Municipality and county hardship assistance.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0279

SENATE FILE
NO.
SF0095

Municipality and county hardship assistance.

Sponsored by:
Senator(s) Nicholas, Geis, Massie, Meier and Ross and Representative(s) Alden, Anderson, R., Brown, Buchanan, Diercks, Hammons, Samuelson, Semlek and Warren

A BILL

for

AN ACT relating to local governments; providing for distribution of certain revenues to local governments as specified; providing appropriations; and providing for effective dates.

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

Section 1.

(a)

There is appropriated to the office of state lands and investments ten million dollars ($10,000,000.00) from the general fund to be distributed to
eligible
cities and towns in two (2) equal distributions on October 1, 2006 and on October 1, 2007, subject to the following:

(i)

Each
eligible
city and town shall receive amounts in accordance with a municipal supplemental funding formula as provided in this paragraph. The municipal supplemental funding formula shall be calculated by the office of state lands and investments as follows:

(A)

Calculate the per capita distribution of sales and use tax revenues for the preceding fiscal year to each county, including distributions to each city and town within that county, under W.S. 39
‑
15
‑
111 and 39
‑
16
‑
111;

(B)

Arrange the counties in ascending order by the per capita distribution calculated;

(C)

Following the arrangement of counties in subparagraph (B) of this paragraph, list the population of each city and town within the county;

(D)

Apply the appropriate adjustment factor determined in subdivisions (I) through (V) of this subparagraph for a county to each city and town within that county:

(I)

Beginning with the county with the lowest per capita distribution, an adjustment factor of one and one-half (1.5) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution is within the lowest tenth percentile. The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred fifty percent (150%);

(II)

An adjustment factor determined under this subdivision shall be applied to the county with the next higher per capita distribution not qualifying for the adjustment factor under subdivision (I) of this subparagraph. The adjustment factor for this county shall be determined by:

(1)

Multiplying by one hundred fifty percent (150%) that portion of the incorporated population of that county which is within the lowest tenth percentile;

(2)

Multiplying by one hundred twenty-five percent (125%) the incorporated population of that county which is within the lowest twentieth percentile and at or above the tenth percentile;

(3)

If applicable, multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the twentieth percentile;

(4)

Dividing the sum of the products of subdivisions (II)(1) through (3) of this subparagraph by the incorporated population of that county.

(III)

If an adjustment factor has not been applied under subdivision (I) or (II) of this subparagraph, an adjustment factor of one and one-quarter (1.25) shall be applied to each county listed under subparagraph (B) of this paragraph, so long as its incorporated population plus the incorporated population of each county with a lower per capita distribution does not exceed the twentieth percentile. The adjustment factor shall be applied for each of these counties by multiplying the incorporated population of the county by one hundred twenty-five percent (125%);

(IV)

An adjustment factor determined under this subdivision shall be applied to the next higher listed county not qualifying for the adjustment factor under subdivision (III) of this subparagraph. The adjustment factor for this county shall be determined by:

(1)

Multiplying by one hundred twenty-five percent (125%) that portion of the incorporated population of that county which is within the lowest twentieth percentile;

(2)

Multiplying by one hundred percent (100%) the incorporated population of that county which is at or above the lowest twentieth percentile;

(3)

Dividing the sum of the products of subdivisions (IV)(1) and (2) of this subparagraph by the incorporated population of that county.

(V)

An adjustment factor of one (1) shall be applied to the remaining counties.

(E)

From the adjusted population of a city or town as calculated in subparagraphs (A) through (D) of this paragraph, subtract the actual population of the city or town to determine the resulting population adjustment
.
Distribute the funding under this paragraph in the proportion which the population adjustment of the city or town bears to the population adjustments of all cities and towns in Wyoming as calculated under subparagraph (D) of this paragraph;

(F)

As used in this paragraph:

(I)

A county's "incorporated population" means the population of all cities and towns within the county;

(II)

"Percentile" means that portion of the incorporated population as listed in the arrangement of cities and towns under subparagraphs (B) and (C) of this paragraph.

(b)

There is appropriated from the general fund to the office of state lands and investments a total of ten million dollars ($10,000,000.00) to be distributed to counties in two (2) equal distributions on October 1, 2006 and on October 1, 2007. The office shall calculate the amounts to be distributed to eligible counties as determined by this subsection as follows:

(i) Multiply each county's total assessed valuation by twelve mills (.012). This amount shall represent the county property tax available;

(ii)

Calculate the sum of the following to determine the county funding need:

(A)

Nine hundred thousand dollars ($900,000.00); plus

(B)

The product of the county population from zero (0) to five thousand (5,000) multiplied by one hundred fifty dollars ($150.00); plus

(C)

The product of the county population from five thousand one (5,001) to twenty-five thousand (25,000) multiplied by one hundred twenty dollars ($120.00); plus

(D)

The product of the county population above twenty-five thousand (25,000) multiplied by eighty dollars ($80.00).

(iii)

Calculate the property tax shortfall for each county by subtracting the property tax available as determined by paragraph (i) of this subsection from the county funding need as determined by paragraph (ii) of this subsection. If the amount is greater than zero, the county shall be eligible for distribution of money under this subsection;

(iv)

The amount distributed under this subsection to each eligible county shall be in the proportion that the county's property tax shortfall bears to the total property tax shortfall of all counties
eligible to receive a distribution under this subsection.

(c)

For purposes of this section, population is to be determined by resort to the latest federal census as updated by the bureau of the census.

Section 2.

This act is effective July 1, 2006.

(END)

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SF0095