Special districts-elections.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0016

ENROLLED ACT NO. 10, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to
special districts;
changing
require
ment
s

to allow
enlargement without election;

limiting taxing authority when districts have not properly mapped boundaries;

requiring mapping only if a governmental entity levies or requires the levy of taxes;

and providing for an effective date.

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

Section 1.
W.S. 22
‑
29
‑
301(a)
(intro) and
(i)
,
39
‑
11
‑
102(c)(xxiv)
and 39
‑
13
‑
102(p)
are amended to read:

22
‑
29
‑
301.

Enlargement petitions.

(a)

When
the

any
voters
or landowners

of an area wish to join a district, they may file an enlargement petition with the county commissioners.
If there are no voters within an area proposed to be included in a district, the landowners of the area may file an enlargement petition with the county commissioners.
Unless otherwise provided under this subsection, the petition for enlargement
shall

may

include
provisions allowing the board of district directors to be enlarged by one (1) or more positions to be filled by voters residing or located in the new area, the number of positions to be determined by the petitioners and the district directors of the existing district. Before the petition is filed with the county commissioners, it shall be approved by the directors of the affected district and by any other agency also required by the principal act to approve the petition. The petition process shall be governed by W.S. 22
‑
29
‑
105 through 22
‑
29
‑
108. An election need not be held on an enlargement petition if the petition alleges and the county commissioners find:

(i)

All landowners

and all voters
, if any,
within the new area and the board of directors of the district agree to the inclusion of the new area within the district
.
; and

39
‑
11
‑
102.

Administration; confidentiality; department of revenue.

(c)

In addition to the other powers and duties imposed by law, the department shall:

(xxiv)

Promulgate rules and regulations as provided by the Wyoming Administrative Procedure Act, necessary to map and keep record of the geographical boundaries for all special districts and governmental entities with the authority to levy or require the levy of property taxes.

Notwithstanding any other provision of law, no special district or governmental entity with authority to levy or require the levy of property taxes shall levy any property taxes unless in compliance with the rules and regulat
ions promulgated pursuant to th
is subsection.

39
‑
13
‑
102.

Administration; confidentiality.

(p)

Any governmental entity with authority to levy or require the levy of property taxes which is formed or organized or which changes its geographical boundaries shall cause one (1) copy of the legal description which is contained within the document authorizing formation or modification of boundaries and one (1) copy of an official map designating the geographical boundaries as formed or changed to be filed with the department and with the county clerk and county assessor in the county or counties within which the entity is located within ten (10) days after the effective date of the formation, and annually, by a date determined by the department, if
a
the

governmental entity
levies or requires the levy of taxes and
has changes to its geographical boundaries by annexation, enlargement, merger, consolidation, exclusion or dissolution. Failure to file the required documents within the required time relieves the county assessor and the department from responsibility of modifying the assessment roll to reflect the property in the new entity or changed boundary area.

Section 2.
W.S. 22
‑
29
‑
301(a)(ii) is repealed.

Section 3.
This act is effective July 1, 2008.

(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

1