Special districts-public records.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0005

ENROLLED ACT NO. 3, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
special districts
and other specified public entities
; providing for filing of public records with county clerks; providing for notice and location of public meetings of special districts
and other specified entities
;
and providing for an effective date.

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

Section 1.

W.S. 16
‑
12
‑
101 through 16
‑
12
‑
10
5
are created to read:

CHAPTER 12
SPECIAL DISTRICTS

16
‑
12
‑
101.

Short title.

This chapter may be cited as the "Special District Public Records and Meetings Act"
.

16
‑
12
‑
102.

Definitions.

(a)

As used in this act:

(i)

"Director" or "district director" means a voting member of the governing body of a special district
or other specified entity
, regardless of what title is used in the principal act;

(ii)

"Principal act" means the statutes under which a special district
or other specified entity
listed under W.S. 16
‑
12
‑
103(a)
is
formed or is operating;

(iii)

"This act" means W.S. 16
‑
12
‑
101 through 16
‑
12
‑
10
5
.

16
‑
12
‑
103.

Applicability
to special districts
and other specified entities
; general provisions.

(a)

This act applies to the following
entities
as specified in subsection (b) of this section:

(i)

Airport joint powers boards;

(ii)

Boards of cooperative educational services;

(ii
i
)

C
emetery districts;

(i
v
)

Conservation districts;

(v)

Downtown development authorities;

(vi)

Drainage districts;

(vii)

Fire protection districts;

(
viii
)

Flood control districts;

(
i
x)

Hospital districts;

(
x
)

Housing authorities;

(
xi
)

Improvement and service districts;

(x
ii
)

Irrigation districts;

(xi
ii
)

Joint powers boards;

(x
i
v)

Local improvement districts;

(xv)

Museum districts;

(xvi)

Predator
management district
s
;

(xvi
i
)

Recreation districts;

(x
viii
)

Recreation joint powers boards;

(x
i
x)

Regional transportation authorities;

(x
x
)

Resort
districts
;

(xxi)

Rural health care districts;

(xxii)

Sanitary and improvement districts;

(xx
i
ii
)

Senior citizens' districts;

(xx
i
v
)

Solid waste disposal districts;

(xx
v
)

Water and sewer districts;

(xxvi)

Water conservancy districts;

(xx
v
ii)

Watershed improvement districts;

(xx
viii
)

Weed and pest districts;

(x
xix
)

Other districts as specified by law.

(b)

This act specifies requirements pertaining to public records and meetings of the
entities
listed in subsection (a) of this section where the principal act is silent or unclear. The specific provisions of a principal act or the Wyoming
Public
Records
Act
, W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205,
are effective and controlling to the extent they conflict with this act.

(
c
)

If an entity
is authorized to promulgate rules and regulations or adopt ordinances or bylaws, the district shall file any rules and regulations it promulgates, ordinances or bylaws it adopts and any amendments thereto with the county clerk for each county in which it is located.

No rule, regulation, ordinance or bylaw shall be effective unless filed in accordance with this subsection.

16
‑
12
‑
10
4
.

Maintaining
public records.

(a)

All special districts
and other specified entities
shall
maintain
a copy
of the following documents,
if the documents exist,
provided that the
Wyoming

P
ublic
R
ecords
A
ct and all applicable federal statutes shall control the obligations of disclosure of those documents:

adopted minutes of all meetings
of the governing board and the governing board's committees and subcommittees
, records of meetings
of the governing board and the governing board's committees and subcommittees
, audits, financial statements, election results, budgets
,
bylaws, rate schedules, policies and employment contracts with all administrators
.

(b)

All special district and other specified entities shall maintain the records described in subsection (a) of this section for public review at their business office if the business office is open to the public for at least twenty (20) business hours each week.

(c)

If a special district or other specified entity cannot maintain the records described in subsection (a) of this section as required under subsection (b) of this section, the special district or other specified entity shall file copies of those records with the county clerk in the county wherein the largest portion of the district or entity lies.
The documents may be in an electronic format unless otherwise specified by the county clerk. The county clerk may specify the format for records filed pursuant to this subsection.

(d)

All special districts or other specified entities shall provide by September 30 each year to the county clerk in every county wherein the entity exists a filing specifying where documents required under subsection (a) of this section are maintained for public review.

16
‑
12
‑
10
5
.

Public meetings.

(a)

In addition to the requirements of W.S. 16
‑
4
‑
401 through 16
‑
4
‑
408, all public meetings of special districts
and specified entities
shall be held in a location accessible to the general public or made accessible to the public for purposes of the meeting.

(b)

Notice of any meeting of a special district
or specified entity
shall be made in compliance with W.S. 16
‑
4
‑
404.

Section 2.

This act is effective July 1, 2010.

(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

1