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2001 General Session
State Policies Burn Local Governments
Wyoming citizens rely on a fabric of services provided in cooperation by local and state governments. Currently, a portion of the revenues collected at the state level from state mineral severance taxes and federal mineral royalties are "earmarked" (designated) to directly fund local government, education, and other programs.
Earmarking helps equalize the distribution of mineral revenues among all Wyoming counties and provides local governments and schools with income they can count on. Earmarking is also an efficient means of collecting and distributing tax revenues.
During the 2000 Budget Session, when the Legislature was facing a revenue shortfall for state government, the concept of "de-earmarking" was born. House Bill 195 was adopted to limit the distribution of revenues historically allocated to local governments and schools, in order to retain and spend this money at the state level instead.
The effective date of HB195 was delayed for one year, to July 2001, to allow the legislature to study the effects of the bill. The ESPC opposed this bill and process, believing the study should come first, because passing a law and then spending a year to figure out what's been done is a poor way to make public policy.
The Legislature occasionally creates select committees, which are temporary committees set up to study a specific problem. The Legislature was uncomfortable with its 2000 session "de-earmarking" bill, HB 195, and appointed the Select Committee on De-earmarking Revenues that met during the 2000 interim (between the 2000 and 2001 sessions) to assess impacts and suggest changes in the law to the 2001 General Session. SF 9, "de-earmarking" modifications, is the sole product of this interim committee
Unsurprisingly, research showed that de-earmarking would reduce revenues to local governments while state government would gain a huge windfall due to high mineral prices.
During the 2001 Legislature, local governments and citizens were told that Senate File 9 would correct the inequities of the 2000 session's HB195. Unfortunately, SF9 fell far short of treating local and state governments as partners in delivering services to the citizens of Wyoming.
Starting in fiscal year 2002 (July 1, 2001-June 30, 2002), HB 195/SF 9 will substantially reduce revenue distributions to local governments and other important programs in the following approximate amounts:
- Cities and towns - $19.4 million (37%) less;
- Counties (including county roads) - $7.96 million (35%) less;
- University of Wyoming - $8.6 million (37%) less;
- Capital construction accounts for cities, towns, counties and school districts - $12.2 million (42%) less.
De-earmarking did not make sense even in 2000, when the state was facing a significant budget deficit. It might have solved the state's immediate budget problem, but only by transferring budget shortfalls to local governments and forcing cuts in local services or tax increases on local taxpayers.
Moreover, there is no groundswell of public support for taking mineral severance and royalty dollars away from local governments. Despite the fine rhetoric of "local control," increased reliance on local taxpayers only worsens the differences in services that local governments in "mineral" and "non-mineral" counties are able to provide their citizens. The counties with mineral wealth will be able to buy books for their libraries and grade their county roads, and the ones without ... won't.
De-earmarking makes even less sense in 2001, when the state is projecting a huge budget surplus and doesn't even pretend to need the money. Local governments tightened their belts along with the state during periods of low mineral prices; they should now share in the wealth brought by higher mineral prices.
SF 9 will likely go down as the travesty of the 2001 General Session.
The question still remains: Why didn't the 2001 Legislature just repeal HB 195, the de-earmarking bill from the 2000 Budget Session and provide that local governments, education and other entities continue to share in the distribution of severance taxes and federal mineral royalties as they have historically done. There is no compelling reason that the state legislature needs to take control of this funding that cities, towns and counties, as well as other entities, rely heavily upon for the provision of local services that citizens in local communities depend upon. Executive and Legislative Branches officials talk the local control talk, but do not walk the local control walk, as SF 9 amounts to nothing more than a hostile takeover of a significant element of local government funding.
In the final analysis, it is up to local elected officials and local taxpayers - all of us - to persuade our legislators to reconsider the de-earmarking law and allow our local governments to share in Wyoming's newly-found good times. If we don't, we may well find ourselves facing tax increases and/or new taxes to pay for the Legislature's mistake of de-earmarking.
