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H.B. No. 0025 |
Private transfer fee obligations. |
Sponsored By: Representative(s) Stubson, Brown, Greear, Greene and Illoway and Senator(s) Bebout and Scott
AN ACT relating to real property; prohibiting the creation of private transfer fee obligations as specified; specifying requirements for effective private transfer fee obligations; providing definitions; and providing for an effective date.
1/17/2012 Bill Number Assigned
2/13/2012 H Received for Introduction
2/14/2012 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Campbell, Childers, Davison, Edmonds, Eklund, Esquibel, K., Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Reeder, Semlek, Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Barbuto, Berger, Blake, Byrd, Cannady, Connolly, Craft, Freeman, Gay, Gingery, Goggles, Nicholas, B., Petroff and Roscoe
Ayes 46 Nays 14 Excused 0 Absent 0 Conflicts 0
2/15/2012 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Barbuto, Brechtel, Brown, Cannady, Greene, Krone, Nicholas, B. and Throne
Nays: Representative(s) Peasley
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
2/15/2012 H Placed on General File
HB0025HS001/ADOPTED (CORRECTED COPY)
Page 5-After line 2 Insert:
"(J) Any fee, charge, assessment, contribution or other amount imposed by the holder of a recorded conservation easement that is designated to compensate the holder for the cost of ensuring compliance with the terms of the easement. The fee, charge, assessment, contribution or other amount may be determined by reference to the value, purchase price or other consideration given for the transfer of the real property.".
Page 6-line 22 Delete "July 1, 2012" insert "immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". BROWN, CHAIRMAN
2/16/2012 H Passed CoW
HB0025H2001/ADOPTED
Page 1-line 2 After ";" insert "specifying requirements for effective private transfer fee obligations;".
Page 6-line 5 After "shall" delete balance of the line and insert "meet the following requirements and contain:
(i) A clearly identified disclosure of the existence and amount of the private transfer fee obligation;
(ii) A description of the type and nature of the private transfer fee obligation;
(iii) A description of the type and nature of any penalty which may be incurred as a result of failure to pay the private transfer fee obligation;
(iv) A legal description of the real property; and
(v) The name and address of the payee. A notice filed under this subsection shall be amended upon change of the name or address of the payee.".
Page 6-line 6 Delete entirely. GREEAR
2/17/2012 H Passed 2nd Reading
HB0001H3001/WITHDRAWN
2/20/2012 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Goggles, Greear, Greene, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas, B., Patton, Pedersen, Petersen, Petroff, Quarberg, Reeder, Semlek, Steward, Stubson, Teeters, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Gingery and Roscoe
Excused: Representative(s) Peasley and Vranish
Absent: Representative(s) Harshman
Ayes 55 Nays 2 Excused 2 Absent 1 Conflicts 0
2/21/2012 S Received for Introduction
2/21/2012 S Introduced and Referred to S01
2/24/2012 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Christensen, Esquibel, F., Hicks and Perkins
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/24/2012 S Placed on General File
HB0025SS001/ADOPTED (TO ENGROSSED COPY)
Page 4-line 18 Before "pursuant" insert "or to a nonprofit land trust".
Page 4-line 19 After "association" insert "or nonprofit land trust".
Page 6-line 12 After "2012" insert "or an obligation under W.S. 34‑28‑101(a)(ii)(G)". PERKINS, CHAIRMAN
HB0025SW001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 9 Delete "such" insert "the".
Page 2-line 21 Delete "such" insert "the".
Page 2-line 23 Delete "such" insert "the". SCOTT
2/28/2012 S Passed CoW
HB0025S2001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 21 through 24 Delete including the Scott Committee of the Whole Amendment (HB0025SW001/AE) to these lines.
Page 3-line 1 Delete line through "include". BEBOUT
2/29/2012 S Passed 2nd Reading
HB0025S3001/ADOPTED (TO ENGROSSED COPY)
Page 3-After line 2 Insert and renumber:
"(B) Any consideration payable by the grantee to the grantor for the interest in real property, other than a mineral estate and its appurtenant surface access rights, being transferred, including any subsequent additional consideration for the property payable to the grantee based upon any subsequent appreciation, development or sale of the property, provided the additional consideration is payable on a one (1) time basis only and the obligation to make the payment does not bind successors in title to the property.".
Page 3-line 4 Delete "(B)" insert "(C)".
Page 3-line 12 Delete "(C)" insert "(D)".
Page 3-line 22 Delete "(D)" insert "(E)".
Page 4-line 4 Delete "(E)" insert "(F)".
Page 4-line 11 Delete "(F)" insert "(G)".
Page 4-line 15 Delete "(G)" insert "(H)".
Page 4-line 21 Delete "(H)" insert "(J)".
Page 5-line 5 Delete "(J)" insert "(K)".
