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23LSO-0521
2023
STATE OF WYOMING
23LSO-0521
Numbered
2.0
HOUSE BILL NO. HB0088
Foreign ownership of agricultural land-prohibited.
Sponsored by: Representative(s) Banks, Allemand, Haroldson and Pendergraft and Senator(s) French, Laursen, D and Salazar
A BILL
for
AN ACT relating to property; restricting foreign ownership of agricultural land in Wyoming as specified; defining terms; requiring registration as specified; authorizing enforcement of ownership restrictions as specified; providing a civil penalty; requiring the inclusion of notices of foreign ownership in assessment schedules and tax statements; specifying applicability; requiring rulemaking; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 34
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104 is created to read:
34
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104.
Restriction on foreign ownership of agricultural land; registration; penalty; enforcement.
(a)
As used in this section:
(i)
"Agricultural land" means any land that is located outside the exterior boundaries of any incorporated city or town that is used principally for farming or ranching or for:
(A)
The cultivation of the soil for production of crops;
(B)
The production of timber products or grasses for forage;
(C)
The rearing, feeding, grazing or management of livestock;
(D)
A farmstead structure; or
(E)
Any other agricultural purpose.
(ii)
"Foreign business" means a corporation incorporated under the laws of a foreign government or a business entity, whether or not incorporated, in which a majority interest is owned or controlled directly or indirectly by foreign persons or by a foreign government. Legal entities including trusts, holding companies, multiple corporations or other entities with other business arrangements shall not affect the determination of ownership or control of a foreign business;
(iii)
"Foreign government" means a government other than:
(A)
The government of the United States or its states, localities, territories or possessions;
(B)
The government of any federally or state recognized Indian tribe or band.
(iv)
"Foreign person" means a person who is not either:
(A)
A citizen of the United States; or
(B)
A person lawfully admitted into the United States for permanent residence by the United States immigration and naturalization service, including a person whose lawful permanent resident status is conditional.
(b)
No foreign government, foreign business or foreign person, or any agent, trustee or fiduciary thereof, shall purchase or otherwise acquire agricultural land in Wyoming. A foreign government, foreign business or foreign person, or any agent, trustee or fiduciary thereof, that owns or holds agricultural land in Wyoming on July 1, 2023 may continue to own or hold the agricultural land but shall not sell or otherwise dispose of the agricultural land to another foreign government, foreign business or foreign person.
(c)
A foreign business, foreign government or foreign person, or any agent, trustee or fiduciary thereof, that owns an interest in agricultural land in Wyoming in accordance with subsection (b) of this section on or after July 1, 2023 shall register the ownership of the agricultural land with the secretary of state. The registration shall be in a form and manner prescribed by the secretary of state and shall contain the name of the owner, the location of the agricultural land, the number of acres of the agricultural land by county and, if the owner is an agent, trustee or fiduciary of a foreign business, foreign government or foreign person, the name of any principal for whom that agricultural land was purchased or acquired. The registration shall be made not later than sixty (60) days after July 1, 2023 and shall be updated annually on or before March 31 of each year.
(d)
A foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, who fails to register or timely register agricultural land as required by subsection (c) of this section shall be liable for a civil penalty of five thousand dollars ($5,000.00) for each day that the foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, is not in compliance with subsection (c) of this section.
(e)
Each county clerk shall report to the secretary of state if a foreign entity, foreign government or foreign person, or any agent, trustee or fiduciary thereof, purchases or acquires agricultural land in the county in violation of this section or if the clerk suspects that agricultural land was purchased or acquired in the county by a foreign entity, foreign government or foreign person.
(f)
The secretary of state shall report any violation of this section to the attorney general if the secretary of state finds that a foreign business, foreign government or a foreign person, or any agent, trustee or fiduciary thereof, has acquired or holds title to or an interest in agricultural land in Wyoming in violation of this section or has failed to register as required by this section. The attorney general may take any action necessary to enforce the provisions of this section, including initiating an action in the district court of any county in which the agricultural land is located.
Section 2.
W.S. 39
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103(b)(viii) and 39
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107(b)(i)(C) are amended to read:
39
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103.
Imposition.
(b)
Basis of tax.
The following shall apply:
(viii)
Every assessment schedule sent to a taxpayer shall contain the property's estimated fair market value for the current and previous year, or, productive value in the case of agricultural property. The schedule shall also contain the assessment ratio as provided by paragraph (b)(iii) of this section for the taxable property, the amount of taxes assessed on the taxable property from the previous year, and an estimate of the taxes which will be due and payable for the current year based on the previous year's mill levies.
The schedule shall also contain information stating that foreign ownership of agricultural land in Wyoming is prohibited and describing the requirement to register foreign ownership of agricultural land with the secretary of state as provided by W.S. 34
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104.
The schedule shall contain a statement of the process to contest assessments as prescribed by W.S. 39
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109(b)(i);
39
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107.
Compliance; collection procedures.
(b)
The following provisions shall apply to the payment of taxes, distraint of property and deferral:
(i)
The following shall apply to the payment of taxes due:
(C)
Annually, on or before October 10 the county treasurer shall send a written statement to each taxpayer by mail at his last known address or, if offered by the county and upon request of the taxpayer, by electronic transmission of the total tax due, itemized as to property description, assessed value and mill levies. The notice shall contain information, including contact information, of any property tax relief program authorized by state law.
The notice shall contain information stating that foreign ownership of agricultural land in Wyoming is prohibited and describing the requirement to register foreign ownership of agricultural land with the secretary of state as provided by W.S. 34
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104.
Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due;
Section 3
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Except as provided in W.S. 34
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104(b), as created by section 1 of this act, nothing in this act shall be construed to divest, extinguish or sever any interest in or claim to agricultural land in Wyoming.
Section 4.
The secretary of state shall promulgate all rules necessary to implement the provisions of this act.
Section 5.
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)
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HB0088