§ 39-14-801 — Severance tax distributions; distribution account created; formula

Wyoming § 39-14-801

• Jurisdiction: Wyoming
• Title 39: Taxation and Revenue
• Ch. 14: MINE PRODUCT TAXES
• Art. 8: SEVERANCE TAX DISTRIBUTIONS

Text

(a) There is created the severance tax distribution
account into which shall be credited revenues from severance
taxes as provided by law. Interest on earnings from funds in the
account shall be credited to the general fund.
(b) Before making distributions from the severance tax
distribution account under subsections (c) through (e) of this
section, an amount equal to two-thirds (2/3) of the amount of
tax collected under W.S. 39-14-104(a)(i) and (b)(i) and 39-14-
204(a)(i) for the same period shall be deposited as follows:
(i) Repealed by Laws 2021, ch. 144, § 3.
(ii) Repealed by Laws 2021, ch. 144, § 3.
(iii) Repealed by Laws 2021, ch. 144, § 3.
(iv) For fiscal years 2021 and 2022, these funds
shall be deposited to the one percent severance tax account;
(v) For fiscal year 2023 through fiscal year 2028
these funds shall be deposited equally to the permanent Wyoming
mineral trust fund and to the common school account within the
permanent land fund;
(vi) For fiscal year 2029 and thereafter these funds
shall be deposited two-thirds (2/3) to the permanent Wyoming
mineral trust fund and one-third (1/3) to the common school
account within the permanent land fund.
(c) [LUST] Before making distributions from the severance
tax distribution account under subsections (d) and (e) of this
section, an amount equal to the amount of tax collected under
W.S. 39-17-104(a)(iii) and 39-17-204(a)(ii) for the same period
shall be distributed to the corrective action account created by
W.S. 35-11-1424 and to the financial responsibility account
created by W.S. 35-11-1427 in an inverse proportion to the
amount in the two (2) accounts.
(d) After making distributions pursuant to subsections
(b), (c), (f) and (j) of this section, distributions under
subsection (e) of this section shall be made from the severance
tax distribution account. The amount of distributions under
subsection (e) of this section shall not exceed one hundred
fifty-five million dollars ($155,000,000.00) in any fiscal year.
To the extent that distributions under subsection (e) of this
section would exceed that amount in any fiscal year, except as
provided in subsections (g), (h), (k) and (m) of this section,
the excess shall be credited:
Note: Effective 7/1/2026 this section will read as:
(d) After making distributions pursuant to subsections
(b), (c), (f) and (j) of this section, distributions under
subsection (e) of this section shall be made from the severance
tax distribution account. The amount of distributions under
subsection (e) of this section shall not exceed one hundred
fifty-five million dollars ($155,000,000.00) in any fiscal year.
To the extent that distributions under subsection (e) of this
section would exceed that amount in any fiscal year, the excess
shall be credited to the general fund.
(i) One-third (1/3) to the general fund; and
Note: this paragraph is repealed by Laws 2025, ch. 63, § 2.
effective 7/1/2026.
(ii) Two-thirds (2/3) to the budget reserve account.
Note: this paragraph is repealed by Laws 2025, ch. 63, § 2.
effective 7/1/2026.
(e) Deposits into the account created by subsection (a) of
this section shall be distributed as follows, subject to
subsections (b) through (d) and (f) of this section:
(i) To the general fund, sixty-two and twenty-six
hundredths percent (62.26%);
(ii) To water development account I under W.S.
41-2-124(a)(i), twelve and forty-five hundredths percent
(12.45%);
(iii) To water development account II under W.S.
41-2-124(a)(ii), two and one tenth percent (2.1%);
(iv) To the highway fund, except for the fiscal years
commencing July 1, 2016 and July 1, 2017, four and thirty-three
hundredths percent (4.33%), except that if the total
unencumbered revenues within the state park road account created
by W.S. 24-14-102 are less than five hundred thousand dollars
($500,000.00) on July 1, 2001 or on July 1 of any even-numbered
year thereafter, the state treasurer shall first distribute
revenues to that account in an amount equal to five hundred
thousand dollars ($500,000.00) less the total unencumbered
revenues in the account on July 1 of that year. For the fiscal
years commencing July 1, 2016 and July 1, 2017 funds under this
paragraph shall be distributed to the general fund;
(v) To counties, seventy-eight hundredths percent
(0.78%), subject to the following formula:
(A) Fifty percent (50%) of the funds distributed
under this paragraph shall be distributed to the counties in the
same proportion that the population of the county bears to the
population of the state; and
(B) Fifty percent (50%) of the funds distributed
under this paragraph shall be distributed to the counties based
upon the inverse of the assessed valuation of each county as
computed under subparagraph (vii)(C) of this subsection.
(vi) To counties, three and one-tenth percent (3.1%),
each county to receive an amount in the proportion which the
population of the county bears to total state population;
(vii) To the road construction and maintenance funds
of the various counties as provided by W.S. 24-2-110, two and
nine-tenths percent (2.9%), except that each county's share of
funds under this subsection shall be computed as follows:
(A) One-third (1/3) shall be distributed to each