Page 6-line 12 In the First Standing Committee Amendment (HB0025SS001/AE) to this line delete "(G)" insert "(H)". BEBOUT
HB0025S3002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 1 After "property;" delete balance of the line.
Page 1-line 2 Delete line through "obligations;".
Page 1-line 4 After "definitions;" insert "providing for proof of payment of a private transfer fee obligation;".
Page 5-line 23 through Page 7-line 24 Delete including the First Standing Committee Amendment (HB0025SS001/AE) and the Bebout Third Reading Amendment (HB0025S3001/AE) to these lines and insert and renumber:
"34‑28‑102. Recording of private transfer fee obligation; consequences of failure to record; jurisdiction.
(a) The payee of a private transfer fee obligation shall record a notice of private transfer fee obligation and the document evidencing the obligation in the office of the clerk for each county in which the real property is located. The notice shall contain:
(i) A clearly identified disclosure of the existence and amount of the private transfer fee obligation;
(ii) A description of the type and nature of the private transfer fee obligation;
(iii) A description of the type and nature of any penalty which may be incurred as a result of failure to pay the private transfer fee obligation;
(iv) A legal description of the real property; and
(v) The name and address of the payee. A notice filed under this subsection shall be amended upon change of the name or address of the payee.
(b) Every private transfer fee obligation created before July 1, 2012 shall be void unless the notice and document evidencing the obligation are recorded pursuant to this section before July 1, 2012. Every private transfer fee obligation created on or after July 1, 2012 shall be void unless the notice and document evidencing the obligation are recorded in compliance with this section.
(c) No court in the state of Wyoming shall have jurisdiction to enforce a private transfer fee obligation which is not recorded as provided in subsections (a) and (b) of this section.
34‑28‑103. Proof of payment of private transfer fee obligation.
(a) An affidavit filed with the clerk for each county in which real property subject to a private transfer fee obligation is located shall constitute prima facie evidence of payment of a private transfer fee obligation provided the affidavit:
(i) Is executed by a grantor of the real property subject to a private transfer fee obligation; and
(ii) States that payment in full of the private transfer fee obligation was sent by certified mail to the payee at the address in the notice of private transfer fee obligation recorded under W.S. 34‑28‑102(a).". PERKINS
3/1/2012 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Bebout, Burns, Christensen, Coe, Cooper, Emerich, Esquibel, F., Hastert, Hicks, Jennings, Johnson, Landen, Martin, Meier, Nutting, Perkins, Ross, Scott and Von Flatern
Nays: Senator(s) Anderson, Barnard, Case, Dockstader, Driskill, Geis, Hines, Nicholas, P., Peterson, Rothfuss and Schiffer
Ayes 19 Nays 11 Excused 0 Absent 0 Conflicts 0
3/1/2012 H Received for Concurrence
3/2/2012 H Did Not Concur
ROLL CALL
Nays: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Eklund, Esquibel, K., Freeman, Gay, Gingery, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Moniz, Patton, Peasley, Pedersen, Petersen, Petroff, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Edmonds, Goggles, Miller and Nicholas, B.
Ayes 0 Nays 56 Excused 4 Absent 0 Conflicts 0
3/2/2012 H Appointed JCC01 Members
Representative(s) Stubson, Brown, Roscoe
3/5/2012 S Appointed JCC01 Members
Senator(s) Bebout, Perkins, Scott
3/6/2012 H Adopted HB0025JC01
ROLL CALL
Ayes: Representative(s) Barbuto, Berger, Blikre, Bonner, Botten, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Davison, Edmonds, Eklund, Esquibel, K., Gay, Gingery, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Moniz, Nicholas, B., Patton, Pedersen, Petersen, Petroff, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Peasley
Excused: Representative(s) Blake, Brechtel, Craft, Freeman, Goggles, Miller and Vranish
Ayes 52 Nays 1 Excused 7 Absent 0 Conflicts 0
3/7/2012 S Adopted HB0025JC01
ROLL CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Case
Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0
HB0025JC01/AA ADOPTED (TO ENGROSSED COPY)
Adopt the following Senate amendments:
HB0025S2001/AE
HB0025S3001/AE
HB0025SS001/AE
HB0025SW001/AE
Delete the following Senate amendments:
HB0025S3002/AE
Further amend the ENGROSSED COPY as follows:
Page 1-line 2 After "obligations" insert "as specified".
Page 6-line 2 After "2012" insert "and before July 1, 2014".
Page 7-line 14 Delete "provided in" insert "required by". STUBSON, BROWN, ROSCOE, BEBOUT, PERKINS, SCOTT
3/7/2012 Assigned Number HEA No. 0043
3/8/2012 H Speaker Signed HEA No. 0043
3/8/2012 S President Signed HEA No. 0043
3/15/2012 Governor Signed HEA No. 0043
3/16/2012 Assigned Chapter Number
Chapter No. 0088 Session Laws of Wyoming 2012