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H.B. No. 0009 |
Subdivisions-cluster developments. |
Sponsored By: Joint Corporations, Elections and Political Subdivisions Interim Committee
AN ACT relating to subdivisions; modifying exemptions from county subdivision regulation; authorizing a county conservation design process; providing for cluster development in unincorporated areas; providing for incentives for land use design; providing an exception to qualify parcels as agricultural land for taxation purposes; and providing for effective dates.
11/26/2008 Bill Number Assigned
1/13/2009 H Received for Introduction
1/13/2009 H Introduced and Referred to H07
1/16/2009 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brown, Craft, Diercks, Hales, Illoway, Lubnau, Miller, Stubson and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
1/16/2009 H Placed on General File
HB0009HS001.01/ADOPTED (CORRECTED COPY)
Page 3-line 24 Delete "ninety-nine (99)" insert "sixty-five (65)".
Page 4-After line 18 Insert:
"(v) "Private recreation" shall not include nature trails or hiking trails;"
Page 4-line 20 Delete "(v)" insert "(vi)".
Page 6-line 5 Delete "ninety-".
Page 6-line 6 Delete "nine (99)" insert "sixty-five (65)". ILLOWAY, CHAIRMAN
HB0009HS001.02/FAILED
Page 6-line 3 Before "The" insert "If the area of open space is owned in common by the owners of the lots,".
Page 6-line 6 Insert ". If ownership of the open space land is retained by the permit applicant, the provision shall provide for a process whereby the owners of the lots shall have a right of first refusal to acquire the land preserved in open space prior to any development of the land following expiration of the initial sixty-five (65) year period". ILLOWAY, CHAIRMAN
1/19/2009 H Passed CoW
HB0009H2001/ADOPTED
Page 2-lines 1-4 Delete entirely and insert:
"The board of county commissioners in each county, by resolution, may establish, regulate and control a conservation design process for the unincorporated area in the county as provided in this article.".
Page 7-line 2 Delete "Each" insert "If a"; after "commissioners" insert "adopts the process described in this article, it".
Page 7-line 3 After "and" insert ",".
Page 7-line 4 After "Act" insert ",". GINGERY
HB0009H2002/ADOPTED (CORRECTED COPY)
Page 3-line 10 After "parcel" insert ", as defined in W.S. 18-5-302(a)(x),".
Page 5-line 6 Delete "divide" insert "sell"; after "land" insert "subject to subdivision regulation"; after "article" insert ", record a plat".
Page 5-line 18 After "designating" insert "the open space area".
Page 5-line 22 Delete "retention and maintenance" insert "designation".
Page 6-line 4 After "retain the" insert "designation of".
Page 6-line 5 Delete "in" insert "as". BROWN
1/20/2009 H Passed 2nd Reading
1/21/2009 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Berger, Blake, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McOmie, Meyer, Miller, Millin, Moniz, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Barbuto, Brechtel, McKim, Mercer, Patton and Peasley
Excused: Representative(s) Jorgensen
Ayes 53 Nays 6 Excused 1 Absent 0 Conflicts 0
1/26/2009 S Received for Introduction
1/26/2009 S Introduced and Referred to S07
2/5/2009 S07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Case, Cooper, Hastert, Johnson and Scott
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/5/2009 S Placed on General File
HB0009SS001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-line 5 After "design;" insert "providing an exception to qualify large parcels as agricultural land for taxation purposes;"; delete "an".
Page 1-line 6 Delete "date" insert "dates".
Page 1-line 10 After "W.S." insert "18-5-318 and".
Page 1-after line 11 Insert and renumber:
"18-5-318. Large parcels used for agricultural purposes.
If any lot, unit, tract or parcel not less than one hundred forty (140) acres in size is used for agricultural purposes within a platted subdivision and otherwise qualifies as agricultural land for purposes of W.S. 39-13-103(b)(x), the parcel shall be deemed not to be part of a platted subdivision for purposes of W.S. 39-13-103(b)(x)(B)(II).".
Page 7-line 23 Delete "is" insert "and 39-13-103(b)(x)(B)(II) are".
Page 8-after line 14 Insert and renumber:
"39‑13‑103. Imposition.
(b) Basis of tax. The following shall apply:
(x) The following shall apply to agricultural land:
(B) Contiguous or noncontiguous parcels of land under one (1) operation owned or leased shall qualify for classification as agricultural land if the land meets each of the following qualifications:
(II) The land is not part of a platted subdivision, except for a parcel of one hundred forty (140) acres or more which otherwise qualifies as agricultural land;
Section 3. W.S. 18-5-318 as created by section 1 of this act and W.S. 39-13-103(b)(x)(B)(II) as amended by section 2 of this act shall apply to any property tax assessed on or after January 1, 2009.".
Page 8-line 16 Delete, insert and renumber:
"Section 4.
(a) Sections 1 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(b) The remainder of this act is effective July 1, 2009.". CASE, CHAIRMAN
2/9/2009 S Passed CoW
HB0009S2001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 5 In the Senate Standing Committee Amendment (HB0009SS001/AE) to this line, delete "large".
Page 1-after line 11 In the Senate Standing Committee Amendment (HB0009SS001/AE) to this line, in W.S. 18-5-318 created by that amendment, delete "not less than one hundred forty (140) acres" insert "thirty-five (35) acres or more".
Page 8-after line 14 In the Senate Standing Committee Amendment (HB0009SS001/AE) to this line, in W.S. 39-13-103(b)(x)(B)(II) amended by that amendment, delete "one hundred forty (140)" insert "thirty-five (35)". BEBOUT
2/10/2009 S Passed 2nd Reading
2/11/2009 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Cooper, Decaria, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Johnson, Landen, Martin, Massie, Meier, Nicholas, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Coe, Dockstader, Jennings, Larson and Perkins
Ayes 25 Nays 5 Excused 0 Absent 0 Conflicts 0
2/11/2009 H Received for Concurrence
2/12/2009 H Did Not Concur
ROLL CALL
Ayes: Representative(s) Brechtel, Davison, Miller and Shepperson.
Nays: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Madden, McKim, McOmie, Mercer, Meyer, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Lubnau
Ayes 4 Nays 55 Excused 1 Absent 0 Conflicts 0
2/12/2009 S Appointed JCC01 Members
Senator(s) Case, Hastert, Schiffer
2/13/2009 H Appointed JCC01 Members
Representative(s) Brown, Brechtel, Stubson
2/19/2009 H Adopted HB0009JC01
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Gingery and Mercer
Ayes 58 Nays 2 Excused 0 Absent 0 Conflicts 0
2/19/2009 H Adopts HB0009JC01 and Recedes from Nonconcurrence
HB0009JC01/AA ADOPTED (TO ENGROSSED COPY)
Pursuant to Joint Rule 2-4, the House recedes from its non-concurrence and adopts the following Senate amendments:
HB0009S2001/AE
HB0009SS001/AE
BROWN, BRECHTEL, STUBSON, CASE, HASTERT, SCHIFFER
2/19/2009 Assigned Number HEA No. 0023
2/20/2009 H Speaker Signed HEA No. 0023
2/23/2009 S President Signed HEA No. 0023
2/26/2009 Governor Signed HEA No. 0023
2/27/2009 Assigned Chapter Number
Chapter No. 0058 Session Laws of Wyoming 2009.