H.B. No. 0211

Special districts-resort districts.

 

Sponsored By:                              Representative(s) Ross, Jorgensen, Law and Olsen and Senator(s) Larson and Roberts

 

AN ACT relating to counties; creating a new special district, known as the "resort district"; providing for formation; providing definitions, functions and powers, including authority to impose an optional sales and use tax; providing for a board; providing procedures for bonding and assessments; providing election procedures; amending sales and use tax provisions; including resort districts in the special districts election act; and providing for an effective date.

 

1/21/2003         Bill Number Assigned

1/22/2003         H Received for Introduction

1/22/2003         H Introduced and Referred to H07

1/28/2003         H07 Recommended Do Pass

 

ROLL CALL

Ayes:  Representative(s) Illoway, Jansen, Johnson, L., Latta, McOmie, Petersen, Prosser and Ross

Nays:  Representative(s) Martin

Ayes 8    Nays 1    Excused 0    Absent 0    Conflicts 0

 

1/28/2003         H Placed on General File

 

1/30/2003         H Amendments Considered

HB0211HW001/A     ADOPTED

Page 14-after line 19                             Insert:

"(b)  Annually, thirty (30) days prior to the commencement of the district's fiscal year, the board of directors shall submit to the board of county commissioners for its review the district's annual proposed budget for the upcoming fiscal year and the district's plan for expenditure priorities.".

Page 28-line 21                                      After "district" insert "by vendors physically situated within the district".  ROSS, LAW

 

1/30/2003         H Passed CoW

1/31/2003         H Passed 2nd Reading

2/3/2003          H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Bagby, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Law, Lockhart, Luthi, McOmie, Meuli, Meyer, Miller, D., Nicholas, Olsen, Osborn, Parady, Petersen, Powers, Prosser, Robinson, Ross, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger and Wostenberg.

Nays:  Representative(s) Anderson, R., Baker, Boswell, Latta, Martin, McMurtrey, Morgan, Philp, Reese and Semlek.

Ayes 50    Nays 10    Excused 0    Absent 0    Conflicts 0

 

2/4/2003          S Received for Introduction

2/4/2003          S Introduced and Referred to S09

2/10/2003         S09 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Barrasso, Coe and Hawks

Nays:  Senator(s) Decaria and Mockler

Ayes 3    Nays 2    Excused 0    Absent 0    Conflicts 0

 

2/10/2003         S Placed on General File

 

2/18/2003         S Amendments Considered

HB0211SS001/AE    (TO ENGROSSED COPY)     ADOPTED

Page 5-line 19                                        After "boundary" insert "within one (1) county".

Page 13-line 22                                      Delete and renumber. 

Page 14-line 1                                        Delete "(xxii)" insert "(xxi)".

Page 14-line 4                                        Delete "(xxiii)" insert "(xxii)".

Page 14-line 7                                        Delete "(xxiv)" insert "(xxiii)".

Page 14-line 18                                      Delete "(xxv)" insert "(xxiv)".

Page 20-line 8                                        Delete "18-16-107(a)(xxiv)" insert "18-16-107(a)(xxiii)".

Page 20-line 13                                      Delete "18-16-107(a)(xxiv)" insert "18-16-107(a)(xxiii)".  HAWKS, CHAIRMAN

 

HB0211SW001/FCE   (TO ENGROSSED COPY)     (CORRECTED COPY)  FAILED

Page 28-lines 12 through 14   Delete and insert:

"(A)  Before any proposition to impose the tax or incur the debt shall be placed before the voters, the governing board of the resort district shall adopt a resolution approving the proposition, setting forth a procedure for qualification of a ballot question for placement on the ballot and specifying how excess funds shall be expended;

(B)  The revenue from the tax shall be used in a specified amount for specific purposes authorized by the qualified voters. Specific purposes shall not include ordinary operations of local government except those operations related to a specific project;

(C)  No tax shall be imposed under this paragraph until the proposition to impose the tax for specific purposes in specific amounts is approved by the vote of the majority of the qualified district voters voting on the proposition. The amount of revenue to be collected and the purpose or purposes for which it is proposed to be used shall be specified in the proposition. The election shall be held in accordance with W.S. 22‑21‑101 through 22‑21‑112. Any excise tax imposed under this subsection shall commence on the first day of the second month following the election approving the imposition of the tax, except that it shall commence on the first day of any subsequent month following the receipt of tax funds in the approved amount by any tax previously imposed under this subsection as provided by subparagraph (E) of this paragraph.  Unless terminated earlier by the sponsoring entities pursuant to subparagraph (G) of this paragraph, the tax shall terminate on the last day of the month following the month in which the amount approved by the voters is collected;

(D)  No debt may be incurred or approved which when added to the existing indebtedness of the sponsoring entity or entities, would exceed the constitutional debt limitation of the sponsoring entity or entities. However, nothing herein prohibits the approval of a proposition which establishes a fund for accumulation of funds sufficient to carry out the purpose approved or to pay a sufficient amount of the cost so as to bring the remainder of the debt within the debt limitation of the sponsoring entity or entities;

(E)  Upon certification of the election results by the county clerk to the treasurer, the county treasurer shall, within ten (10) days, notify the department of revenue of the requirement for imposition of any tax under this subsection and shall, upon the receipt of all tax funds in the amount approved, notify the department of revenue that the special tax levy is terminated. The department of revenue shall, upon notification, inform all holders of sales and use tax licenses within the resort district of the requirement for the collection and payment of the additional tax. After receipt of notice that the amount has been collected or that the sponsoring entities have terminated the tax pursuant to subparagraph (G) of this paragraph, the department shall notify the license holders of the termination of the tax;

