Homestead exemption-county option.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0512

HOUSE BILL
NO.
HB0220

Homestead exemption-county option.

Sponsored by:
Representative(s) Roscoe

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
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109.

Taxpayer remedies.

(d)

Credits. The following shall apply:

(ii)

The following shall apply to the optional county homestead exemption:

(A)

Not later than
April
1 of each year, the department shall certify to each county in this state whether or not a statewide homeowner'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, the 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
paragraph
. All rules, regulations, guidelines, forms and other program information shall be submitted to the
state board of equalization
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
out of funds budgeted by the board pursuant to the authorized mill levy under W.S. 39
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104(b)(i) for that purpose
unless disapproved in writing by the
state board of equalization
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)

Has 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 this paragraph to the department. Nothing in this paragraph shall be construed to
a
ffect any mill levy assessed under W.S. 39
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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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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 sh
all apply to any property tax
assessed on or
after January 1, 2011.

Section 3.
This act
is effective immediately upon
completion of all acts neces
sary for a bill to become law
as provided by Articl
e 4, Section 8 of the Wyoming
Constitution.

(END)

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HB0220