Tax Lien Enforcement for Mineral Production
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Bill Summary - 20LSO-0598 Bill No.: SF0139 Effective: 7/1/2020 12:00:00 AM LSO No.: 20LSO-0598 Enrolled Act No.: SEA No. 0060 Chapter No.: 141 Prime Sponsor: Select Committee on Coal/Mineral Bankruptcies Catch Title: Tax lien enforcement-2. Subject: Tax liens on mineral production. Summary/Major Elements: The act amends provisions related to the perfection of county tax liens on mineral production and clarifies that liens on mineral production occurring on or after January 1, 2021 are automatically perfected upon the production of the mineral. The act also amends provisions related to the notice required related to county tax liens on mineral production and specifies that notice of intent to foreclose is required to foreclose a lien pursuant to a tax sale for mineral production on or after January 1, 2021. The act specifies the superiority of liens on mineral production on or after January 1, 2021 and provides that the lien is not enforceable on a new owner if the new owner certifies that at the time of transfer all taxes were current or the applicable taxing authorities had released, settled or agreed to payment terms regarding the taxes. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Public statements
Last checked Aug 11, 6:33 PM
S26
Why they voted this way
The lawmaker supports the amendment because it removes overly restrictive language that would prevent properties with unpaid taxes from ever returning to production. The change allows counties to negotiate agreements regarding back taxes versus future revenue potential.
Why they voted this way
The lawmaker supports the second amendment because he was concerned that making state liens paramount over all existing contracts might violate constitutional protections against impairing contract obligations. The amendment ensures prior security interests remain superior until they are modified or released.
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The amendment modifies the tax lien enforcement process for mineral production by adding new provisions and altering existing ones to ensure that liens on mineral production after January 1, 2021, are automatically perfected upon production.
The amendment adds a provision that protects new owners or extractors of minerals from prior tax liens if they provide proof of certification from the relevant tax authority showing that all taxes were up-to-date at the time of sale or transfer.
The amendment adds a new condition to when tax liens can be enforced by inserting an exception for any superior liens that existed before January 1, 2021.