SF 125

 2026  26LSO-0498
                        STATE OF WYOMING
                        SENATE FILE NO. SF0125
 Wyoming business council-amendments.
 Sponsored by: Senator(s) Crum, Anderson, Barlow, Crago and
               Nethercott
                                 A BILL
                                   for
1 AN ACT relating to the administration of the government;
2 amending programs, functions and operations of the Wyoming
3 business council; specifying requirements for the Wyoming
4 business council; making conforming amendments; specifying
5 limitations    of   the   Wyoming    business   council;    specifying
6 applicability;      requiring   reports;   creating a      task force;
7 providing     appropriations;       and   providing   for    effective
8 dates.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12Section 1.
13
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1(a)   On and after April 15, 2027 and subject to any
2 other legislation providing otherwise, the Wyoming business
3 council shall:
4
5(i)     Not accept any new applications for grants,
6 loans, bonds or other funding for any programs operated by
7 the Wyoming business council or for any programs for which
8 the council has been delegated administration or operation;
9
10(ii)    Not   process   any   pending   applications   for
11 grants, loans, financial aid, bonds or other funding for
12 any programs operated by the Wyoming business council or
13 for any programs for which the council has been delegated
14 administration or operation;
15
16(iii)    Not approve any grants or financial aid or
17 disburse any grant funds for financial aid for grants or
18 applications not approved or executed before the effective
19 date of this section. For purposes of this paragraph, the
20 business council may disburse grant funds and financial aid
21 encumbered or obligated until April 15, 2027;
22
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1(iv)    Not approve any loans or bonds or disburse
2 any    funds    for    loans     or   bonds  not    approved       or    executed
3 before the effective date of this section.
4
5(b)     Not    later    than       April        30,      2026,     the    Wyoming
6 business council shall report to the joint appropriations
7 committee,       the     joint      minerals,  business  and    economic
8 development       interim      committee,  the      governor,  the    state
9 budget department, the state loan and investment board and
10 the Wyoming energy authority on all of the following:
11
12(i)    The     total       amount  of     grant      funds       and
13 financial       aid      obligated  for      disbursement,  but     not
14 disbursed, approved or executed before the effective date
15 of this section, itemized by program;
16
17(ii)    The     number  of   loans        executed        by     the
18 business council before the effective date of this section
19 that are still outstanding as of the date of the report
20 required under  this subsection. In reporting information
21 under this paragraph, the business council shall itemize
22 each    loan    by    program       and       report      the    recipient       of   each
23 outstanding  loan,    the     terms  and        conditions       of    each
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1 outstanding loan, the repayment schedule for each loan and
2 the    amount   remaining     to   be     repaid    for   each    outstanding
3 loan;
4
5(iii)     The    number       of   bonds      executed       by   the
6 business council before the effective date of this section
7 that are still outstanding as of the date of the report
8 required under       this subsection. In reporting information
9 under   this    paragraph,     the       business   council      shall    report
10 each outstanding bond, the terms and conditions of each
11 outstanding bond and any amount remaining to be paid or
12 repaid for each outstanding bond;
13
14(iv)    All     real   and     personal     property     owned    or
15 held by the business council as of the date of the report
16 required under this subsection. Information reported under
17 this paragraph shall include the program or function for
18 which the property is owned or held;
19
20(v)     Each    program      and   function    administered       or
21 operated by the business council not otherwise specified in
22 this subsection;
23
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1(vi)    Each set or group of funds received by the
2 business council for:
3
4(A)   Funds held or invested by or for the
5 Wyoming business council for any programs for which the
6 business council has statutory authority or other delegated
7 authority    to    operate   and   administer,       and   the     associated
8 programs    and    functions   connected       to    or   funded    by   those
9 funds;
10
11(B)   Funds received by the business council
12 from any nonstate source for disbursement or expenditure
13 for any purpose, program or function for which the business
14 council     has    statutory       authority        or    other    delegated
15 authority    to    operate   and   administer,       and   the     associated
16 programs    and    functions   connected       to    or   funded    by   those
17 funds;
18
19(C)   Funds or accounts held or administered
20 by the Wyoming business council containing funds or created
21 within the revolving investment fund created under article
22 16, section 12 of the Wyoming constitution;
23
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1(D)     Any other program, function or group of
2 funds assigned to the business council by law not otherwise
3 specified in this section.
