Excess tax collections.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0281.E1

HOUSE BILL
NO.
HB0204

Excess tax collections.

Sponsored by:
Representative(s) Miller,
Anderson
, R., Cohee and Gingery

A BILL

for

AN ACT relating to
taxation and revenue; providing for the treatment of
excess revenue from a
n excise
tax for a speci
fic purpose
as specified
;
and providing for an effective date.

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

Section 1
.

W.S. 39
‑
15
‑
203(a)(iii)(
A
),
39
‑
15
‑
204(a)(iii)
,
39
‑
15
‑
211(b)(iv),
39
‑
16
‑
203(a)(ii)(
A
)
,
39
‑
16
‑
204(a)(ii)
and 39
‑
16
‑
211(b)(iv)
are amended to read:

39
‑
15
‑
203.

Imposition.

(a)

Taxable event. The following shall apply:

(iii)

The following provisions apply to imposition of the specific purpose excise tax under W.S. 39
‑
15
‑
204(a)(iii):

(A)

Before any proposition to impose the tax or incur the debt shall be placed before the electors, the governing body of a county and the governing bodies of at least two
-
thirds (2/3) of the incorporated municipalities within the county shall adopt a resolution approving the proposition, setting forth a procedure for qualification of a ballot question for placement on the ballot and specifying
ho
w
that any

excess funds shall
only

be expended
in accordance with W.S. 39
‑
15
‑
211(b)(iv)
;

39
‑
15
‑
204.

Taxation rate.

(a)

In addition to the state tax imposed under W.S. 39
‑
15
‑
101 through 39
‑
15
‑
111 any county of the state may impose the following excise taxes and any city or town may impose the tax authorized by paragraph (ii) of this subsection and any resort district may impose the tax authorized by paragraph (v) of this subsection:

(iii)

An excise tax not to exceed two percent (2%) upon retail sales of tangible personal property, admissions and services made within the county. The total excise tax imposed within any county under this paragraph shall not exceed two percent (2%). The revenue from the tax shall be used in a specified amount for specific purposes authorized by the qualified electors
or as specified in W.S. 39
‑
15
‑
2
11
(
b
)(i
v
)
. Specific purposes shall not include ordinary operations of local government except those operations related to a specific project

or excess amounts as specified in and expended in accordance with W.S. 39
‑
15
‑
211(b)(iv)
;

39
‑
15
‑
211.

Distribution.

(b)

All revenue collected by the department from the taxes imposed by W.S. 39
‑
15
‑
204(a)(iii) shall be transferred to the state treasurer who shall:

(iv)

If taxes collected exceed the
amount
necessary

authorized

for
the approved purpose

as specified in the resolution
, the excess funds shall be retained by the county treasurer for one (1) year for refund of overpayments of the tax imposed pursuant to this act upon order of the department. After one (1) year any interest earned on the excess funds and the excess funds less any refunds ordered shall be

held by the county treasurer in an interest bearing account and shall be expended only for a subsequent specific purpose project approved by the voters as provided in W.S. 39
‑
15
‑
203(a)(iii) in the five (5) year period immediately following the completion of the specific purpose project. If funds and accrued interest earned in the account are not spent on a subsequently approved specific purpose project within the five (5) year period, the funds and accrued interest shall be

transferred to the
general fund of the
county or municipality as specified in the resolution adopted pursuant to W.S. 39
‑
15
‑
203(a)(iii)(A).

Excess funds collected on the propositions approved prior to January 1, 1989, and any interest earned shall be retained by the county treasurer for use in any purposes approved by the electors in accordance with procedures set forth in this section and for refunds of overpayment of taxes imposed pursuant to this act upon the order of the department, except that, with the approval of the governing bodies adopting the initial resolution, the excess funds and any interest earned may be used for the needs of the project for which the tax was approved.

39
‑
16
‑
203.

Imposition.

(a)

Taxable event. The following shall apply:

(ii)

The following provisions apply to imposition of the specific purpose excise tax under W.S. 39
‑
16
‑
204(a)(ii):

(A)

Before any proposition to impose the tax or incur the debt shall be placed before the electors, the governing body of a county and the governing bodies of at least two
-
thirds (2/3) of the incorporated municipalities within the county shall adopt a resolution approving the proposition, setting forth a procedure for qualification of a ballot question for placement on the ballot and specifying
how

that any

excess funds shall
only

be expended
in accordance with W.S. 39
‑
16
‑
211(b)(iv)
;

39
‑
16
‑
204.

Taxation rate.

(a)

In addition to the state tax imposed under W.S. 39
‑
16
‑
101 through 39
‑
16
‑
111 any county of the state may impose the following excise taxes and any resort district may impose the tax authorized by paragraph (iv) of this subsection:

(ii)

An excise tax not to exceed two percent (2%) upon sales and storage, use and consumption of tangible personal property, within the county. The total excise tax imposed within any county under this paragraph shall not exceed two percent (2%). The revenue from the tax shall be used in a specified amount for specific purposes authorized by the qualified electors
or as specified in W.S. 39
‑
16
‑
2
11
(
b
)(i
v
)
. Specific purposes shall not include ordinary operations of local government except those operations related to a specific project

or excess amounts as specified in and expended in accordance with W.S. 39
‑
16
‑
211(b)(iv)
;

39
‑
16
‑
211.

Distribution.

(b)

All revenue collected by the department from the taxes imposed by W.S. 39
‑
16
‑
204(a)(ii) shall be transferred to the state treasurer who shall:

(iv)

If taxes collected exceed the amount
necessary

authorized
for the approved purpose

as specified in the resolution
, the excess funds shall be retained by the county treasurer for one (1) year for refund of overpayments of the tax imposed pursuant to this act upon order of the department. After one (1) year any interest earned on the excess funds and the excess funds less any refunds ordered shall be

held by the county treasurer in an interest bearing account and shall be expended only for a subsequent specific purpose project approved by the voters as provided in W.S. 39
‑
16
‑
203(a)(iii) in the five (5) year period immediately following the completion of the specific purpose project. If funds and accrued interest earned in the account are not spent on a subsequently approved specific purpose project within the five (5) year period, the funds and accrued interest shall be

transferred to the
general fund of the
county or municipality as specified in the resolution adopted pursuant to W.S. 39
‑
16
‑
203(a)(ii)(A).

Excess funds collected on the propositions approved prior to January 1, 1989, and any interest earned shall be retained by the county treasurer for use in any purposes approved by the electors in accordance with procedures set forth in this section and for refunds of overpayment of taxes imposed pursuant to this act upon the order of the department, except that, with the approval of the governing bodies adopting the initial resolution, the excess funds and any interest earned may be used for the needs of the project for which the tax was approved.

Section 2.

This act is effective July 1, 2009
.

(END)

1
HB0204