HB 65 proposed an excise tax on electricity generated at power plants in Wyoming. The tax of .0012 cents per kilowatt-hour, which would raise approximately $49 million annually, would be earmarked for public school capital construction.

Proponents of HB 65 said that Wyoming has the second-lowest electric rates in the nation, and that two-thirds of the tax would be paid by out-of-state consumers. They also noted that when a similar excise tax was assessed on coal and trona in the early 1980s, it did not negatively impact Wyoming production.

Opponents of HB 65 argued that the tax would be passed on to consumers, and would discourage power companies from locating or staying in Wyoming.

A similar bill sponsored by Rep. Chris Boswell (D-H39, Green River) with co-sponsor Sen. Jayne Mockler (D-S8, Cheyenne), was offered during the 1997 special session on education, but was killed in the House Rules & Procedures Committee without a vote.

HB 65 failed to gain the two-thirds vote needed to introduce a non-budget bill in a budget session, 46-13 (1 excused).