4
5Section  2.    9-2-2604(c),  9-2-2611(m),  9-12-104      by
6 creating      a        new     subsection  (c),        9-12-105(a)(intro),
7 (b)(intro),       (c)(intro)  and       (d)(intro),  9-12-106(a)(intro)
8 and    (b),    9-12-109  by   creating  a     new    subsection        (o),
9 9-12-201,  9-12-302(a),  9-12-308(b),  9-12-601(b),
10 9-12-801(b),  9-12-902(a),  9-12-1104(a),  9-12-1202,
11 9-12-1301,  9-12-1501(a),  9-20-102(b),  21-18-104  and
12 40-11-102(b) are amended to read:
13
149-2-2604.        Workforce  development  training  fund
15 established.
16
17(c)    Expenditures  from        the        workforce      development
18 training fund for purposes authorized in subsection (b) of
19 this   section  shall    be   approved  by    the    director     of   the
20 department        of    workforce  services  based    on    procedures,
21 criteria       and  performance  measures  established  by
22 regulations.       Notification  of    expenditures  approved    under
23 paragraphs (b)(iii) and (iv) of this section and a copy of
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1 the    training      fund    application        shall    be   provided    to   the
2 Wyoming business council, subject to W.S. 9-12-104(c). The
3 director     of   the       department     of    workforce     services       shall
4 report annually to the governor and the legislature on the
5 expenditures made from the training fund in the preceding
6 fiscal year and the results of the activities funded by the
7 training fund.
8
99-2-2611.       Priority economic sector business workforce
10 training programs; eligibility.
11
12(m)   Subject to W.S. 9-12-104(c), the Wyoming business
13 council      shall      assist     the      department        with    review     of
14 information provided under paragraphs (h)(i) and (ii) of
15 this    section,       as    requested      by    the    department.      If   the
16 department determines that an applicant meets the criteria
17 established       in    this    section     and    has     complied    with    the
18 applicable procedures and review processes established by
19 the department, the department may recommend funding for a
20 priority     economic        sector   business  workforce    development
21 program and the disbursement of funds under contract to the
22 eligible      training  provider.  The     recipient      eligible
23 training     provider        shall    use       funds    received     under     the
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1 program in accordance with the provisions of the contract.
2 No funding shall be provided for any program without the
3 written      opinion     of     the   attorney     general       certifying    the
4 legality     of    the       transaction   and     all    documents      connected
5 therein.  Upon       recommendation        of     the     department,
6 certification by the attorney general, and approval by the
7 governor      or     his       designee,     funding       from    the     Wyoming
8 workforce development-priority economic sector partnership
9 subaccount        may    be    distributed    to    the     eligible       training
10 provider.
11
129-12-104.        General powers and duties of the council.
13
14(c)    For the period beginning July 1, 2026 and ending
15 June 30, 2027, the Wyoming business council shall not take
16 any action that expands any program, duty or function of
17 the Wyoming business council and shall not assume any new
18 program,      duty      or    function     until    July    1,     2027,    unless
19 otherwise required by law.
20
219-12-105.        Economic development services.
22
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1(a)    It shall be the duty of the council to encourage,
2 stimulate and support the development and expansion of the
3 economy      of   the    state.      Subject  to     W.S.   9-12-104(c),       the
4 council      is     charged  with        the      following  duties    and
5 responsibilities:
6
7(b)    The council, in consultation with the coordinator
8 of      economic        diversification,  shall       implement       the
9 "startup:Wyoming"  program        in      priority       economic       sectors
10 identified in the approved twenty (20) year comprehensive
11 economic  diversification  strategy  under  W.S.
