honor or performance scholarship eligibility under this article for students graduating from high school in the 2010-2011 school year shall be as follows:

(i)  Math – four (4) years of math to include those specified in subparagraphs (A) through (D) of this paragraph.  Courses which are the functional equivalent of the specified courses, including courses taken before grade nine (9), may be used to satisfy the level of the requirements of subparagraphs (A) through (C) of this paragraph:

(A)  Algebra I;

(B)  Algebra II;

(C)  Geometry; and

(D)  An additional math course taken in grades nine (9) through twelve (12).

(ii)  Language arts – four (4) years of language arts at the college or industry preparatory level in grades nine (9) through twelve (12), to include reading, writing, listening and speaking;

(iii)  Science – four (4) years of science in grades nine (9) through twelve (12) to include at least three (3) years of those courses specified in subparagraphs (A) through (J) of this paragraph and a fourth year from any of those specified in subparagraphs (A) through (K) of this paragraph:

(A)  Physics I;

(B)  Physics II;

(C)  Chemistry I;

(D)  Chemistry II;

(E)  Biology I;

(F)  Biology II;

(G)  Geology I;

(H)  Computer science I;

(J)  Physical science;

(K)  An additional science course.

(iv)  Social studies – three (3) years of social studies in grades nine (9) through twelve (12) to include a combination of the following subject matters:

(A)  World history;

(B)  American history;

(C)  Geography;

(D)  American government; and

(E)  Economic systems and institutions.

(v)  Foreign language – two (2) sequenced years of the same foreign language which need not be taken consecutively, at least one (1) of which shall be taken in grades nine (9) through twelve (12). Two (2) sequenced years of instruction in the native language of the Eastern Shoshone or the Northern Arapaho, or two (2) sequenced years of instruction in American sign language, either of which need not be taken consecutively but at least one (1) year of which is taken in grades nine (9) through twelve (12), may be taken in fulfillment of this paragraph.

(c)  The success curriculum required to qualify for honor or performance scholarship eligibility under this article for students graduating from high school prior to the 2010-2011 school year shall be as follows:

(i)  For students graduating in the 2007-2008 school year:

(A)  Math – Algebra I;

(B)  Science – one (1) of the courses specified in subparagraphs (b)(iii)(A) through (H) of this section.

(ii)  For students graduating in the 2008-2009 school year:

(A)  Math:

(I)  Algebra I and either:

(1)  Geometry; or

(2)  Algebra II.

(B)  Science – two (2) of the courses specified in subparagraphs (b)(iii)(A) through (H) of this section;

(C)  Social studies – a course covering the subject matter of American history.

(iii)  For students graduating in the 2009-2010 school year:

(A)  Math:

(I)  Algebra I;

(II)  Geometry; and

(III)  Algebra II.

(B)  Science – three (3) of the courses specified in subparagraphs (b)(iii)(A) through (J) of this section;

(C)  Social studies - courses covering the subject matters of:

(I)  World history; and

(II)  American history.

(D)  Foreign language - one (1) year of foreign language which may include one (1) year of instruction in the native language of the Eastern Shoshone or the Northern Arapaho or one (1) year of instruction in American sign language, taken in grades nine (9) through (12).

(d)  The success curriculum required to qualify for opportunity scholarship eligibility under this article for students graduating from high school in the 2010-2011 school year shall be as follows:

(i)  Math – four (4) years of math to include those specified in subparagraphs (A) through (D) of this paragraph.  Courses which are the functional equivalent of the specified courses, including courses taken before grade nine (9), may be used to satisfy the level of the requirements of subparagraphs (A) through (C) of this paragraph:

(A)  Algebra I;

(B)  Algebra II;

(C)  Geometry; and

(D)  An additional math course taken in grades nine (9) through twelve (12).

(ii)  Language arts – four (4) years of language arts at the college or industry preparatory level in grades nine (9) through twelve (12), to include reading, writing, listening and speaking;

(iii)  Science – four (4) years of science in grades nine (9) through twelve (12), three (3) of which shall satisfy high school graduation requirements under W.S. 21‑2‑304(a)(iii)(C);

(iv)  Social studies – three (3) years of social studies in grades nine (9) through twelve (12) to include a combination of the following subject matters:

(A)  World history;

(B)  American history;

(C)  Geography;

(D)  American government; and

(E)  Economic systems and institutions.

(v)  Foreign language – demonstrate proficiency on the state standards for the foreign cultures and languages common core of knowledge requirement under W.S. 21‑9‑101(b)(i)(K) which may include American sign language as one (1) component of foreign language proficiency.

(e)  The success curriculum required to qualify for provisional opportunity scholarship eligibility under this article for students graduating from high school in the 2010-2011 school year shall be the curriculum required for high school graduation under W.S. 21‑2‑304(a)(iii) subject to the following:

(i)  Two (2) of the three (3) years of mathematics required under W.S. 21‑2‑304(a)(iii)(B) shall consist of at least two (2) years of those courses specified in subparagraphs (A) through (C) of this paragraph:

(A)  Algebra I;

(B)  Algebra II;

(C)  Geometry.

(ii)  Demonstration of proficiency on the state standards for the foreign cultures and languages common core of knowledge requirement under W.S. 21‑9‑101(b)(i)(K) which may include American sign language as one (1) component of foreign language proficiency.

(f)  The courses set forth as success curricula requirements under this article shall be aligned with the student content and performance standards established pursuant to W.S. 21‑2‑304(a)(iii). The department shall by rule and regulation:

(i)  Provide for each school district to submit, and the department to verify, a list of courses provided in the district which satisfy the success curriculum requirements specified in this section.  The rules shall include a process to authorize and verify functional equivalents of courses specified in this section. The verification process shall be completed in sufficient time for students registering for the subsequent school year to be apprised of the courses which meet the success curriculum requirements;

(ii)  Establish exceptions as necessary due to good cause to specific coursework within the success curriculum specified under this article for students attending or graduating from an eligible high school or a home-based educational program; and

(iii)  Provide accommodations for a student with an individual education plan (IEP) or working under a federal 504 designation to meet the requirements of the success curriculum, including taking a modified course that is at grade level and is included within the scope of the student's IEP or 504 designation.

(g)  Not later than October 1, 2007, October 1, 2008, October 1, 2009, and by October 1 in each odd-numbered year thereafter, the department, in consultation with the University of Wyoming, Wyoming community colleges and the community college commission, shall report to the governor and the joint education interim committee of the legislature on recommendations for modifications to the success curriculum requirements, minimum cumulative GPA and minimum composite ACT or cumulative WORKKEYS scores contained in this article and recommendations for the adoption of statewide student assessment standards and scores to augment qualifying ACT or WORKKEYS scores, all to ensure that the Hathaway scholarship program is designed to provide the desired incentives for students to pursue a rigorous curriculum and strive to achieve academic success. The report shall also include any additional resources which school districts, particularly those school districts granted exemptions for students under paragraph (f)(ii) of this section, may require to provide the success curriculum. The cumulative GPA requirements for performance under the success curriculum shall not be restricted to those courses comprising the success curriculum, but shall be applied comprehensively to all courses included within each scholarship student's high school curriculum.

21‑16‑1308.  Administration; rules and regulations.

