Recreation facilities-sales and use tax exemption.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0606.E1

HOUSE BILL
NO.
HB0322

Recreation facilities-sales and use tax exemption.

Sponsored by:
Representative(s) Simpson and Senator(s) Larson

A BILL

for

AN ACT relating to sales and use tax; providing an exemption from sales and use taxes for the purchase of certain equipment used in the construction, upgrade or retrofit of major recreational facilities as specified;
providing a sunset; 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
‑
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 more than two
hundred thousand
dollars ($200,000.00) in a calendar year of equipment
and materials
used to construct, upgrade or retrofit major recreational facilities. The exemption under this subparagraph shall
not apply to tools and other equipment used in the construction of a major recreational facility, contracted services required in the construction project or routine maintenance expenditures associated with the facility. The exemption under this subparagraph shall
apply only to that equipment
and materials
or portion of equipment
and materials
which exceeds the two hundred
thousand
dollar ($200,000.00) threshold. For purposes of this subparagraph "major recreational facilities" means property
open to the general public and
used
primarily for
swimming, boating, camping, hiking,
seasonal
sports and viewing or enjoying of historical, archaeological, scenic or scientific sites, but does not include the portion of a facility used solely for lodging or restaurant activities.
This subparagraph is repealed effective July 1, 2011.

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 sale of more than two hundred thousand dollars ($200,000.00) in a calendar year of equipment and materials used to construct, upgrade or retrofit major recreational facilities. The exemption under this subparagraph shall not apply to tools and other equipment used in the construction of a major recreational facility, contracted services required in the construction project or routine maintenance expenditures associated with the facility. The exemption under this subparagraph shall apply only to that equipment and materials or portion of equipment and materials which exceeds the two hundred thousand dollar ($200,000.00) threshold. For purposes of this subparagraph "major recreational facilities" means property open to the general public and used primarily for swimming, boating, camping, hiking,
seasonal
sports and viewing or enjoying of historical, archaeological, scenic or scientific sites, but does not include the portion of a facility used solely for lodging or restaurant activities.
This subparagraph is repealed effective July 1, 2011.

Section 2.
The department of revenue shall report on or before September 1, 2009 to the governor and the joint revenue interim committee on the total fiscal impact of the exemptions granted by W.S. 39
‑
15
‑
105(a)(viii)(S) and 39
‑
16
‑
105(a)(viii)(H). The report shall include any recommendations for statutory changes.

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)

1
HB0322