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20LSO-0329
2020
STATE OF WYOMING
20LSO-0329
Numbered
2.0
HOUSE BILL NO. HB0208
Highway safety incentive program.
Sponsored by: Representative(s) Blackburn
A BILL
for
AN ACT relating to motor vehicles; creating the highway safety incentive program; specifying eligibility; creating an account; requiring rulemaking; requiring reporting; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 31
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1801 through 31
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1803 are created to read:
ARTICLE 18
HIGHWAY SAFETY INCENTIVE PROGRAM
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1801.
Highway safety incentive program.
(a)
The department shall administer a highway safety incentive program to award two hundred fifty thousand dollars ($250,000.00) per calendar quarter to a qualified entrant as follows:
(i)
Awards shall only be made in quarters when the highway safety incentive account created by W.S.
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1803 contains sufficient funds to award the full two hundred fifty thousand dollars ($250,000.00) incentive;
(ii)
Awards shall only be made in years when the number of highway fatalities in the immediately preceding year were reduced by at least ten percent (10%) from the prior year;
(iii)
The program shall permanently cease to operate when the number of annual highway fatalities is reduced to ten (10) or fewer fatalities per one hundred thousand (100,000) licensed drivers for two (2) consecutive years.
(b)
Quarterly, beginning on January 1, 2021 and continuing on each April 1, July 1, October 1 and January 1 thereafter, and under the conditions prescribed under subsection (a) of this section, the department shall select an incentive award winner from the qualified entrants using a random method of selection.
(c)
The department shall create an online system for qualified entrants to register and pay an entry fee. The system shall facilitate:
(i)
The electronic compilation of qualified entrants;
(ii)
Verification of an entrant's qualifications;
(iii)
A secure, random selection process calculated to ensure the integrity of the system.
(d)
No incentive award or any portion of an incentive award or any right of any person to an incentive award shall be assignable. Any award or any portion of an award remaining unpaid at the death of an award winner shall be paid to the estate of the deceased award winner or to the trustee of a trust established by the deceased award winner as settlor.
(e)
The department shall promulgate rules to administer the highway safety incentive program under W.S.
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1801 through 31
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1803.
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1802.
Qualified entrants; fees.
(a)
A person is a qualified entrant in the highway safety incentive program who:
(i)
Has resided in Wyoming for at least twelve (12) consecutive months immediately preceding registration;
(ii)
Holds a valid Wyoming driver's license;
(iii)
Has not received a citation for exceeding the speed limit, reckless or careless driving, use of a handheld electronic wireless communication device or not wearing a safety belt for at least twelve (12) consecutive months immediately preceding registration. If the person has received any citation under this paragraph, after at least twelve (12) consecutive months after the citation the person must complete an online safety course approved by the department not less than thirty (30) days before the selection date for which the person intends to register;
(iv)
Has not received a citation for driving or having control of a vehicle while under the influence of intoxicating liquor or a controlled substance for at least seven (7) years immediately preceding registration. If the person has received any citation under this paragraph, after at least seven (7) years after the citation the person must complete an online safety course approved by the department not less than thirty (30) days before the selection date for which the person intends to register;
(v)
Not less than one (1) day before the intended award selection date, registers and pays an entry fee of ten dollars ($10.00) online through the system created under W.S.
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1801(c); and
(vi)
Has not been selected to receive an incentive award within the previous four (4) quarters in which the program selected an award winner.
(b)
Every qualified entrant shall acknowledge at the time of registration and payment that the entry fee is nonrefundable and shall carry over to the next award selection date if no selection is held for that quarter.
(c)
No qualified entrant may register more than five (5) times per quarter. A payment that carries over from a previous quarter shall be considered a registration for the next quarter for purposes of this subsection.
(d)
No officer, employee or member of the department or commission nor any spouse, child, brother, sister or parent residing as a member of the same household in the
principal place of residence of any officer, employee or member of the department or commission may qualify as an entrant in the highway safety incentive program or be paid any highway safety incentive award.
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1803.
Highway safety incentive account; administration.
(a)
There is created the highway safety incentive account into which shall be deposited revenues as provided by law. Earnings from funds in the account shall be credited to the account. Funds in the account are continuously appropriated to the department and shall only be expended pursuant to W.S.
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1801 through 31
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1803 and department rules.
(b)
The monies the department collects under W.S. 31
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1802(a)(vi) shall not be general revenues of the state and shall be held by the department in the highway safety incentive account to award pursuant to W.S.
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1801 through 31
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1803 and department rules.
(c)
The department shall report the balance of the account and the incentive award monies paid each fiscal year to the joint transportation, highways and military affairs interim committee.
(d)
Before the department selects any qualified entrant to receive an incentive award, the department shall ascertain that sufficient funds are available in the account. In any quarter that no monies are awarded the unexpended, unobligated funds shall carry over to the next selection quarter.
(e)
Not more than four (4) awards of two hundred fifty thousand dollars ($250,000.00) each shall be paid in any one (1) calendar year.
(f)
The department shall deduct one percent (1%) of the total monies collected to cover its administrative expenses and costs, which amount shall be remitted to the treasurer for credit to the general fund.
Section 2.
W.S. 6
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101(a)(iii) by creating a new subparagraph (M) and 31
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102(a)(lix) are amended to read:
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101.
Definitions.
(a)
As used in this article:
(iii)
"Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include any of the following:
(M)
The highway safety incentive award pursuant to W.S.
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1801 through 31
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1803.
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102.
Definitions.
(a)
Except as otherwise provided, as used in this act:
(lix)
"This act" means W.S. 31
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101 through
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1601
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1803
;
Section 3
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This act is effective July 1, 2020
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(END)
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HB0208