(a)  This article shall be administered by the department in accordance with the following:

(i)  Students shall make application for scholarships under this article with the eligible institution at the time of applying for admission or in any event prior to the beginning of the semester at the eligible institution.  The application shall contain information as required by rule of the department. The application shall require each applicant to verify under penalty of false swearing under W.S. 6‑5‑303, that the applicant has not been convicted of a felony in this state or another jurisdiction;

(ii)  Upon request of a student applying to an eligible institution and initially applying for a Hathaway scholarship, each school district shall provide to the eligible institution an official transcript of the student's academic record through the student's most recent semester of attendance.  Following graduation and upon the student's request the school district shall also provide to the eligible institution an official transcript of the student's complete academic record.  All transcripts provided pursuant to this paragraph shall designate each course which satisfies the success curriculum requirements established under W.S. 21‑16‑1307;

(iii)  For students transferring from an eligible institution to another eligible institution and making application for continuance of a scholarship, the institution from which the student is transferring shall at the student's request provide an official transcript to the new institution and shall provide a list of all semesters of attendance in which a Hathaway scholarship was received by the student and, if applicable, a list of all semesters for which a student previously qualifying for a Hathaway scholarship was determined ineligible for the Hathaway scholarship;

(iv)  Each eligible institution receiving an application from a student applying for a Hathaway scholarship shall preliminarily determine the student's  eligibility for the scholarship.  For students initially applying for a scholarship, unless the student's complete academic record is available, the GPA used to preliminarily determine eligibility shall be based upon the student's official high school transcript after either the end of the first semester of a student's senior year or the second semester of a student's junior year, at the sole discretion of the eligible institution.  For students graduating prior to their senior year the GPA used to preliminarily determine eligibility shall be based upon the student's official high school transcript as of the end of the semester immediately prior to the last semester before the student's graduation.  High school GPAs for final eligibility determinations for students initially applying for a scholarship under this article shall be based upon the student's complete high school academic record.   Upon final determination of scholarship eligibility, each community college shall certify to the community college commission not later than thirty (30) days after the semester commences, a list of students enrolled at the institution who qualify for a scholarship under this article, including the amount of each scholarship.  The university shall certify to the department within forty-five (45) days after the semester commences a like list for students enrolled at the university.  The director of the community college commission shall verify within ten (10) days after receiving all lists from community colleges whether there is any duplication of students on the community college lists, shall provide the lists to the department and shall certify to the department the amount each college is to receive under this article. Students attending more than one (1) eligible institution shall enter into a consortium agreement with the multiple institutions whereby the student shall designate a home institution to be paid the entire Hathaway scholarship amount for which the student qualifies;

(v)  The department shall determine and certify to the state treasurer the amount which is equal to seventy-five percent (75%) of the total amount the eligible institution received during the preceding semester under this subsection.  Not later than September 1 for the fall semester and not later than January 15 for the spring semester, the state treasurer shall pay from the scholarship expenditure account the amount certified by the department.  The department shall review the lists provided under paragraph (iv) of this subsection, determine whether there is any duplication of students, and determine and certify to the state treasurer the balance of the amount due under this article to each institution for the semester. For any duplication, the department shall determine whether the student is attending more than one (1) eligible institution.  If the student is attending multiple eligible institutions payment of the Hathaway scholarship for which the student qualifies shall be made only to the institution designated as the home institution by the student. The state treasurer shall pay from the scholarship expenditure account the balance of the amount due.  Payments of the balance due under this paragraph shall be made not later than seventy-five (75) days after the institution's semester has commenced.  Payments to the university shall be made directly to the university.  Payments to the community colleges shall be made directly to each college and be reported by the state treasurer to the community college commission.  Should a prepayment under this paragraph exceed the amount actually due the institution for any semester, the excess amount shall be calculated by the department and deducted from the next payment made.  For purposes of this subsection, payments due for summer terms shall be included within the calculations and payments for the subsequent fall semester.

(b)  The department shall, in consultation with University of Wyoming and community college admissions officers and financial aid officers and school districts, promulgate rules and regulations necessary to implement this article, including:

(i)  A means for informing all students and their parents or guardians of the availability of the scholarships under this article in sufficient time to enable the student to plan for and complete the success curriculum.  The means shall at a minimum include:

(A)  A requirement that each written communication from a school district to a parent or guardian of a student include on any envelope used, or on the communication if no separate envelope is used, a statement that the state of Wyoming provides Hathaway merit and need scholarships to Wyoming students attending the University of Wyoming and Wyoming community colleges and that every Wyoming student who meets the merit requirements can earn a Hathaway merit scholarship;

(B)  A summary of available Hathaway scholarships and requirements to earn a scholarship.  The summary shall be made available on the department's website on the Internet, the World Wide Web or similar proprietary or common carrier electronic system;

(C)  Provision for each school district to provide a one (1) week unit of instruction in the eighth grade regarding preparation for post-secondary work, including an overview of a curriculum needed to be successful in post-secondary education, standardized test requirements, scholarships available for post-secondary education and earning differences anticipated at various post-secondary education levels.  The unit of instruction provided under this subparagraph shall be developed by the department in consultation with school districts and shall be delivered to school districts.  The department in consultation with the school districts shall develop a program of a curriculum needed to be successful in post-secondary education, standardized test requirements, scholarships available for post-secondary education and earning differences anticipated at various post-secondary education levels;

(D)  In addition to the unit of instruction required under subparagraph (C) of this paragraph, and commencing school year 2007-2008 and each school year thereafter, provision of counseling services to students enrolled in grades eight (8) through twelve (12) in accordance with the following:

(I)  Counseling shall be provided to each student beginning in grade eight (8) on components of the unit of instruction required under subparagraph (C) of this paragraph including curriculum requirements of high school graduation, curriculum requirements necessary for each of the Hathaway scholarships, current achievement levels for the statewide proficiency assessment, the importance of curriculum for career options and the earning differences anticipated based upon curriculum choices and at various levels of post secondary education;

(II)  Counseling for each successive year following initial counseling in grade eight (8) shall include an assessment of the student's course history and options available as to future course selection and consequences attached to selected course pathways;

(III)  Counseling services shall be provided by counselors or designated employees of the district;

(IV)  Counseling in grades eight (8) and nine (9) shall include a summary of the various Hathaway scholarships and other information regarding scholarship opportunities available to students and associated curriculum and student performance requirements.

(ii)  Applications, forms, financial and program audit procedures, eligibility and other matters related to efficient operation;

(iii)  Criteria and procedures under which students in a home-based educational program can qualify for scholarships under this article. A student in a home-based educational program:

(A)  Shall make application for an initial scholarship before his twenty-first birthday;

(B)  Shall meet the initial eligibility requirements of this article other than attendance and graduation from an eligible high school and corresponding GPA requirements, but shall comply with curriculum requirements specified under W.S. 21‑16‑1307, as applicable;

(C)  Who is otherwise eligible and who achieves the requisite composite ACT or cumulative WORKKEYS score shall be eligible for the scholarships provided under this article at the same level and to the same extent as students graduating from eligible high schools.

(iv)  Criteria and procedures under which students who receive a general educational development (GED) equivalency diploma can qualify for scholarships under this article.  A student receiving a GED shall:

(A)  Receive the GED and make application for the initial scholarship no later than two (2) years after and no sooner than the graduation date of the student's high school class, unless ordered by a court to complete the requirements for a GED prior to that graduation date or for other good cause shown as determined by the department.  The student shall have attended an eligible high school prior to receiving his GED and shall have received his GED while residing in Wyoming;

(B)  Meet the initial eligibility requirements of this article other than curriculum requirements, attendance and graduation from an eligible high school and corresponding GPA requirements;

(C)  If otherwise eligible, be eligible for a scholarship as follows:

(I)  With a minimum GED standard score of 500, a scholarship at the same level and to the same extent as a Hathaway opportunity scholarship or provisional opportunity scholarship;

(II)  With a minimum GED standard score of 540, a scholarship at the same level and to the same extent as a Hathaway performance scholarship;

(III)  With a minimum GED standard score of 575, a scholarship at the same level and to the same extent as a Hathaway honor scholarship.

(v)  Criteria, which shall include satisfactory completion of all terms and conditions imposed upon the applicant by the court in which the felony conviction was obtained, in order to determine when an exception may be granted to W.S. 21‑16‑1303(e)(vi) to allow the person to receive a scholarship under this article;

(vi)  A means for informing all Hathaway scholarship recipients, at the time they are notified of the scholarship award, of the origin of the Hathaway scholarship program and the individual for whom the program is named including his biographic data and describing in particular his commitment to this state and to the promise of the youth of this state;

(vii)  Implementing success curriculum requirements as authorized by W.S. 21‑16‑1307;

(viii)  Any other rules and regulations necessary for the implementation and administration of this article.

