Wyo. Code R. 027-0004-6
Effective Date: 03/19/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 027.0004.6.03192025
Section 1. Authority. The Commission is authorized pursuant to Wyoming Statute § 9-5-106(a) to adopt rules and regulations relative to the operation, management and use of all public buildings. These rules shall be administratively implemented by the Secretary of the Commission per W.S. § 9-5-106(b) in coordination with the General Services Administrator.
Section 2. Purpose. This Chapter is designed to be implemented by agencies to provide maximum public access and enjoyment of state buildings while protecting state assets and limiting detrimental effects of public use on the performance of government functions. This Chapter shall be interpreted at all times in a content-neutral manner consistent with the Wyoming and United States Constitutions and other applicable law; and in a manner consistent with executed leases for leased facilities to the extent practicable.
Section 3. Scope. This Chapter establishes rules and regulations for the occasional use of public areas of public buildings within the jurisdiction of the Commission for events with a public purpose. Agencies assigned the operation, management or use of any building by law shall use these rules unless the agency acts to adopt different rules under W.S. § 9-5-105(b).
(a) Public buildings shall not be used for Primarily Personal Events.
(b) Public buildings shall only be used for Public Events pursuant to a valid permit issued in accordance with this Chapter.
(c) Nothing in this Chapter shall be read to prohibit the casual use of public areas of State Capitol Properties by visitors or tourists, ordinary use by those accessing government services, and governmental use by State officials, employees, or other representatives acting in their official capacities. Lying in state shall be considered a governmental use for the purposes of this Chapter. Events organized by private parties for government parties and to which the public is not invited shall be considered governmental use for the purposes of this Chapter and shall be governed by policies adopted pursuant to Chapter 4 § 4(c) of these Rules, rather than by this Chapter.
(a) Any person or organization not affiliated with the State that wishes to use a public area for a Public Event must file an application for a permit with the Secretary. Applications may be found at Construction Management's website. Any agency's use of a public area shall take precedence over any Public Event proposed in a permit application if the agency would use the same public area at the same time as the applicant person or organization not affiliated with the State.
(b) Permit applicants must submit the following information to the extent applicable: (i) Their full names, mailing addresses, email addresses, and telephone numbers; (ii) The organization sponsoring the proposed use of the public area; (iii) The persons responsible for supervising the applicant's use of the public area; (iv) Documentation showing that the persons completing and submitting that application have authority to represent the applicant sponsoring organization; (v) A description of the proposed Public Event and related use of the public area, including the location, the dates and times during which they are to be conducted, the number of persons to be involved, and the activities to be conducted as part of the use of State Capitol Property; (vi) Any request under Section 9(a) and (b) of this Chapter for an occupant agency to provide services for the Public Event beyond those services normally provided at the building during normal hours of building operation; (vii) Any request under Section 9(c) of this Chapter to make alterations to public areas; and (viii) Any request under Section 10(e) of this Chapter for permission to distribute, post, or otherwise affix any item.
(a) The Secretary shall issue permits in a timely and expedient manner after receiving the completed applications unless the permit is denied in accordance with Section 7 of this Chapter. (b) A permit may not be issued more than six (6) months in advance unless the Commission approves doing so. After the expiration of a permit, the Secretary may issue a new permit after an applicant submits a new permit application. In that case, applicants may incorporate by reference all required information contained in the earlier application. (c) The Secretary shall issue permits on a first-come, first-served, basis when more than one permit is requested for the same area and times. (d) Before approving a permit application, the Secretary shall coordinate with the General Services Administrator, and, if a permit involves demonstrations or activities that may lead to civil disturbances, the pertinent local law enforcement organization responsible for ensuring safety in the building or community in which the requested activity shall occur. In the event that additional law enforcement personnel are required, the Secretary may require the applicant to pay the cost for these additional personnel as a condition of his approval of the permit request.
(e) The Secretary shall report quarterly to the Commission the permit applications received, approved, or denied since the previous quarterly report from the Secretary. In addition, the Commission may request at any time that the Secretary provide a report of the permit applications received, approved, or denied since the previous report.
(a) The Secretary shall deny any permit application or cancel an issued permit if:
(i) The applicant fails or failed to submit all information required under Section 4(b) of this Chapter, or the applicant submits or submitted false information;
(ii) The requested use is a commercial activity as defined in Chapter 1, Section 4(g) of these Rules;
(iii) The requested use is a Primarily Personal Event as defined in Chapter 1, Section 4(z) of these Rules;
(iv) The use does or would most likely interfere with public access to the public area; disrupt official State business; interfere with approved uses of the property by tenants or the public as set forth in this rule; damage any property; endanger the health, safety, or welfare of the public; or would otherwise be contrary to law;
(v) The use is intended to or would actually impede any pending judicial proceeding;
(vi) The use is obscene within the meaning of the term obscene as defined in W.S. § 6-4-301(a)(iii) or by the United States Supreme Court pursuant to the United States Constitution;
(vii) The use violates the prohibition against the use of public funds, time, personnel, facilities, or equipment for political or campaign activity in W.S. § 9-13-105(b), unless the use is permitted pursuant to that statute, the Wyoming Constitution, or the United States Constitution;
(viii) The occupying agency denied the applicant’s requests under Section 9 of this rule to provide services for the Public Event beyond those services normally provided at the building during normal hours of building operation, or to make Alterations to the public area. Alternatively, the Secretary may grant the permit with conditions related to the denied requests; or (ix) An existing public health order or emergency declaration is in place that would effectively prohibit the Public Event as requested or a public health order is issued after the Secretary has granted the applicant's request that would effectively prohibit the Public Event as requested. The Secretary shall offer an applicant the opportunity to resubmit the Public Event request with amendments and planned alterations to the proposed Public Event to comply with the public health order or emergency declaration.