county in the ratio that the population of the county bears to
total state population;
(B) One-third (1/3) shall be distributed to each
county in the ratio that the mileage of county roads in the
county bears to total county roads in Wyoming;
(C) One-third (1/3) shall be distributed to each
county as follows:
(I) Arrange the assessed valuation of each
county in descending order by county;
(II) Calculate the county percentages of
assessed valuation relative to total state valuation;
(III) Calculate the inverse of the county
percentage of total state assessed valuation by dividing one (1)
by the percentage computed in subdivision (C)(II) of this
paragraph;
(IV) Compute each county share by dividing
each inverse calculated under subdivision (III) of this
subparagraph by the total sum of the inverses calculated under
subdivision (III) of this subparagraph.
(viii) To cities and towns, nine and twenty-five
hundredths percent (9.25%), each city or town to receive an
amount in the proportion which the population of the city or
town bears to the population of all cities and towns in Wyoming;
(ix) To the capital construction account, two and
thirty-three hundredths percent (2.33%), to be expended for the
purposes specified in W.S. 9-4-604(k)(ii);
(x) To the water development account III, five-tenths
of one percent (.5%), to be expended for the purposes specified
in W.S. 41-2-124(d).
(f) Funds subject to subsection (b) of this section shall
be deposited in accordance with that subsection unless specified
otherwise by enactment of a general appropriations bill for
state government as determined by the legislature to be
necessary to alleviate a budget shortfall or structural budget
deficit as defined by W.S. 9-2-1002, or to provide
appropriations to maintain services as determined by the
legislature.
(g) For fiscal year 2019, when distributions under
paragraph (d)(ii) of this section equal one hundred thirty-seven
million dollars ($137,000,000.00) additional funds that would
otherwise be distributed under paragraphs (d)(i) and (ii) of
this section shall be credited to the school foundation program
reserve account and the budget reserve account in equal amounts
until credits to the school foundation program reserve account
for the fiscal year reach fifty million dollars
($50,000,000.00). If there are undistributed funds in the
severance tax distribution account and the conditions of this
subsection have been met, the excess shall be credited as
follows:
Note: this subsection is repealed by Laws 2025, ch. 63, § 2.
effective 7/1/2026.
(i) One-third (1/3) to the general fund; and
(ii) Two-thirds (2/3) to the budget reserve account.
(h) For fiscal year 2021, when distributions under
paragraph (d)(ii) of this section equal one hundred thirty-one
million eight hundred thousand dollars ($131,800,000.00) and for
fiscal year 2022, when distributions under paragraph (d)(ii) of
this section equal one hundred forty million seven hundred
thousand dollars ($140,700,000.00), additional funds that would
otherwise be distributed under paragraphs (d)(i) and (ii) of
this section shall be credited to the school foundation program
reserve account and the budget reserve account in equal amounts
until the amount credited to the school foundation program
reserve account under this subsection for the fiscal year reach
fifty million dollars ($50,000,000.00). If there are
undistributed funds in the severance tax distribution account
and the conditions of this subsection have been met, the excess
shall be credited as follows:
Note: this subsection is repealed by Laws 2025, ch. 63, § 2.
effective 7/1/2026.
(i) One-third (1/3) to the general fund; and
(ii) Two-thirds (2/3) to the budget reserve account.
(j) The state treasurer shall withhold from any payment
due to a city or county under this section an amount equal to
any delinquent payment owed by a city or county under W.S. 15-5-
203(h). The withheld amount shall be deposited to the
legislative stabilization reserve account and credited against
the delinquent entity's unpaid loan amount.
(k) For fiscal year 2023, when distributions under
paragraph (d)(ii) of this section equal one hundred fifteen
million five hundred thousand dollars ($115,500,000.00) and for
fiscal year 2024, when distributions under paragraph (d)(ii) of
this section equal one hundred two million two hundred thousand
dollars ($102,200,000.00), additional funds that would otherwise
be distributed under paragraphs (d)(i) and (ii) of this section
shall be credited as follows:
Note: this subsection is repealed by Laws 2025, ch. 63, § 2.
effective 7/1/2026.
(i) One-third (1/3) to the general fund;
(ii) One-third (1/3) to the budget reserve account;
and
(iii) One-third (1/3) to the school foundation
program reserve account.
(m) For fiscal year 2025, when distributions under
paragraph (d)(ii) of this section equal one hundred sixty-four
million eight hundred thousand dollars ($164,800,000.00) and for
fiscal year 2026, when distributions under paragraph (d)(ii) of
this section equal one hundred fifty-four million five hundred
thousand dollars ($154,500,000.00), additional funds that would
otherwise be distributed under paragraphs (d)(i) and (ii) of
this section shall be credited as follows:
(i) One-third (1/3) to the general fund;
(ii) One-third (1/3) to the budget reserve account;
and
(iii) One-third (1/3) to the school foundation
program reserve account.