2025
STATE OF WYOMING
25LSO-04191HB0262
HOUSE BILL NO. HB0262
Counties-limitations on holding reserves.
Sponsored by: Representative(s) Johnson, Andrew, Brown, G,
Campbell, K, Lucas, Singh, Strock, Styvar
and Wasserburger and Senator(s) McKeown,
Pearson and Smith, D
A BILL
for
1 AN ACT relating to counties; establishing a limit on the
2 amount of reserves that counties may maintain; providing
3 for the calculation of reserve amounts; requiring the
4 refund of reserves in excess of the limitation amount as
5 specified; providing definitions; requiring reporting; and
6 providing for an effective date.
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8
9
10. W.S. 18-4-109 is created to read:
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12
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14 2025STATE OF WYOMING25LSO-04192HB02621 (a) As used in this section:
2
3 (i) "Annual spending amount" means the average
4 amount of total expenditures for the county in each of the
5 immediately preceding five (5) fiscal years, excluding
6 amounts collected through any specific purpose tax that is
7 approved by the voters of the county;
8
9 (ii) "Excess funds" means any funds held by the
10 county in excess of the annual spending amount.
11
12 (b) Beginning July 1, 2025, no county shall hold
13 excess funds that exceed the county's annual spending
14 amount.
15
16 (c) Not later than July 1, 2025 and each July 1
17 thereafter, each county shall:
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19 (i) Calculate the county's annual spending
20 amount and estimate whether any excess funds will be
21 available at the end of the fiscal year;
22 2025STATE OF WYOMING25LSO-04193HB02621 (ii) Report to the department of revenue on the
2 amount calculated under paragraph (i) of this subsection
3 and the estimate of excess funds that will be available at
4 the end of the fiscal year.
5
6 (d) Each county with excess funds on July 1, 2025 and
7 each July 1 thereafter shall:
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9 (i) Report the amount of excess funds to the
10 department of revenue and the board of county
11 commissioners;
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13 (ii) Provide notice to residents in accordance
14 with subsection (e) of this section;
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16 (iii) Refund the excess funds to residents of
17 the county in accordance with subsection (f) of this
18 section.
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20 (e) Not later than July 15, 2025 and each July 15
21 thereafter, each county with excess funds shall provide
22 notice to persons entitled to receive a refund under this
23 section. 2025STATE OF WYOMING25LSO-04194HB02621
2 (f) Not later than August 15, 2025 and each August 15
3 thereafter, each county shall refund or provide for the
4 refund of excess funds to owners of record of property in
5 the county who have been residents of the county for not
6 less than one (1) year preceding the refund. For purposes
7 of this subsection, residency shall be determined in
8 accordance with the rules provided by W.S. 23-1-107. Excess
9 funds shall be refunded on a pro rata basis.
10
11 (g) For each county that does not refund excess funds
12 in accordance with this section by the date specified in
13 subsection (f) of this section, the state treasurer shall
14 withhold from any payment due to a county under W.S.
15 39-15-111(b) and 39-16-111(b) an amount equal to two (2)
16 times the amount of excess funds that the county had on
17 July 1 of the applicable year. The withheld amount shall
18 be:
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20 (i) Deposited and held in the legislative
21 stabilization reserve account until the date specified in
22 paragraph (ii) of this section;
23 2025STATE OF WYOMING25LSO-04195HB02621 (ii) Transferred from the legislative
2 stabilization reserve account to the county upon the county
3 certifying to the state treasurer and the department of
4 revenue that the county has refunded the excess funds in
5 accordance with this section.
6
7. This act is effective immediately upon
8 completion of all acts necessary for a bill to become law
9 as provided by Article 4, Section 8 of the Wyoming
10 Constitution.
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12 (END)