HB0180 - Earmarking-water development.
|
2001 |
State of Wyoming |
01LSO-0367 |
HOUSE BILL NO. HB0180
Earmarking-water development.
Sponsored by: Representative(s) Eyre and Nelson and
Senator(s)
Cathcart, Geis, Meier and Vasey
A BILL
for
1 AN ACT relating to
administration of government; providing
2 for
the earmarking of severance taxes to water development
3
accounts; repealing prior inconsistent de-earmarking
4
provisions; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S.
39-14-111(c) and by creating a new
9
subsection (m), 39-14-211(d), 39-14-801(b) and
(c),
10 41-2-119(a) and (b)(intro), 41-2-123(d),
41-2-124(a)(i) and
11 (ii), 41-2-210(h) and (j)(intro) and
41-2-501(a)(vi) are
12 amended to read:
13
14 39-14-111. Distribution.
15
Page 1
1 (c) A one and
one-half percent (1.5%) tax imposed by
2
W.S. 39-14-104(a)(iv) shall be deposited in the severance
tax distribution account Wyoming water development account
4 or the general fund pursuant to subsection (m) of this
5 section.
6
7 (m) The state
treasurer shall transfer revenue
8 collected under W.S. 39-14-104(a)(iv)
to the Wyoming water
9 development account within the
earmarked revenue fund. Any
10 expenditures
for any water development project shall be
11 authorized
by the legislature in a separate bill.
12
13 39-14-211. Distribution.
14
15 (d) The state
treasurer shall transfer revenue
16 collected from the severance tax imposed by
W.S.
17 39-14-204(a)(iv) to the severance tax
distribution account,
18 except one-twelfth
(1/12) of the revenue collected from the
19 severance tax
imposed by W.S. 39-14-204(a)(iv) shall be
20 deposited in the
Wyoming water development account to be
21 distributed
pursuant to W.S. 39-14-111(j) for the
22 improvement of
water projects completed and in use for at
23 least fifteen
(15) years and for other water projects if
Page 2
1 specifically appropriated for that purpose by the
2 legislature.
3
4 39-14-801. Severance tax distributions;
distribution
5 account created; formula.
6
7 (b) To the
extent that deposits into the account
8
created under subsection (a) of this section exceed one
hundred fifty million dollars ($150,000,000.00) one hundred
10 twenty-nine
million dollars ($129,000,000.00) in any fiscal
11 year, the excess shall be credited to the
general fund.
12
13 (c) Deposits
into the account created by subsection
14 (a) of this section shall be distributed as
follows,
15 subject to subsection (b) of this section:
16
17 (i) To the
general fund, forty and twenty-five
hundredths
percent (40.25%) forty-six and
seven-tenths
19 percent
(46.7%);
20
21 (ii) To the
budget reserve account, nineteen and
thirty-eight
hundredths percent (19.38%) twenty-two
and
23 fifty-five
hundredths percent (22.55%);
24
Page 3
1 (v)(iii) To the
highway fund, three and fifty-
three hundredths percent (3.53%) four and one-tenth percent
3 (4.1%), except that if the
total unencumbered revenues
4 within
the state park road account created by W.S.
5 24-14-101
are less than five hundred thousand dollars
6 ($500,000.00)
on July 1, 2001 or on July 1 of any even-
7 numbered
year thereafter, the state treasurer shall first
8 distribute
revenues to that account in an amount equal to
9 five
hundred thousand dollars ($500,000.00) less the total
10 unencumbered revenues in the account on July
1 of that
11 year;
12
13 (vi)(iv) To counties,
seventy-eight hundredths
percent
(0.78%) nine-tenths percent (0.9%),
subject to the
15 following formula:
16
17 (A) Fifty
percent (50%) of the funds
18 distributed under this paragraph shall be
distributed to
19 the counties in the same proportion that the
population of
20 the county bears to the population of the
state as
21 determined by the most recent decennial
census; and
22
23 (B) Fifty
percent (50%) of the funds
24 distributed under this subsection shall be
distributed to
Page 4
1 the
counties based upon the inverse of the assessed
2
valuation of each county as computed under subparagraph
3
(viii)(C) of this subsection.
4
5 (vii)(v) To
counties, two and seventy-five
hundredths percent (2.75%) three and two-tenths percent
7 (3.2%), each county to
receive an amount in the proportion
8 which
the population of the county bears to total state
9 population,
population to be determined by resort to the
10 latest federal census as periodically
updated by the bureau
11 of the census;
12
13 (viii)(vi) To the road
construction funds of the
14 various counties as provided by W.S.