For more information on "de-earmarking":
• visit the ESPC's "DE-EARMARKING POLICY PAPER
• visit the ESPC's REPORT ON HB 195 from the 2000 Session in the 1999-2000 Wyoming LAP* Book
2/21 Senate rejected House amendments that are more supportive of
historic distributions of mineral severance taxes and federal mineral
royalties to local governments and education/Senate supports capturing at
the state level funds local governments and education depend upon
Ayes 12 -- Nays 18 -- Excused 0 -- Absent 0 -- Conflicts 0
2/20 House Passed 3rd Reading
Ayes 50 -- Nays 10 -- Excused 0 -- Absent 0 -- Conflicts 0
2/15 House Revenue Committee
Ayes 9 -- Nays 0 -- Excused 0 -- Absent 0 -- Conflicts 0
1/26 Senate - Passed 3rd Reading
Ayes 21 -- Nays 9 -- Excused 0 -- Absent 0 -- Conflicts 0
1/26 Senate - MASSIE AMENDMENT FAILED
to increase distributions of mineral
severance taxes and royalties to local governments and education
Ayes 14 -- Nays 16 -- Excused 0 -- Absent 0 -- Conflicts 0
1/25 Senate - SESSIONS AMENDMENT FAILED
Page 24-line 13 - Delete "2001" insert "2002". SESSIONS
Ayes 12 -- Nays 18 -- Excused 0 -- Absent 0 -- Conflicts 0
1/23 Senate Appropriations Committee Recommended Amend and Do Pass
Ayes 4 -- Nays 1 -- Excused 0 -- Absent 0 -- Conflicts 0
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House Revenue Committee |
2/15/01 |
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Pat Nagel (Chairman) |
R-Casper |
Yes |
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Rodney "Pete" Anderson |
R-Pine Bluffs |
Yes |
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Chris Boswell |
D-Green River |
Yes |
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Roy Cohee |
R-Casper |
Yes |
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Nick Deegan |
D-Gillette |
Yes |
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Roger Huckfeldt |
R-Torrington |
Yes |
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Phil Nicholas |
R-Laramie |
Yes |
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Douglas Osborn |
R-Buffalo |
Yes |
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Jane Wostenberg |
R-Worland |
Yes |
| Ayes 9 -- Nays 0 --Excused 0--Absent 0--Conflicts 0 | ||
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Senate Appropriations Committee |
1/23/01 |
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Grant Larson |
R-Jackson(Chairman) |
No |
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Jim Anderson |
R-Glenrock |
Yes |
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Rich Cathcart |
D-Carpenter |
Yes |
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Mark Harris |
D-Green River |
Yes |
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Bruce Hinchey |
R-Casper |
Yes |
| Ayes 4 -- Nays 1 --Excused 0--Absent 0--Conflicts 0 | ||
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BIG HORN BASIN LEGISLATORS |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
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S18 |
Sen. Hank Coe (R) |
No |
No |
Yes |
No |
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H24 |
Rep. Colin Simpson (R) |
Yes |
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H50 |
Rep. Pat Childers (R) |
Yes |
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S19 |
Sen. Carroll Miller (R) |
Yes |
Yes |
No |
Yes |
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H25 |
Rep. Alan Jones (R) |
Yes |
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H26 |
Rep. Chas. Hessenthaler (R) |
Yes |
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S20 |
Sen. Gerald Geis (R) |
No |
No |
Yes |
No |
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H27 |
Rep. N. Jane Wostenberg (R) |
Yes |
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H28 |
Rep. Mike Baker (R) |
Yes |
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CASPER-AREA LEGISLATORS |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
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S27 |
Sen. Bruce Hinchey (R) |
No |
No |
No |
No |
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H35 |
Rep. Roy Cohee (R) |
Yes |
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H36 |
Rep. Gerald Gay (R) |
Yes |
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S28 |
Sen. Keith Goodenough (D) |
Yes |
Yes |
No |
No |
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H56 |
Rep. Pat Nagel (R) |
Yes |
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H57 |
Rep. Thomas Lockhart (R) |
Yes |
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S29 |
Sen. Bill Hawks (R) |
No |
No |
Yes |
No |
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H37 |
Rep. Rick Tempest (R) |
No |
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H59 |
Rep. Dick Sadler (D) |
No |
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S30 |
Sen. Charles Scott (R) |
No |
No |
Yes |
No |
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H38 |
Rep. Carolyn Paseneaux (R) |
Yes |
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H58 |
Rep. Ann Robinson (D) |
Yes |
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CHEYENNE-AREA LEGISLATORS |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
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S4 |
Sen. April Brimmer Kunz (R) |
No |
No |
Yes |
No |
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H7 |
Rep. Tony Ross (R) |
Yes |
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H41 |
Rep. Mac McGraw (D) |
Yes |
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S5 |
Sen. John Hanes (R) |
No |
No |
Yes |
No |
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H8 |
Rep. Larry Meuli (R) |
Yes |
||||