(c)  The department shall establish annual reporting procedures for purposes of policy analysis and program evaluation and providing accurate data to the legislature and governor relative to the program's impact on the state and on students. In developing the annual reporting procedure the department shall consult with the University of Wyoming and community college financial aid officers and registrars or their designees.  It is the intention of the legislature that the reporting system and the requirements thereof shall be applicable to all recipients of scholarships under this article.  Compliance with this section shall be made a condition of receiving a scholarship under this article.  For any student attending more than one (1) eligible institution, the home institution shall be responsible for data reporting for that student, and any other eligible institution shall cooperate as necessary with the home institution to fulfill that duty. The reporting system shall include the following information:

(i)  A report prepared for each semester or equivalent periods of time during each academic year relative to the rate of retention of program participants;

(ii)  Scholarships by students as they progress from semester to semester or other equivalent periods of time as may be applicable once enrolled at an eligible institution.  The data shall be reported by institution attended, by the instructional program, and by scholarship category and shall include the percent of students losing scholarship eligibility due to not earning the minimum number of credit hours, the percent of students losing scholarship eligibility due to not having the required cumulative grade point average, the percent of students losing scholarship eligibility for failing to make satisfactory academic progress and the percentage of students losing scholarship eligibility for failing to enroll. The same information shall also be reported by categories showing those students qualifying through WORKKEYS scores and GED scores and by the group of students who attended a home-based educational program and did not graduate from an eligible high school;

(iii)  The persistence rates at the eligible institutions of freshmen, sophomore, junior and senior students receiving a scholarship reported by scholarship category and by award year;

(iv)  The graduation rates or rates of completion of the chosen post-secondary education program if otherwise applicable for students receiving a scholarship reported by scholarship category and award year, including for those graduating with an academic degree at the baccalaureate level the rate for persons graduating within four (4) years, within five (5) years and within six (6) years, respectively and including for those graduating with a certificate or associate degree the rate for persons graduating within one (1), two (2) and three (3) years;

(v)  The mean length of time required for a student receiving a scholarship under this article to graduate with a degree or to complete the certificate program with such information being reported by scholarship category and by award year;

(vi)  An annual report on the number of applicants as well as the percent of high school graduates by high school district who meet the success curriculum requirements, the percent who apply for a scholarship by scholarship category, and the percent of those students who are awarded a scholarship and subsequently enroll in an eligible institution;

(vii)  Statistical studies on the relationship between the courses taken and grades earned by a high school student and the student’s score on the ACT or WORKKEYS test.  Relative to public high schools, such statistical studies shall use student course and grade data that is otherwise available from the schools and such studies shall be conducted at no additional cost to the governing authority of any public high school;

(viii)  Statistical studies on the relationship between the courses taken and the grades earned in high school and the student's college or university GPA.

(d)  The annual report by the department shall be submitted to the governor and the legislature in accordance with W.S. 9‑2‑1014.

(e)  The department may conduct an audit of any eligible institution participating in the scholarship program under this article to determine compliance with any provision of this article.

21‑16‑1309.  Scholarship amounts.

(a)  To the extent a scholarship under this article would, when combined with any grant or scholarship from a student financial aid program administered through the state or any state institution, in any semester exceed the cost of attendance at the eligible institution, the scholarship under this article shall be reduced by the amount necessary to not exceed that cost of attendance.

(b)  To the extent sufficient funds are not available in the expenditure account to fund all scholarships as provided under this article:

(i)  Funds available for scholarships under W.S. 21‑16‑1304 and 21‑16‑1305 shall be used for scholarships under W.S. 21‑16‑1306 after all scholarships under W.S. 21‑16‑1304 and 21‑16‑1305 have been paid;

(ii)  Funds available for scholarships under W.S. 21‑16‑1306 shall be used for scholarships under W.S. 21‑16‑1304 and 21‑16‑1305 after all scholarships under W.S. 21‑16‑1306 have been paid;

(iii)  After all funds within the expenditure account have been expended, funds within the Hathaway student scholarship reserve account shall be used to fund any remaining scholarships awarded under this article;

(iv)  If no funds remain available in the expenditure account or reserve account at the time payment is required to be made to an institution for any semester, the payment to the eligible institutions shall be reduced on a first come first served basis using the student's application date for the scholarship.

21‑16‑1310.  Legislative oversight and authority.

Nothing in this article shall be construed to constitute an entitlement to a scholarship established and funded by the legislature. Wyoming Hathaway scholarships shall be subject to legislative appropriation and the legislature reserves the right to modify or terminate the program established under this article at any time.

ARTICLE 14
UNIVERSITY OF WYOMING ACADEMIC
FACILITIES CHALLENGE FUND

21‑16‑1401.  Definitions.

(a)  As used in this article:

(i)  "Challenge account" means the university academic facilities challenge account established under W.S. 21‑16‑1402;

(ii)  "Qualifying contribution" means a transfer of money or other property of a value of not less than twenty-five thousand dollars ($25,000.00) to the University of Wyoming foundation to be expended exclusively for university academic facilities as approved by the university president and board of trustees. The commitment for a qualifying contribution or the contribution itself shall be made in writing on or after October 1, 2005. The contribution shall be actually received by the University of Wyoming foundation on or before December 31 of the fifth calendar year following the calendar year in which the written commitment was made.  Members of a single family may aggregate their individual gifts to meet the minimum dollar threshold required for matching funds.  Gifts from nonfamily members in memory of a deceased individual may also be aggregated to meet the minimum dollar threshold required for matching funds.

21‑16‑1402.  University academic facilities challenge account.

(a)  The university academic facilities challenge account is created.

(b)  The state treasurer shall invest amounts deposited within the account in accordance with law. All investment earnings shall be credited to the general fund. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) or 9‑4‑207, other funds within the account shall not lapse or revert until directed by the legislature and shall remain available for distribution as provided in this article.

21‑16‑1403.  Academic facilities challenge matching program; state treasurer to administer program account; matching payments; conditions; annual reports; reversion of appropriations.

(a)  The state treasurer shall administer the university academic facilities challenge account established under this article. The following shall apply:

(i)  To the extent that funds are available in the challenge account, the state treasurer shall match each qualifying contribution actually received by the University of Wyoming foundation by transferring from the challenge account to the university an amount equal to the amount of the qualifying contribution. Qualifying contributions made directly to the university shall be considered qualifying contributions to the foundation for purposes of this article. The university shall expend both the qualifying contributions and the matching funds solely for the cost of establishing new or renovating existing university academic facilities as approved by the university president and board of trustees for which private fundraising is deemed to be feasible. Authorized expenditures for academic facilities include but are not limited to all expenditures necessary for planning, designing, procuring contractors, construction management and actual construction;

(ii)  The state treasurer shall make transfers to the university under this section not later than the end of the calendar quarter following the quarter during which the qualifying contribution is received. If a qualifying contribution is made through a series of payments or transfers, no matching funds shall be transferred by the state treasurer until the total value of all payments or transfers actually received toward the contribution totals at least twenty-five thousand dollars ($25,000.00). Thereafter, matching funds shall be transferred as payments or transfers toward that qualifying contribution are received by the foundation;

(iii)  The state treasurer shall distribute funds or encumber funds for future distribution in the case of a written commitment, to match a qualifying contribution based on the order in which each qualifying contribution is actually received or in which a written commitment to make a qualifying contribution is received by the foundation. Matching funds shall not be distributed or encumbered in excess of the amount within the challenge account.  No matching funds shall be transferred to the university except to match qualifying contributions actually received. The state treasurer shall rescind an encumbrance if the university notifies him that a donor who made a commitment will not make a qualifying contribution that is eligible for matching funds under this section;

(iv)  For the purpose of calculating the matching amount only, the state treasurer shall use the value of a qualifying contribution based on its fair market value at the time the contribution is received by the university foundation. The university shall provide evidence of fair market value as the state treasurer requires for each qualifying contribution. The state treasurer's office shall not bear any costs associated with providing evidence;

(v)  The University of Wyoming shall on or before October 1 of each calendar year submit a report to the state treasurer from the university foundation regarding the matching program established under this section for the preceding fiscal year. The report shall include a financial summary and a review of the accomplishments resulting from program expenditures. The state treasurer shall distribute the report to the governor and the joint education interim committee.