(b) The Secretary may reject a permit application if he receives the request less than ten (10) business days prior to the intended use.
(c) In granting a permit application, the Secretary may place conditions on the permit he believes necessary to ensure a permittee's compliance with this rule. If appropriate, the Secretary may grant a permit for a location other than that proposed by the applicant.
(d) The Secretary shall make each determination in a viewpoint and content-neutral manner and without discrimination based on the identity or stated views of the applicant.
(e) Upon denying an application or canceling a permit, the Secretary shall promptly notify the applicant or permittee in writing of the reasons for the action.
(f) If the applicant or permittee disagrees with the denial of a permit application, the cancellation of a permit, or any conditions placed on their permit to use a public area of a public building, and wishes to pursue the matter further, the applicant or permittee shall request the Secretary's reconsideration, in writing, within ten (10) business days from the applicant or permittee's receipt of notice of the application denial, permit cancellation, or issuance of the permit with conditions. The request must state with specificity all grounds for the reconsideration, including an explanation of why the applicant believes the Secretary's initial determination was mistaken.
(g) The Secretary shall issue a written decision within ten (10) business days of receipt of a request for reconsideration. The decision shall constitute a final agency action.
(h) Modification of permits. When necessitated by unforeseen circumstances, the Secretary may modify a previously issued permit to include additional conditions. In lieu of cancellation under Section 7(a)(ix) of this Chapter, the Secretary may modify a previously issued permit to comply with issued public health orders.
(a) The Secretary may reserve certain time periods for using public areas:
(ii) For maintenance, repair, and construction.
(b) A permittee may use public areas during regular working hours of agencies provided that its use or uses do not interfere with State business.
(c) Certain public areas delineated in the policies adopted pursuant to Section 12 of this Chapter may be available after normal working hours. In considering an application for a Public Event after normal working hours, the Secretary may consider security, administrative, custodial, maintenance, and other logistical concerns. When a permit is issued for a Public Event to take place after normal working hours, occupant agencies must lock, barricade, or identify by signs, as appropriate, all adjacent areas not approved for non-government use in order to restrict permittees' access to approved areas.
(a) Occupant agencies may provide to permittees at no cost:
(i) Space; and
(ii) Services normally provided at the building in question during normal hours of building operation, such as security, cleaning, heating, ventilation, and air-conditioning. The occupant agency must approve an applicant's request to provide the applicant's own services, such as security and cleaning, before permit approval.
(b) Permittees shall reimburse occupant agencies for services over and above those normally provided during normal business hours and any additional costs imposed on occupant agencies by virtue of the Public Event's occurrence. Occupant agencies may provide the services free of charge if the cost is insignificant or if the service is in the public interest.
(c) Permittees shall not make Alterations to public areas, except with the prior written approval of the General Services Administrator. Permittees making alterations must ensure the safety of visitors, tourists, State officials, employees and other representatives acting in their official capacities, and prevent damage to property and must restore the building to the condition it was in prior to the alteration or alterations.
(d) Permittees are responsible for furnishing any items that are necessary for the proposed use.
The Secretary or the head of the occupant agency or designee may revoke a permit for a permittee's failure to comply with the following conduct requirements. A permittee shall:
(a) Not use the public area in violation of the permit and its conditions;
(b) Not misrepresent his or her identity to the public or in a permit application;
(c) Not conduct any activities related to use of the public area in a misleading or fraudulent manner;
(d) Not discriminate on the basis of race, creed, religion, age, color, disability, sex, or national origin in conducting activities related to use of the public area;
(e) Not distribute any item, nor post or otherwise affix any item, for which prior written approval has not been obtained;
(f) Not leave leaflets or other materials unattended in the public area unless the permit specifies that the permittee may do so and then only for the duration specified in the permit;
(g) Comply with General Services' adopted operation, management, and use policies, standards, and guidelines; and
(h) Comply with a directive made by any Security Personnel pursuant to Chapter 4, § 5(g) to relinquish a dangerous weapon.
Section 10. Non-affiliation with the State. Occupant agencies and the Secretary reserve the right to advise the public through signs or announcements that a permittee is present and is not affiliated with state government.
Section 11. Building-specific policies delineating public spaces. An occupant agency may adopt policies on a building-by-building or agency-wide basis to delineate public areas and areas available for occasional public use in the building or buildings it occupies, provided that an occupant agency's policies cannot conflict with this Chapter or the policies of the Commission. The Commission shall adopt the policy for the State Capitol Complex in consultation with the Management Council of the Legislature. Agencies shall not impose permitting restrictions or approval processes in addition to those contained in this Chapter. Agencies shall not discriminate based on the viewpoints of applicants or permittees.
Section 12. Enforcement. Occupant agencies may utilize those persons providing security or contact state or local law enforcement to remove individuals or groups using public areas in violation of this Chapter.