H.B. No. 0137

Private transfer fee obligations.

 

Sponsored By:     Representative(s) Shepperson and Brown and Senator(s) Perkins

 

AN ACT relating to real property; prohibiting the creation of private transfer fee obligations; requiring disclosure and recording of existing private transfer fee obligations; providing penalties; and providing for an effective date.

 

1/13/2011      Bill Number Assigned

1/14/2011      H Received for Introduction

1/14/2011      H Introduced and Referred to H07

1/24/2011      H07 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Blikre, Byrd, Illoway, Jaggi, Kroeker, Patton, Roscoe, Shepperson and Stubson

Ayes 9    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/24/2011      H Placed on General File

 

HB0137HS001/ADOPTED

Page 1-line 2           Delete "certain" insert "disclosure and recording of".

Page 1-line 3                 Delete the line through "to".

Page 5-lines 2 through 9      Delete entirely.

Page 5-line 11                Delete "(J)" insert "(H)".

Page 8-line 2                 After "obligation" insert "that is of record".

Page 9-line 15          Delete "Notice requirements for" insert "Recording of".

Page 9-line 16          After "obligations" insert "; jurisdiction; affidavit of payment".

Page 9-line 19          After "record" delete "," and insert "the document evidencing the obligation in the office of the clerk for each county in which the real property is located"; delete "July" insert "December".

Page 9-line 20          After "2011" delete balance of the line and insert ".".

Page 9-lines 21 through 24    Delete entirely and insert:

"(b)  No court in the state of Wyoming shall have jurisdiction to enforce a private transfer fee obligation which is not recorded as provided in subsection (a) of this section.

(c)  Filing of an affidavit by a grantor with the clerk for each county in which the real property is located stating that payment in full of any private transfer fee obligation was sent by certified mail to the payee at the address listed in the document recorded under subsection (a) of this section is prima facie evidence of satisfaction of the obligation.".

Page 10-lines 2 through 23    Delete entirely.

Page 11-lines 1 through 23    Delete entirely.

Page 12-lines 1 through 23    Delete entirely.

Page 13-lines 1 through 24    Delete entirely.

Page 14-lines 1 through 23    Delete entirely.

Page 15-lines 1 and 2   Delete entirely.  ILLOWAY, CHAIRMAN

 

1/25/2011      H Passed CoW

 

HB0137H2001/FAILED

Page 5–lines 2 through 9      Delete entirely including the standing committee amendment (HB0137HS001/A) to these lines and insert:

"(H)  Any fee, charge, assessment dues, contribution or other amount imposed by a declaration or covenant encumbering an improvement and payable to a county, municipality or improvement and service district for a public purpose that has a nexus to the improvement that is subject to the declaration or covenant;". 

Page 5-line 11          Delete the standing committee amendment (HB0137HS001/A) to this line.  GINGERY

 

1/26/2011      H Passed 2nd Reading

1/27/2011      H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown, Buchanan, Burkhart, Byrd, Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Esquibel, K., Freeman, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas, B., Patton, Pederson, Petersen, Petroff, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays:  Representative(s) Brechtel, Campbell, Gay, Gingery and Peasley

Excused:  Representative(s) Goggles

Ayes 54    Nays 5    Excused 1    Absent 0    Conflicts 0

 

1/28/2011      S Received for Introduction

1/28/2011      S Introduced and Referred to S07

2/17/2011      S07 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Johnson, Martin and Scott

Nays:  Senator(s) Case and Hines

Ayes 3    Nays 2    Excused 0    Absent 0    Conflicts 0

 

2/17/2011      S Placed on General File; Did Not Consider in CoW