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House adopts conference committee report on House Bill 166, expanding and means-testing educational savings accounts

March 09, 2024 | 2024 Budget Session - Floor Sessions, Budget Sessions, Committees, Legislative, Wyoming


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House adopts conference committee report on House Bill 166, expanding and means-testing educational savings accounts
The Wyoming House adopted the joint conference committee report on House Bill 166, the state's educational savings account (ESA) bill, after floor debate over means testing, award amounts and program design.

Chairman Brown, the motion bringer, summarized the conference compromise: the report adds a means test and a tiered award schedule with a top award of $6,000 at 150% of the federal poverty level and descending amounts at higher household-income tiers. The committee also adjusted the share of funds allowable for prekindergarten uses, changing a previously discussed 30% pre-K allocation to a 20% pre-K allocation with unused pre-K funds allowed to tip into the main 80% pool.

Opponents raised constitutional and fiscal concerns. Representative Obermueller said states that have ESAs typically have higher tax structures and warned of growth in government and the absence of offsets to public school financing; Representative Provenza questioned whether the 450–500% thresholds would satisfy judicial scrutiny and warned the courts might view higher-income eligibility as non-targeted aid. Supporters argued the tiered means test improves constitutionality and access, and cited experience in other states where ESAs operate.

The House adopted the conference report by roll call; the clerk recorded 34 aye, 27 no, 1 excused. The report deleted a standing committee amendment that had narrowed pre-K access and reinstated broader pre-K eligibility under the conference compromise.

Ending: The adopted report moves the ESA framework forward; staff and legislators noted further work could follow to fine-tune program mechanics and oversight.

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