(F)  The first resort district imposing the tax provided by this act shall be responsible for payment of costs incurred by the department to initially set up computer records and support systems for administration of this tax. These costs shall be withheld by the state treasurer from the proceeds to be distributed pursuant to the preceding paragraph until such costs are fully recovered;

(G)  The sponsoring entities may agree to terminate the tax if the tax collected reaches the actual cost of the completed projects and the amount specified in the proposition exceeds the actual cost of the completed projects. The sponsoring entities shall inform the department of revenue and the county treasurer that the tax is terminated.".

Page 31-lines 20 through 22   Delete and insert:

"(A)  Before any proposition to impose the tax or incur the debt shall be placed before the voters, the governing board of the resort district shall adopt a resolution approving the proposition, setting forth a procedure for qualification of a ballot question for placement on the ballot and specifying how excess funds shall be expended;

(B)  The revenue from the tax shall be used in a specified amount for specific purposes authorized by the qualified district voters. Specific purposes shall not include ordinary operations of local government except those operations related to a specific project;

(C)  No tax shall be imposed under this paragraph until the proposition to impose the tax for specific purposes in specific amounts is approved by the vote of the majority of the qualified district voters voting on the proposition. The amount of revenue to be collected and the purpose or purposes for which it is proposed to be used shall be specified in the proposition. The election shall be held in accordance with W.S. 22‑21‑101 through 22‑21‑112. Any excise tax imposed under this subsection shall commence on the first day of the second month following the election approving the imposition of the tax, except that it shall commence on the first day of any subsequent month following the receipt of tax funds in the approved amount by any tax previously imposed under this subsection as provided by subparagraph (E) of this paragraph.  Unless terminated earlier by the sponsoring entities pursuant to subparagraph (G) of this paragraph, the tax shall terminate on the last day of the month following the month in which the amount approved by the voters is collected;

(D)  No debt may be incurred or approved which when added to the existing indebtedness of the sponsoring entity or entities, would exceed the constitutional debt limitation of the sponsoring entity or entities. However, nothing herein prohibits the approval of a proposition which establishes a fund for accumulation of funds sufficient to carry out the purpose approved or to pay a sufficient amount of the cost so as to bring the remainder of the debt within the debt limitation of the sponsoring entity or entities;

(E)  Upon certification of the election results by the county clerk to the treasurer, the county treasurer shall, within ten (10) days, notify the department of revenue of the requirement for imposition of any tax under this subsection and shall, upon the receipt of all tax funds in the amount approved, notify the department of revenue that the special tax levy is terminated. The department of revenue shall, upon notification, inform all holders of sales and use tax licenses within the resort district of the requirement for the collection and payment of the additional tax. After receipt of notice that the amount has been collected or that the sponsoring entities have terminated the tax pursuant to subparagraph (G) of this paragraph, the department shall notify the license holders of the termination of the tax;

(F)  The first resort district imposing the tax provided by this act shall be responsible for payment of costs incurred by the department to initially set up computer records and support systems for administration of this tax. These costs shall be withheld by the state treasurer from the proceeds to be distributed pursuant to the preceding paragraph until such costs are fully recovered;

(G)  The sponsoring entities may agree to terminate the tax if the tax collected reaches the actual cost of the completed projects and the amount specified in the proposition exceeds the actual cost of the completed projects. The sponsoring entities shall inform the department of revenue and the county treasurer that the tax is terminated.".  MOCKLER, DECARIA

 

2/18/2003         S Passed CoW

 

2/19/2003         S Amendments Considered

HB0211S2001/FE    (TO ENGROSSED COPY)     FAILED

Page 13-line 11                                      After "lighting" insert ", provided that lighting be designed in order to reduce light pollution and light trespass".  CASE

 

HB0211S2002/AE    (TO ENGROSSED COPY)     ADOPTED

Page 24-line 19                                      After "directors," insert "approval of the sales and use tax,".

Page 28-line 14                                      After "district" insert "and approved by a majority of the district voters under W.S. 18-16-119".

Page 31-line 22                                      After "district" insert "and approved by a majority of the district voters under W.S. 18-16-119".  LARSON

 

2/19/2003         S Passed 2nd Reading

2/20/2003         S Laid Back Without Prejudice

2/21/2003         S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Barrasso, Burns, Caller, Coe, Devin, Erb, Geis, Hanes, Hawks, Hines, Kunz, Larson, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.

Nays:  Senator(s) Barton, Boggs, Case, Cathcart, Decaria, Job and Massie.

Excused:  Senator(s) Goodenough

Ayes 22    Nays 7    Excused 1    Absent 0    Conflicts 0

 

2/24/2003         H Did Concur

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gilmore, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger and Wostenberg.

Excused:  Representative(s) Gentile

Ayes 59    Nays 0    Excused 1    Absent 0    Conflicts 0

 

2/24/2003         Assigned Number HEA 0044

2/25/2003         H Speaker Signed HEA No. 0044

2/25/2003         S President Signed HEA No. 0044

2/28/2003         Governor Signed HEA No. 0044

 

Chapter No. 0072  Session Laws of Wyoming 2003.