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STATE OF WYOMING Working Draft
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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Revisor's bill.
Sponsored by: Management Council
A BILL
for
1 AN ACT relating to the revision of statutes and other
2 legislative enactments; correcting statutory references and
3 language resulting from inadvertent errors and omissions in
4 previously adopted legislation; amending obsolete
5 references; and providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 1-39-103(a)(ix), 9-2-1013(d)(i), 9-2-
10 2906(e)(v), 9-4-601(d)(iii), (v)(intro) and (C), (vi),
11 (k)(i), (m)(i), (n)(i) and (o)(i), 9-4-605(j), 11-25-
12 304(d)(ii), 21-2-202(a)(xvii)(A), 21-4-501(d), 21-4-504,
13 21-7-601(m), 21-7-701(j), 21-12-105(d), 21-13-303(c), 21-
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1 13-312(a)(intro) and (i), 21-13-313(d) and (g), 21-13-
2 316(a), 21-13-321(h), 21-13-336(a), 21-22-106(a)(intro),
3 35-21-102(a)(viii), 35-21-107(c), 39-13-109(c)(vi)(C) and
4 40-31-106(c)(iii) are amended to read:
5
6 1-39-103. Definitions.
7
8 (a) As used in this act:
9
10 (ix) "This act" means W.S. 1-39-101 through 1-
11 39-120 1-39-123.
12
13 9-2-1013. State budget; distribution of copies to
14 legislators; copies and reports of authorizations;
15 interfund loans.
16
17 (d) In addition to the items contained in subsection
18 (a) of this section and notwithstanding any other
19 recommendations made by the governor, the state budget
20 shall also include the governor's recommendations for
21 appropriations for the ensuing two (2) years, or if a
22 supplemental budget request, the remainder of the budget
23 period, subject to the following:
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1
2 (i) The state budget shall include the
3 governor's recommendations for a total appropriation from
4 the public school foundation program account and based upon
5 recommendations of the select school facilities committee
6 under W.S. 28-11-301, a total appropriation for school
7 capital construction purposes for both fiscal years;
8
9 ***********************************************************
10 *******************
11 STAFF COMMENT
12
13 Under W.S. 21-13-101(a)(ix), "Public school foundation
14 program account" and "foundation account" are defined to
15 mean "the account created by W.S. 21-13-306 for use in
16 financing education in public schools[.]"
17
18 The referenced statute, W.S. 21-13-306(a), provides that
19 "[t]he public school foundation program account is
20 established to consist of funds appropriated to, or
21 designated to the account by law, or by gift from whatever
22 source, for distribution to districts in accordance with
23 law."
24
25 This revisor's bill amends various statutes to make
26 references to the public school foundation program account
27 consistent.
28
29 ***********************************************************
30 *******************
31
32 9-2-2906. Office of the state chief information
33 officer and director; authority; duties of department.
34
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1 (e) The department shall provide the following
2 services:
3
4 (v) The department shall annually apply to the
5 universal service administrative company under the federal
6 communications commission for amounts available to the
7 state under the schools and libraries program of the
8 universal service fund. All federal funds received by the
9 state from the schools and libraries program of the
10 universal service fund shall be deposited into the public
11 school foundation program account;
12
13 9-4-601. Distribution and use; funds, accounts,
14 cities and towns benefited; exception for bonus payments.
15
16 (d) Except as provided in subsections (k), (m), (n)
17 and (o) of this section, any revenue received under
18 subsection (a) of this section in excess of two hundred
19 million dollars ($200,000,000.00) shall be distributed as
20 follows:
21
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1 (iii) Subject to paragraphs (v), (vi) and (viii)
2 of this subsection, one-third (1/3) to the public school
3 foundation program account;
4
5 (v) From the amounts which would otherwise be
6 distributed to the public school foundation program account
7 under paragraph (iii) of this subsection, amounts shall be
8 deposited to the excellence in higher education endowment
9 fund and the Hathaway student scholarship endowment fund
10 created by W.S. 9-4-204(u)(vi) and (vii) in accordance with
11 and subject to the requirements of this paragraph. The
12 amounts specified in this paragraph shall be reduced as the
13 state treasurer determines necessary to ensure that as of
14 July 1 of each fiscal year, there is an unobligated,
15 unencumbered balance of one hundred million dollars
16 ($100,000,000.00) within the public school foundation
17 program account. Distributions under this paragraph shall
18 be as follows:
19
20 (C) After the amounts specified in
21 subparagraphs (A) and (B) of this paragraph are deposited
22 to the appropriate fund, remaining funds shall be deposited
23 pursuant to paragraph (vi) of this subsection and then to
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1 the public school foundation program account as provided in
2 paragraph (iii) of this subsection.
