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HB0047 • 2020

Local sales and use taxes.

AN ACT relating to taxation and revenue; authorizing an election on the question of permanently imposing a portion of the local general purpose sales and use taxes; decreasing the number of local entities required to approve provisions related to specified local sales and use taxes; increasing the amount of time between elections for specified local sales and use taxes; authorizing the implementation of an optional municipal sales and use taxes as specified; providing procedures; amending related provisions; specifying applicability; and providing for an effective date.

Elections Taxes
Enacted

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

Sponsor
Revenue
Last action
2020-03-13
Official status
enrolled
Effective date
7/1/2021

Plain English Breakdown

The official summary does not provide detailed information on municipal sales tax proposals, which limits our ability to include such claims in the explanation.

Local Sales and Use Taxes

This act changes rules for local sales and use taxes, reducing approval requirements and increasing election intervals.

What This Bill Does

  • Reduces the number of local entities needed to approve a proposition on optional sales and use taxes from two-thirds to one-half of the municipalities within a county.
  • Allows a county, with permission from half of its municipalities, to hold an election for making a specific local sales tax permanent.
  • Increases the time between elections on certain local sales and use taxes from two years to four years.

Who It Names or Affects

  • Counties and municipalities in Wyoming
  • Voters who participate in elections regarding local sales and use taxes

Terms To Know

Excise tax
A tax on specific goods or activities, such as a sales tax.
General election
An election where voters choose representatives and vote on propositions.

Limits and Unknowns

  • The bill does not specify how the new taxes will be used.
  • It is unclear what happens if a proposition to make a tax permanent fails in an election.
  • Details about specific procedures for submitting municipal sales tax proposals are not fully explained.

Amendments

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

HB0047H2001

2nd reading • Representative Hallinan

Failed

Plain English: The amendment removes references to permanent local sales and use taxes and deletes specific sections of the bill.

  • Removes the word 'permanently' from two places in the bill text.
  • Deletes certain introductory phrases related to specific parts of the bill.
  • Eliminates entire paragraphs or sections on pages 4, 5, 19, and 20.
  • The exact impact of these deletions is not fully explained in the amendment text provided.
HB0047H2002

2nd reading • Representative Laursen

Failed

Plain English: The amendment removes specific lines and sections from the bill related to local sales and use taxes.

  • Removes certain lines and sections that were previously added by another amendment (HB0047HS001/A).
  • Modifies language on page 2, line 3, by replacing existing text with new instructions.
  • Deletes entire paragraphs or sections from pages 2 through 8 and pages 17 through 22.
  • The exact impact of these deletions is unclear without the context of what was originally added in HB0047HS001/A.
  • Some changes involve reinserting stricken language, which requires understanding previous amendments to fully grasp the implications.
HB0047H2003

2nd reading • Representative Laursen

Failed

Plain English: The amendment removes specific lines and paragraphs from the bill text related to local sales and use taxes.

  • Removes certain sections of the bill that deal with details about local sales and use tax provisions.
  • Deletes references to particular subparagraphs (B) and (J), replacing them with just subparagraph (B).
  • Eliminates entire paragraphs and lines where specific procedures or requirements for implementing local taxes are described.
  • The exact impact of these deletions on the overall bill is not fully explained in the amendment text.
  • It's unclear what practical changes will result from removing these sections without additional context.
HB0047H2004

2nd reading • Representative Styvar

Adopted

Plain English: The amendment changes the requirement for certain local sales and use tax propositions to be voted on during a general election instead of a separate special election.

  • Modifies the voting process for specific local sales and use taxes so that they must now be approved in a general election rather than a separate special election.
  • The amendment text does not specify which local entities are affected or provide details about how this change will impact existing procedures, making it unclear without additional context.
HB0047JC001

Conference Committee

H Adopted, S Adopted

Plain English: The amendment removes specific Senate amendments from the bill.

  • Removes HB0047S2003/AE, HB0047S3002/AE, and HB0047S3003/AE from the bill.
  • The exact content of the removed Senate amendments is not provided in the amendment text.
  • Without knowing what these specific Senate amendments contain, it's unclear exactly which parts of the original bill are being altered or removed.
HB0047HS001

Standing Committee • House Revenue Committee

Adopted

Plain English: The amendment changes the word 'may' to 'shall' in several places of the bill and removes the word 'in' from specific lines.

