H.B. No. 0005

Severance tax distribution.

Sponsored By: Joint Revenue Interim Committee

AN ACT relating to taxation and revenue; providing for distribution of certain severance taxes as specified; and providing for an effective date.

11/23/2004 Bill Number Assigned

1/11/2005 H Received for Introduction

1/13/2005 H Introduced and Referred to H03

1/21/2005 H03 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Anderson, R., Bucholz, Gay, Gilmore, Harshman, Hastert, Miller, Pedersen and Walsh

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

1/24/2005 H Placed on General File

1/24/2005 H Rereferred to H02

1/25/2005 H02 Returned Without Recommendation

ROLL CALL

Ayes: Representative(s) Berger, Jones, Jorgensen, Meuli, Petersen, Philp, Simpson and Warren

Ayes 8 Nays 0 Excused 0 Absent 0 Conflicts 0

1/25/2005 H Placed on General File

HB0005HS001/ADOPTED

Page 1-line 2 After ";" insert "reducing other distributions of funds as specified;".

Page 1-line 7 Delete "39-14-801(c) is" insert "9-2-1014.1(b), 39-14-211(e)(intro) and 39-14-801(b), (c) and by creating a new subsection (e) are".

Page 1-After line 7 Insert:

"9-2-1014.1.  State budget; requests by recipients of certain earmarked funds for additional funding from the budget reserve account.

(b)  The total amount available for the purpose of this section shall be the estimated deposits into the budget reserve account for the next biennial budget period under W.S. 9-4-601(d)(iv) and 39-14-801(c)(ii) and (e)(ii).

39‑14‑211. Distribution.

(e) Revenues to be distributed to local governments under W.S. 39‑14‑801 39-14-801(d) shall be distributed as follows:".

Page 1-after line 10 Insert:

"(b) [LUST] Before making distributions from the severance tax distribution account under subsections (c), and (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.".

Page 2-line 2 Strike "that amount" insert "one hundred fifty-five million dollars ($155,000,000.00) but be less than or equal to four hundred fifty-five million dollars ($455,000,000.00)".

Page 2-line 8 Delete "Fifty percent (50%)" insert "Forty-six percent (46%)".

Page 2-lines 11 through 15 Delete entirely.

Page 2-line 17 Delete "(iv)" insert "(iii)".

Page 2-line 22 Delete "(v)" insert "(iv)".

Page 3-line 2 Delete "(vi)" insert "(v)".

Page 3-line 21 Delete the line through "(10%)" insert "(vi)  Eight percent (8%)".

Page 4-After line 7 Insert:

"(vii)  Four percent (4%) to the highway fund;

(viii)  Four percent (4%) to water development account III only if the legislation to create the account is enacted by the legislature during the 2005 general session. If the account is not created during the 2005 general session, then to water development account I under W.S. 41-2-124(a)(i).

(e)  To the extent that the amount of distributions under subsections (c) and (d) of this section would exceed four hundred fifty-five million dollars ($455,000,000.00) 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.

Section 2.

(a)  For the 2006 fiscal year the amounts distributed to each city, town and county under W.S. 39-14-801(c) shall be reduced by the amount of funds distributed to each city, town and county on October 1, 2005, pursuant to 2004 Wyoming Session Laws, Chapter 95, Section 305. To the extent that the distribution to any city, town or county under W.S. 39-14-801(c) in fiscal year 2006 does not equal or exceed the amount distributed to the city, town or county pursuant to 2004 Wyoming Session Laws, Chapter 95, Section 305, the amount distributed in fiscal year 2007 under W.S. 39-14-801(c) to each such city, town and county shall be reduced as necessary so that the total amount of reduced distributions under this section equals the amount distributed to the each city, town and county on October 1, 2005 under 2004 Wyoming Session Laws, Chapter 95, Section 305. Of the reduced distributions to counties under W.S. 39-14-801(c) made as a result of this section, two-thirds (2/3) shall be from the distribution made under W.S. 39-14-801(c)(vi) and one-third (1/3) shall be from distribution made under W.S. 39-14-801(c)(iii).

(b)  All amounts which are not distributed under W.S. 39-14-801(c) as a result of this section shall be deposited by the state treasurer to the general fund.".

Renumber as necessary. ANDERSON, R., CHAIRMAN

1/26/2005 H Passed CoW

HB0005H2001/ADOPTED

Page 1-line 2 Delete the standing committee amendment (HB0005HS001/A) to this line.

Page 4-After line 7 Delete the standing committee amendment (HB0005HS001/A) to this line and insert:

"(vii)  Four percent (4%) to the highway fund;

(viii)  Four percent (4%) to water development account III only if the legislation to create the account is enacted by the legislature during the 2005 general session. If the account is not created during the 2005 general session, then to water development account I under W.S. 41-2-124(a)(i).

(e)  To the extent that the amount of distributions under subsections (c) and (d) of this section would exceed four hundred fifty-five million dollars ($455,000,000.00) 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.

Section 2.

(a)  For the 2006 fiscal year the amounts which would otherwise be distributed under W.S. 39-14-801(c) shall be reduced as follows:

(i) The distributions under W.S. 39-14-801(c)(iii) to the road construction funds of the various counties shall be reduced by five million dollars ($5,000,000.00);

(ii) The distributions under W.S. 39-14-801(c)(v) to the cities and towns shall be reduced by twelve million three hundred seventy-five thousand dollars ($12,375,000.00);

(iii) The distributions under W.S. 39-14-801(c)(vi) to counties shall be reduced by ten million one hundred twenty-five thousand dollars ($10,125,000.00).

(b)  All amounts which are not distributed under W.S. 39-14-801(c) as a result of this section shall be deposited by the state treasurer to the general fund. The applicable reduction required by this section and the corresponding deposit to the general fund shall be made in full before any distribution is made pursuant W.S. 39-14-801(c)(iii), (v) or (vi).".

Renumber as necessary. MILLER, ANDERSON, R., COHEE, LUTHI

1/27/2005 H Passed 2nd Reading

1/28/2005 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused: Representative(s) Jackson, Latta and Samuelson.

Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0

1/31/2005 S Received for Introduction

2/7/2005 S Introduced and Referred to S03

2/10/2005 S Motion to Do Pass Failed

ROLL CALL

Ayes: Senator(s) Aullman and Cooper

Nays: Senator(s) Hawks, Mockler and Peck

Ayes 2 Nays 3 Excused 0 Absent 0 Conflicts 0

3/2/2005 S Committee Returned Bill Pursuant to SR 7-3(c)