12 9-12-1402(a)(iv), subject to W.S. 9-12-104(c).  The program
13 shall:
14
15(c)    The  council  shall  administer  a
16 "kickstart:Wyoming"  program  to    provide       funding     to    early
17 stage    ventures       of     Wyoming  based      entrepreneurs.  Funding
18 under this subsection shall be provided upon approval of
19 the    council,      subject      to    W.S.        9-12-104(c).  The   council
20 shall    adopt      rules      for    funding        under     this    subsection       in
21 consultation  with  the  coordinator  of  economic
22 diversification.  Funding shall be in amounts ranging from
23 five thousand dollars ($5,000.00) to fifty thousand dollars
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1 ($50,000.00)        and      be     provided        under        the     following
2 conditions:
3
4(d)   The   council        shall       administer    a    small       business
5 innovation    research  matching       program    in      accordance     with
6 this subsection, subject to W.S. 9-12-104(c). The program
7 shall    match     federal        funds       approved     for    Wyoming      based
8 companies    as    provided        in    this    subsection.  The   program
9 shall be administered by the council in consultation with
10 the University of Wyoming research office. The following
11 shall apply to the program under this subsection:
12
139-12-106.     Planning and research.
14
15(a)   Subject to W.S. 9-12-104(c), it shall also be the
16 duty of the council to:
17
18(b)   Subject      to      W.S.    9-12-104(c),        the   council      may
19 establish    a     Wyoming        market      research     center      to    conduct
20 regional, national and  international market  research      for
21 Wyoming small businesses and potential entrepreneurs and to
22 conduct market feasibility studies for value added projects
23 across all economic sectors, including agriculture.  The
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1 center may utilize the services of student interns from the
2 University        of    Wyoming   and     community       colleges        to   provide
3 those students with practical marketing experience.
4
59-12-109.        Promotion       of    agriculture;  financing        of
6 agriculture processing projects; revenue bonds.
7
8(o)    This section and any program or funding provided
9 for in this section shall be subject to W.S. 9-12-104(c).
10
119-12-201.        Assumption of science technology and energy
12 authority functions.
13
14 In     assuming        the    functions      of    the    science     energy       and
15 technology        authority,      the     council        shall    administer       the
16 program      in    accordance      with      the   provisions        of    this    act
17 generally     and       the    specific      provisions      of     this       article,
18 subject to W.S. 9-12-104(c).
19
209-12-302.        Wyoming partnership challenge loan program;
21 creation; rulemaking; administration account.
22
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1(a)    The      council   shall     establish       and    administer        a
2 partnership challenge loan program under this article and
3 may contract for necessary professional services, subject
4 to   W.S.    9-12-104(c).        Loans    authorized      under     the    program
5 shall be limited, except as otherwise provided under W.S.
6 9-12-304(c)  through      (k),     to      community  development
7 organizations and state development organizations and made
8 in accordance with the provisions of W.S. 9-12-304. Any
9 community      development       organization       or    state      development
10 organization may submit an application to the council to
11 participate       in    the    program    on     forms    prescribed        by    and
12 subject to rules promulgated by the council.
13
149-12-308.        Large project loan program.
15
16(b)    Subject to W.S. 9-12-104(c), funds in the large
17 project account within the revolving investment fund shall
18 be used exclusively to promote and aid economic development
19 of   the     state     by   providing     loan    guarantees        or    loans    to
20 proposed or existing enterprises that will employ people
21 within      the   state,      provide     services       in   the    state,       use
22 resources in the state or otherwise add economic value to
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1 goods, services or resources within the state consistent
2 with this section.
3
49-12-601.  Wyoming       business       ready        community       program;
5 purpose; creation; rulemaking.