  • Changes 'may' to 'shall' at multiple points in the bill, making certain actions mandatory instead of optional.
  • Removes the word 'in' from specified sections.
  • The exact impact and context of these changes are not fully explained by the amendment text alone.
HB0047S2001

2nd reading • Senator Steinmetz

Failed

Plain English: The amendment changes the voting requirement for certain local sales and use taxes from a majority vote to a two-thirds vote in several places within the bill.

  • Changes 'fifty percent (50%)' to 'two-thirds (2/3)' in multiple sections of the bill.
  • Removes entire paragraphs or lines that were previously part of the bill.
  • The amendment text is technical and does not provide clear explanations for why certain changes are being made, making it hard to understand the full impact without additional context.
HB0047S2002

2nd reading • Senator James

Failed

Plain English: The amendment changes the requirements for electors to request an election on local sales and use taxes, increases the number of votes needed to continue these taxes, removes some entities' ability to request elections, and repeals certain provisions.

  • Increases the number of electors required to request an election on specified local sales and use taxes.
  • Removes the ability of local entities to request an election on the taxes.
  • Repeals a provision that allowed a tax to be continued by resolution.
  • The amendment text is extensive, making it difficult to summarize all changes without missing important details. The full impact would require reviewing each specific change in context.
HB0047S2003

2nd reading • Senator Scott

Adopted

Plain English: The amendment changes how local sales and use taxes can be imposed, limiting their duration to four years unless approved for continuation.

  • Changes the language from 'permanently imposing' a tax to allowing it for a specified term.
  • Adds new provisions that require approval by county governing bodies and at least half of incorporated municipalities within the county to continue the tax beyond its initial term.
  • The exact details on how taxes will be imposed initially are not fully explained in this amendment text.
HB0047S2004

2nd reading • Senator Hicks

Withdrawn

Plain English: The amendment removes specific sections and phrases from the bill related to local sales and use taxes, including parts that were previously added by other amendments.

  • Removes language authorizing an election on certain local sales and use taxes.
  • Deletes introductory text for several provisions in the bill.
  • Eliminates entire paragraphs and lines of text from various pages of the original bill.
  • The exact impact of these deletions is unclear without knowing the content that was removed.
  • It's not specified what specific parts of the bill will be affected by these changes beyond the line numbers provided.
HB0047S2005

2nd reading • Senator Hicks

Withdrawn

Plain English: This amendment removes certain provisions from an existing bill and adds new requirements for permanently imposing local sales and use taxes, including a petition process for terminating the tax.

  • Removes specific lines and amendments previously added to the bill by other sponsors.
  • Adds language allowing local sales and use taxes to be imposed permanently instead of temporarily.
  • Requires a petition signed by at least five percent of registered electors to terminate the tax, followed by an election.
  • The exact details of what was removed from the bill are not provided in this amendment text and would need to be referenced from previous amendments.
HB0047S3001

3rd reading • Senator James

Failed

Plain English: The amendment changes the rules for requesting elections on local sales and use taxes by requiring a larger number of electors from each city and town within a county to sign petitions.

  • Removes the ability of local entities to request an election on specified local sales and use taxes.
  • Requires that at least five percent (5%) of electors from each city and town within a county must sign any petition for such elections.
  • The amendment text is extensive, making it difficult to summarize all changes without missing important details. The full impact may require reviewing the entire bill's context.
HB0047S3002

3rd reading • Senator Biteman

Adopted

Plain English: The amendment changes the requirement for approval of certain local sales and use taxes from a majority vote to a two-thirds vote in several places within the bill.

  • Changes 'two-thirds (2/3)' back to where it was previously stricken, replacing 'fifty percent (50%)' with 'two-thirds (2/3)' in multiple sections of the bill.
  • The amendment text is highly technical and involves numerous deletions and insertions that are difficult to summarize without context from the original bill. The exact impact on local sales and use taxes may not be clear without understanding how these changes interact with other parts of the bill.
HB0047S3003

3rd reading • Senator Gierau

Adopted

Plain English: The amendment removes specific sections and language from the bill related to local sales and use taxes.

  • Removes authorization for an election on permanently imposing a portion of local general purpose sales and use taxes.
  • Eliminates provisions that decrease the number of local entities required to approve certain local sales and use tax measures.
  • Deletes sections that increase the time between elections for specified local sales and use taxes.
  • Strikes out parts allowing optional municipal sales and use taxes.
  • The amendment text does not provide details on what will replace the deleted sections, making it unclear how these changes will affect the overall bill's intent.
HB0047SS001

Standing Committee • Senate Revenue Committee

Failed

Plain English: The amendment removes references to 'general election' in certain sections of the bill.

