Highway fund-assignment of fine and penalty revenues.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0081

HOUSE BILL
NO.
HB0033

Highway fund-assignment of fine and penalty revenues.

Sponsored by:
Joint Transportation, Highways and Military Affairs Interim Committee

A BILL

for

AN ACT relating to
highway funding; assigning penalty and fine revenues to the highway fund as specified;
continuously appropriating such
deposited
monies to the transportation commission for specified uses;

and providing for an effective date.

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

Section 1.
W.S. 5
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9
‑
106, 5
‑
9
‑
149, 7
‑
10
‑
105, 8
‑
1
‑
109, 13
‑
10
‑
207(f), 14
‑
6
‑
247(a)(vi), 20
‑
2
‑
402(c), 20
‑
6
‑
106(m)(viii), 22
‑
25
‑
108(e), 24
‑
1
‑
119, 27
‑
3
‑
706(a)(ii) and (iii), 30
‑
5
‑
127, 31
‑
1
‑
203(c), 33
‑
1
‑
109, 33
‑
24
‑
113(f), 33
‑
24
‑
122(b), 33
‑
24
‑
153(f)
, 33
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28
‑
111(c), 33
‑
44
‑
112, 35
‑
4
‑
605, 35
‑
7
‑
1059(o), 37
‑
12
‑
306(f), 39
‑
18
‑
108(c)(xii), 40
‑
23
‑
121 and 42
‑
4
‑
120(d)
are
amended to read:

5
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9
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106.

Disposition of money collected for violations of city or town ordinances; disposition of fines and penalties under general state laws.

All money collected by a judge of a circuit court for violations of ordinances of a city or town shall be paid into the general fund of the city or town whose ordinance was violated. The circuit court shall keep separate account books of funds for ordinance violations as designated by the Wyoming supreme court. All fines and penalties under the general laws of the state shall be paid into the
county treasury to the credit of the public school fund of the county

highway fund
as required by article 16, section 14
of the Wyoming constitution
.

5
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9
‑
149.

Bank accounts.

The accounting system established by the Wyoming supreme court may provide for bank accounts for each circuit court in which money received by the circuit court may be deposited and disbursed as provided therein, and for such records, reports and procedures as the supreme court requires. Money received as fines, forfeitures or court costs may not be deposited in the same bank account as
money received in civil matters. If a bank account is established into which fines, costs or forfeitures are deposited, the accounting system established by the supreme court shall require, where available, the use of accounts in a financial institution listed in W.S. 9
‑
4
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817(a) which may earn interest, in which the deposits are subject to payment upon demand and which are insured or secured as provided in W.S. 9
‑
4
‑
817(c). Interest earned on deposits of fines and forfeitures in such accounts shall be forwarded monthly to the
county treasurer and credited to the county public school fund

state treasurer for credit to the h
ighway fund
as required by article 16, section 14
of the Wyoming constitution
. Interest earned on all other deposits in such accounts shall be forwarded to the state treasurer quarterly and credited to the victim's compensation account created by W.S. 1
‑
40
‑
114(a).

7
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10
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105.

Disposition of forfeited proceeds.

Any proceeds recovered as a result of the forfeiture of bail in any criminal case shall be paid
into the county treasury to the credit of the public school fund of the county in which the defendant was admitted to bail

to the
state
treasurer
for credit to the h
ighway fund
as required by article 16, section 14
of the Wyoming constitution
.

8
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1
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109.

Payment of fines and penalties.

Unless otherwise specifically provided by law, all civil or administrative fines or penalties collected under the Wyoming statutes shall be paid over to the
state treasurer to be credited to the
public school fund of the county in which the violation for which the fine or penalty was imposed occurred

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

13
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10
‑
207.

Civil penalties; amount; factors; notice; payment.

(f)

The Wyoming financial institution, officer or director or the bank holding company shall pay the civil penalty assessed by a final order in full to the commissioner within thirty (30) days of receipt of the final order of assessment. Any civil penalty received under this section shall be deposited into the
county public school fund of the county in which the violation occurred

highway fund as required by
article 16, section 14
of the
Wyoming constitution
. Notwithstanding any other provision of law, no Wyoming financial institution or bank holding company shall indemnify or insure any officer or director of a Wyoming financial institution against civil penalties assessed under this section.

14
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6
‑
247.