6
7(b)       The    council        shall       establish        and       administer    a
8 Wyoming      business  ready    community  program        as    provided     by
9 this article and subject to W.S. 9-12-104(c). Any city,
10 town, county or the Eastern Shoshone or Northern Arapaho
11 tribe, or the cooperative tribal governing body, may submit
12 an application to the council for a grant or loan under the
13 program      on        forms    prescribed  by    and       subject      to    rules
14 promulgated by the council. Grants or loans may be applied
15 for    by    a    joint    powers        board       with     the       approval      of   all
16 participating  agencies        to     the       joint      powers      agreement.
17 Grants and loans may be made by the council for economic or
18 educational  development,  planning  or     infrastructure
19 projects,  including        the       purchase  of     land,      buildings,
20 facilities,        telecommunications  infrastructure,  rights     of
21 way,        airports,  sewer  and     water  projects,  roads,
22 landscaping,  recreational  and     convention  facilities        or
23 other       infrastructure  determined  by    the       council      to    be
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1 consistent with the purposes of this article. In adopting
2 rules and making grants and loans under this article the
3 council       shall     require       all    projects       to    be     related    to
4 economic  or  educational       development,  planning       or
5 infrastructure, which shall not include rehabilitation or
6 expansion      of      existing      infrastructure  unless     the   council
7 determines the rehabilitation or expansion is necessary to
8 meet    the    purposes        of   this     article.      Planning      grants    and
9 loans shall be limited as provided in subsection (m) of
10 this section. All grants or loans made under this article
11 shall be referred by the council to the state loan and
12 investment       board       for    final    approval      or    disapproval.      The
13 state     loan        and    investment       board     may      adopt    rules     as
14 necessary to implement its duties under this article.
15
169-12-801.        Wyoming        community  facilities        program;
17 purpose;      creation;        administration  by    council;      rulemaking
18 authority; eligible projects.
19
20(b)    The council shall administer a Wyoming community
21 facilities program as provided by this article, subject to
22 the approval of grants and loans by the state loan and
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1 investment board as provided by this article and subject to
2 W.S. 9-12-104(c).
3
49-12-902.       Wyoming       workforce     housing        infrastructure
5 program; creation; rulemaking.
6
7(a)     The    council      shall      establish     and    administer    a
8 Wyoming        workforce       housing        infrastructure        program     as
9 provided by this article, subject to W.S. 9-12-104(c). Any
10 city,       town,    county,      special     improvement    district    or   the
11 Eastern       Shoshone       or     Northern     Arapaho      tribe,    or    the
12 cooperative  tribal        governing      body,      may     submit     an
13 application to the council for a loan under the program on
14 forms prescribed by and subject to rules promulgated by the
15 council. Loans may be applied for by a joint powers board
16 with    the    approval       of   all    participating      agencies    to   the
17 joint powers agreement. Loans may be made by the council
18 for workforce housing infrastructure projects and community
19 land trust projects. In adopting rules and making loans
20 under this article the council shall require all projects
21 to     be    related    to     workforce       housing     infrastructure       or
22 community land trusts.
23
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19-12-1104.     Duties of the council.
2
3(a)   Subject to W.S.  9-12-104(c), the council shall
4 establish and administer a Wyoming main street program to
5 coordinate     state       and    local     participation       in        programs
6 offered by the national main street center, created by the
7 national      trust    for       historic     preservation,  to    assist
8 municipalities        in    planning,       managing    and     implementing
9 programs for the revitalization of business areas.
10
119-12-1202.     Energy performance contracting.
12
13 Subject to W.S. 9-12-104(c), the council shall establish a
14 Wyoming      energy    conservation  improvement     program  which
15 provides support development and implementation of energy
16 performance       contract  projects      to     facility  owners
17 voluntarily     participating        in   the   program.        In    order     to
18 participate     in    the    program,     facility     owners    and       energy
19 services companies shall be subject to the provisions of
20 this article and rules adopted pursuant to this article.
21
229-12-1301.     Short title.
23
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1(a)   This article shall be known and may be cited as
2 the "Wyoming small business investment credit program".
3
4(b)   This program and any other funding specified in
5 this article shall be subject to W.S. 9-12-104(c).