  • Removes the phrase 'in a general' from specific lines in the bill.
  • Deletes the word 'election.' where it appears.
  • The exact impact and context of these changes are not fully explained by the amendment text alone.

Bill History

  1. 2020-03-13 LSO

    Assigned Chapter Number 110

  2. 2020-03-13 Governor

    Governor Signed HEA No. 0070

  3. 2020-03-11 Senate

    S President Signed HEA No. 0070

  4. 2020-03-11 House

    H Speaker Signed HEA No. 0070

  5. 2020-03-10 LSO

    Assigned Number HEA No. 0070

  6. 2020-03-05 Senate

    S Appointed JCC01 Members

  7. 2020-03-05 House

    H Appointed JCC01 Members

  8. 2020-03-05 House

    H Appointed JCC01 Members

  9. 2020-03-05 House

    H Concur:Failed 12-48-0-0-0

  10. 2020-03-04 House

    H Received for Concurrence

  11. 2020-03-04 Senate

    S 3rd Reading:Passed 20-8-2-0-0

  12. 2020-03-03 Senate

    S 2nd Reading:Passed

  13. 2020-03-02 Senate

    S COW:Passed

  14. 2020-02-28 Senate

    S Placed on General File

  15. 2020-02-28 Senate

    S03 - Revenue:Recommend Amend and Do Pass 3-2-0-0-0

  16. 2020-02-26 Senate

    S Introduced and Referred to S03 - Revenue

  17. 2020-02-19 Senate

    S Received for Introduction

  18. 2020-02-18 House

    H 3rd Reading:Passed 44-15-1-0-0

  19. 2020-02-17 House

    H 2nd Reading:Passed

  20. 2020-02-14 House

    H 2nd Reading:Laid Back

  21. 2020-02-13 House

    H COW:Passed

  22. 2020-02-12 House

    H Placed on General File

  23. 2020-02-12 House

    H03 - Revenue:Recommend Amend and Do Pass 6-3-0-0-0

  24. 2020-02-11 House

    H Introduced and Referred to H03 - Revenue 42-17-1-0-0

  25. 2020-02-07 House

    H Received for Introduction

  26. 2020-01-13 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0084
Bill No.:

HB0047

Effective:

1/1/2021 12:00:00 AM

LSO No.:

20LSO-0084

Enrolled Act No.:

HEA No. 0070

Chapter No.:

110

Prime Sponsor:

Joint Revenue Interim Committee

Catch Title:

Local sales and use taxes.

Subject:

Local sales and use taxes.

Summary/Major Elements:

The act reduces the number of local entities that are required to approve the submission of a proposition on local optional sales and use taxes to the voters from two-thirds (2/3) of the municipalities within the county to one-half (1/2) of the municipalities within the county.

The act also authorizes a county, with the consent of fifty percent (50%) of the municipalities within the county, to submit a proposition to the voters to make the local optional sales and use tax for general purposes, commonly known as the 5
th
penny tax, permanent.

The act authorizes a municipality to submit a proposition to the voters for a sales and use tax within the municipality of up to one percent (1%) for general revenue or for a specific purpose. The municipal tax is only authorized if a county has imposed both a general purpose and specific purpose excise tax or if the county authorizes the tax by a resolution.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
20LSO-0084

ORIGINAL House

Bill No
.
HB0047

ENROLLED ACT NO. 70,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to taxation and revenue; authorizing an election on the question of permanently imposing a portion of the local general purpose sales and use taxes; decreasing the number of local entities required to approve provisions related to specified local sales and use taxes; increasing the amount of time between elections for specified local sales and use taxes; authorizing the implementation of an optional municipal sales and use taxes as specified; providing procedures; amending related provisions; specifying applicability; 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)(i)(B), (C), (F)(intro), (ii)(C), (iii)(A), (v)(B), (C) and by creating a new paragraph (vi), 39
‑
15
‑
204(a)(intro) and by creating a new paragraph (vii), 39
‑
15
‑
211 by creating a new subsection (d), 39
‑
16
‑
203(a)(i)(B), (C), (F)(intro), (ii)(A), (iv)(B), (C) and by creating a new paragraph (v), 39
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16
‑
204(a)(intro) and by creating a new paragraph (vi) and 39
‑
16
‑
211 by creating a new subsection (d) are amended to read:

39
‑
15
‑
203.

