Wyoming 2025 Regular Session

Wyoming House Bill HB0068 Latest Draft

Bill / Introduced Version Filed 12/20/2024

                            2025
STATE OF WYOMING
25LSO-00251HB0068
HOUSE BILL NO. HB0068
Tax increment financing.
Sponsored by: Joint Corporations, Elections & Political 
Subdivisions Interim Committee
A BILL
for
1 AN ACT relating to the Wyoming Urban Renewal Code; 
2 expanding the application of the code to include the 
3 provision of affordable housing; providing findings and 
4 definitions; making conforming changes; and providing for 
5 effective dates.
6
7
8
9W.S. 15-9-102 by creating a new subsection 
10 (d), 15-9-103(a)(iii), (xvii), (xix)(intro) and by creating 
11 a new paragraph (xx), 15-9-104(a)(intro), 15-9-105(a)(i), 
12 (iii) and (b)(i), 15-9-106(a)(i) and (ii), 15-9-107, 
13 15-9-110(a)(iv) and (b)(i)(A) through (D), 15-9-114(a), 
14 15-9-115(a)(iii), 15-9-116(a)(ii)(intro) and (b) and 
15 15-9-120(a)(i) are amended to read: 2025STATE OF WYOMING25LSO-00252HB0068
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 (a)  As used in this chapter, unless a different 
18 meaning is clearly indicated by the context:
19
20 (iii)  "Blighted area" means an area which by 
21 reason of the presence of 
22
23 a substantial number of  2025STATE OF WYOMING25LSO-00253HB0068
1 slums, deteriorated or deteriorating structures, 
2 predominance of defective or inadequate street layout, 
3 faulty lot layout in relation to size, adequacy, 
4 accessibility or usefulness, unsanitary or unsafe 
5 conditions, deterioration of site or other improvements, 
6 diversity of ownership, tax or special assessments, 
7 delinquency exceeding the fair value of the land, defective 
8 or unusual conditions of title, or the existence of 
9 conditions which endanger life or property by fire and 
10 other causes, or 
11 substantially impairs or arrests the sound growth of a 
12 municipality, retards the provision of housing 
13 accommodations or constitutes an economic or social 
14 liability and is a menace to the public health, safety, 
15 morals or welfare in its present condition and use.  
16 However, if the blighted area consists of open land, the 
17 conditions contained in W.S. 15-9-110(b) apply and any 
18 disaster area referred to in W.S. 15-9-112 constitutes a 
19 "blighted area";
20
21 (xvii)  "Urban renewal area" means a slum area, 
22
23 the local governing body designates as  2025STATE OF WYOMING25LSO-00254HB0068
1 appropriate for an urban renewal project 
2;
3
4 (xix)  "Urban renewal project" includes 
5 undertakings and activities of a municipality in one (1) or 
6 more urban renewal areas for the 
7 elimination  the prevention of 
8 the development or spread of slums and blight, and may 
9 involve slum clearance and redevelopment in an urban 
10 renewal area, or rehabilitation or conservation in an urban 
11 renewal area, or any combination or part thereof in 
12 accordance with an urban renewal plan. The undertakings 
13 and activities may include:
14
15
16
17
18
19
20
21
22
23 2025STATE OF WYOMING25LSO-00255HB00681 (a)  A municipality, to the greatest extent it 
2 determines to be feasible in carrying out the provisions of 
3 this chapter and consistent with its needs, shall afford 
4 maximum opportunity to the 
5 rehabilitation or redevelopment of the 
6 urban renewal area by private enterprise. A municipality 
7 shall give consideration to this objective in exercising 
8 its powers under this chapter, including the:
9
10
11
12
13 (a)  For the purposes of this chapter a municipality 
14 may formulate for itself a workable program for utilizing 
15 appropriate private and public resources to:
16
17 (i)  Provide affordable housing or eliminate and 
18 prevent the development or spread of slums and urban 
19 blight;
20
21 (iii)  Provide for the 
22 
23 redevelopment of slum and blighted areas; or 2025STATE OF WYOMING25LSO-00256HB0068
1
2 (b)  A workable program may include provisions for 
3 the:
4
5 (i)  
6revention of the spread of blight through diligent 
7 enforcement of housing, zoning and occupancy controls and 
8 standards;
9
10
11
12
13 (a)  No municipality shall exercise the authority 
14 conferred upon municipalities by this chapter until the 
15 local governing body, on its own motion or by virtue of a 
16 petition signed by twenty-five (25) or more electors of the 
17 municipality, has adopted a resolution finding that:
18
19 (i)  There is a lack of affordable housing or 
20ne (1) or more slum or blighted areas exist in the 
21 municipality; and
22 2025STATE OF WYOMING25LSO-00257HB00681 (ii)  The rehabilitation, conservation, 
2 redevelopment or a combination thereof of the 
3 area or areas is necessary in the interest of the public 
4 health, safety, morals or welfare of the residents of the 
5 municipality.
6
7
8
9
10 An urban renewal project for an urban renewal area shall 
11 not be planned or initiated unless the governing body, by 
12 resolution, has determined 
13
14 the area to be a slum area or a 
15 blighted area or a combination thereof and designated it as 
16 appropriate 
17 for an urban renewal project 
18 municipality shall not acquire real property for any urban 
19 renewal project unless the local governing body has 
20 approved the urban renewal project in accordance with W.S. 
21 15-9-110.
22 2025STATE OF WYOMING25LSO-00258HB00681
2
3
4 (a)  Following the hearing specified in W.S. 15-9-109, 
5 the local governing body may approve an urban renewal 
6 project and the plan therefor if it finds that:
7
8 (iv)  The urban renewal plan affords maximum 
9 opportunity, consistent with the municipality's needs, for 
