Constitutional assignment of general fines and penalties.

12LSO-0042.C1

                                                         

FISCAL NOTE

Note:  If passed, this bill must be ratified by the majority of electors during the next general election in November 2012 for the proposed changes to become effective.  Also, this bill has a companion bill (12LSO-0081.C1), which if also passed, implements conforming statutory changes so various general government fines and penalties are authorized to be deposited into the STATE HIGHWAY FUND per this constitutional language change.

 

 

FY 2013

FY 2014

FY 2015

NON-ADMINISTRATIVE IMPACT

 

 

 

Anticipated Revenue Increase (Decrease):

 

 

 

HIGHWAY FUND            

8,000,000

16,000,000

16,000,000

SCHOOL FOUNDATION PROGRAM

(2,350,000)

(4,700,000)

(4,700,000)

 

 

 

 

Anticipated Expenditure Increase:

 

 

 

SCHOOL FOUNDATION PROGRAM

5,650,000

11,300,000

11,300,000

 

Source of Revenue Increase (Decrease) and Expenditure Increase:

This bill will change Article 16, Section 14 of the Wyoming Constitution to allow diversion of general government fines and penalties from the SCHOOL FOUNDATION PROGRAM ACCOUNT to the STATE HIGHWAY FUND.

 

Assumption:

Related to the SCHOOL FOUNDATION PROGRAM ACCOUNT, there are two separate impacts to the account:

 

1.  The school foundation program will experience a decrease in revenues from nine (9) recapture school districts in the amount of $4,700,000.00; and

2.  The school foundation program will experience increased expenditures from the SCHOOL FOUNDATION PROGRAM ACCOUNT to thirty-nine (39) entitlement districts in the amount of $11,300,000.00.

 

Figures for FY 2013 are half of the annual estimate due to an implementation date of approximately January 1, 2013, if this constitutional amendment is passed by the majority of electors in November 2012.  These estimates are based on the most recent data from the FY 2010-2011 school year and represent the reported revenue under the Wyoming Department of Education's revenue code 82150 – Fines and Forfeitures related to violations of state laws, with revenues received and recorded by county treasurers.

 

In total, there will be an approximate $16,000,000.00 annual diversion of funds from the school foundation program to the state highways program for construction, improvement, and maintenance of Wyoming roadways.  Due to the school funding model, all school districts will be held harmless for any lost funds related to this diversion as any required school funding will be made up from the SCHOOL FOUNDATION PROGRAM ACCOUNT.

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The Secretary of State's Office will experience an estimated expenditure increase of approximately $29,000 for this resolution in FY13 for statutory publication costs. This estimate is based on anticipated publication costs for resolutions of this type of $12,200 for introductory lines plus $1,270 for each line of text in the proposed resolution and proposed ballot language. 

 

Information provided by Pat Arp, Secretary of State's Office, phone:  777-5333.

 

(This cost may be considered an administrative cost but is listed here for consistency.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by:  Michael Swank, LSO           Phone:  777-7881

(Information provided by Jed Cicarelli, Department of Education; 777-5808:

Kevin Hibbard, Dept. of Transportation; 777-4026)

 

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