6
79-12-1501.    Broadband development program established;
8 purposes; eligibility; definitions.
9
10(a)   Subject to W.S. 9-12-1504(c), a broadband funding
11 program is established under the Wyoming business council
12 to provide funds to eligible applicants in order to promote
13 the expansion of access to broadband service in unserved
14 areas of the state.
15
169-20-102.    Wyoming   mineral   to   value    added   product
17 program; rulemaking authority.
18
19(b)   The Wyoming business council shall establish and
20 administer    the   program   under   this   act,   subject   to   W.S.
21 9-12-104(c).       Any commercial scale minerals to value added
22 products facility shall submit a proposal to the governor.
23 The governor may provide recommendations for the size and
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1 parameters of the proposed contract.  An application to
2 participate in the program shall then be submitted to and
3 reviewed by the Wyoming business council under the process
4 set    forth    in    W.S.       9-12-601   through       9-12-603.  The
5 application shall be submitted on forms prescribed by, and
6 subject    to   rules      promulgated      by,   the    Wyoming    business
7 council.       In determining whether to recommend a contract
8 for approval, the Wyoming business council shall consider
9 if the applicant has demonstrated a business plan, balance
10 sheet,     sufficient      cash    flow,    commitments      to    sell     the
11 finished product and other indices necessary to demonstrate
12 the applicant's ability to perform under the contract as
13 determined by rule and regulation of the Wyoming business
14 council.
15
1621-18-104.     Small business development centers.
17
18 The small business development centers shall be operated by
19 the University of Wyoming. The university shall specify the
20 organizational       structure      of   the    network    of     centers    in
21 consultation with the Wyoming business council created by
22 W.S.     9-12-103.  The     university     shall     integrate       the
23 operations      of   the     centers     with     the   Wyoming     business
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1 council, subject to W.S. 9-12-104(c), to the fullest extent
2 permitted by federal law.
3
440-11-102.        Application        by    public       corporation       to
5 establish and operate zone; designation of agency to apply
6 on behalf of state.
7
8(b)   Subject to W.S. 9-12-104(c), the Wyoming business
9 council is the public entity designated and authorized to
10 apply, on behalf of the state of Wyoming, for foreign trade
11 zone    authority,        sub-zone      authority        or    port   of      entry
12 pursuant     to    the    act    of   congress     and    regulations      issued
13 pursuant to the act.
14
15Section 3.
16
17(a)   There       is   created      the   Wyoming      business     council
18 legislative task force to consist of the following members:
19
20(i)    The governor or the governor's designee;
21
22(ii)    Two        (2)     members      of       the     house     of
23 representatives, appointed by the speaker of the house of
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1 representatives.    One     (1)    member       appointed   under   this
2 paragraph shall be designated by the speaker of the house
3 as cochairman of the task force;
4
5(iii)     Two (2) members of the senate, appointed
6 by the president of the senate. One (1) member appointed
7 under this paragraph shall be designated by the president
8 of the senate as cochairman of the task force;
9
10(iv)    One     (1)   member     representing      the   mineral
11 industry, to be appointed by the governor;
12
13(v)     One (1) member representing the construction
14 industry, to be appointed by the governor;
15
16(vi)    One       (1)  member      representing       the
17 manufacturing industry, to be appointed by the governor;
18
19(vii)     One      (1)        member     representing      power
20 generation in Wyoming, to be appointed by the governor;
21
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1(viii)       One     (1)    member       representing  a     local
2 economic development organization, to be appointed by the
3 governor;
4
5(ix)     One       (1)    member       representing      the      retail
6 industry, to be appointed by the governor;
7
8(x)    One     (1)       member    representing  the       tourism
9 industry, to be appointed by the governor;
10
11(xi)     One (1) member representing the agriculture
12 industry, to be appointed by the governor.
13
14(b)   The    task  force       shall     be     staffed       by    the
15 legislative service office.
16
17(c)   The task force shall meet not less than three (3)
18 times during the work of the task force.
