Legislative and executive authority-taxation and spending.
Summary
SJ0010 is a proposed constitutional amendment that would explicitly reserve the power of taxation and spending to the people, the legislative branch, and the executive branch, while allowing the legislature to delegate certain taxing and spending authority to local political subdivisions. The measure also permits the legislature to assign ministerial duties related to debt service and tax-rate implementation to the executive branch, with courts empowered to enforce those delegated duties.
The resolution includes a specific provision for public school operating costs. It would require the legislature to establish a school funding formula, make that formula subject to judicial review for constitutional compliance, and bar judicial review of the amount appropriated under the formula. If the appropriation is not enough to fully fund the formula, spending would be reduced uniformly across the affected funding. The proposal would be placed before voters at a general election if approved by the legislature.
Impact
If adopted, SJ0010 would amend the Wyoming Constitution to narrow and clarify which branches may control taxation and spending, and to limit judicial involvement in appropriation amounts. It would affect state constitutional separation-of-powers principles, local government taxing and spending authority, and the legal framework for school finance by requiring a legislative funding formula and establishing a uniform reduction mechanism when appropriations fall short. It would also preserve a limited role for the courts in reviewing constitutional compliance and enforcing delegated ministerial duties.
Sentiment
The bill appears to have had mixed support in committee but ultimately faced significant resistance on the floor. It received a 3-2 recommendation to amend and do pass from the Senate Revenue Committee, suggesting some support for the concept among committee members. However, the Committee of the Whole vote failed 9-21, indicating broad opposition or insufficient support among senators overall.
Contention
The main points of contention are likely the constitutional reallocation of taxing and spending authority and the bill’s effect on judicial review, especially in the context of school funding. Supporters appear to favor clearer legislative control over taxation and appropriations and a more limited judicial role, while opponents likely object to restricting court review of appropriations and to the potential consequences for public school funding if legislative appropriations are insufficient. The school-funding formula and the uniform spending reduction provision are likely to be especially sensitive issues because they directly affect education finance and the balance between legislative discretion and constitutional obligations.