Homestead exemption-county option.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0623

HOUSE BILL
NO.
HB0277

Homestead exemption-county option.

Sponsored by:
Representative(s) Anderson, R., Davison and Roscoe and Senator(s) Cooper and Dockstader

A BILL

for

AN ACT relating to
taxation and revenue; providing for an optional county homestead exemption as specified; providing applicability;
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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13
‑
109(d) by creating a new paragraph (ii) is amended to read:

39
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13
‑
109.

Taxpayer remedies.

(d)

Credits. The following shall apply:

(ii)

The following shall apply to the optional county homestead exemption:

(A)

Not later than June 1 of each year, the department shall certify to each county in this state whether or not
a statewide h
omeowner's tax credit or homestead exemption will be funded under this subsection for that year. If there is not a statewide homeowner's tax credit or homestead exemption
funded
for
any
year, t
he board of county commissioners of each county may promulgate rules and regulations necessary to
authorize and
administer
a homestead exemption in compliance with
the provisions of this paragraph
for that year
including guidelines for a taxpayer to demonstrate qualification
under subparagraph (B
) of this section.
All rules, regulations, guidelines, forms and other program information shall be submitted to the department prior to
August
1 of the year the
optional county homestead exemption
is implemented in the county. The board of county commissioners may implement the
homestead exemption
unless disapproved in writing by the department within
twenty (20
) days of submission. If at least ten (10) residents of a county who are qualified under subparagraph (
B
) of this paragraph submit a petition to the board of county commissioners, the board of county commissioners shall hold a hearing within thirty (30) days on the issue of whether to promulgate rules to enable the qualified residents of the county to participate in the
county homestead exemption
authorized under this paragraph;

(B)

The county shall ensure that each applicant for a homestead exemption under this subsection
:

(I)

Is
currently domiciled in
Wyoming
and has been domiciled in
Wyoming
for at least the immediately preceding three (3) years;

(II)

At the time of claiming the exemption is the owner of the dwelling and it is his primary residence; and

(III)

H
as not claimed a homestead exemption in any other state or in any other county in
Wyoming
for that calendar year.

(C)

The county treasurer shall collect from

the property owner the amount of the tax due less any tax

exemption under this paragraph. On or before September 1

of each year, county assessors shall certify the exemptions

granted pursuant to th
is paragraph to the department. Nothing in this paragraph shall be construed to effect any mill levy assessed under W.S. 39
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13
‑
104(a)(iv) or any other mill levy assessed for school finance purposes
, or to reduce the property taxes distributed or remitted to any school district or the state pursuant to W.S. 39
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13
‑
104(a)(iv
)
;

(D)

The
maximum homestead exemption
that may be allowed by the board of county commissioners of a county
under
this paragraph is four thousand four hundred dollars

($4,400.00)
of assessed value for property

if the dwelling has been occupied by the applicant since the beginning of the calendar year
;

(E)

As used in this paragraph:

(I)

"Applicant" means:

(
1)

A person who occupies

and owns a homestead either solely or jointly with his

spouse;

(2)

A person who occupies a

homestead as a vendee in possession under a contract of

sale;

(3)

A person who occupies a

homestead owned by a corporation primarily formed for the

purpose of farming or ranching if the person is a

shareholder or is related to a shareholder of the

corporation; or

(4)

A person who occupies a

homestead owned by a partnership primarily formed for the

purpose of farming or ranching if the person is a partner

or is related to a partner in the partnership.

(II)

"Dwelling" means a house, trailer

house, mobile home, transportable home or other dwelling

place.

Section 2
.

This act shall apply to any property tax assessed on or after January 1, 2009.

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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HB0277