Fire protection district powers.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0107

ENROLLED ACT NO. 50, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2006 BUDGET SESSION

AN ACT relating to fire protection districts; expanding the powers of districts as specified; conforming related provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 15
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5
‑
201(a)(xvi), 15
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5
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402(a)(ix), 35
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9
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201, 35
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9
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203(a), 35
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9
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210(a)(ii) and 35
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9
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211(a)(intro), (ii)(intro) and (B) are amended to read:

15
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5
‑
201.

Definitions.

(a)

As used in this article:

(xvi)

"Employer" means any incorporated municipality, county or fire protection district offering fire protection
service
or public safety services
employing one (1) or more
paid firemen
members
.

15
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5
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402.

Definitions.

(a)

As used in this article:

(ix)

"Employer" means any incorporated municipality, county or fire protection district offering fire protection
service
or public safety services
employing one (1) or more members;

35
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9
‑
201.

Applicability; powers of districts generally.

This act shall apply to a fire protection district created under the provisions of this act or under the provisions of article 1, chapter 45, Wyoming Compiled Statutes, 1945, as amended. Such fire protection district is hereby authorized to provide protection from fire
and other public safety emergencies
for all persons and property within its boundaries, and to contract
, including mutual aid agreements,
to give or receive such protection to or from one (1) or more other municipal corporations,
other fire protection districts,
private organizations or individuals.

35
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9
‑
203.

Powers and duties of board of directors generally; administration of finances; assessment and levy of taxes.

(a)

The board of directors of any fire protection district is hereby authorized to enact such ordinances as may be necessary to establish and operate a fire
department
protection district
and shall file them with the county clerk for each county in which the district is located. The board of directors of fire protection districts shall administer the finances of such districts according to the provisions of the Wyoming Uniform Municipal Fiscal Procedure Act. The assessor shall, at the time of making the annual assessment of his county, also assess the property of each fire protection district in his county and return to the county assessor at the time of returning the assessment schedules, separate schedules listing the property of each fire protection district assessed by him. The separate schedules shall be compiled by the county assessor, footed, and returned to the board of county commissioners as provided for other assessment schedules.

35
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9
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210.

District formation initiated by resolution of county commissioners; procedures; conditions.

(a)

A fire protection district comprised of lands within unincorporated areas of the county which are not within existing fire protection districts may be created under the following procedure:

(ii)

If the establishment of the district is defeated at the election, the board may refuse to provide fire
and public safety
protection to the area within the proposed district commencing with the succeeding fiscal year. If a majority of the voters in the proposed district voting at the election vote for the establishment of the district, the board of county commissioners shall enter that fact upon its records and the district is established. Following establishment of the district, the board shall hold an election for a district board of directors under W.S. 35-9-202. Districts formed under this subsection are otherwise subject to W.S. 35-9-201 through 35-9-208.

35
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9
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211.

Formation of county commission fire protection districts; public safety services; procedures; conditions.

(a)

As an alternative to the procedures provided by W.S. 35
‑
9
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210, a county commission fire protection district comprised of lands within unincorporated areas of the county which are not within existing fire protection districts and which are currently receiving fire protection
or public safety services
from an existing fire department funded by the county may be created under the following procedure:

(ii)

If the establishment of the district is defeated at the election, the board may refuse to provide fire
and public safety
protection to the area within the proposed district commencing with the succeeding fiscal year. If a majority of the voters in the proposed district voting at the election vote for the establishment of the district, the board of county commissioners shall enter that fact upon its records and the district is established. Following establishment of the district:

(B)

The board of county commissioners shall annually levy a tax on the taxable property in the district as provided by W.S. 35
‑
9
‑
203 and shall expend the proceeds of the tax solely for the support of the fire department or agency providing fire protection
or public safety services
for the property within the district.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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