Sanctions common to all levels.

(a)

For a child at any sanction level, the juvenile court may:

(vi)

Impose a fine within the limits of law for an offense or misconduct by the child where a fine might be imposed by another court in this state having jurisdiction thereof. Fines shall be paid to the
clerk of court for deposit to the public school fund of the county in which the fine was assessed as provided by law

state treasurer for credit to the h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
;

20
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2
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402.

Employer's obligations.

(c)

Any employer who violates subsection (a) or (b) of this section is subject to a civil penalty of not more
than one hundred dollars ($100.00). Any penalty collected under this section shall be distributed to the
county public school fund in the county where the penalty was collected

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

20
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6
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106.

Powers and duties of department regarding collection of support.

(m)

The department may:

(viii)

Require all persons, including government, private for-profit employers and not-for-profit employers and public utility companies to respond to a request by the department for information on social security number, address, employment, compensation and benefits of any individual for any individual who owes or is owed support, or against or with respect to whom a support obligation is sought, and who is employed by the person as an employee or contractor, in accordance with rules adopted by the department. Any person who fails to respond to any request for information may be sanctioned by the department by imposing administrative penalties not to exceed twenty-five dollars ($25.00). The department shall
enter the employer information into the state directory of new hires within five (5) business days after receipt of the employer information. The department may issue administrative subpoenas for financial or other information needed to establish, modify or enforce a support order and impose administrative penalties not to exceed twenty-five dollars ($25.00) for any person failing to respond. The department may administratively subpoena the customer records of public utility companies for the names and addresses of individuals who owe or are owed support, or against or with respect to whom a support obligation is sought. The department shall notify the supervisor of any employee of a governmental agency if the employee fails to respond to a request under this paragraph. Any person who, acting in good faith, provides information to the department under this paragraph shall not be liable for civil damages as a result of the information provided. The department shall
deposit

remit
any penalties collected under this paragraph
in the public school fund of the respective counties

to the state treasurer for credit to the h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
;

22
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25
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108.

Failure of candidate or committee to file statement.

(e)

Any candidate failing to file the reports required by W.S. 22
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25
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106 within the times required by that section is subject to a civil penalty and costs, including reasonable attorney's fees not to exceed five hundred dollars ($500.00), as hereinafter provided. An action to impose a civil penalty may be prosecuted by and in the name of any candidate adversely affected by the violation, any political party, any district attorney or the attorney general. No filing fee shall be charged for the filing of an action under this subsection nor shall a fee be charged for service of process. Civil penalties shall be paid to the
clerk of court for

deposit to the public school fund of the county in which the fine was assessed

remittance to the s
tate treasurer for credit to the h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
. The civil penalty imposed under this subsection shall be not more than one thousand dollars ($1,000.00).

24
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1
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119.

State highway fund created; income and expenditure.

There is created a fund known as the state highway fund, to the credit of which the state treasurer, who is designated as the state official to receive all amounts paid by the United States under the act of congress approved July 11, 1916, shall place all monies previously received for the fund, all money subsequently received from the United States, under cooperative agreements as authorized, all money derived from taxes levied for such purpose or appropriated for the fund, all monies received from the sale of state bonds for highway construction or improvement, all money received from the counties under cooperative agreements as hereinbefore authorized, and all other monies received from donations or bequests, which may be accepted by the commission on behalf of the state of Wyoming, or from any source designated by law for that purpose. All monies in the fund shall be available for the purpose of this act without further appropriation and no warrant shall be drawn on the fund excepting on a voucher approved by the director of the department of transportation or an assistant authorized by the director and approved by the transportation commission.

In addition to any other accounts established within the highway fund, all fine and penalty monies collected pursuant to
article
16, section 14
of the Wyoming
c
onstitution shall be deposited into a special account within the highway fund, in the state of Wyoming's
o
nline
f
inancial
s
ystem
. All monies in the special account including earned interest are continuously appropriated to the transportation
commission
and
shall be applied only for the construction, improvement or maintenance of Wyoming's highways.
It is provided that seventy-five percent (75%) of the amount of any bond issue subsequently issued by the state of Wyoming for the construction or improvement of state highways, after the payment of overhead expense, shall be apportioned to and spent in each county in the proportion which the assessed valuation of each county by the last general assessment bears to the total assessment of the state.

27
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3
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706.

