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Article 15, Wyoming Constitution

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Wyoming Constitution
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Article 15 of the Wyoming Constitution consists of 20 sections.

Section 1

Text of Section 1:

Assessment of Lands and Improvements Thereon

All lands and improvements thereon shall be listed for assessment, valued for taxation and assessed separately.[1]

Section 2

Text of Section 2:

Assessment of Coal Lands

All coal lands in the state from which coal is not being mined shall be listed for assessment, valued for taxation and assessed according to value.[1]

Section 3

Text of Section 3:

Taxation of Mines and Mining Claims

All mines and mining claims from which gold, silver and other precious metals, soda, saline, coal, mineral oil or other valuable deposit, is or may be produced shall be taxed in addition to the surface improvements, and in lieu of taxes on the lands, on the gross product thereof, as may be prescribed by law; provided, that the product of all mines shall be taxed in proportion to the value thereof.[1]

Section 4

Text of Section 4:

State Levy Limited

For state revenue, there shall be levied annually a tax not to exceed four mills on the dollar of the assessed valuation of the property in the state except for the support of state educational and charitable institutions, the payment of the state debt and the interest thereon.[1]

Section 5

Text of Section 5:

County Levies Limited

For county revenue, there shall be levied annually a tax not to exceed twelve mills on the dollar for all purposes including general school tax, exclusive of state revenue, except for the payment of its public debt and the interest thereon.[1]

Section 6

Text of Section 6:

City Levies Limited

No incorporated city or town shall levy a tax to exceed eight mills on the dollar in any one year, except for the payment of its public debt and the interest thereon.[1]

Section 7

Text of Section 7:

Depositories for Public Moneys

All money belonging to the state or to any county, city, town, village or other subdivision therein, except as herein otherwise provided, shall, whenever practicable, be deposited in a national bank or banks or in a bank or banks incorporated under the laws of this state; provided, that the bank or banks in which such money is deposited shall furnish security to be approved as provided by law; and provided further, that such bank or banks shall pay the same rate of interest on any money so deposited therein on time certificates of deposit by the legal custodian or custodians of any such public moneys as such bank or banks pay on time certificates of deposit of private depositors, and the custodian or custodians of any such public moneys shall be authorized to deposit same under time certificates of deposit as may be provided by law. Such interest shall accrue to the fund from which it is derived.[1]

Section 8

Text of Section 8:

Profit Making from Public Funds Prohibited

The making of profit, directly or indirectly, out of state, county, city, town or school district money or other public fund, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law.[1]

Section 9

Text of Section 9:

Legislature to Provide for State Board of Equalization

The legislature shall provide by law for a state board of equalization.[1]

Section 10

Text of Section 10:

Duties of State Board of Equalization

The duties of the state board shall be to equalize the valuation on all property in the several counties and such other duties as may be prescribed by law.[1]

Section 11

Text of Section 11:

Uniformity of Assessment Required

(a) All property, except as in this constitution otherwise provided, shall be uniformly valued at its full value as defined by the legislature, in three (3) classes as follows:

(i) Gross production of minerals and mine products in lieu of taxes on the land where produced;

(ii) Property used for industrial purposes as defined by the legislature; and

(iii) All other property, real and personal.

(b) The legislature shall prescribe the percentage of value which shall be assessed within each designated class. All taxable property shall be valued at its full value as defined by the legislature except agricultural and grazing lands which shall be valued according to the capability of the land to produce agricultural products under normal conditions. The percentage of value prescribed for industrial property shall not be more than forty percent (40%) higher nor more than four (4) percentage points more than the percentage prescribed for property other than minerals.

(c) The legislature shall not create new classes or subclasses or authorize any property to be assessed at a rate other than the rates set for authorized classes.

(d) All taxation shall be equal and uniform within each class of property. The legislature shall prescribe such regulations as shall secure a just valuation for taxation of all property, real and personal.[1]

Section 12

Text of Section 12:

Exemptions from Taxation

The property of the United States, the state, counties, cities, towns, school districts and municipal corporations, when used primarily for a governmental purpose, and public libraries, lots with the buildings thereon used exclusively for religious worship, church parsonages, church schools and public cemeteries, shall be exempt from taxation, and such other property as the legislature may by general law provide.[1]

Section 13

Text of Section 13:

Tax Must Be Authorized by Law; Law to State Object

No tax shall be levied, except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied.[1]

Section 14

Text of Section 14:

Surrender of Taxing Power Prohibited

The power of taxation shall never be surrendered or suspended by any grant or contract to which the state or any county or other municipal corporation shall be a party.[1]

Section 15

Text of Section 15:

State Tax for Support of Public Schools

For the support of the public schools in the state there may be levied each year a state tax not exceeding twelve mills on the dollar of the assessed valuation of the property in the state.[1]

Section 16

Text of Section 16:

Disposition of Fees, Excises and License Taxes on Vehicles and Gasoline

No moneys derived from fees, excises, or license taxes levied by the state and exclusive of registration fees and licenses or excise taxes imposed by a county or municipality, relating to registration, operation or use of vehicles on public highways, streets or alleys, or to fuels used for propelling such vehicles, shall be expended for other than cost of administering such laws, statutory refunds and adjustments allowed therein, payment of highway obligations, costs for construction, reconstruction, maintenance and repair of public highways, county roads, bridges, and streets, alleys and bridges in cities and towns, and expense of enforcing state traffic laws.[1]

Section 17

Text of Section 17:

County Levy for Support and Maintenance of Public Schools

There shall be levied each year in each county of the state a tax of not to exceed six (6) mills on the dollar of the assessed valuation of the property in each county for the support and maintenance of the public schools.� This tax shall be collected by the county treasurer and disbursed among the school districts within the county as the legislature shall provide.� The legislature may authorize boards of trustees of school districts to levy a special tax on the property of the district.� The legislature may also provide for the distribution among one (1) or more school districts of any revenue from the special school district property tax in excess of a state average yield, which shall be calculated each year, per average daily membership.[1]

Section 18

Text of Section 18:

Full Tax Credit Allowed Against Any Liability Arising from a Tax on Income

No tax shall be imposed upon income without allowing full credit against such tax liability for all sales, use, and ad valorem taxes paid in the taxable year by the same taxpayer to any taxing authority in Wyoming.[1]

Section 19

Text of Section 19:

Mineral Excise Tax; Distribution

The Legislature shall provide by law for an excise tax on the privilege of severing or extracting minerals, of one and one-half percent (1 1/2%) on the value of the gross product extracted. The minerals subject to such excise tax shall be coal, petroleum, natural gas, oil shale, and such other minerals as may be designated by the Legislature. Such tax shall be in addition to any other excise, severance or ad valorem tax. The proceeds from such tax shall be deposited in the Permanent Wyoming Mineral Trust Fund. The fund, including all monies deposited in the fund from whatever source, shall remain inviolate. The monies in the fund shall be invested as prescribed by the Legislature and all income from fund investments shall be deposited by the State Treasurer in the general fund on an annual basis. The Legislature may also specify by law, conditions and terms under which monies in the fund may be loaned to political subdivisions of the state.[1]

Section 20

Text of Section 20:

Higher Education Trust Funds; Investments; Earnings

The legislature may from time to time place monies into endowment funds for higher education scholarships and for improving the quality of higher education, which funds shall remain inviolate. The earnings of the funds shall be used for the purposes specified in this section, but the legislature may from time to time by law regulate the manner in which the earnings are expended. The legislature may also provide for use of the earnings to protect the funds from inflation and to even fluctuations in earnings over time. The funds may be invested in the same manner as other permanent funds of the state.[1]

See also

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