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.