Fire protection districts-mutually agreed division.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0279

ENROLLED ACT NO. 84, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2007 GENERAL SESSION

AN ACT relating to fire protection districts; providing for division of fire protection districts; providing for petition to county commissioners; providing for protests; providing for distribution of assets and liabilities following division; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 35
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212 through 35
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215 are created to read:

35
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9
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212.

Division of fire protection district authorized.

Fire protection districts may be divided as provided in W.S. 35
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213 through 35
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215.

35
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213.

Petition for division; hearing and notice.

(a)

Whenever a petition in writing is made to the county commissioners, signed by the owners of fifty percent (50%) or more of the privately owned lands of an area proposed to be detracted from the original fire protection district, who constitute fifty percent (50%) or more of the taxpayers within the proposed detracted area based upon the last completed assessment roll, the county commissioners shall, within twenty (20) days from the receipt of the petition, give notice of the hearing on the petition by:

(i)

Mailing a copy of the notice by first-class mail to each landowner in the district at the address shown in the assessment roll;

(ii)

Causing a notice thereof to be posted, at least twenty (20) days prior to the time appointed by them for the consideration of the petition, in at least three (3) public places within the proposed detracted area and also in at least three (3) public places within the remaining area; and

(iii)

Publishing a notice in the newspapers of general circulation in the area of the district.

(b)

The petition for detraction shall describe the boundaries of the proposed detracted area and the boundaries of the remaining area in the manner provided in W.S. 22
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103(e).

(c)

The county commissioners shall, on the day fixed for hearing the petition, or on any legally postponed day, proceed to hear the petition. Prior to the hearing the commissioners shall appoint an individual or group of individuals from the persons signing the petition to act in negotiations on behalf of the proposed detracted area.

(d)

If the detracting district is within two (2) or more counties, the county commissioners for purposes of W.S. 35
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213 and 35
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214 are the county commissioners of the county where the majority of the detracting district property lies.

35
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214.

Decision on petition for division; protest.

(a)

The petition may be granted and the original districts may thereupon be divided into separate districts if at the time of the hearing on the petition the county commissioners determine:

(i)

Protests have not been signed by:

(A)

The owners of twenty percent (20%) or more of the area of the privately owned lands included within the entire original district who constitute twenty percent (20%) or more of the taxpayers who are landowners within the entire original district based upon the last completed assessment roll; or

(B)

The owners of twenty percent (20%) or more of the area of the privately owned lands included within the area of the proposed detracted area who constitute twenty percent (20%) or more of taxpayers who are landowners within the proposed detracted area based upon the last completed assessment roll.

(ii)

The districts have in place standard operating procedures that ensure that both districts have the ability to provide fire protection to the satisfaction of the commissioners;

(iii)

The boundary changes are in the best interests of the public; and

(iv)

The mutual agreement negotiated pursuant to W.S. 35
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215(a)(i) regarding the distribution of assets is acceptable to the commissioners.

(b)

If the required amount of protests are presented as provided in paragraph (a)(i) of this section, the petition for division shall be disallowed.

(c)

Upon allowance of a petition for division of a fire protection district, the board of county commissioners shall appoint members to the newly formed board who are residents and property owners within the newly formed district and who shall serve on the board until the initial election of directors, at which time the members of the board shall be elected in accordance with W.S. 35
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202(a).

(d)

Until a board of directors for the newly formed district shall be appointed and until the first tax assessment is received by the newly formed district, the original fire protection district shall remain responsible for provision of fire protection services to the area encompassing the newly detracted fire protection district.

35
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215.

Distribution of assets and liabilities following division.

(a)

The division of the assets of the fire protection districts shall be apportioned as follows:

(i)

Through a mutual agreement signed by the president of the original fire protection district board and the person or persons appointed to represent the detracted district pursuant to W.S. 35
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213(c);

(ii)

If a mutual agreement cannot be reached as provided in paragraph (i) of this subsection and the assets are located entirely within one (1) county, the board of county commissioners of that county may impose an equitable division of the assets;

(iii)

If a mutual agreement cannot be reached as provided in paragraph (i) of this subsection and the assets are located in more than one (1) county, the boards of county commissioners of the counties where the assets are located may negotiate a division of the assets, with each board having an equal vote regardless of the number of commissioners on the respective boards;

(iv)

If a mutual agreement cannot be reached as provided in paragraph (i), (ii) or (iii) of this subsection, the district court of the county where a majority of the original district's electors reside shall have jurisdiction to equitably divide the district assets, with each county responsible to pay legal fees and costs in proportion to the division of assets between or among the counties.

(b)

Any detracted area shall remain liable for any existing warrant and bonded indebtedness of the original district, which indebtedness shall be apportioned between the divided areas according to their respective taxable valuations.

Section 2.

W.S. 35
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202(a), 35
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208 and 35
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209 by creating a new subsection (k) are amended to read:

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202.

Election of board of directors.

(a)

The election of the initial board of directors shall be held by the board of county commissioners at the same time as the election for formation of the district
, or at the next general election in the case of a district created pursuant to W.S. 35
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213
. There shall be elected a board of directors consisting of three (3) members who are residents living within the district who shall serve without compensation. Within ten (10) days after each election the board shall meet and select a president and a secretary-treasurer. The first elected board shall serve until the next director election as provided in W.S. 22
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112. At the first director election, one (1) member of the board shall be elected for two (2) years, and two (2) members for four (4) years, for staggered terms. Thereafter, directors shall be elected for four (4) year terms. Biennial elections shall be held in accordance with the Special District Election Act of 1994.

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208.

Issuance of bonds; payment of principal and interest.

The county treasurer where said district's funds are kept may pay out of any
moneys
monies
belonging to said district tax fund
, and from the tax fund of a detracted district as provided in W.S. 35
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215(b)
, the interest and the principal upon any bonds issued under this chapter by such district, when the same becomes due, upon the presentation at his office of the proper coupon or bond, which must show the amount due, and each coupon must also show the number of the bond to which it belonged, and all bonds and coupons so paid must be reported to the district directors at their first regular meeting thereafter.

35
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209.

Procedure for proposing establishment of fire protection district.

(k)

Notwithstanding subsection (j) of this section, a fire protection district may be established through division of an existing fire protection district pursuant to W.S. 35
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213 through 35
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215.

Section 3.

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 House.

Chief Clerk

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