Help America Vote Act trust fund.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0209.E1

HOUSE BILL
NO.
HB0080

Help America Vote Act trust fund.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to elections; providing for a permanent elections fund to pay for specified expenses in conducting future elections which are subject to federal requirements of the Help America Vote Act; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 22
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2
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122 is created to read:

22
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2
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122.

State and federal share of qualified election expenses; permanent election fund.

(a)

An account is created to consist of federal funds received by the state of Wyoming under the Help America Vote Act which are not expended nor obligated on or before January 1, 2007. In addition, the account shall contain state appropriations as may be authorized by the legislature. Interest and investment income accruing from the corpus of the account shall be credited to the account.

(b)

The purpose of the account is to fund future costs of replacement and maintenance of voting systems and the state wide voter registration system, and other ongoing costs, which have been and will continue to be required by the Help America Vote Act following the 2006 federal elections. During calendar year 2005, if the entire amount of federal funding authorized under the Help America Vote Act is not received by the state of Wyoming and additional funds are required for the replacement of voting systems in counties, any portion of state appropriations made into the account may be obligated and expended

to complete the replacement of voting systems as required under the Help America Vote Act following review by the joint appropriations interim committee and the joint corporations, elections and political subdivisions interim committee and approval by the governor.

(c)

Commencing in 2007, and annually thereafter, the Wyoming secretary of state shall compile and document requests from each county for disbursements from the account and any state expenses which appear to be required under the Help America Vote Act and submit his recommendations in that regard to the joint appropriations interim committee and the joint corporations, elections and political subdivisions interim committee and the governor. Disbursements and expenditures from the account shall be made by the secretary of state.

Section 2.

(a)

The Wyoming legislature finds and acknowledges its intent in enacting this act as follows:

(i)

The federal funds promised or delivered to Wyoming under the Help America Vote Act and five percent (5%) matching state appropriations are limited to meeting federal requirements contained in that Act including replacement of voting systems in most counties, creation of a statewide voter registration system, maintenance of those systems and meeting several other requirements commencing with the 2006 elections and continuing for future federal elections;

(ii)

Costs of state and federal elections in Wyoming are, and have always been statutorily placed on county governments through the office of county clerk. The creation of the account under this act seeks to ensure that future additional election costs for Wyoming and Wyoming counties mandated by the Help America Vote Act will be met and will not turn into an unfunded mandate for Wyoming counties.

Section 3.
Ten million dollars ($10,000,000.00) is appropriated from the general fund and shall be credited to the account created by this act. Federal funds received by the state of Wyoming under the Help America Vote Act prior to the effective date of this act which are not expended or encumbered before January 1, 2007, shall be credited to the account created by this act. To the extent those federal funds are credited to the account or additional federal funds are received to implement the Help America Vote Act after the effective date of this act, funds appropriated to the account under this section shall be returned to the general fund on a dollar per dollar basis per those federal funds received.

Section 4.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0080