(vi)  Repealed By Laws 2009, Ch. 52, § 3.

CHAPTER 3
GENERAL FEES

31‑3‑101.  Registration fees; exemptions.

(a)  Except as otherwise provided, the following fees shall accompany each application for the registration of a vehicle:

(i)  A county registration fee computed as follows, or five dollars ($5.00), whichever is greater:

(A)  3% of 60% of the factory price for a vehicle in its first year of service;

NOTE:  Effective 1/1/2010, this section will read as follows:
(A)  3% of 60% of the factory price plus special equipment value for a vehicle in its first year of service;

(B)  3% of 50% of the factory price for a vehicle in its second year of service;

NOTE:  Effective 1/1/2010, this section will read as follows:
(B)  3% of 50% of the factory price plus special equipment value for a vehicle in its second year of service;

(C)  3% of 40% of the factory price for a vehicle in its third year of service;

NOTE:  Effective 1/1/2010, this section will read as follows:
(C)  3% of 40% of the factory price plus special equipment value for a vehicle in its third year of service;

(D)  3% of 30% of the factory price for a vehicle in its fourth year of service;

NOTE:  Effective 1/1/2010, this section will read as follows:
(D)  3% of 30% of the factory price plus special equipment value for a vehicle in its fourth year of service;

(E)  3% of 20% of the factory price for a vehicle in its fifth year of service;

NOTE:  Effective 1/1/2010, this section will read as follows:
(E)  3% of 20% of the factory price plus special equipment value for a vehicle in its fifth year of service;

(F)  3% of 15% of the factory price for a vehicle in its sixth year of service and thereafter.

NOTE:  Effective 1/1/2010, this section will read as follows:
(F)  3% of 15% of the factory price plus special equipment value for a vehicle in its sixth year of service and thereafter.

(ii)  A state registration fee computed as follows:

(A)  Passenger cars ....................... $15.00

(B)  School buses ......................... $10.00

(C)  House trailers ....................... $15.00

(D)  Motorcycles and multipurpose vehicles $12.00

(E)  Other noncommercial vehicles based on unladen weight:

(I)  1,000 pounds or less................ $ 2.00

(II)  1,001 to 3,500 pounds.............. $15.00

(III)  3,501 to 4,500 pounds............. $20.00

(IV)  4,501 to 5,500 pounds.............. $30.00

(V)  5,501 to 6,000 pounds............... $40.00

(VI)  6,001 pounds or more............... $60.00

(F)  Commercial vehicles, except passenger cars, school buses, house trailers, multipurpose vehicles and motorcycles for which the fees shall be computed based on gross vehicle weight pursuant to W.S. 31‑18‑401;

(G)  For vehicles equipped with nonpneumatic tires of an unladen weight in excess of 3,500 pounds, increase the fees prescribed by subparagraph (E) of this paragraph and W.S. 31‑18‑401(a)(ii)(A) by twenty dollars ($20.00);

NOTE: Effective 1/1/2010, this section is repealed by Laws 2009, Ch. 16, § 4.

(H)  Commercial vehicles being operated as a combination of two (2) or more vehicles shall be registered on the gross combined weight and pay fees as prescribed by W.S. 31‑18‑401(a)(ii)(A) and 31‑18‑401(a)(iii).

(iii)  Except as otherwise provided in W.S. 31‑18‑201(d)(iii), an equalized highway use tax collected by the department in lieu of the county registration fee imposed by paragraph (a)(i) of this section for commercial vehicles or fleets proportionally registered under W.S. 31‑18‑201(d)(ii).

(b)  The fees prescribed by subsection (a) of this section are modified for owners of the following vehicles:

(i)  Repealed by Laws 1987, ch. 90, § 2.

(ii)  Repealed by Laws 1987, ch. 90, § 2.

(iii)  War veteran owners of vehicles entitled to exemptions pursuant to W.S. 39‑11‑105(a)(xxiv) and 39‑13‑105 may claim unused exemptions against the fees prescribed by paragraph (a)(i) of this section;

(iv)  Repealed by Laws 1987, ch. 90, § 2.

(v)  Repealed by Laws 1997, ch. 154, § 3.

(vi)  Any veteran as defined by W.S. 39‑13‑105(a) who was a prisoner of war while serving in the armed forces of the United States is exempt from the fees provided by subsection (a) of this section for one (1) vehicle owned by the claimant.  In order to receive the exemption, the claimant shall file with the county treasurer a sworn claim at the time of registration indicating the claimant's right to the exemption. County assessors shall file notice of the number of exemptions granted and revenue lost in the same manner provided by W.S. 39‑13‑102(k);

(vii)  Fees prescribed in subsection (a) of this section for vehicles not previously qualified for operation in this state are reduced by the proportionate share of the year prior to first operation if the vehicles have not been illegally operated on the highways of this state prior to application for registration;

(viii)  A farmer, rancher, logger or well servicer who owns a commercial vehicle or combination of commercial vehicles operated by him or his employees primarily in agricultural operations, logging operations from the source to the mill, or in the servicing of well field operations and registered with the county treasurer under W.S. 31‑18‑201(b)(ii) shall pay twenty‑five percent (25%) of the fee prescribed in subparagraph (a)(ii)(F) of this section;

(ix)  An owner of a commercial vehicle or combination of vehicles registered with the county treasurer under W.S. 31‑18‑201(b)(ii), except for a vehicle owner whose fee is modified pursuant to paragraph (viii) of this subsection, shall pay a percentage of the state registration fee prescribed by subparagraph (a)(ii)(F) of this section as provided in the table below if the owner states under oath on a form prescribed and furnished by the department that the owner will not operate the vehicle or combination of vehicles more than the applicable number of miles stated in the table below on highways in the calendar year of registration:

     NUMBER OF MILES                       PERCENTAGE OF
        OPERATED                             STATE FEE
     2,500 miles or less                        15%
     2,501 to 5,000                             20%
     5,001 to 10,000 miles                      25%
     10,001 to 20,000 miles                     50%
     20,001 to 30,000 miles                     75%

(x)  The department shall prescribe by rule and regulation a means to identify conspicuously the vehicle or combination of vehicles for which a percentage of the state fee is paid at the time of registration pursuant to paragraphs (viii) and (ix) of this subsection.  The department shall furnish the means of identification to each county treasurer to be issued at the time of registration.  The vehicle owner shall display the means of identification as required by rules and regulations of the department.  Failure to display the identification as required shall result in the penalties provided by law for failure to display a license plate;

(xi)  If an owner of a commercial vehicle or combination of vehicles who pays a percentage of the state fee pursuant to paragraph (ix) of this subsection desires to increase the authorized amount of mileage for which the vehicle or combination of vehicles is registered, he shall pay an additional fee equal to the fee due for the additional amount of miles less the amount of fee paid at the time of registration.  If the department determines through an audit, a verification of mileage statements or other means that the owner of a commercial vehicle or combination of vehicles has exceeded the authorized amount of mileage, an additional fee shall be due equal to twice the amount that should have been paid for the actual amount of miles driven less the fee paid pursuant to this paragraph and paragraph (ix) of this subsection;

(xii)  The fees prescribed in subparagraph (a)(ii)(F) and paragraph (a)(iii) of this section may be paid at the option of the registrant in two (2) equal installments in the calendar year nineteen hundred ninety (1990).  The equal installments are due and payable on March 31, 1990, and on July 31, 1990. For the calendar year nineteen hundred ninety‑one (1991) and thereafter the fees are due as provided in W.S. 31‑2‑201(a)(i) and (ii);

NOTE: Effective 1/1/2010, this section is repealed by Laws 2009, Ch. 16, § 4.