10 the rehabilitation, development or redevelopment of the 
11 urban renewal area by private enterprise.
12
13 (b)  If the urban renewal area consists of an area of 
14 open land to be acquired by the municipality, the area 
15 shall not be so acquired unless:
16
17 (i)  If it is to be developed for residential 
18 uses, the local governing body shall determine that:
19
20 (A)  A shortage of housing of sound 
21 standards and design which is  decent, safe and 
22 sanitary exists in the municipality;
23 2025STATE OF WYOMING25LSO-00259HB00681 (B)  The  need for  
2 housing  accommodations has been or will be 
3 increased as a result of the clearance of slums in other 
4 areas;
5
6 (C)  The 
7 conditions of blight in the area  the shortage of 
8 decent, safe and sanitary housing 
9
10 a menace to the public health, safety, morals or welfare; 
11 and
12
13 (D)  The acquisition of the area for 
14 residential uses  is an integral part 
15 of and essential to the program of the municipality;
16
17
18
19 (a)  A municipality has the right to acquire by 
20 condemnation any interest in real property, including a fee 
21 simple title thereto, which it deems necessary for or in 
22 connection with an urban renewal project under this 
23 chapter, provided that the right to acquire property by  2025STATE OF WYOMING25LSO-002510HB0068
1
2
3. A municipality 
4 may exercise the power of eminent domain in the manner now 
5 provided or which may be hereafter provided by any other 
6 statutory provisions. Property already devoted to a public 
7 use may be acquired in like manner, provided that no real 
8 property belonging to the United States, the state or any 
9 political subdivision thereof, may be acquired without its 
10 consent.
11
12
13
14
15 (a)  A municipality may:
16
17 (iii)  Retain the property or interest for public 
18 use in accordance with the urban renewal plan, subject to 
19 any covenants, conditions and restrictions, including 
20 covenants running with the land, as it deems necessary or 
21 desirable to assist in 
22 preventing the development or spread of future slums or  2025STATE OF WYOMING25LSO-002511HB0068
1 blighted areas or to otherwise carry out the purposes of 
2 this chapter.
3
4
5
6
7
8 (a)  A municipality may:
9
10 (ii)  By notice published once each week for four 
11 (4) consecutive weeks in a newspaper having a general 
12 circulation in the community, prior to the execution of any 
13 contract to sell, lease or otherwise transfer real property 
14 and prior to the delivery of any instrument of conveyance 
15 with respect thereto under the provisions of this section, 
16 invite proposals from and make available all pertinent 
17 information to private  redevelopers or any 
18 persons interested in undertaking to 
19 redevelop or rehabilitate an urban renewal 
20 area or any part thereof.  The notice shall:
21
22 (b)  The municipality shall consider all 
23 redevelopment or rehabilitation  2025STATE OF WYOMING25LSO-002512HB0068
1 proposals and the financial and legal ability of the 
2 persons making the proposals to carry them out. The 
3 municipality may accept any proposals it deems to be in the 
4 public interest and in furtherance of the purposes of this 
5 chapter. A notification of intention to accept a proposal 
6 shall be filed with the governing body not less than thirty 
7 (30) days prior to acceptance. Thereafter the municipality 
8 may execute a contract and deliver deeds, leases and other 
9 instruments and take all steps necessary to effectuate a 
10 contract in accordance with the provisions of W.S. 
11 15-9-115.
12
13
14
15
16 (a)  Any urban renewal plan may contain a provision 
17 that taxes, if any, levied upon taxable property in an 
18 urban renewal project each year by or for the benefit of a 
19 municipality in the state shall be divided as follows:
20
21 (i)  That portion of the taxes which would be 
22 produced by the rate upon which the tax is levied each year 
23 by or for each of the taxing agencies upon the total sum of  2025STATE OF WYOMING25LSO-002513HB0068
1 the assessed value of the taxable property in the urban 
2 renewal project as shown upon the assessment roll used in 
3 connection with the taxation of the property by the taxing 
4 agency, last equalized prior to the effective date of the 
5 urban renewal project shall be allocated to and, when 
6 collected, paid into the funds of the respective taxing 
7 agencies as taxes by or for those taxing agencies on all 
8 other property are paid (for the purpose of allocating 
9 taxes by or for any taxing agency which did not include the 
10 territory in the urban renewal project on the effective 
11 date of the project but which territory had been annexed or 
12 otherwise included after the effective date, the assessment 
13 of the county last equalized on the project shall be used 
14 in determining the assessed valuation on the taxable 
15 property in the project on the effective date). For the 
16
17
18
19
20
21
22 2025STATE OF WYOMING25LSO-002514HB0068
1
2; and
3
4.  The department of revenue shall promulgate 
5 rules necessary to implement W.S. 15-9-120(a) as amended by 
6 this act, including any amendment of rules previously 
7 promulgated as required by W.S. 39-13-103(b)(ii).
8
9.  
10
11 (a)  Except as provided in subsection (b) of this 
12 section, this act is effective immediately upon completion 
13 of all acts necessary for a bill to become law as provided 
14 by Article 4, Section 8 of the Wyoming Constitution.
15
16 (b)  Section 1 of this act is effective July 1, 2025.
17
18 (END)