Experience rating manipulation; penalties.

(a)

A person who knowingly, or with deliberate ignorance or reckless disregard of the true facts or the requirements of this act, violates or attempts to violate W.S. 27
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3
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507 or any other provision of this act related to determining the assignment of a contribution rate, or who knowingly advises another to violate the requirements of W.S. 27
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3
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507 or any other provision of this act related to
determining the assignment of a contribution rate, shall be subject to the following penalties:

(ii)

A person who is not an employer shall be subject to a civil penalty of not more than fifty thousand dollars ($50,000.00). Funds received by the division under this paragraph shall be paid over to the
state treasurer to be credited to the

public school fund of the county in which the violation for which the penalty imposed occurred

highway fund as required by
article 16, section 14
of the Wyoming constitution
;

(iii)

In addition to the penalty imposed pursuant to paragraphs (i) and (ii) of this subsection, any violation or attempted violation of W.S. 27
‑
3
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507 or any other provision of this act related to determining the assignment of a contribution rate may be prosecuted as a felony punishable by a fine of not more than fifty thousand dollars ($50,000.00), imprisonment for not more than five (5) years, or both. The fine under this paragraph shall be paid over to the state treasurer to be credited to the
public school fund of the county in which the violation for which the penalty imposed occurred

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

30
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5
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127.

Payment of penalties.

Unless otherwise provided by law, all civil or administrative fines or penalties collected under this article shall be paid over to the state treasurer to be credited to the
public school fund of the county in which the violation for which the fine or penalty was imposed occurred

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

31
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1
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203.

Special enforcement officers; summons and notice to appear for violations; deposit for appearance; disposition of deposit.

(c)

The employees designated under subsection (a) of this section upon issuing a summons shall deliver to the offender a notice to appear which shall describe the nature of the offense, with instructions for the offender to report to the nearest circuit court designated in the notice. The employee may accept a deposit for appearance. The court coordinator shall establish a uniform deposit for appearance schedule for each violation of the statutes set forth in subsection (b) of this section. If the employee
accepts a deposit for appearance from the offender, he shall give a signed, numbered receipt for the amount received and shall write the receipt number on the notice to appear. The employee shall deliver the deposit and a copy of the notice to appear to the circuit court before whom the offender is to appear and the circuit court judge shall give a receipt to the employee for the amount of the deposit. The circuit court shall assume jurisdiction after filing of a complaint and appearance by the offender. If the offender fails to appear at the appointed time the deposit for appearance may be forfeited by order of the court and paid into the
public school fund of the county

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

33
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1
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109.

Disposition of fines.

Every magistrate or other officer to whom any fines imposed under general laws of the state shall be paid for the use of the county, shall, at each regular meeting of the board of county commissioners, make a report of the total amount so collected, and all fines so collected shall be paid
into the county treasury for the credit of the public school fund of the county

to the s
tate treasurer for credit to the
h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
, within thirty (30) days after collection thereof.

33
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24
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113.

Licensing of resident pharmacy; exceptions; display of license; suspension, revocation, letter of admonition, administrative penalty or refusal to renew; appeals.

(f)

Any administrative penalty assessed shall be paid to the board who shall remit the monies to the
county treasurer to the credit of the public school fund of the county in which the violation occurred

state treasurer for credit to the h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
.

33
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24
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122.

Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.

(b)

If a person accused of violating subsection (a) of this section admits the violation, or the board finds the causes alleged to be true and determines that a letter of admonition or revocation or suspension of a license or
registration is an inappropriate remedy, the board may assess an administrative penalty against that person of not more than two thousand dollars ($2,000.00) for each violation of this act or rule promulgated under this act, to be paid
into th
e
county treasury to the credit of the public school fund of the county in which the violation occurred

to the s
tate treasurer for credit to the h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
. In addition to the penalty imposed under this subsection, the board may impose a license probation period upon that person, a violation of which is grounds for license revocation or suspension under subsection (a) of this section.

33
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24
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153.

Manufacturer or wholesaler registration; requirements for registration; bonds or other security; fees; renewal; denial, revocation or suspension; record keeping; summary orders; administrative penalties; definitions.

(f)

Any administrative penalty assessed under this section shall be paid to the
board who shall remit the monies to the
county treasurer to the credit of the public school fund of the county in which the violation occurred

state treasurer for credit to the h
ighway fund as required by
article 16, section 14
of the Wyoming constitution
.