(xiii)  A vehicle designed and used exclusively for the purpose of removing, towing or transporting wrecked, disabled or replacement vehicles incidental to an accidentally wrecked or disabled vehicle shall be considered a single unit and the fees prescribed by subparagraph (a)(ii)(F) and paragraph (a)(iii) of this section shall be based only on the gross weight of the towing vehicle;

(xiv)  From and after January 1, 1993, vehicles owned and primarily operated by an enrolled member of the Eastern Shoshone or Northern Arapaho Indian tribe who resides within the exterior boundaries of the state of Wyoming on the Wind River Indian Reservation or on other Indian country as defined by 18 U.S.C. § 1151 are exempt from fees provided by paragraph (a)(i) of this section.  In order to receive the exemption, the claimant shall file a sworn claim with the county treasurer at the time of registration indicating the claimant's right to the exemption.  County treasurers shall file notice of the exemptions granted and revenue lost and may be reimbursed by the state treasurer for all or a portion of revenue lost from funds appropriated for that purpose, in the same manner and subject to the same time limitation as provided for veteran exemptions under W.S. 39‑13‑102(k).  The department, in consultation with the state treasurer, shall prescribe forms and procedures necessary to implement this paragraph;

(xv)  A disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran's affairs is exempt from the fees imposed under subsection (a) of this section for one (1) vehicle, other than a bus or motor home, owned by the claimant.  Application for the exemption under this paragraph shall be in accordance with W.S. 31‑2‑215.  County treasurers shall file notice with the department of revenue of the number of exemptions granted and the fiscal impact on revenues.

(c)  When no factory price is available for the computation of fees as required by this act an affidavit of valuation executed by the owner may be accepted. When an affidavit is presented for a homemade trailer the valuation given shall not be less than the actual cost of construction of the trailer. The county clerk or treasurer may also utilize a valuation for any trailer set by the county assessor.

NOTE: Effective 1/1/2010, this section will read as follows:
(c)  When a factory price or special equipment value is not available for the computation of fees as required by this act an affidavit of valuation executed by the owner may be accepted. When an affidavit is presented for a homemade trailer or homemade special equipment, an affidavit of valuation executed by the owner may be accepted but the valuation given shall not be less than the actual cost of construction of the trailer or homemade special equipment. The county clerk or treasurer may also utilize a valuation for any trailer set by the county assessor. In no event shall any special equipment for which a registration has been issued be assessed for property taxation purposes pursuant to W.S. 39‑13‑103.

(d)  The fees prescribed by subsection (a) of this section collected for the registration of a vehicle are in lieu of taxes provided by W.S. 39‑13‑101 through 39‑13‑111.

(e)  Repealed by Laws 1990, ch. 93, § 3.

(f)  Repealed by Laws 1990, ch. 93, § 3.

(g)  Owners of the following vehicles are exempt from the payment of fees provided by subsections (a) and (b) of this section:

(i)  Vehicles owned by the United States, state of Wyoming, county, city, town or political subdivision of Wyoming or a joint powers board created under W.S. 16‑1‑101 through 16‑1‑109, or vehicles owned by an irrigation district created under W.S. 41‑7‑201 through 41‑7‑210 or vehicles owned by a weed and pest control district created under W.S. 11‑5‑101 et seq. provided the vehicles are essential to the operation and maintenance of the district and are used for no business or commercial activity unrelated to the operation and maintenance of the district, or vehicles owned by a senior citizen center that is providing services to senior citizens under W.S. 18‑2‑105;

(ii)  Motor vehicles which will not be operated or driven upon Wyoming highways during the registration year upon the verified affidavit by the owner stating facts entitling him to relief;

NOTE:  Effective 1/1/2010, this section will read as follows:
(ii)  Motor vehicles which have not been operated or driven upon Wyoming highways during the registration year upon the verified affidavit by the owner stating facts entitling him to relief;

(iii)  Antique motor vehicles;

NOTE:  Effective 1/1/2010, this section will read as follows:
(iii)  Antique motor vehicles if registered pursuant to W.S. 31‑2‑223;

(iv)  Vehicles held for sale by licensed Wyoming dealers or manufacturers.

(h)  Any owner of a vehicle who wishes to donate money to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts shall be provided space on the registration form to do so pursuant to W.S. 31‑2‑201(b)(v). Any money received under this subsection shall be forwarded by the county treasurer to the state treasurer to be deposited into a separate account to be used as provided by W.S. 35‑5‑225.

NOTE: Effective 1/1/2010, this section will read as follows:
(h)  Any owner of a vehicle who wishes to donate money to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts shall be provided space on the registration form to do so pursuant to W.S. 31‑2‑225(a)(v). Any money received under this subsection shall be forwarded by the county treasurer to the state treasurer to be deposited into a separate account to be used as provided by W.S. 35‑5‑225.

ARTICLE 10
WYOMING CRITICAL ACCESS/RURAL HOSPITAL ENDOWMENT
CHALLENGE PROGRAM

35‑1‑1001.  Wyoming critical access or rural hospital endowment challenge program.

The Wyoming critical access/rural hospital endowment challenge program is created.

35‑1‑1002.  Definitions.

(a)  As used in this article:

(i)  "Challenge account" means the critical access or rural hospital endowment challenge account created under this article;

(ii)  "Critical access or rural hospital" means:

(A)  A county hospital established pursuant to W.S. 18‑8‑101, et seq., or a special district hospital established pursuant to W.S. 35‑2‑401, et seq., that is certified to receive cost-based reimbursement from Medicare or has forty (40) beds or less; or

(B)  A hospital that is certified to receive cost-based reimbursement from Medicare or has forty (40) beds or less which is owned by a private not for profit entity and is operated in a county in this state in which there is no hospital meeting the requirements of subparagraph (A) of this paragraph.

(iii)  "Endowment gift" means an irrevocable gift or transfer to a Wyoming critical access or rural hospital foundation of money or other property, whether real, personal, tangible or intangible, and whether or not the donor or transferor retains an interest in the property, where the gift or the foundation's interest in the property is required to be used by the foundation exclusively for endowment purposes, provided:

(A)  The gift was received or the transfer occurred during the period July 1, 2007, through June 30, 2012; or

(B)  A commitment to make the gift or transfer was made in writing to the respective critical access or rural hospital foundation, which commitment was received during the period July 1, 2007, through June 30, 2012, and the gift was received or the transfer occurred not later than June 30, 2013.

(iv)  "Foundation" means an organization established for each critical access or rural hospital that among other purposes, exists to generate additional revenues for critical access or rural hospital programs and activities;

(v)  "Permanent endowment funds managed by a Wyoming critical access or rural hospital foundation" means the endowment funds that are invested by the respective Wyoming critical access or rural hospital foundation on a permanent basis and the earnings on those investments are dedicated to be expended exclusively to benefit and promote the mission, operation or any program or activity of the respective critical access or rural hospital, including but not limited to capital and programmatic expenses, healthcare, increases to the corpus of the endowment and to defray reasonable costs of endowment administration.

35‑1‑1003.  Wyoming critical access or rural hospital endowment challenge account.

(a)  The Wyoming critical access or rural hospital endowment challenge account is created and shall consist of separate accounts, one (1) account for each Wyoming critical access or rural hospital.

(b)  The state treasurer shall invest funds within the account created under subsection (a) of this section and shall deposit the earnings from account investments to the general fund.

35‑1‑1004.  Endowment challenge account matching program; matching payments; agreements with foundations; annual reports.

(a)  To the extent funds are available in the separate account of any critical access or rural hospital within the endowment challenge account, the state treasurer shall match endowment gifts actually received by that critical access or rural hospital's foundation.  A match shall be paid under this subsection by the state treasurer at the time any accumulated amounts actually received by a critical access or rural hospital foundation total ten thousand dollars ($10,000.00) or more.  The match shall be made by transferring from the separate challenge account to the appropriate critical access or rural hospital board of trustees an amount equal to the amount accumulated by the foundation or, if the critical access or rural hospital was eligible to receive revenues from any tax imposed under W.S. 35-2-414(b) and (c) and a tax was not levied or was levied pursuant to one (1) but not both of those subsections, an amount equal to fifty percent (50%) of the amount accumulated by the foundation.  The board shall immediately transfer all matching funds received to its foundation.  The  critical access or rural hospital foundation shall match the funds received under this subsection with an equal amount of foundation funds to be managed in accordance with subsection (b) of this section.

