Fuel tax revenue-restriction.

2016
STATE OF WYOMING
16LSO-0285
ENGROSSED
2.1

HOUSE BILL

NO.

HB0042

Fuel tax revenue-restriction.

Sponsored by:
Representative(s) Harshman, Blake, Greear, Moniz and Stubson and Senator(s) Wasserburger

A BILL

for

AN ACT relating to government expenditures; restricting the expenditure of fuel tax revenue as specified; and providing for an effective date.

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

Section 1
.

W.S.
24
‑
1
‑
119,
39
‑
17
‑
111(d)(iv)
,
39
‑
17
‑
211(d)(ii)(C)
and 39
‑
17
‑
311(a)(iv)(D)
are amended to read:

24
‑
1
‑
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.
Except as otherwise provided by law, a
ll 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. 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.

39
‑
17
‑
111
.

Distribution.

(d)

After crediting the amounts provided by subsection (c) of this section, the department shall deposit the balance of taxes collected under this article into the accounts within the state highway fund created under this subsection, with receipt and acknowledgement submitted to the state treasurer, as follows:

(iv)

Fifty
‑
seven
and one
‑
half percent (57.5%) to the state highway account. Any funds deposited to the highway fund under this paragraph which are attributable to the increase in fuel taxes authorized by 2013 Wyoming Session Laws, Chapter 49, Section 1 and effective July 1, 2013 shall be separately accounted for by the department of transportation

and shall be expended
only for the costs of construction, reconstruction, maintenance and repair of the state highway
s
. The department shall provide a
comprehensive report on revenue and expenditures attributable to the 2013 increase to the joint appropriations interim committee and the joint transportation, highways and military affairs interim committee on or before November 15 of each year, from the effective date of this act through November 15, 2020.

39
‑
17
‑
211
.

Distribution.

(d)

The department shall:

(ii)

Distribute monthly the remainder as follows:

(C)

The remaining revenues shall be credited to the state highway fund for the maintenance, construction and reconstruction of state highways. Any funds deposited to the highway fund under this subparagraph which are attributable to the increase in fuel taxes authorized by 2013 Wyoming Session Laws, Chapter 49, Section 1 and effective July 1, 2013 shall be separately accounted for by the department of transportation

and shall be expended
only for the costs of construction,
reconstruction, maintenance and repair of the state highways
. The department shall provide a comprehensive report to the joint appropriations interim committee and the joint transportation, highways and military affairs interim committee on or before November 15 of each year, from the effective date of this act through November 15, 2020.

39
‑
17
‑
311
.

Distribution
.

(a)

Except as otherwise provided in subsection (b) of this section, all alternative fuel license taxes and fees shall be distributed as follows:

(iv)

After
certifying the amounts provided by paragraph (iii) of this subsection, the department shall certify the balance of taxes collected under this article to the state treasurer who shall distribute the remainder into the accounts within the state highway fund created under this subsection as follows:

(D)

Fifty
‑
seven and one
‑
half percent (57.5%) to the state highway account.
Of the funds
deposited to the state highway account under this paragraph, forty
‑
one and seven
‑
tenths percent (41.7%) shall be separately accounted for by the department of transportation and shall be expended only for the costs of construction, reconstruction, maintenance and repair of the state highways.

Section

2
.

This
act is effective July 1,
201
6
.

(END)

1
HB0042