19
20(d)   Legislative  members       of    the     task    force       shall
21 receive salary, per diem and mileage as provided by W.S.
22 28-5-101. Members of the task force who are not members of
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1 the legislature or state employees shall receive per diem
2 and mileage as provided by W.S. 28-5-101.
3
4(e)   The task force shall:
5
6(i)     Complete        a    comprehensive  evaluation    and
7 review of the Wyoming business council, its operations and
8 each of its programs, duties and functions;
9
10(ii)     Solicit        feedback      and     recommendations     on
11 economic development initiatives that are needed or desired
12 in   Wyoming    and       what    role,       if any, the      Wyoming business
13 council should play in implementing those initiatives;
14
15(iii)        Review     the        information      reported     and
16 submitted under section 1 of this act;
17
18(iv)     Evaluate  which     programs,        duties    and
19 functions      of     the    Wyoming  business    council    should   be
20 retained, modified, privatized, transferred or eliminated;
21
22(v)     Consider  and       develop  recommended
23 improvements        for    the     operations     of     the   Wyoming   business
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1 council,     including      how     the     Wyoming     business     council
2 interacts with and involves the Wyoming business community;
3
4(vi)    Consider      and    develop   proposed   legislation
5 to   implement      any   recommendations      or     proposals     developed
6 through the task force's work under this subsection.
7
8(f)   Not later than October 1, 2026, the task force
9 shall:
10
11(i)    Report its findings and recommendations for
12 the Wyoming business council to the governor and the joint
13 minerals,     business       and      economic      development      interim
14 committee;
15
16(ii)    Forward    any      proposed   legislation      for   the
17 2027 general session to the joint minerals, business and
18 economic     development       interim      committee     or   to    another
19 applicable committee.
20
21(g)   The task force may request the assistance of any
22 state agency or other entity in completing its work. Upon
23 receiving a request under this subsection, each agency or
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1 entity       shall   provide       assistance   to   the    task     force   as
2 requested.
3
4(h)     The task force created under this section shall
5 terminate on December 31, 2026.
6
7Section 4.
8
9(a)     There   is    appropriated       twenty    thousand    dollars
10 ($20,000.00)  from    the   general   fund    to    the   legislative
11 service office for purposes of providing salary, per diem
12 and mileage to the legislative members of the task force
13 created under section 3 of this act.  This appropriation
14 shall be for the period beginning with the effective date
15 of this act and ending June 30, 2028.  This appropriation
16 shall not be transferred or expended for any other purpose
17 and any unexpended, unobligated funds remaining from this
18 appropriation shall revert as provided by law on June 30,
19 2028.
20
21(b)     There    is    appropriated      forty     thousand    dollars
22 ($40,000.00) from the general fund to the office of the
23 governor for purposes of providing per diem and mileage to
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1 nonlegislative        members      of    the     task    force     created   under
2 section 3 of this act. This appropriation shall be for the
3 period beginning with the effective date of this act and
4 ending   June       30,    2028.     This     appropriation        shall    not    be
5 transferred     or     expended       for     any    other   purpose       and    any
6 unexpended,  unobligated  funds       remaining       from        this
7 appropriation shall revert as provided by law on June 30,
8 2028.    It    is    the    intent       of    the   legislature      that       this
9 appropriation not be included in the standard budget of the
10 office    of    the       governor      for    the   immediately      succeeding
11 fiscal biennium.
12
13Section 5.  Nothing in this act shall be construed to
14 impair    any       existing       contracts,  agreements     or    other
15 obligations of the Wyoming business council executed before
16 the effective date of this section.
17
                                         25  SF0125
 2026  STATE OF WYOMING  26LSO-0498
1Section 6.
2
3(a)   Except   as   provided   in   subsection   (b)   of   this
4 section, this act is effective immediately upon completion
5 of all acts necessary for a bill to become law as provided
6 by Article 4, Section 8 of the Wyoming Constitution.
7
8(b)   Section 2 of this act is effective July 1, 2026.
9
10(END)
                                 26  SF0125