(b)  Each critical access hospital shall enter into an agreement with its foundation under which the foundation shall manage the matching funds received under subsection (a) of this section in the same manner as other permanent endowment funds are managed by its foundation, including the permanent investment of funds, maintenance of the fund corpus as inviolate and the expenditure of fund earnings for endowment purposes only. 

(c)  Earnings from endowment funds established with matching funds under this section shall be expended only for the purpose of the endowment, including increasing the balance in the fund corpus and reasonable costs of administration.

(d)  The state treasurer shall make transfers to the appropriate critical access hospital board under this section not later than the end of the calendar quarter following the quarter during which foundation gifts total at least ten thousand dollars ($10,000.00).  If gifts are made through a series of payments or transfers, no matching funds shall be transferred under this section until the total value of all payments or transfers actually received totals at least ten thousand dollars ($10,000.00).

(e)  Matching funds paid under this section shall not be distributed to or encumbered by any critical access or rural hospital foundation in excess of the amount in the challenge account for that critical access or rural hospital.  Matching funds shall not be transferred to any critical access or rural hospital board by the state treasurer or from any such board to a foundation except to match gifts actually received by the foundation.

(f)  If the foundation's board of any critical access or rural hospital determines that the purpose of an endowment gift to the critical access or rural hospital is not consistent with the mission or capability of that critical access or rural hospital, the gift shall not qualify for matching funds under this section.

(g)  For the purpose of computing the matching amount, the state treasurer shall use the value of an endowment gift based upon its fair market value at the time the gift is received by the critical access or rural hospital foundation.  The critical access or rural hospital shall provide evidence of fair market value for any gift if requested by the state treasurer and shall fund the cost of providing any requested evidence.

(h)  Each critical access or rural hospital shall on or before October 1 of each year submit a report to the state treasurer from its foundation on the endowment matching program under this section for the preceding fiscal year.  The report shall include a financial summary and a review of the accomplishments resulting from endowment program expenditures.  The report required under this subsection shall be for each applicable fiscal year through June 30, 2014.

(j)  Notwithstanding any other provision of this article, for any critical access or rural hospital qualifying under the provisions of W.S. 35‑1‑1002(a)(ii)(B), funds provided under this article shall be disbursed only to the board of county commissioners in which the hospital is located.  The board of county commissioners shall provide those funds to the critical access or rural hospital under contract between the board of county commissioners and the critical access or rural hospital, which contract shall incorporate all provisions of this article and which shall control the distribution and use of those funds.

39‑13‑104.  Taxation rate.

(a)  Authorized mill levies. There shall be annually levied and assessed upon the taxable value of property within Wyoming the following state taxes when applicable:

(i)  Not to exceed four (4) mills as certified by the board to be credited to the state general fund;

(ii)  Not to exceed one (1) mill as certified by the board as provided by W.S. 9‑4‑302;

(iii)  The number of mills necessary for the payment of the state debt and interest thereon not to exceed the limitation prescribed by article 16, section 1, Wyoming constitution;

(iv)  Not to exceed twelve (12) mills for school purposes as certified by the board as provided by W.S. 21‑13‑303.

(b)  There shall be annually levied and assessed upon the taxable value of property within each Wyoming county the following county taxes when applicable:

(i)  Not to exceed twelve (12) mills as determined by the board of county commissioners which shall include mill levies, if any, for the following purposes:

(A)  The number of mills to be dedicated to the operation of a county hospital;

(B)  The number of mills to be dedicated to the operators of a county library;

(C)  The number of mills to be dedicated to the operation of a county fair;

(D)  The number of mills to be dedicated to the operation of a county museum;

(E)  The number of mills to be dedicated to the support of public assistance and social services;

(F)  The number of mills to be dedicated to the operation of an airport;

(G)  The number of mills to be dedicated for civil defense;

(H)  The number of mills to be dedicated for a county building fund as provided by W.S. 18‑4‑201;

(J)  The number of mills to be dedicated to road and bridge purposes;

(K)  The number of mills to be dedicated for recreation purposes as provided by W.S. 18‑9‑201;

(M)  The number of mills to be dedicated for public health purposes as provided by W.S. 35‑1‑304.

(ii)  Six (6) mills for school purposes as provided by W.S. 21‑13‑201;

(iii)  The number of mills necessary for the payment of the county debt and interest thereon not to exceed the limitation prescribed by article 16, sections 3 and 5, Wyoming constitution.

(c)  There shall be annually levied and assessed upon the taxable value of property within the limits of incorporated cities and towns the following city and town taxes when applicable:

(i)  Not to exceed eight (8) mills which shall include mill levies, if any, for the following purposes:

(A)  Not to exceed one (1) mill for band concerts;

(B)  The number of mills to be dedicated for police pensions;

(C)  The number of mills to be dedicated for recreation purposes as provided by W.S. 18‑9‑201;

(D)  The number of mills to be dedicated for public health purposes as provided by W.S. 35‑1‑304.

(ii)  The number of mills necessary for the payment of the city or town debt including interest thereon not to exceed the limitation prescribed by article 16, section 5, Wyoming constitution.

(d)  There shall be annually levied and assessed upon the taxable value of property within the limits of Wyoming school districts the following school taxes when applicable:

(i)  Not to exceed the number of mills provided by W.S. 21‑13‑102;

(ii)  Not to exceed two and one‑half (2 1/2) mills for vocational and adult education as provided by W.S. 21‑12‑103;

(iii)  Not to exceed one (1) mill for recreation purposes as provided by W.S. 18‑9‑201;

(iv)  The number of mills necessary for the payment of the school district debt plus interest thereon not to exceed the limitation prescribed by article 16, section 5, Wyoming constitution;

(v)  The number of mills necessary for a school building fund as provided by W.S. 21‑13‑501 through 21‑13‑503.

(e)  There shall be annually levied and assessed upon the taxable value of property within the limits of the following special districts the following special district taxes when applicable:

(i)  Not to exceed ten (10) mills by a community college district as provided by W.S. 21‑18‑304(a)(vii) and 21‑18‑311(f) plus the number of mills necessary for the payment of the community college district debt plus interest thereon not to exceed the limitations prescribed by W.S. 21‑18‑314(a);

(ii)  Not to exceed six (6) mills by a hospital district as provided by W.S. 35‑2‑414(b), (c) and (d) plus the number of mills necessary for the payment of the district debt plus interest thereon not to exceed the limitations prescribed by W.S. 35‑2‑415;

(iii)  Not to exceed three (3) mills by a special cemetery district as provided by W.S. 35‑8‑314 plus the number of mills necessary for the payment of the district debt plus interest thereon not to exceed the limitations prescribed by W.S. 35‑8‑316;

(iv)  Not to exceed three (3) mills by a fire protection district as provided by W.S. 35‑9‑203(b) plus the number of mills necessary for the payment of the district debt plus interest thereon not to exceed the limitations prescribed by W.S. 35‑9‑204;

(v)  Not to exceed one (1) mill by a sanitary and improvement district as provided by W.S. 35‑3‑109 plus the number of mills necessary for the payment of the district debt plus interest thereon not to exceed the limitations prescribed by W.S. 35‑3‑115;

(vi)  Not to exceed one (1) mill by a special museum district as provided by W.S. 18‑10‑213(b) plus the number of mills necessary for the payment of the district debt plus interest thereon not to exceed the limitations prescribed by W.S. 18‑10‑214;

(vii)  Not to exceed three (3) mills by a solid waste disposal district as provided by W.S. 18‑11‑103(a);

(viii)  Not to exceed one (1) mill for a county weed and pest control district as provided by W.S. 11‑5‑111 and not to exceed an additional one (1) mill as provided by W.S. 11‑5‑303;

(ix)  Not to exceed eight (8) mills by a water and sewer district as provided by W.S. 41‑10‑114 plus the number of mills necessary for the payment of the district debt plus interest thereon not to exceed the limitations prescribed by W.S. 41‑10‑127 plus the number of mills to create a reserve fund as authorized by W.S. 41‑10‑119;

(x)  Not to exceed one (1) mill by a water conservancy district as provided by W.S. 41‑3‑771 and 41‑3‑775;

(xi)  Not to exceed four (4) mills by a rural health care district as provided by W.S. 35‑2‑708(c);

(xii)  Not to exceed one (1) mill by a soil and water conservation district as provided by W.S. 11‑16‑133 and 11‑16‑134;

(xiii)  Not to exceed two (2) mills by a senior citizen service district as provided by W.S. 18‑15‑110.

