31-2-402 and 31-2-410, permits under W.S. 36-4-121 and other

31-2-402 and 31-2-410, permits under W.S. 36-4-121 and other licenses, registrations and permits for which the department may by law be required to issue and collect fees. Selling agents appointed under this section shall be bonded by the department, subject to the following:

(i) The appointed agent, prior to September 1 preceding the calendar year for which the bond is to be in effect, shall pay to the department a nonrefundable annual bonding fee of fifty dollars ($50.00);

(ii) Any newly appointed agent shall pay the bonding fee prescribed under paragraph (a)(i) of this section to the department immediately upon appointment for the remainder of the calendar year in which appointed;

(iii) Bonding fees collected under this subsection shall be deposited in a bond pool account, from which any claim against the bond of any selling agent and not directly collected from the agent shall be paid.

(b) Each selling agent appointed under subsection (a) of this section shall:

(i) On or before the tenth day of each month on forms provided by the division, file a report with the division stating all sales of registrations, licenses or permits by the agent during the preceding month;

(ii) Remit to the division all revenues collected by the agent from registration, license or permit sales during the preceding month reported under paragraph (b)(i) of this section, less any sales commission authorized by law;

(iii) Annually account for and deliver to the division all unused, surplus or damaged registration decals, licenses or permits received by the agent.

(c) In addition to any other penalty imposed by law, any selling agent failing to comply with this section and other applicable law shall not receive any sales commission authorized by law.

ARTICLE 2 - WYOMING OUTDOOR RECREATION AND TOURISM TRUST FUND

36-4-201. Short title.

This act shall be known and may be cited as the "Wyoming Outdoor Recreation and Tourism Trust Fund Act."

36-4-202. Definitions.

(a) As used in this act:

(i) "Board" means the Wyoming outdoor recreation and tourism trust account board created by W.S. 36-4-204;

(ii) "Income account" means the Wyoming outdoor recreation and tourism trust income account created by W.S. 36- 4-203(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) "Outdoor recreation infrastructure" means the physical facilities and structures that support outdoor recreational activities and experiences for residents and nonresidents, including, but not limited to, parking, staging areas, trails, campgrounds, picnic areas, boat launches, fishing piers, observation decks, wildlife viewing areas and visitor centers;

(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 outdoor recreation and tourism trust fund account created by W.S. 36-4- 203(a);

(viii) "This act" means W.S 36-4-201 through 36-4- 206.  36-4-203. Wyoming outdoor recreation and tourism trust fund account and trust fund income account; creation; source of funds.

(a) The Wyoming outdoor recreation and tourism trust fund account is created. The trust account shall consist of those funds designated to the account by law and all monies collected from federal grants and other contributions, grants, gifts, bequests and donations in the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations. Funds deposited within the trust account shall be inviolate and constitute a perpetual trust fund which shall be invested by the state treasurer as authorized by law and in a manner to obtain the highest return possible consistent with preservation of the trust account corpus.

(b) The Wyoming outdoor recreation and tourism trust fund income account is created. Except as otherwise provided in this subsection, the state treasurer shall credit annually to the income account all earnings from funds in both the income account and in the trust account. Until the earlier of July 1, 2026 or when the corpus of the trust account equals or exceeds two hundred million dollars ($200,000,000.00), all earnings from the trust account and income account shall be credited to the trust account. The legislature may appropriate funds directly to the trust account or income account for investment or distribution in accordance with the terms of this act. Any appropriated funds without a designation shall be credited directly by the state treasurer to the income account.

(c) Any person may grant, give, transfer, bequest or donate funds to the Wyoming outdoor recreation and tourism trust fund account or the income account created by this section. The person may specify in writing whether the funds should be credited to the trust account or the income account and if no specification is made, the funds shall be credited to the income account.

(d) The board may expend funds from the income account for administrative expenses authorized under this act without further legislative action. Additional expenditures from the income account may be made by the board without further legislative action for the following purposes:

(i) Planning, design, improvement, construction and maintenance of existing or new outdoor recreational infrastructure;  (ii) Acquisition of public access easements necessary to enhance outdoor recreational infrastructure.

(e) No funds shall 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 equal or exceed a total amount of an additional two hundred thousand dollars ($200,000.00). The board shall forward a notice of any such additional grant award 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.

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

(g) Every public access easement funded in whole or in part with monies made available by this act shall bind the parties thereto to an agreement which provides that the state of Wyoming is a third party beneficiary to the easement solely with the contingent right to enforce the terms of the easement if the grantee fails to enforce any of the terms of the easement. The agreement shall provide that if the easement is transferred for value, sold or extinguished without the consent of the board, the state of Wyoming shall have the right to either take legal action to enforce the terms of the easement or to recover from the proceeds of the transfer for value, sale or extinguishment, the state's pro rata share of the proceeds based on the funds the state provided for the creation of the easement.

(h) No funds shall be disbursed under this act unless the person receiving the funds certifies that no gratuities, kickbacks, gifts, commissions, contingency fees or other considerations have been or will be made in connection with the appropriation or the associated grant made by the board.

36-4-204. Wyoming outdoor recreation and tourism trust account board established; terms; meetings; duties, conflict of interest.

(a) There is created the Wyoming outdoor recreation and tourism trust account board. The board shall consist of nine (9) members appointed by the governor and confirmed by the senate, who shall be residents of Wyoming. The members shall be appointed from each of the judicial districts set forth in W.S.