Imposition.

(a)

Taxable event. The following shall apply:

(i)

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

(B)

The proposition to impose an excise tax shall be at the expense of the county and be submitted to the electors of the county upon the receipt by the board of
county commissioners of a petition requesting the election signed by at least five percent (5%) of the electors of the county or of a resolution approving the proposition from the governing body of the county and the governing bodies of at least
two
‑
thirds (2/3)
fifty percent (50%)
of the incorporated municipalities within the county. If proposed by petition by electors, the number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the board of county commissioners;

(C)

The proposition may be submitted at an election held on a date authorized under W.S. 22
‑
21
‑
103. A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held, and the notice shall specify the object of the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election the ballots shall contain the words "for the county sales and use tax" and "against the county sales and use tax". If a portion of the proceeds from the tax will be used for economic development as provided by W.S. 39
‑
15
‑
211(a)(i), the ballot shall contain the words "a portion (or specific percentage) of the tax proceeds shall be used for economic development" in a clear and appropriate manner. If the proposition is approved the same proposition shall be submitted at subsequent general elections as provided in this subparagraph until the proposition is defeated. If the tax proposed is approved after July 1, 1989, the same proposition shall be submitted at every other subsequent general election until the proposition is defeated. However in those counties where the tax is not in effect, the county commissioners with the concurrence of the governing
bodies of
two
‑
thirds (2/3)
fifty percent (50%)
of the municipalities may establish the initial term of the tax at
two (2)
four (4)
years.
If the term of the tax is limited to two (2) years,
T
he term of the tax shall be stated in the proposition submitted to the voters. If
a proposition establishing the term of the tax at four (4) years is
approved, the proposition shall be submitted at the
next general election and at every other subsequent
second
general election
following the election at which the proposition was initially approved and at the general election held every four (4) years
thereafter until the proposition is defeated;

(F)

In lieu of the requirements of subparagraph (C) of this paragraph providing for the submission of the proposition at subsequent elections, the tax authorized under W.S. 39
‑
15
‑
204(a)(i) may be continued
by an election or by a resolution as provided in this subparagraph. For the tax to be continued by an election, the county commissioners, with the concurrence of the governing bodies of fifty percent (50%) of the municipalities, shall submit a proposition to the voters establishing the term of the tax as permanent. The proposition under this subparagraph shall be submitted in the same manner as a proposition to impose the tax under subparagraph (C) of this paragraph provided that the proposition shall be submitted as a separate question at the same election with a proposition to impose or continue the tax under subparagraph (C) of this paragraph. The tax may be continued by resolution,
subject to the following terms and conditions:

(ii)

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

(C)

The proposition to impose an excise tax shall be at the expense of the county and be submitted to the electors of the county upon the receipt by the board of county commissioners of a petition requesting the election signed by at least five percent (5%) of the electors of the county or of a resolution approving the proposition from the governing body of the county and the governing bodies of at least
two
‑
thirds (2/3)
fifty percent (50%)
of the incorporated municipalities within the county. If proposed by petition by electors, the number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the board of county commissioners;

(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)
fifty percent (50%)
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 excess funds shall be expended;

(v)

The following provisions apply to imposition of the excise tax under W.S. 39
‑
15
‑
204(a)(vi) the purpose of which is economic development:

(B)

The proposition to impose an excise tax shall be at the expense of the county and be submitted to the electors of the county upon the receipt by the board of county commissioners of a petition requesting the election signed by at least five percent (5%) of the electors of the county or of a resolution approving the proposition from the governing body of the county and the governing bodies of at least
two
‑
thirds (2/3)
fifty percent (50%)
of the incorporated municipalities within the county. If proposed by petition by electors, the number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the board of county commissioners;

(C)