(f)  There shall be annually levied and assessed upon the taxable value of the property indicated within the limits of the political subdivision, governmental entity or special district indicated, the following taxes when applicable:

(i)  Not to exceed twelve (12) mills by a flood control district upon real property as provided by W.S. 41‑3‑803;

(ii)  Not to exceed one (1) mill as determined by a board of county commissioners upon all property within the county excluding property lying within an incorporated city or town or rural fire district under W.S. 18‑3‑509;

(iii)  Any special assessment as provided by law.

(g)  Rail car companies.  The department shall each year make a levy equal to the statewide average county, school district and state levy for the year immediately preceding against the values assessed for each of the counties through which the rail cars may have been operated. When the tax due is determined the department shall send to each owner a statement of the amount of the assessment, the rate of levy and the amount of tax due, which shall be paid to the department of revenue. When all these taxes have been collected the state treasurer shall pay to the respective county treasurers the amount due their counties.

(h)  The following shall apply to property tax for community colleges:

(i)  Except as provided in paragraph (ii) of this subsection, effective for calendar year 1990 and thereafter a tax of four (4) mills shall be levied on the assessed value of each county in this state in which there is located a community college as defined by W.S. 21‑18‑102(a) and operated by a community college district established under W.S. 21‑18‑301 through 21‑18‑317. The tax shall be assessed, levied and collected at the same time and in the same manner as other property taxes. Proceeds from the tax shall be paid to the community college in the county in which the taxes are collected and shall be used for the regular support and operation of the college;

(ii)  The tax imposed under paragraph (i) of this subsection shall be reduced by the amount of tax levied against the same property during the same tax year pursuant to W.S. 21‑18‑304(a)(vii). The tax under paragraph (i) of this subsection shall not be imposed if the qualified voters of the area of the county in which the tax under W.S. 21‑18‑304(a)(vii) is not imposed vote to reject imposition of the tax under paragraph (i) of this subsection before January 1, 1990. The election shall be held in accordance with procedures provided by W.S. 22‑21‑104 through 22‑21‑110 upon petition signed by at least ten percent (10%) of the qualified electors residing in that area of the county in which a tax under W.S. 21‑18‑304(a)(vii) is not imposed.  The petition shall be submitted to the board of county commissioners which shall pay all costs incident to the election.  The number of electors required for a petition shall be determined by the number of votes cast in that area in the last general election.  The tax under paragraph (i) of this subsection shall be imposed if no election is held under this paragraph or if the voters vote to not reject imposition of the tax.  The ballot in an election under this paragraph shall state the question substantially in the following form:

     "Shall a tax for .... community college of four (4) mills be levied on the assessed value of property in the area of .... county in which a property tax under W.S. 21‑18‑304(a)(vii) for a community college is not currently imposed?"
Yes  ‰    No  ‰    

(j)  On or before August 1 of each year, the state auditor shall certify to the board the amount of all appropriations made by the legislature of the state of Wyoming and the interest on the public debt for which a levy must be made.

(k)  The following shall apply to the certification of tax levies:

(i)  All governmental entities in Wyoming having the power to levy or require the levy of ad valorem taxes shall annually notify the board of county commissioners of the county or counties in which the entity is located, of the amount of tax to be collected against the taxable property of the district, as follows:

(A)  On or before the fourth Monday in May by incorporated cities and towns under four thousand (4,000) inhabitants;

(B)  On or before July 31 by all governmental entities subject to the Uniform Municipal Fiscal Procedures Act and all special purpose districts having the authority under general laws to levy taxes or impose assessments;

(C)  On or before the first Monday in August by the board for state purposes as provided by W.S. 9‑4‑302, 21‑13‑303 and this act.

(ii)  Tax levies for all governmental entities as certified by the board of county commissioners except as otherwise provided by law following notification pursuant to paragraph (a)(i) of this subsection shall be collected by the county treasurer;

(iii)  No levy certified by the board of county commissioners shall exceed the statutory or constitutional limitation for the governmental entity for which the levy is made and the county treasurer shall not collect any levy in excess of those limitations;

(iv)  Each special district shall demonstrate to the county commissioners that a combination of documents, in accordance with the department's rules adopted pursuant to W.S. 39‑11‑102(c)(xxiv) governing tax districts, which includes a legal description or map have been filed with the department, the county clerk and the county assessor that accurately reflect the property within the district, as follows:

(A)  Annually, the department and the county assessor shall issue a notice of compliance to each special district that has filed a combination of documents, in accordance with the department's rules adopted pursuant to W.S. 39‑11‑102(c)(xxiv) governing tax districts, which includes a legal description or map accurately showing the geographical boundaries of the district to date;

(B)  Starting January 1, 2006, the board of county commissioners shall not certify tax levies for any special district without a notice of compliance.

(m)  The following shall apply to the limitations on taxation by new or reorganized taxing entities:

(i)  A governmental entity authorized to levy general property taxes which is formed or organized or which expands its geographical boundaries after January 1 shall not make a tax levy upon the new jurisdictional area for that calendar year. Neither shall the commissioners of the county where the new jurisdiction is located levy on behalf of the taxing entity against property in the new jurisdictional area under the same circumstances;

(ii)  Taxable property located within an area subjected to a reorganization between like taxing entities is subject to taxation by the entity with controlling jurisdiction on January 1.

39‑13‑105.  Exemptions.

(a)  The following persons who are bona fide Wyoming residents for at least three (3) years at the time of claiming the exemption are entitled to receive the tax exemption provided by W.S. 39‑11‑105(a)(xxiv):

(i)  An honorably discharged veteran of the Indian Wars, Spanish American War, Filipino insurrection, Boxer rebellion, Puerto Rico campaign or First World War;

(ii)  An honorably discharged veteran of the Second World War, who served in the military service of the United States between December 7, 1941 and December 31, 1946;

(iii)  An honorably discharged veteran of the Korean War emergency, who served in the military service of the United States between June 27, 1950 and January 31, 1955;

(iv)  An honorably discharged veteran of the Vietnam War emergency, who served in the military service of the United States between February 28, 1961 and May 7, 1975;

(v)  A surviving spouse, during widowhood or widower hood, of any person qualifying under this subsection or who died while serving honorably during the war, conflict or period described in this section.  The tax exemption shall be applied to property the title to which is held by the surviving spouse or to property which is the subject of a trust created by or for the benefit of the surviving spouse;

(vi)  An honorably discharged veteran who served in the military service of the United States, who was awarded the armed forces expeditionary medal or other authorized service or campaign medal indicating service for the United States in any armed conflict in a foreign country;

(A)  Repealed By Laws 2005, ch. 74, § 2.

(B)  Repealed By Laws 2005, ch. 74, § 2.

(C)  Repealed By Laws 2005, ch. 74, § 2.

(D)  Repealed By Laws 2005, ch. 74, § 2.

(E)  Repealed By Laws 2005, ch. 74, § 2.

(F)  Repealed By Laws 2005, ch. 74, § 2.

(G)  Repealed By Laws 2005, ch. 74, § 2.

(H)  Repealed By Laws 2005, ch. 74, § 2.

(J)  Repealed By Laws 2005, ch. 74, § 2.

(K)  Repealed By Laws 2005, ch. 74, § 2.

(M)  Repealed By Laws 2005, ch. 74, § 2.

(N)  Repealed By Laws 2005, ch. 74, § 2.

