County commissioners-removal of appointed board members.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0005

ENROLLED ACT NO. 60, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to district boards; providing for removal of board members from predator management boards, planning commissions, airport boards, fair boards, public recreation boards, museum boards, solid waste disposal district boards and county health boards; providing a term for vacancies filled; and providing for an effective date.

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

Section 1.

W.S. 11
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6
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202 by creating a new subsection (c), 18
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5
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103 by creating a new subsection (d), 18
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9
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102 by creating a new subsection (h), 18
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9
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201 by creating a new subsection (c), 18
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10
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103, 18
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11
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102 and 35
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1
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302 by creating a new subsection (e) are amended to read:

11
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6
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202.

Administration of districts by district boards; number and qualifications of members; term; filling of vacancies
; removal
.

(c)

For directors appointed by a board of county commissioners, the county commissioners may remove the director for cause without a public hearing unless the director requests that the action be taken during a public hearing.

18
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5
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103.

Appointment of county planning commission; composition; powers and duties generally; removal.

(d)

The county commissioners may remove any member of the county planning commission for cause without a public hearing unless the member requests that the action be taken during a public hearing. Vacancies on the county planning commission shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

18
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9
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102.

Board of trustees.

(h)

The county commissioners may remove any member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing. Vacancies on the board of trustees shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

18
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9
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201.

Recreational facilities and systems of public recreation; authority to establish and maintain; joint action by political subdivision; tax levies; removal.

(c)

The governing body which appointed the member of the board of trustees may remove that member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing. Vacancies on the board of trustees shall be filled by the governing body for the balance of the unexpired term created by the vacancy.

18
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10
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103.

Board of trustees; appointment; composition; qualifications of members; terms of office; vacancies; removal.

(a)

Each board of county commissioners of any county owning, constructing or acquiring any museum or collection of exhibits shall appoint a board of trustees for the museum or collection composed of five (5) electors of the county. The initial board of trustees shall be appointed as follows: one (1) member for a one (1) year term, two (2) for a two (2)
year
term and two (2) for a three (3) year term, with each term commencing on July 1 of the year of appointment. Thereafter the terms shall be three (3) years. Vacancies shall be filled for unexpired terms.

(b)

The county commissioners may remove any member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing. Vacancies on the board of trustees shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

18
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11
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102.

Powers; management; rates; penalty for violation of rules; removal.

(a)

Following the creation of a solid waste disposal district the board of county commissioners shall appoint not less than three (3) nor more than nine (9) residents of the district to constitute the governing board of the district. Appointees shall serve a term of three (3) years and may be reappointed for three (3) additional terms. Terms of office shall be staggered. The governing board may exercise all powers granted to cities and towns by W.S. 15
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1
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103(a)(xxi) and (xl) and shall adopt rules and regulations in managing the disposal of solid wastes within the district. Violation of a rule or regulation of the governing board requiring disposal of solid wastes in designated sites constitutes a misdemeanor punishable upon conviction by a fine not to exceed seven hundred fifty dollars ($750.00) or imprisonment not exceeding six (6) months or both. A governing board may also enforce its rules and regulations by appropriate legal proceedings and expend and generate revenue relative to the purpose of a solid waste disposal district. The governing board may permit persons or entities not included within the district to utilize the facilities of the district. The governing board may impose fees upon persons or entities included within or outside of the district for the privilege of utilizing the facilities of the district at rates established by the governing board and any revenue
generated in this manner shall only be used to operate the district.

(b)

The county commissioners may remove any member of the governing board for cause without a public hearing unless the member requests that the action be taken during a public hearing. Vacancies on the governing board shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

35
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1
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302.

Organization of units; membership of boards; removal.

(e)

The governing body which appointed the member of the board may remove that member of the board for cause without a public hearing unless the member requests that the action be taken during a public hearing. Vacancies on the board shall be filled by the governing body for the balance of the unexpired term created by the vacancy.

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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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