The proposition may be submitted at an election held on a date authorized under W.S. 22
‑
21
‑
103. A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held, and the notice shall specify the object of the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election the ballots shall contain the words "for the county sales and use tax for economic development" and "against the county sales and use tax for economic development". If the tax proposed is approved, the same proposition shall be submitted at every other subsequent general election until the proposition is defeated. However, the county commissioners with the concurrence of the governing bodies of
two
‑
thirds (2/3)
fifty percent (50%)
of the municipalities may establish the initial term of the tax at
two (2)
four (4)
years.
If the term of the tax is limited to two (2) years ,
T
he term of the tax shall be stated in the proposition submitted to the voters. If
a proposition establishing the term of the tax
at four (4) years is
approved, the proposition shall be submitted at the
next general election and at every other subsequent
second
general election
following the election at which the proposition was initially approved and at the general election held every four (4) years
thereafter until the proposition is defeated;

(vi)

The following provisions apply to imposition of the municipal tax under W.S. 39
‑
15
‑
204(a)(vii):

(A)

The tax authorized by W.S. 39
‑
15
‑
204(a)(vii) shall be in addition to and not in lieu of any tax imposed by a county under W.S. 39
‑
15
‑
204(a)(i), (iii) or (vi) if those taxes are imposed;

(B)

If a county has imposed at least one percent (1%) of the tax under W.S. 39
‑
15
‑
204(a)(i) and has voted to initially approve or continue a tax under W.S. 39
‑
15
‑
204(a)(iii), or if the board of county commissioners has adopted a resolution by the county under subparagraph (J) of this paragraph, a city or town within the county where the tax was imposed may propose an excise tax as provided in this paragraph. Except for a tax authorized under subparagraph (J) of this paragraph, the tax shall not be proposed until at least ninety (90) days following the approval or continuation of a tax under W.S. 39
‑
15
‑
204(a)(iii). The amount of the tax proposed under this subparagraph shall not exceed the amount of tax that the city or town collects during the same time period pursuant to the tax imposed under W.S. 39
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15
‑
204(a)(iii). The tax imposed under this paragraph shall terminate not more than ninety (90) days following the termination of the tax imposed under W.S. 39
‑
15
‑
204(a)(iii) or as provided in subparagraph (J) of this paragraph;

(C)

Revenue from the tax shall be used for general purposes or for a specific purpose in a specified amount as specified in the proposition to impose the tax. A city or town may impose a portion of the tax for separate purposes provided that the purposes are voted on separately, each proposition specifies the purpose of the tax and the total amount of the tax does not exceed the full amount authorized in W.S. 39
‑
15
‑
204(a)(vii) and subparagraph (B) of this paragraph;

(D)

No tax shall be imposed under this paragraph until a specific proposition to impose the tax is approved by a vote of the majority of the qualified electors voting on the specific proposition in a general election. The purpose of the tax and the maximum estimated amount of revenue to be collected shall be specified in the proposition. The election shall be held in accordance with W.S. 22
‑
21
‑
101 through 22
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21
‑
112. Any excise tax imposed under this paragraph shall commence as provided by W.S. 39
‑
15
‑
207(c) following the election approving the imposition of the tax;

(E)

A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held, and the notice shall specify the proposition that will be considered at the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election for each proposition, the ballots shall contain the words "for the municipal sales and use tax" and "against the municipal sales and use tax". The ballot shall describe the purposes of the tax in a clear and appropriate manner;

(F)

If the proposition to impose or continue the tax is defeated the proposition shall not again be submitted to the electors of the city or town for at least eleven (11) months. If the proposition is defeated at any general election following initial adoption of the proposition the tax is repealed and shall not be collected following June 30 of the year immediately following the year in which the proposition is defeated except:

(I)

If the proposition was for less than the full amount authorized in W.S. 39—15
‑
204(a)(vii), this subparagraph shall not prohibit a separate proposition for the remaining authorized amount of the tax as provided in subparagraphs (B) and (C) of this paragraph;

(II)

If the proposition was to increase the amount of the tax originally adopted by the electors or to impose a tax for a different purpose, subject to the maximum allowable tax, the defeat of the proposition shall not repeal the proposition originally adopted by the electors.

