Utilities-sales tax exemption.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0276

HOUSE BILL
NO.
HB0219

Utilities-sales tax exemption.

Sponsored by:
Representative(s) Reese, Goggles, Hinckley, McOmie, Robinson, Warren and Zwonitzer and Senator(s) Boggs, Hanes and Sessions

A BILL

for

AN ACT relating to taxation and revenue; providing for a sales and use tax exemption on the sale of public utilities as specified; providing an appropriation; requiring a report; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 39
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15
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103(a)(i)(E), 39
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15
‑
105(a)(viii) by creating a new subparagraph (P) and 39
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16
‑
105(a)(viii) by creating a new subparagraph (E) are amended to read:

39
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15
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103.

Imposition.

(a)

Taxable event. The following shall apply:

(i)

Except as provided by W.S. 39
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15
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105, there is levied an excise tax upon:

(E)

The sales price paid to public utilities as defined in W.S. 37
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1
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101 through 37
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3
‑
114 and to persons furnishing gas, electricity or heat for
domestic,
industrial or commercial consumption;

39
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15
‑
105.

Exemptions.

(a)

The following sales or leases are exempt from the excise tax imposed by this article:

(viii)

For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:

(P)

For the period beginning July 1, 2005 and ending June 30, 2007, t
he sale of gas, electricity or heat for domestic consumption from public utilities as defined in W.S. 37
‑
1
‑
101 through 37
‑
3
‑
114 and from persons furnishing gas, electricity or heat for domestic consumption.

39
‑
16
‑
105.

Exemptions.

(a)

The following purchases or leases are exempt from the excise tax imposed by this article:

(viii)

For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:

(E)

For the period beginning July 1, 2005 and ending June 30, 2007, t
he sale of gas, electricity or heat for domestic consumption from public utilities as defined in W.S. 37
‑
1
‑
101 through 37
‑
3
‑
114 and from persons furnishing gas, electricity or heat for domestic consumption.

Section 2.
For the period beginning July 1, 2005 and ending June 30, 2007, there is appropriated to the department of revenue from the general fund fourteen million dollars ($14,000,000.00), or as much thereof as is necessary, for the purpose of maintaining revenues to local governments that otherwise would be distributed to local governments under W.S. 39
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15
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111 and 39
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16
‑
111 but for the sales and use tax exemptions provided under this act. The department of revenue is authorized to distribute monthly to local governments funds appropriated under this section based upon historical data on distributions made to local governments from sales and use tax revenues from utilities as provided by W.S. 39
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15
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105(a)(viii)(P) and 39
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16
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105(a)(viii)(E). Appropriations under this section shall not be expended for any purpose other than as stated in this section, and unobligated funds shall revert to the budget reserve account on June 30, 2007.

Section 3.
The department of revenue shall report to the governor and the joint revenue interim committee on the total fiscal impact of the exemption granted by this act on or before September 1, 2007. The report shall include any recommendations for statutory changes.

Section 4.
This act is effective July 1, 2005.

(END)

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HB0219