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HB0181 • 2020

Attorney general authority in bankruptcy actions.

AN ACT relating to the administration of government; authorizing the attorney general to act jointly with or on behalf of a county in bankruptcy proceedings; and providing for an effective date.

Energy Land Taxes
Enacted

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

Sponsor
Coal/Mineral Bankruptcies
Last action
2020-03-09
Official status
enrolled
Effective date
3/9/2020

Plain English Breakdown

The official bill text does not specify details about cost sharing agreements or general handling of legal matters by the Attorney General outside of tax collection issues in bankruptcy cases.

Attorney General's Role in Bankruptcy Cases

This law allows the Attorney General to assist a county in bankruptcy proceedings when requested by the board of county commissioners and deemed advisable.

What This Bill Does

  • Authorizes the Attorney General to consult with or act jointly with the county attorney, or act on behalf of the county, in a bankruptcy proceeding where the county has an interest in collecting taxes from the entity seeking bankruptcy.

Who It Names or Affects

  • The Attorney General
  • Counties that have tax collection issues with entities filing for bankruptcy
  • Entities seeking bankruptcy who owe taxes to the county

Terms To Know

Bankruptcy proceeding
A legal process where a person or business asks a court to help manage their debts.
Board of County Commissioners
The group that runs the county and makes decisions for it.

Limits and Unknowns

  • Does not specify how costs will be shared between the state and the county.
  • Only applies when a county asks the Attorney General to help with tax collection issues in bankruptcy cases.

Bills Worth Reading With This One

These pairings are meant to flag bills from the same session that may have a bigger real-world effect when you read them together.

SF0139

HB0181 and SF0139 both address aspects of tax lien enforcement in the context of coal and mineral bankruptcies, with HB0181 focusing on attorney general authority in bankruptcy proceedings while SF0139 amends provisions for perfection and notice requirements of tax liens.

High confidence Needs review

Possible combined effect: HB0181 authorizes the Attorney General to act jointly or on behalf of a county in bankruptcy proceedings related to tax collection, while SF0139 clarifies and strengthens enforcement mechanisms for tax liens on mineral production. Together, these bills create a more robust framework for handling tax lien issues during bankruptcy.

Why this got flagged:
  • Both bills address different but complementary aspects of tax lien enforcement during bankruptcy proceedings involving coal and mineral interests. Reviewing them together provides a comprehensive understanding of the legislative intent to strengthen county authority in such cases.
  • authorizing the Attorney General to act jointly or on behalf of a county in bankruptcy proceedings where the county has an interest in collecting taxes
  • amends provisions related to perfection and notice requirements of tax liens on mineral production, specifying that liens are automatically perfected upon production and requiring notice for foreclosure

Bill History

  1. 2020-03-09 LSO

    Assigned Chapter Number 23

  2. 2020-03-09 Governor

    Governor Signed HEA No. 0018

  3. 2020-03-05 Senate

    S President Signed HEA No. 0018

  4. 2020-03-05 House

    H Speaker Signed HEA No. 0018

  5. 2020-03-04 LSO

    Assigned Number HEA No. 0018

  6. 2020-03-04 Senate

    S 3rd Reading:Passed 26-4-0-0-0

  7. 2020-03-03 Senate

    S 2nd Reading:Passed

  8. 2020-03-02 Senate

    S COW:Passed

  9. 2020-02-28 Senate

    S Placed on General File

  10. 2020-02-28 Senate

    S01 - Judiciary:Recommend Do Pass 5-0-0-0-0

  11. 2020-02-26 Senate

    S Introduced and Referred to S01 - Judiciary

  12. 2020-02-24 Senate

    S Received for Introduction

  13. 2020-02-24 House

    H 3rd Reading:Passed 58-0-2-0-0

  14. 2020-02-21 House

    H 2nd Reading:Passed

  15. 2020-02-20 House

    H COW:Passed

  16. 2020-02-18 House

    H Placed on General File

  17. 2020-02-18 House

    H09 - Minerals:Recommend Do Pass 9-0-0-0-0

  18. 2020-02-12 House

    H Introduced and Referred to H09 - Minerals 60-0-0-0-0

  19. 2020-02-12 House

    H Received for Introduction

  20. 2020-02-11 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0386
Bill No.:

HB0181

Effective:

Immediately

LSO No.:

20LSO-0386

Enrolled Act No.:

HEA No. 0018

Chapter No.:

23

Prime Sponsor:

Select Committee on Coal/Mineral Bankruptcies

Catch Title:

Attorney general authority in bankruptcy actions.

Subject:

Attorney general authority in bankruptcy actions.

Summary/Major Elements:

The act would authorize the Attorney General, at the request of a board of county commissioners, to consult with or act jointly with the county attorney, or to act on behalf of the county, in a bankruptcy proceeding where the county has an interest in collecting taxes from the entity seeking bankruptcy.
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-0386

ORIGINAL House

Bill No
.
HB0181

ENROLLED ACT NO. 18,

HOUSE OF REPRESENTATIVES

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

AN ACT relating to the administration of government; authorizing the attorney general to act jointly with or on behalf of a county in bankruptcy proceedings; and providing for an effective date.

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

Section 1.

W.S. 9
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1
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603 by creating a new subsection (f) is amended to read:

9
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1
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603.

Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials; coordination of county and school safety activities; bankruptcy proceedings.

(f)

Notwithstanding W.S. 18
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3
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302(a)(i) or subsection (c) of this section, at the request of the board of county commissioners and if deemed advisable by the attorney general, the attorney general may consult with or act jointly with the county attorney or may act on behalf of the county in a bankruptcy proceeding where the county has an interest in collecting taxes from the entity seeking bankruptcy. The costs of the bankruptcy proceeding shall be allocated pursuant to an agreement between the state and the county.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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

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