SF0009 • 2013

Private transfer fees.

AN ACT relating to real property; clarifying provisions defining private transfer fee; making permanent the private transfer fee prohibition; and providing for an effective date.

Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Judiciary
Last action: 2013-03-14
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0009SW001

Committee of the Whole • SCHIFFER

Adopted

Plain English: Adopted Committee of the Whole by SCHIFFER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0009SS001

Standing Committee • SCHIFFER

Adopted

Plain English: Adopted Standing Committee by SCHIFFER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2013-03-14 LSO
Assigned Chapter Number
2013-03-13 Governor
Governor Signed SEA No. 0056
2013-02-25 House
H Speaker Signed SEA No. 0056
2013-02-25 Senate
S President Signed SEA No. 0056
2013-02-22 LSO
Assigned Number SEA0056
2013-02-22 House
H Passed 3rd Reading
2013-02-21 House
H Passed 2nd Reading
2013-02-20 House
H Passed CoW
2013-02-12 House
H Placed on General File
2013-02-12 House
H01 Recommended Do Pass
2013-01-24 House
H Introduced and Referred to H01
2013-01-22 House
H Received for Introduction
2013-01-21 Senate
S Passed 3rd Reading
2013-01-18 Senate
S Passed 2nd Reading
2013-01-17 Senate
S Passed CoW
2013-01-17 Senate
Amendment Adopted
2013-01-17 Senate
Amendment Adopted
2013-01-17 Senate
S Amendments Adopted
2013-01-14 Senate
S Placed on General File
2013-01-14 Senate
S01 Recommended Amend and Do Pass
2013-01-08 Senate
S Introduced and Referred to S01
2013-01-08 Senate
S Received for Introduction
2012-11-30 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0009
Drafter:

LNS

LSO No.:
13LSO-0067
Effective Date:

7/1/2013

Enrolled Act No.:
SEA0056

Chapter No.:
CH0137

Prime Sponsor:
Joint Judiciary Interim Committee

Catch Title:
Private transfer fees.

Subject:
Prohibition of private transfer fees.

Summary/Major
Elements:

A
private transfer fee, very generally, is a fee that is charged each time land is
sold, but is not a payment for the land itself.

Currently,
private transfer fees are not enforceable. However, the prohibition on
enforceability ends July 1, 2014.

This
act makes the prohibition on private transfer fees permanent.

This
act also clarifies that the prohibition on private transfer fees does not
affect transfers of mineral rights.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0009

ENROLLED ACT NO. 56, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
real property; clarifying provi
sion
s
defining private transfer fee; making permanent the
private transfer fee prohibition;
specifying that the transfer of mineral rights, interests and obligations and surface rights appurtenant to severed mineral rights, interests and obligations are exempt from private transfer fee provisions;
and providing for an effective date.

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

Section 1.

W.S. 34
‑
28
‑
101(a)(ii)
(A) and
(B)
,
34
‑
28
‑
102

and 34
‑
28
‑
103 by creating a new subsection (d)
are amended to read:

34
‑
28
‑
101.

Definitions.

(a)

As used in this chapter:

(ii)

"Private transfer fee" means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept the transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price or other consideration given for the transfer. "Private transfer fee" shall not include the following:

(
A)

A
ny consideration payable by the grantee to the grantor for the interest,
in real property being transferred,

including any subsequent additional consideration
for the property

payable
by the grantee based upon any subsequent appreciation, development
, lease
or sale of
a

the
separate mineral estate and its appurtenant surface access rights;

(B)

Any
consideration payable by the grantee to the grantor for the interest
in real property, other than a mineral estate and its appurtenant surface access rights,

being transferred, including any subsequent additional consideration for the property payable
to

by
the grantee based upon any subsequent appreciation, development or sale of the property, provided the additional consideration is payable on a one (1) time basis only and the obligation to make the payment does not bind successors in title to the property;

34
‑
28
‑
102.

Prohibition.

A private transfer fee obligation recorded or entered into in this state on or after April 1, 2012
and before July 1, 2014

does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser or mortgagee of any interest in real property as an equitable servitude or otherwise.

34
‑
28
‑
103.

Recording of existing private transfer fee obligations; jurisdictions; affidavit of payment
; exemption of mineral rights
.

(d)

Nothing in this chapter shall apply to:

(i)

A
transfer of mineral rights, interests and obligations;

(ii)

T
he transfer of any surface right appurtenant to a mineral right, interest or obligation which has been severed from the surface estate.

Section 2.

Th
is act is effective July 1, 2013
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1