County road fund.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0078

ENROLLED ACT NO. 13, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to
highways; providing for maintenance of county roads;
and providing for an effective date.

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

Section 1.

W.S. 24
‑
2
‑
110(a), (c)(intro), (g) and (h)
and 39
‑
14
‑
801(e)(vii)(intro) are
amended to read:

24
‑
2
‑
110.

Cooperation with counties in construction
and maintenance
of county roads; allocation of costs; state-county road construction account established.

(a)

The board of county commissioners of each county shall establish a separate road construction
and maintenance

fund solely for the construction
and maintenance

of county roads, bridges and culverts. Work using funds from the road construction
and maintenance

fund of a county shall be performed under contract awarded after competitive bidding if the estimated cost of the work exceeds fifty thousand dollars ($50,000.00). All work shall be performed under the immediate control and supervision of the board of county commissioners or its authorized representative and in accordance with county road standards as established by the
Wyoming
county road standards committee. The road construction
and maintenance

fund program is a supplement to federal aid, primary and secondary road programs in each county. The term "construction

and maintenance
" as used in this section means construction, reconstruction, surveys, mapping, right-of-way costs, bridges, culverts
,

general road maintenance

and fencing. The county shall use existing grades, bridges and other physical items or facilities in order to minimize or avoid more costly relocation.

(c)

The gasoline license tax revenues distributed by the state treasurer under W.S. 39
‑
17
‑
111(d)(ii) shall be sent to the county treasurers of the various counties and placed in a separate fund in each county earning its own interest and be expended by the board of county commissioners solely for the road construction
and maintenance

fund program and as otherwise provided in this subsection. This money shall be allocated as follows:

(g)

It shall be the responsibility of the
Wyoming
county roads standards committee to furnish standards for the construction
and maintenance

of county roads to any board of county commissioners upon request, and to advise boards of county commissioners with respect to highway construction
, maintenance
and improvements. The committee shall meet as necessary, but at least annually.

(h)

Whenever an emergency arises requiring construction
or maintenance

work using funds from the road construction
and maintenance

fund of a county, the board of county commissioners may enter into contract for the work without advertising for the letting of the contract. An emergency is an occasion requiring construction
or maintenance

work, on short notice, because the road has become unsafe or impassable due to events which are beyond the control of the county.

39
‑
14
‑
801.

Severance tax distributions; distribution account created; formula.

(e)

Deposits into the account created by subsection (a) of this section shall be distributed as follows, subject to subsections (b) through (d) of this section:

(vii)

To the road construction
and maintenance
funds of the various counties as provided by W.S. 24
‑
2
‑
110, two and nine-tenths percent (2.9%), except that each county's share of funds under this subsection shall be computed as follows:

Section 2.

W.S. 24
‑
2
‑
110(d) is repealed.

Section 3.

This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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