(O)  Repealed By Laws 2005, ch. 74, § 2.

(P)  Repealed By Laws 2005, ch. 74, § 2.

(Q)  Repealed By Laws 2005, ch. 74, § 2.

(R)  Repealed By Laws 2005, ch. 74, § 2.

(vii)  A disabled veteran with a compensable service connected disability certified by the veterans administration or a branch of the armed forces of the United States.

(b)  The exemption for veterans is limited to an annual exemption of three thousand dollars ($3,000.00) of assessed value.

(c)  Except as provided in subsection (g) of this section, in order to receive the exemption provided by this section the claimant shall file a sworn claim on or before the fourth Monday in May with the county assessor of the county in which the property against which the exemption is sought is located indicating:

(i)  Claimant's right to the exemption;

(ii)  That during the lifetime of the claimant or the claimant's spouse, the claimant or the claimant's spouse is listed as an owner of the property, that the property is the subject of a trust created by or for the benefit of the claimant or the claimant's spouse, or the claimant or the claimant's spouse is listed as a purchaser on a valid and effective contract for deed for the property and evidence of the contract for deed has been recorded with the county clerk;

(iii)  The total tax benefit which the claimant expects to receive under this section to the best of the claimant's knowledge;

(iv)  That the exemption for real property shall only apply to the principal residence of the veteran or qualifying surviving spouse;

(v)  That the exemption shall be claimed by the veteran or qualifying surviving spouse in not more than one (1) county in this state.

(d)  Any claimant who is honorably discharged from military service and files a claim after the fourth Monday in May is entitled to receive the exemption for that taxable year in addition to the exemption allowed during the ensuing tax year if a claim is filed on or before the fourth Monday in May of the ensuing calendar year.

(e)  The county assessor shall accept a claim made by a claimant's spouse, or may waive the filing of a claim and allow an exemption, in the case of a qualified claimant who reentered the armed services of the United States on or before the fourth Monday in May of the year in which the exemption is claimed.

(f)  As used in this section "honorably discharged veteran" means a member of the military forces of the United States whose written evidence of separation from the military forces shows an honorable discharge or the rendition of honorable military service.

(g)  Notwithstanding subsection (c) of this section and except as provided in subsections (d) and (e) of this section, a claimant under this section may file a claim after the fourth Monday in May and receive the exemption for that taxable year but only to modify motor vehicle registration fees as authorized under W.S. 31‑3‑101(b)(iii).

(h)  A surviving spouse, during widowhood or widower hood, is qualified for the tax exemption under W.S. 39‑11‑105(a)(xxiv) and is entitled to apply for it under the same procedure specified in this section for veterans if:

(i)  At the time of the spouse's death, both the veteran and the veteran's spouse were residents of Wyoming;

(ii)  The veteran's spouse has been a resident of Wyoming for at least three (3) years at the time the spouse claims the exemption; and

(iii)  The veteran would have qualified under subsection (a) of this section for a tax exemption had the veteran survived and applied for the exemption.

(j)  Repealed By Laws 2007, Ch. 215, § 3.

(k)  After filing a sworn claim pursuant to subsection (c) of this section, in subsequent years the claimant may qualify for the tax exemption provided by this section and W.S. 39‑11‑105(a)(xxiv) by contacting the assessor's office by telephone or other communication method on or before the fourth Monday in May and verifying that the veteran continues to meet the requirements set forth in this section.

ARTICLE 8
SEVERANCE TAX DISTRIBUTIONS

39‑14‑801.  Severance tax distributions; distribution account created; formula.

(a)  There is created the severance tax distribution account into which shall be credited revenues from severance taxes as provided by law. Interest on earnings from funds in the account shall be credited to the general fund.

(b)  Before making distributions from the severance tax distribution account under subsections (c) through (e) of this section, an amount equal to two-thirds (2/3) of the amount of tax collected under W.S. 39‑14‑104(a)(i) and (b)(i) and 39‑14‑204(a)(i) for the same period shall be deposited into the permanent Wyoming mineral trust fund except that for the fiscal year 2010 these funds shall be deposited as follows:

(i)  Fifty percent (50%) to the permanent Wyoming mineral trust fund; and

(ii)  Fifty percent (50%) to the permanent Wyoming mineral trust fund reserve account created by W.S. 9‑4‑719(b).

(c)  [LUST] Before making distributions from the severance tax distribution account under subsections (d) and (e) of this section, an amount equal to the amount of tax collected under W.S. 39‑17‑104(a)(iii) and 39‑17‑204(a)(ii) for the same period shall be distributed to the corrective action account created by W.S. 35‑11‑1424 and to the financial responsibility account created by W.S. 35‑11‑1427 in an inverse proportion to the amount in the two (2) accounts.

(d)  After making distributions under subsections (b) and (c) of this section, distributions under subsection (e) of this section shall be made from the severance tax distribution account. The amount of distributions under subsection (e) of this section shall not exceed one hundred fifty-five million dollars ($155,000,000.00) in any fiscal year. To the extent that distributions under subsection (e) of this section would exceed that amount in any fiscal year, the excess shall be credited:

(i)  One-third (1/3) to the general fund; and

(ii)  Two-thirds (2/3) to the budget reserve account.

(e)  Deposits into the account created by subsection (a) of this section shall be distributed as follows, subject to subsections (b) through (d) of this section:

(i)  To the general fund, sixty-two and twenty-six hundredths percent (62.26%);

(ii)  To water development account I under W.S. 41‑2‑124(a)(i), twelve and forty-five hundredths percent (12.45%);

(iii)  To water development account II under W.S. 41‑2‑124(a)(ii), two and one tenth percent (2.1%);

(iv)  To the highway fund, four and thirty-three hundredths percent (4.33%), except that if the total unencumbered revenues within the state park road account created by W.S. 24‑14‑102 are less than five hundred thousand dollars ($500,000.00) on July 1, 2001 or on July 1 of any even-numbered year thereafter, the state treasurer shall first distribute revenues to that account in an amount equal to five hundred thousand dollars ($500,000.00) less the total unencumbered revenues in the account on July 1 of that year;

(v)  To counties, seventy-eight hundredths percent (0.78%), subject to the following formula:

(A)  Fifty percent (50%) of the funds distributed under this paragraph shall be distributed to the counties in the same proportion that the population of the county bears to the population of the state; and

(B)  Fifty percent (50%) of the funds distributed under this subsection shall be distributed to the counties based upon the inverse of the assessed valuation of each county as computed under subparagraph (vii)(C) of this subsection.

(vi)  To counties, three and one-tenth percent (3.1%), each county to receive an amount in the proportion which the population of the county bears to total state population;

(vii)  To the road construction and maintenance funds of the various counties as provided by W.S. 24‑2‑110, two and nine-tenths percent (2.9%), except that each county's share of funds under this subsection shall be computed as follows:

(A)  One-third (1/3) shall be distributed to each county in the ratio that the population of the county bears to total state population;

(B)  One-third (1/3) shall be distributed to each county in the ratio that the mileage of county roads in the county bears to total county roads in Wyoming;

(C)  One-third (1/3) shall be distributed to each county as follows:

(I)  Arrange the assessed valuation of each county in descending order by county;

(II)  Calculate the county percentages of assessed valuation relative to total state valuation;

(III)  Calculate the inverse of the county percentage of total state assessed valuation by dividing one (1) by the percentage computed in subdivision (C)(II) of this paragraph;

(IV)  Compute each county share by dividing each inverse calculated under subdivision (III) of this subparagraph by the total sum of the inverses calculated under subdivision (III) of this subparagraph.

(viii)  To cities and towns, nine and twenty-five hundredths percent (9.25%), each city or town to receive an amount in the proportion which the population of the city or town bears to the population of all cities and towns in Wyoming;

(ix)  To the capital construction account, two and thirty-three hundredths percent (2.33%), to be expended for the purposes specified in W.S. 9‑4‑604(k)(ii);

(x)  To the water development account III, five-tenths of one percent (.5%), to be expended for the purposes specified in W.S. 41‑2‑124(d).