(G)

If the proposition is approved by the qualified electors, the city or town council shall adopt an ordinance for the tax authorized by W.S. 39
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15
‑
204(a)(vii) consistent with the approved proposition. The ordinance shall include the following:

(I)

A provision imposing sales tax upon retail sales of tangible personal property, admissions and services made within the city or town, whichever is appropriate;

(II)

Provisions identical to those contained in article 1 of this chapter except for W.S.
39
‑
15
‑
102(a), insofar as it relates to sales taxes, except the name of the city or town as the taxing agency shall be substituted for that of the state and an additional license to engage in business shall not be required if the vendor has been issued a state license pursuant to law;

(III)

A provision that any amendments made to article 1 of this chapter or to chapter 16 of this title that are not in conflict with article 1 of this chapter or to chapter 16 of this title shall automatically become a part of the sales tax ordinances of the city or town;

(IV)

A provision that the city or town shall contract with the department prior to the effective date of the sales tax ordinances whereby the department shall perform all functions incident to the administration of the sales tax ordinances of the city or town;

(V)

A provision that the amount subject to the sales tax shall not include the amount of any sales tax imposed by the state of Wyoming.

(H)

Subject to subparagraphs (B) and (J) of this paragraph, if the tax is imposed for a specific purpose and in a specified amount the tax shall terminate when the amount specified in the proposition approved by the electors is collected. A city or town may agree to terminate the tax if the tax collected reaches the actual cost of the completed projects and the amount specified in the proposition exceeds the actual cost of the completed projects. A city or town shall inform the department that a tax is terminated;

(J)

If a county has not imposed taxes under W.S. 39
‑
15
‑
204(a)(i) and 39
‑
15
‑
204(a)(iii) as provided in subparagraph (B) of this paragraph, the board of county commissioners may adopt a resolution to authorize cities and towns within the county to propose a municipal tax under this paragraph. The resolution shall establish the maximum taxation rate in increments of one
‑
quarter of one percent (.25%) not to exceed a rate of one percent (1%). The proposition by a city or town for a municipal tax authorized under this subparagraph shall specify that the municipal tax shall terminate after two (2) years.

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
taxes
authorized by
paragraph (ii)
paragraphs (ii) and (vii)
of this subsection and any resort district may impose the tax authorized by paragraph (v) of this subsection:

(vii)

An excise tax at a rate in increments of one
‑
quarter of one percent (.25%) not to exceed a rate of one percent (1%) upon retail sales of tangible personal property, admissions and services made within the city or town, the purpose of which is for general revenue or for a specific purpose and in a specified amount as provided in the proposition to impose the tax.

39
‑
15
‑
211.

Distribution.

(d)

For all revenue collected by the department from the taxes imposed by W.S. 39
‑
15
‑
204(a)(vii) the department shall:

(i)

Deduct one percent (1%) to defray the costs of collecting the tax and administrative expenses incident thereto which shall be deposited into the general fund;

(ii)

Deposit the remainder into an account for monthly distribution to the city or town in which the tax has been imposed which shall only be used by the city or town for costs related to the purposes approved in the proposition to impose the tax.

39
‑
16
‑
203.

Imposition.

(a)

Taxable event. The following shall apply:

(i)

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

(B)

The proposition to impose an excise tax shall be at the expense of the county and be submitted to the electors of the county upon the receipt by the board of county commissioners of a petition requesting the election signed by at least five percent (5%) of the electors of the county or of a resolution approving the proposition from the governing body of the county and the governing bodies of at least
two
‑
thirds (2/3)
fifty percent (50%)
of the incorporated municipalities within the county. If proposed by petition by electors, the number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the board of county commissioners;

(C)

The proposition may be submitted at an election held on a date authorized under W.S. 22
‑
21
‑
103. A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held, and the notice shall specify the object of the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election the ballots shall contain the words "for the county sales and use tax" and "against the county sales and use tax". If a portion of the proceeds from the tax will be used for economic development as provided by W.S. 39
‑
16
‑
211(a)(i), the ballot shall contain the words "a portion (or specific percentage) of the proceeds will be used for economic development" in a clear and appropriate manner. If the proposition is approved the same proposition shall be submitted at subsequent general elections as provided in this subparagraph until the proposition is defeated. If the tax proposed is approved after July 1, 1989, the same proposition shall be submitted at every other subsequent general election until the proposition is defeated. However in those counties where the tax is not in effect, the county commissioners with the concurrence of the governing bodies of
two
‑
thirds (2/3)
fifty percent (50%)
of the municipalities may establish the initial term of the tax at
two (2)
four (4)
years.
If the term of the tax is limited to two (2) years,
T
he term of the tax shall be stated in the proposition submitted to the voters. If
a proposition establishing the term of the tax at four (4) years is
approved, the proposition shall be submitted at the
next general election and at every other subsequent

second
general election
following the election at which the proposition was initially approved and at the general election held every four (4) years
thereafter until the proposition is defeated;