33
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28
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111.

Censure of licensee and suspension or revocation of license; grounds.

(c)

All administrative fines collected under this section shall be paid to the state treasurer to be credited to the
public school fund of the county in which the violation occurred

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

33
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44
‑
112.

Criminal and civil penalties.

The commission of any act prohibited by W.S. 33
‑
44
‑
111 by an athlete agent is a felony punishable by imprisonment of not less than one (1) year, a fine of not more than ten thousand dollars ($10,000.00), or both. In addition to any criminal penalties, the court may assess a civil penalty of up to ten thousand dollars ($10,000.00) for a violation of W.S. 33
‑
44
‑
111. Any penalty collected under the provisions of this section shall be deposited in the
public school fund of the appropriate county

highway fund
as required by
article 7, section 5

article 16, section 14
of the Wyoming constitution.

35
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4
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605.

Burial or cremation after use.

It shall be the duty of all parties, who may secure dead bodies under provisions of this act, to bury the same decently in some public cemetery within a reasonable time after dissection or use, or cremate the same or make such other disposition as may be prescribed by the state department of health. For any violation of this provision, the party or parties so neglecting shall on conviction, forfeit or pay a penalty of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00), or be imprisoned in the county jail not less than six (6) months nor more than twelve (12) months or both, at the discretion of the court; such penalties to be sued for by the
school officers

transportation
commission
or anyone interested therein, for the benefit of the
school fund of the county in which the offense shall have been committed

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

35
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7
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1059.

Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.

(o)

The board may revoke, suspend or assess an administrative penalty for violations of subsection (m) of this section not to exceed one hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00) for a second offense within two (2) years and one thousand dollars ($1,000.00) for a third offense within three (3) years. Any administrative penalty assessed shall be paid to the board who shall remit the monies to the
county treasurer to the credit of the public school fund of the county in which the violation occurred

state treasurer for credit to the highway fund as required by
article 16, section 14
of the Wyoming constitution
.

37
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12
‑
306.

Civil penalties; applicability.

(f)

Any civil penalty received under subsection (g) or (h) of this section shall be deposited into the
county public school fund of the county in which the violation
occurred

highway fund as required by
article 16, section 14
of the Wyoming constitution
.

39
‑
18
‑
108.

Enforcement.

(c)

Penalties. The following shall apply:

(xii)

Any penalty collected under the provisions of this subsection shall be deposited in the
public school fund of the appropriate county

highway fund
as required by
article 7, section 5

article 16, section 14
of the Wyoming constitution.

40
‑
23
‑
121.

Civil penalties.

The commissioner may impose a civil penalty upon a person who violates this act or a rule adopted or an order issued under this act in an amount not to exceed five hundred dollars ($500.00) per day for each day the violation is outstanding, plus the state's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees. Any penalties collected pursuant to this section shall be deposited in the
public school fund of the appropriate county

highway fund
as
required by
article 7, section 5

article 16, section 14
of the Wyoming constitution.

42
‑
4
‑
120.

Contracts for waiver services; authority of department; emergency case services; cost based payments; training and certification of specialists.

(d)

In addition to other remedies, in the event of a chronic failure to provide services or services that fail to meet the applicable standard of care for the profession involved or a continuing condition creating serious detriment to the health, safety or welfare of recipients of home and community based waiver services, the department may impose a civil penalty upon the provider. For each day of continuing violation, the civil penalty shall not exceed one thousand dollars ($1,000.00) or one percent (1%) of the amount paid to the provider during the previous twelve (12) months, whichever is greater, and any administrative penalty assessed under this section shall be paid over to the state treasurer who shall remit the monies to the
county treasurer to the credit of the public school fund of the county in which the violation occurred

highway fund as required by
article 16, section 14
of the Wyoming
constitution
, except as otherwise provided by federal law for Medicaid certified nursing facilities.

Section 2.

This act shall be effective only upon
the Wyoming Legislature's passage of

House
Joint Resolution No.
2
and
ratification by a ma
jority of
el
e
ctors
in Wyoming
of
the constitutional amendment
proposed in House Joint Resolution N
o
.
2
which creates
Article 16, Section 14
and repeals
Article 7, Section 5
.

(END)

1
HB0033