Industrial facilities.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0168

HOUSE BILL
NO.
HB0170

Industrial facilities.

Sponsored by:
Joint Minerals, Business and Economic Development Interim Committee

A BILL

for

AN ACT relating to taxation and revenue; creating a sales and use tax exemption for industrial facilities for the state's share of the tax; providing for annual reports; providing for a sunset; and providing for an effective date.

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

Section 1.

W.S. 39
‑
15
‑
105(a)(viii) by creating a new subparagraph (S) and 39
‑
16
‑
105(a)(viii) by creating a new subparagraph (H) are amended to read:

39
‑
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:

(S)

The sale of equipment used to construct upgrades or retrofits to existing industrial facilities to protect the environment and to meet applicable environmental standards. The exemption provided by this subparagraph shall be limited to the acquisition of equipment used in an upgrade or retrofit project to make it operational. The exemption shall not apply to tools and other equipment used in construction of an upgrade or retrofit project, contracted services required for construction, or routine maintenance activities. This exemption shall only apply to the state's share of the statewide sales tax imposed under W.S. 39
‑
15
‑
104(a) and (b) as computed by multiplying the tax rates in W.S. 39
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15
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104(a) and (b) by the portion directed to the state general fund under W.S. 39
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15
‑
111(b)(i) as modified by W.S. 39
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15
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111(g). This exemption shall not apply to any excise taxes imposed under W.S. 39
‑
15
‑
204(a). This subparagraph is repealed effective June 30, 2015.

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:

(H)

The purchase of equipment used to construct upgrades or retrofits to existing industrial facilities to protect the environment and to meet applicable environmental standards. The exemption provided by this subparagraph shall be limited to the acquisition of equipment used in an upgrade or retrofit project to make it operational. The exemption shall not apply to tools and other equipment used in construction of an upgrade or retrofit project, contracted services required for construction, or routine maintenance activities. This exemption shall only apply to the state's share of the statewide use tax imposed under W.S. 39
‑
16
‑
104(a) and (b) as computed by multiplying the tax rates in W.S. 39
‑
16
‑
104(a) and (b) by the portion directed to the state general fund under W.S. 39
‑
16
‑
111(b)(i) as modified by W.S. 39
‑
16
‑
111(g). This exemption shall not apply to any excise taxes imposed under W.S. 39
‑
16
‑
204(a). This subparagraph is repealed effective June 30, 2015.

Section 2.

(a)

On or before November 1 of each year the exemption provided by this act is in effect, the Wyoming business council, the department of revenue and the public service commission shall jointly report to the joint minerals, business and economic development interim committee. The report shall evaluate the cumulative effects of the exemption from initiation of the exemption and shall include:

(i)

A history of employment in industrial facilities in terms of numbers o
f employees, full-time and part-time employees and rate of turnover;

(ii)

A history of wages and benefits disaggregated by gender for each job category;

(iii)

A history of taxes paid or owed to the state of
Wyoming
by companies owning industrial facilities; and

(iv)

A review by the public service commission of the impact of the exemption on existing retail public utility rates in the state and an estimate of possible impacts reasonably expected in the future.

(b)

Public utilities serving in the state shall provide such information as the public service commission may require to assist it in making the report provided for in subsection (a) of this section.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0170