(F)

In lieu of the requirements of subparagraph (C) of this paragraph providing for the submission of the proposition at subsequent elections, the tax authorized under W.S. 39
‑
16
‑
204(a)(i) may be continued
by an election or by a resolution as provided in this subparagraph. For the tax to be continued by an election, the county commissioners, with the concurrence of the governing bodies of fifty percent (50%) of the municipalities, shall submit a proposition to the voters establishing the term of the tax as permanent. The proposition under this subparagraph shall be submitted in the same manner as a proposition to impose the tax under subparagraph (C) of this paragraph provided that the proposition shall be submitted as a separate question at the same election with a proposition to impose or continue the tax under subparagraph (C) of this paragraph. The tax may be continued by resolution,
subject to the following terms and conditions:

(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)
fifty percent (50%)
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 excess funds shall be expended;

(iv)

The following provisions apply to imposition of the excise tax under W.S. 39
‑
16
‑
204(a)(v) the purpose of which is economic development:

(B)

The proposition to impose an excise tax shall be at the expense of the county and be submitted to the electors of the county upon the receipt by the board of county commissioners of a petition requesting the election signed by at least five percent (5%) of the electors of the county or of a resolution approving the proposition from the governing body of the county and the governing bodies of at least
two
‑
thirds (2/3)
fifty percent (50%)
of the incorporated municipalities within the county. If proposed by petition by electors, the number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the board of county commissioners;

(C)

The proposition may be submitted at an election held on a date authorized under W.S. 22
‑
21
‑
103. A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held, and the notice shall specify the object of the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election the ballots shall contain the words "for the county sales and use tax for economic development" and "against the county sales and use tax for economic development". If the tax proposed is approved the same proposition shall be submitted at every other subsequent general election until the proposition is defeated. However, the county commissioners with the concurrence of the governing bodies of
two
‑
thirds (2/3)
fifty percent (50%)
of the municipalities may establish the
initial term of the tax at
two (2)
four (4)
years.
If the term of the tax is limited to two (2) years,
T
he term of the tax shall be stated in the proposition submitted to the voters. If
a proposition establishing the term of the tax at four (4) years is
approved, the proposition shall be submitted at the
next general election and at every other subsequent
second
general election
following the election at which the proposition was initially approved and at the general election held every four (4) years
thereafter until the proposition is defeated;

(v)

The following provisions apply to imposition of the municipal tax under W.S. 39
‑
16
‑
204(a)(vi):

(A)

The tax authorized by W.S. 39
‑
16
‑
204(a)(vi) shall be in addition to and not in lieu of any tax imposed by a county under W.S. 39
‑
16
‑
204(a)(i), (ii) or (v) if those taxes are imposed;

(B)

If a county has imposed at least one percent (1%) of the tax under W.S. 39
‑
16
‑
204(a)(i) and has voted to initially approve or continue a tax under W.S. 39
‑
16
‑
204(a)(ii), or if the county has adopted a resolution by the county under subparagraph (J) of this paragraph, a city or town within the county where the tax was imposed may propose an excise tax as provided in this paragraph. Except for a tax authorized under subparagraph (J) of this paragraph, the tax shall not be proposed until at least ninety (90) days following the approval or continuation of a tax under W.S. 39
‑
16
‑
204(a)(ii). The amount of the tax proposed under this subparagraph shall not exceed the amount of tax that the city or town collects during the same time period pursuant to the tax imposed under W.S. 39
‑
16
‑
204(a)(ii). The tax imposed under this paragraph shall terminate not more than ninety (90) days following
the termination of the tax imposed under W.S. 39
‑
16
‑
204(a)(ii) or as provided in subparagraph (J) of this paragraph;

(C)

Revenue from the tax shall be used for general purposes or for a specific purpose in a specified amount as specified in the proposition to impose the tax. A city or town may impose a portion of the tax for separate purposes provided that the purposes are voted on separately, each proposition specifies the purpose of the tax and the total amount of the tax does not exceed the full amount authorized in W.S. 39
‑
16
‑
204(a)(vi) and subparagraph (B) of this paragraph;

(D)