3
4 (vi) From the amounts which would otherwise be
5 distributed to the public school foundation program account
6 under paragraph (iii) of this subsection and paragraphs
7 (k)(i), (m)(i), (n)(i) and (o)(i) of this section, there is
8 annually appropriated to the common school permanent fund
9 reserve account the amount determined under W.S. 9-4-
10 719(g). The appropriation shall be credited to the account
11 as provided in W.S. 9-4-719(g);
12
13 (k) For the period beginning March 15, 2018 for
14 fiscal years 2018, 2019 and 2020, any revenue received
15 under subsection (a) of this section in excess of five
16 hundred million dollars ($500,000,000.00) shall be
17 distributed as follows:
18
19 (i) For fiscal years 2018 and 2019, two-thirds
20 (2/3) and for fiscal year 2020 one-half (1/2) to the public
21 school foundation program account; and
22
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1 (m) For fiscal year 2021, any revenue received under
2 subsection (a) of this section in excess of four hundred
3 eighty-five million five hundred thousand dollars
4 ($485,500,000.00) and for fiscal year 2022, any revenue
5 received under subsection (a) of this section in excess of
6 five hundred million eight hundred thousand dollars
7 ($500,800,000.00) shall be distributed as follows:
8
9 (i) One-half (1/2) to the public school
10 foundation program account; and
11
12 (n) For fiscal year 2023, any revenue received under
13 subsection (a) of this section in excess of four hundred
14 fifty-nine million dollars ($459,000,000.00) and for fiscal
15 year 2024, any revenue received under subsection (a) of
16 this section in excess of four hundred twenty-nine million
17 two hundred thousand dollars ($429,200,000.00) shall be
18 distributed as follows:
19
20 (i) Forty percent (40%) to the public school
21 foundation program account; and
22
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1 (o) For fiscal year 2025, any revenue received under
2 subsection (a) of this section in excess of five hundred
3 forty-nine million four hundred thousand dollars
4 ($549,400,000.00) and for fiscal year 2026, any revenue
5 received under subsection (a) of this section in excess of
6 five hundred thirty million two hundred thousand dollars
7 ($530,200,000.00) shall be distributed as follows:
8
9 (i) Forty percent (40%) to the public school
10 foundation program account; and
11
12 9-4-605. Distribution and use; capital construction
13 projects and bonds; purposes.
14
15 (j) Unless otherwise specifically prohibited by law,
16 all capital construction projects or acquisition of
17 personal property within the projects for which funds are
18 appropriated by the legislature may be constructed or
19 acquired through the issuance of revenue bonds under this
20 section. To the extent bonds are utilized, appropriations
21 for those projects made by the legislature shall be
22 transferred to the common school account provided by W.S.
23 9-4-310(a)(vii) and shall be invested separate and apart
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1 from pooled investments. Notwithstanding the provisions of
2 W.S. 21-13-301, income and earnings from this investment
3 shall be periodically credited to the public school
4 foundation program account.
5
6 11-25-304. Required permits and licenses; applicable
7 fees; tax imposition; taxation rate; distribution.
8
9 (d) Taxes shall be calculated and paid on a weekly
10 basis based on the net proceeds earned during the prior
11 week on skill based amusement games. On a weekly basis, the
12 vendor shall remit to the commission an amount equivalent
13 to twenty percent (20%) of the net proceeds earned during
14 the prior week on the vendor's skill based amusement games.
15 The taxes imposed under this subsection may be prepaid as
16 provided by rule of the commission. The commission shall
17 remit these monies to the state treasurer for deposit in
18 the commission gaming account and for distribution of the
19 tax as follows:
20
21 (ii) Forty-five percent (45%) to the public
22 school foundation program account;
23
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1 21-2-202. Duties of the state superintendent.
2
3 (a) In addition to any other duties assigned by law,
4 the state superintendent shall:
5
6 (xvii) Include in the agency's budget request:
7
8 (A) Recommendations to the governor for
9 appropriations from the public school foundation program
10 account and for appropriations to the account necessary to
11 fund payments to school districts as required by law; and
12
13 21-4-501. Payment of tuition for children resident in
14 districts which maintain no high school; admission of
15 children to high schools in other districts; state board
16 approval for out-of-state placements; duties of admitting
17 districts; tuition amount.
18
19 (d) Subject to state board approval if an out-of-
20 state placement as required under subsection (a) of this
21 section, nonunified school districts shall be reimbursed
22 from the public school foundation program account for
23 tuition paid under subsection (a) of this section as if the
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1 district's total foundation program amount for that year as
2 computed under W.S. 21-13-309(p) was increased by the
3 amount of the tuition paid during the preceding year.
4
5 21-4-504. Cost of maintaining pupil attending school
6 outside district of residence.
7
8 A school district admitting a pupil from a nonunified
9 school district in the state under W.S. 21-4-501 or
10 providing for the enrollment of a pupil in a school within
11 a school district in another state under W.S. 21-4-505
12 shall, in accordance with rules and regulations of the
13 state department, be reimbursed from the public school
14 foundation program account for expenditures for maintaining
15 that pupil in the admitting district for any length of time
16 the pupil is required to reside in the admitting district.
17 Reimbursement under this subsection shall be subject to and
18 reported in accordance with rule and regulation of the
19 state department and shall be administered as if the
20 district's total foundation program amount computed under
21 W.S. 21-13-309(p) is increased by the amount of the
22 expenditure for maintenance during the preceding year for a
23 school district admitting a pupil from a nonunified school
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1 district in the state under W.S. 21-4-501 and in the
2 current school year for pupils attending a school in
3 another state under W.S. 21-4-505.
4
5 21-7-601. Wyoming teacher shortage loan repayment
6 program; eligibility criteria; procedures; program
7 reporting.
8
9 (m) Cash repayment of loans and interest thereon
10 shall be credited to the public school foundation program
11 account.
12
13 21-7-701. Wyoming adjunct professor loan repayment
14 program; eligibility criteria; procedures; program
15 reporting.
16
17 (j) Cash repayment of loans and interest thereon
18 shall be credited to the public school foundation program
19 account.
20
21 21-12-105. Career and technical education
22 demonstration project grants; application; criteria;
23 limitations.
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