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H42 |
Rep. Pete Illoway (R) |
Yes |
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S6 |
Sen. Rich Cathcart (D) |
Yes |
Yes |
Yes |
No |
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H9 |
Rep. Wayne Johnson (R) |
Yes |
||||
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H10 |
Rep. Pete Anderson (R) |
Yes |
||||
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S7 |
Sen. Kathryn Sessions (D) |
Yes |
Yes |
No |
No |
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H11 |
Rep. Wayne Reese (D) |
Yes |
||||
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H43 |
Rep. Doug Samuelson (R) |
Yes |
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S8 |
Sen. Jayne Mockler (D) |
Yes |
Yes |
No |
Yes |
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H12 |
Rep. Layton Morgan (D) |
Yes |
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H44 |
Rep. Floyd Esquibel (D) |
No |
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GILLETTE-AREA LEGISLATORS |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
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S23 |
Sen. Steven Youngbauer (R) |
No |
No |
Yes |
No |
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H31 |
Rep. John Hines (R) |
Yes |
||||
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H52 |
Rep. George McMurtrey (R) |
Yes |
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S24 |
Sen. Dick Erb (R) |
No |
No |
Yes |
No |
|
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H32 |
Rep. Jeff Wasserburger (R) |
Yes |
||||
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H53 |
Rep. Nick Deegan (D) |
Yes |
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LANDER/RIVERTON-AREA |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
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S25 |
Sen. Cale Case (R) |
No |
No |
Yes |
No |
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H33 |
Rep. Harry Tipton (R) |
Yes |
||||
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H54 |
Rep. Del McOmie (R) |
No |
||||
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S26 |
Sen. Bob Peck (R) |
No |
No |
Yes |
Yes |
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H34 |
Rep. Frank Philp (R) |
Yes |
||||
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H55 |
Rep. David Miller (R) |
Yes |
||||
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NORTHEAST/EAST CENTRAL |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
|
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S1 |
Sen. Bill Barton (R) |
No |
No |
Yes |
Yes |
|
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H1 |
Rep. Marlene Simons (R) |
Yes |
||||
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H2 |
Rep. Ross Diercks (D) |
No |
||||
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S2 |
Sen. Jim Anderson (R) |
Yes |
Yes |
Yes |
Yes |
|
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H5 |
Rep. Jim Hageman (R) |
Yes |
||||
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H6 |
Rep. Dave Edwards (R) |
Yes |
||||
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S3 |
Sen. Curt Meier (R) |
No |
No |
Yes |
Yes |
|
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H3 |
Rep. Bill Stafford (R) |
Yes |
||||
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H4 |
Rep. Roger Huckfeldt (R) |
Yes |
||||
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SHERIDAN-AREA LEGISLATORS |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
|
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S21 |
Sen. Tom Kinnison (R) |
No |
No |
Yes |
No |
|
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H29 |
Rep. Jerry Iekel (R) |
Yes |
||||
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H51 |
Rep. Bruce Burns (R) |
Yes |
||||
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S22 |
Sen. John Schiffer (R) |
No |
No |
Yes |
No |
|
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H30 |
Rep. Jack Landon (R) |
Yes |
||||
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H40 |
Rep. Douglas Osborn (R) |
Yes |
||||
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SOUTH CENTRAL WYOMING |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
|
|
S9 |
Sen. Mike Massie (D) |
Yes |
Yes |
No |
Yes |
|
|
H13 |
Rep. Jane Warren (D) |
Yes |
||||
|
H45 |
Rep. Lorna Johnson (D) |
No |
||||
|
S10 |
Sen. Irene Devin (R) |
No |
Yes |
Yes |
Yes |
|
|
H14 |
Rep. Phil Nicholas (R) |
Yes |
||||
|
H46 |
Rep. Jim Slater (R) |
Yes |
||||
|
S11 |
Sen. Bill Vasey (D) |
Yes |
Yes |
No |
Yes |
|
|
H15 |
Rep. Tony Rose (R) |
Yes |
||||
|
H47 |
Rep. Teense Willford (R) |
Yes |
||||
|
SOUTHWEST WYOMING |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
|
|
S12 |
Sen. Rae Lynn Job (D) |
Yes |
Yes |
No |
Yes |
|
|
H16 |
Rep. Stephen Watt (D) |
Yes |
||||
|
H48 |
Rep. George "Bud" Nelson (D) |
No |
||||
|
S13 |
Sen. Tex Boggs (D) |
Yes |
Yes |
Yes |
Yes |
|
|
H17 |
Rep. Fred Parady (R) |
No |
||||
|
H60 |
Rep. Bill Thompson (D) |
Yes |
||||
|
S14 |
Sen. Mark Harris (D) |
Yes |
Yes |
Yes |
Yes |
|
|
H18 |
Rep. John Eyre (R) |
Yes |
||||
|
H39 |
Rep. Chris Boswell (D) |
No |
||||
|
S15 |
Sen. Ken Decaria (D) |
Yes |
Yes |
No |
No |
|
|
H19 |
Rep. Owen Petersen (R) |
Yes |
||||
|
H49 |
Rep. Saundra Meyer (D) |
Yes |
||||
|
WEST CENTRAL WYOMING |
1/25/01 |
1/26/01 |
1/26/01 |
2/20/01 |
2/21/01 |
||
|
S16 |
Sen. Delaine Roberts (R) |
No |
Yes |
Yes |
No |
||
|
H20 |
Rep. Louie Tomassi (R) |
No |
|||||
|
H21 |
Rep. Randall Luthi (R) |
Yes |
|||||
|
S17 |
Sen. Grant Larson (R) |
No |
No |
Yes |
No |
||
|
H22 |
Rep. Jim "Bubba" Shivler (R) |
Yes |
|||||
|
H23 |
Rep. Clarene Law (R) |
Yes |
|||||