24-2-110, two and
seventy-nine
hundredths percent (2.79%) three and
twenty-
16 five hundredths
percent (3.25%), except that each county's
17 share of funds under this subsection shall
be computed as
18 follows:
19
20 (A) One-third
(1/3) shall be distributed to
21 each county in the ratio that the population
of the county
22 bears to total state population based on the
most recent
23 decennial federal census;
24
Page 5
1 (B) One-third
(1/3) shall be distributed to
2
each county in the ratio that the mileage of county roads
3 in
the county bears to total county roads in Wyoming;
4
5 (C) One-third
(1/3) shall be distributed to
6
each county as follows:
7
8 (I) Arrange the
assessed valuation of
9
each county in descending order by county;
10
11 (II) Calculate
the county percentages
12 of assessed valuation relative to total
state valuation;
13
14 (III) Calculate
the inverse of the
15 county percentage of total state assessed
valuation by
16 dividing one (1) by the percentage computed
in subdivision
17 (C)(II) of this paragraph;
18
19 (IV) Compute
each county share by
20 dividing each inverse calculated under
subdivision (III) of
21 this subparagraph by the total sum of the
inverses
22 calculated under subdivision (III) of this
subparagraph.
23
Page 6
1 (ix)(vii) To cities
and towns, eight and twenty-
four hundredths percent (8.24%) nine and six-tenths percent
3 (9.6%), each city or town
to receive an amount in the
4 proportion
which the population of the city or town bears
5 to
the population of all cities and towns in Wyoming,
6 population
to be determined by resort to the latest federal
7 census
as periodically updated by the bureau of the census;
8
9 (x)(viii) To the
capital construction account,
10 two and
seventy-two hundredths percent (2.72%) three
and
11 two-tenths
percent (3.2%), to be expended for the purposes
12 specified in W.S. 9-4-604(k)(ii);
13
14 (xi)(ix) (LUST) Five and fifty-seven hundredths
percent
(5.57%) Six and one-half percent (6.5%)
to the
16 corrective action account created by W.S. 35-11-1424
and to
17 the financial responsibility account created
by W.S.
18 35-11-1427 in an inverse proportion to the
amount in the
19 two (2) accounts.
20
21 41-2-119. Groundwater studies.
22
23 (a) The Wyoming
water development commission may
24 grant not to exceed three million dollars
($3,000,000.00)
Page 7
1 to
incorporated cities and towns in Wyoming for exploration
2 for
and feasibility studies of the use of underground water
3 for
municipal purposes, not to exceed two hundred thousand
4
dollars ($200,000.00) for any one (1) exploration or study.
5 The
grants shall be made from revenues from water
development account I provided
by W.S. 39-14-111(m) and
7 those
revenues are hereby so appropriated. Any city or town
8 receiving
a grant pursuant to this section shall provide at
9 least
ten percent (10%) of the cost of the exploration or
10 study from its own funds. The commission
shall adopt rules
11 and regulations governing application
procedures for the
12 grants.
13
14 (b) The
commission may expend not to exceed one
15 million dollars ($1,000,000.00) from
revenues from water
development
account I derived under W.S. 39-14-111(m)
for
17 exploration and for feasibility studies of
the use of
18 underground water for municipal and domestic
purposes
19 subject to the following conditions:
20
21 41-2-123. Project studies generally;
hearings;
22 reimbursement of costs; source of funding; use of
23 unobligated funds; recommendations to legislature.
24
Page 8
1 (d) For projects completed and
in use prior to 1970,
2 the
funding for Level I and Level II activities shall come
3
from those within water development account
II funds
4 provided the water development account under W.S.
5 39-14-211(d), unless otherwise specifically
provided by the
6 legislature.
7
8 41-2-124. Accounts created within
earmarked revenue
9 fund; unexpended balance.
10
11 (a) The
following accounts are created within the
12 earmarked revenue fund:
13
14 (i) Water
development account I into which shall
15 be deposited revenues pursuant to law W.S. 39-14-111(c)
and
16 (m);
17
18 (ii) Water
development account II into which
19 shall be deposited revenues pursuant to law W.S.
20 39-14-204(a)(iv)
and 39-14-211(d).
21
22 41-2-210. Projects authorized;
financing; excess
23 water.
24
Page 9
1 (h) Any
revenues to the state from the lease, sale,
2 assignment
or transfer of excess Stage II water or Stage II
3
effluent as provided in subsections (e) and (g) of this
4
section shall be deposited in the Wyoming water development
5
account funded by revenues under water
development account
I W.S. 39-14-111(m).
7
8 (j) In addition
to the grant provided by W.S.
9 41-2-210(b)(ii)
and (d), the state of Wyoming shall grant
10 to the city of Cheyenne from the Wyoming
water development
11 account funded by revenues under water development account
I W.S. 39-14-111(m) not to exceed three million
dollars
13 ($3,000,000.00) to be used to pay fifty
percent (50%) of
14 excess project expenses for projects
designated in
15 subsection (a) of this section, provided:
16
17 41-2-501. Definitions.
18
19 (a) As used in this act:
20
21 (vi) "Water
development account" means water
development
account I the account created by W.S.
23 39-14-111(c)
and (m);
24
Page 10
1 Section
2. W.S.
39-14-801(c)(iii) and (iv) as created
2
by 2000 Wyoming Session Laws, Chapter 97, Section 2 is
3
repealed.
4
5 Section 3. This act is effective July 1, 2001.
6
7 (END)
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