No tax shall be imposed under this paragraph until a specific proposition to impose the tax is approved by a vote of the majority of the qualified electors voting on the specific proposition in a general election. The purpose of the tax and the maximum estimated amount of revenue to be collected shall be specified in the proposition. The election shall be held in accordance with W.S. 22
‑
21
‑
101 through 22
‑
21
‑
112. Any excise tax imposed under this paragraph shall commence as provided by W.S. 39
‑
16
‑
207(c) following the election approving the imposition of the tax;

(E)

A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held, and the notice shall specify the proposition that will be considered at the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election for each proposition, the ballots shall contain the words "for the municipal sales and use tax" and "against the municipal
sales and use tax". The ballot shall describe the purposes of the tax in a clear and appropriate manner;

(F)

If the proposition to impose or continue the tax is defeated the proposition shall not again be submitted to the electors of the city or town for at least eleven (11) months. If the proposition is defeated at any general election following initial adoption of the proposition the tax is repealed and shall not be collected following June 30 of the year immediately following the year in which the proposition is defeated except:

(I)

If the proposition was for less than the full amount authorized in W.S. 39—16
‑
204(a)(vi), this subparagraph shall not prohibit a separate proposition for the remaining authorized amount of the tax as provided in subparagraphs (B) and (C) of this paragraph;

(II)

If the proposition was to increase the amount of the tax originally adopted by the electors or to impose a tax for a different purpose, subject to the maximum allowable tax amount, the defeat of the proposition shall not repeal the proposition originally adopted by the electors.

(G)

If the proposition is approved by the qualified electors, the city or town council shall adopt an ordinance for the tax authorized by W.S. 39
‑
16
‑
204(a)(vi) consistent with the approved proposition. The ordinance shall include the following:

(I)

A provision imposing a use tax upon sales and storage, use and consumption of tangible personal property made within the city or town, whichever is appropriate;

(II)

Provisions identical to those contained in article 1 of this chapter, insofar as it relates to use taxes, except the name of the city or town as the taxing agency shall be substituted for that of the state and an additional license to engage in business shall not be required if the vendor has been issued a state license pursuant to law;

(III)

A provision that any amendments made to article 1 of this chapter or to chapter 15 of this title not in conflict with article 1 of this chapter or to chapter 15 of this title shall automatically become a part of the use tax ordinances of the city or town;

(IV)

A provision that the city or town shall contract with the department prior to the effective date of the use tax ordinances whereby the department shall perform all functions incident to the administration of the use tax ordinances of the city or town;

(V)

A provision that the amount subject to the use tax shall not include the amount of any use tax imposed by the state of Wyoming.

(H)

Subject to subparagraphs (B) and (J) of this paragraph, if the tax is imposed for a specific purpose and in a specified amount the tax shall terminate when the amount specified in the proposition approved by the electors is collected. A city or town may agree to terminate the tax if the tax collected reaches the actual cost of the completed projects and the amount specified in the proposition exceeds the actual cost of the completed projects. A city or town shall inform the department that a tax is terminated;

(J)

If a county has not imposed taxes under W.S. 39
‑
16
‑
204(a)(i) and 39
‑
16
‑
204(a)(ii) as provided in subparagraph (B) of this paragraph,, the board of county commissioners may adopt a resolution to authorize cities and towns within the county to propose a municipal tax under this paragraph. The resolution shall establish the maximum taxation rate in increments of one
‑
quarter of one percent (.25%) not to exceed a rate of one percent (1%). The proposition by a city or town for a municipal tax authorized under this subparagraph shall specify that the municipal tax shall terminate after two (2) years.

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
, any city or town may impose the tax authorized by paragraph (vi) of this subsection
and any resort district may impose the tax authorized by paragraph (iv) of this subsection:

(vi)

An excise tax at a rate in increments of one
‑
quarter of one percent (.25%) not to exceed a rate of one percent (1%) upon sales and storage, use and consumption of tangible personal property made within the city or town, the purpose of which is for general revenue or for a specific purpose in a specified amount as specified in the proposition to impose the tax.

39
‑
16
‑
211.

Distribution.

(d)

For all revenue collected by the department from the taxes imposed by W.S. 39
‑
16
‑
204(a)(vi) the department shall:

(i)

Deduct one percent (1%) to defray the costs of collecting the tax and administrative expenses incident thereto which shall be deposited into the general fund;

(ii)

Deposit the remainder into an account for monthly distribution to the city or town in which the tax has been imposed which shall only be used by the city or town for costs related to the purposes approved in the proposition to impose the tax.

Section 2
.

This act is effective January 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1