Fire protection-mutual aid.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0095

ENROLLED ACT NO. 18, SENATE

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

AN ACT relating to fire protection; providing for mutual aid agreements between noncontiguous cities and fire districts; providing immunity for fire protection districts acting outside district boundaries; providing for the use of tax revenues for provision of services pursuant to a mutual aid agreement; 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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1
‑
121(a)(intro), 35
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9
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201 and 35
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9
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211(a)(ii)(B) are amended to read:

15
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1
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121.

Fire protection agreements authorized; limitation; liability.

(a)

Every city, town and county may enter into negotiations with each other or with the board of directors of a
contiguous
fire district for the purpose of:

35
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9
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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.
No fire protection district is liable for damages to persons or property resulting from the operation or presence of fire fighting equipment outside the district boundaries pursuant to an agreement or contract under this section.

35
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9
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211.

Formation of county commission fire protection districts; procedures; conditions.

(a)

As an alternative to the procedures provided by W.S. 35
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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
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9
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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
or outside the district pursuant to a mutual aid agreement as provided in W.S. 35
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9
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201
.

Section 2.
This act is effective July 1, 2007.

(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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