| 1 | 1 | | 2025 |
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| 2 | 2 | | STATE OF WYOMING |
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| 3 | 3 | | 25LSO-04191HB0262 |
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| 4 | 4 | | HOUSE BILL NO. HB0262 |
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| 5 | 5 | | Counties-limitations on holding reserves. |
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| 6 | 6 | | Sponsored by: Representative(s) Johnson, Andrew, Brown, G, |
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| 7 | 7 | | Campbell, K, Lucas, Singh, Strock, Styvar |
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| 8 | 8 | | and Wasserburger and Senator(s) McKeown, |
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| 9 | 9 | | Pearson and Smith, D |
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| 10 | 10 | | A BILL |
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| 11 | 11 | | for |
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| 12 | 12 | | 1 AN ACT relating to counties; establishing a limit on the |
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| 13 | 13 | | 2 amount of reserves that counties may maintain; providing |
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| 14 | 14 | | 3 for the calculation of reserve amounts; requiring the |
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| 15 | 15 | | 4 refund of reserves in excess of the limitation amount as |
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| 16 | 16 | | 5 specified; providing definitions; requiring reporting; and |
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| 17 | 17 | | 6 providing for an effective date. |
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| 18 | 18 | | 7 |
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| 19 | 19 | | 8 |
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| 20 | 20 | | 9 |
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| 21 | 21 | | 10. W.S. 18-4-109 is created to read: |
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| 22 | 22 | | 11 |
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| 23 | 23 | | 12 |
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| 24 | 24 | | 13 |
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| 25 | 25 | | 14 2025STATE OF WYOMING25LSO-04192HB02621 (a) As used in this section: |
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| 26 | 26 | | 2 |
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| 27 | 27 | | 3 (i) "Annual spending amount" means the average |
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| 28 | 28 | | 4 amount of total expenditures for the county in each of the |
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| 29 | 29 | | 5 immediately preceding five (5) fiscal years, excluding |
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| 30 | 30 | | 6 amounts collected through any specific purpose tax that is |
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| 31 | 31 | | 7 approved by the voters of the county; |
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| 32 | 32 | | 8 |
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| 33 | 33 | | 9 (ii) "Excess funds" means any funds held by the |
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| 34 | 34 | | 10 county in excess of the annual spending amount. |
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| 35 | 35 | | 11 |
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| 36 | 36 | | 12 (b) Beginning July 1, 2025, no county shall hold |
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| 37 | 37 | | 13 excess funds that exceed the county's annual spending |
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| 38 | 38 | | 14 amount. |
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| 39 | 39 | | 15 |
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| 40 | 40 | | 16 (c) Not later than July 1, 2025 and each July 1 |
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| 41 | 41 | | 17 thereafter, each county shall: |
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| 42 | 42 | | 18 |
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| 43 | 43 | | 19 (i) Calculate the county's annual spending |
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| 44 | 44 | | 20 amount and estimate whether any excess funds will be |
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| 45 | 45 | | 21 available at the end of the fiscal year; |
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| 46 | 46 | | 22 2025STATE OF WYOMING25LSO-04193HB02621 (ii) Report to the department of revenue on the |
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| 47 | 47 | | 2 amount calculated under paragraph (i) of this subsection |
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| 48 | 48 | | 3 and the estimate of excess funds that will be available at |
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| 49 | 49 | | 4 the end of the fiscal year. |
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| 50 | 50 | | 5 |
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| 51 | 51 | | 6 (d) Each county with excess funds on July 1, 2025 and |
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| 52 | 52 | | 7 each July 1 thereafter shall: |
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| 53 | 53 | | 8 |
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| 54 | 54 | | 9 (i) Report the amount of excess funds to the |
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| 55 | 55 | | 10 department of revenue and the board of county |
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| 56 | 56 | | 11 commissioners; |
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| 57 | 57 | | 12 |
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| 58 | 58 | | 13 (ii) Provide notice to residents in accordance |
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| 59 | 59 | | 14 with subsection (e) of this section; |
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| 60 | 60 | | 15 |
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| 61 | 61 | | 16 (iii) Refund the excess funds to residents of |
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| 62 | 62 | | 17 the county in accordance with subsection (f) of this |
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| 63 | 63 | | 18 section. |
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| 64 | 64 | | 19 |
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| 65 | 65 | | 20 (e) Not later than July 15, 2025 and each July 15 |
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| 66 | 66 | | 21 thereafter, each county with excess funds shall provide |
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| 67 | 67 | | 22 notice to persons entitled to receive a refund under this |
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| 68 | 68 | | 23 section. 2025STATE OF WYOMING25LSO-04194HB02621 |
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| 69 | 69 | | 2 (f) Not later than August 15, 2025 and each August 15 |
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| 70 | 70 | | 3 thereafter, each county shall refund or provide for the |
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| 71 | 71 | | 4 refund of excess funds to owners of record of property in |
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| 72 | 72 | | 5 the county who have been residents of the county for not |
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| 73 | 73 | | 6 less than one (1) year preceding the refund. For purposes |
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| 74 | 74 | | 7 of this subsection, residency shall be determined in |
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| 75 | 75 | | 8 accordance with the rules provided by W.S. 23-1-107. Excess |
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| 76 | 76 | | 9 funds shall be refunded on a pro rata basis. |
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| 77 | 77 | | 10 |
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| 78 | 78 | | 11 (g) For each county that does not refund excess funds |
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| 79 | 79 | | 12 in accordance with this section by the date specified in |
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| 80 | 80 | | 13 subsection (f) of this section, the state treasurer shall |
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| 81 | 81 | | 14 withhold from any payment due to a county under W.S. |
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| 82 | 82 | | 15 39-15-111(b) and 39-16-111(b) an amount equal to two (2) |
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| 83 | 83 | | 16 times the amount of excess funds that the county had on |
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| 84 | 84 | | 17 July 1 of the applicable year. The withheld amount shall |
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| 85 | 85 | | 18 be: |
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| 86 | 86 | | 19 |
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| 87 | 87 | | 20 (i) Deposited and held in the legislative |
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| 88 | 88 | | 21 stabilization reserve account until the date specified in |
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| 89 | 89 | | 22 paragraph (ii) of this section; |
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| 90 | 90 | | 23 2025STATE OF WYOMING25LSO-04195HB02621 (ii) Transferred from the legislative |
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| 91 | 91 | | 2 stabilization reserve account to the county upon the county |
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| 92 | 92 | | 3 certifying to the state treasurer and the department of |
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| 93 | 93 | | 4 revenue that the county has refunded the excess funds in |
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| 94 | 94 | | 5 accordance with this section. |
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| 95 | 95 | | 6 |
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| 96 | 96 | | 7. This act is effective immediately upon |
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| 97 | 97 | | 8 completion of all acts necessary for a bill to become law |
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| 98 | 98 | | 9 as provided by Article 4, Section 8 of the Wyoming |
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| 99 | 99 | | 10 Constitution. |
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| 100 | 100 | | 11 |
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| 101 | 101 | | 12 (END) |
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