Recreation facilities and systems-detraction.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0112

SENATE FILE
NO.

SF0025

Recreation facilities and systems-detraction.

Sponsored by:
Senator(s) Peterson

A BILL

for

AN ACT relating to local governments; providing for division of a system of public recreation; providing for creation of a separate system of public recreation; providing for a mill levy; and providing for an effective date.

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

Section 1.
W.S. 18
‑
9
‑
203 through 18
‑
9
‑
205
are
created to read:

18
‑
9
‑
203.

Petition for division of existing system of public recreation and formation of new system.

(
a
)

Whenever a petition in writing is made to the
governing body of any city, town, county or school district which has established a public recreation system as
provided in this article
, signed by
fifty (50) or more qualified electors residing in
an area

proposed to be detracted from an original existing system of public recreation, the
governing body
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
qualified elector
in the

original existing system of public recreation 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
system
.

(b)

The petition for
division
shall describe the boundaries of

the proposed detracted

area and the
boundaries of

the remaining area in the manner provided in W.S. 22
‑
29
‑
103(
e).

(c)

The
governing body
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
area
is within two (2) or more
local government boundaries
, the
governing

body
for purposes of this
section,

is the governing body
of the
local government
where the majority of

the property lying within
the
detracting area's privately

owned property lies.

18
‑
9
‑
204.

Procedures for petition for division from system of public recreation.

(a)

The petition may be granted and the original existing system
of public recreation
may

thereupon be divided into separate system
s of public recreation
if at the time of the hearing

on the petition the
governing body
determine
s
:

(
i
)

Protests have not been signed by
fifty (50) qualified electors in the existing recreation district boundaries
;

(ii)

The boundary changes and splitting of the system
of public recreation
are in

the best interests of the public; and

(iii)

The mutual agreement negotiated pursuant to the provisions of
W.S. 18
‑
9
‑
205
regarding the distribution of assets is acceptable to

the
governing body
.

(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 an existing original system
of public recreation
,

the
governing body
shall appoint members to the newly formed

board who are residents within the newly formed system
of public recreation

as provided in W.S. 18
‑
9
‑
201(
a)
.

(d)

Until the first tax assessment is received by the newly formed

system
of public recreation
, the original existing system
of public recreation
shall remain responsible

for provision of services to the area encompassing the newly detracted system
of public recreation
.

18
‑
9
‑
205.

Apportionment of assets of divided system of public recreation.

(a)

The division of the assets of the
divided
system of public recreation shall be

apportioned as follows:

(
i
)

Through a mutual agreement signed by the president of the original

existing system
of public recreation
governing board and the person or persons

appointed to represent the detracted area pursuant to
W.S. 18
‑
9
‑
204(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)
local government boundary
,

the
governing body
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)
local government boundary
, the
governing bodies of the local governments
where the

property of the original existing system
of public recreation
is

located, may negotiate a division of the assets, with each
governing body
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 existing system
of public recreation's
electors reside shall have

jurisdiction to equitably divide the
system's
assets, with each
governing body
responsible to pay legal fees and costs in proportion to the division of

assets between or among the
local governments
.

(b)

Any system
of public recreation

within the
detracted area shall remain liable for it
s
pro

rata share of any existing warrant

and bonded indebtedness of the
original existing system
of public recreation
if such debt is

associated in whole, or in part, with assets which will be owned by the system
of public recreation

within the
detracted

area, otherwise, indebtedness shall be apportioned between the divided areas

according to their respective taxable valuations.

(c)

New system
s of public recreation
created by a division of an original existing system
of public recreation
pursuant
to

W.S. 18
‑
9
‑
203 through 18
‑
9
‑
205
shall not

be treated as a new or reorganized taxing entity for purposes of

W.S. 39
‑
13
‑
1
04(
m).

(d)

The board of

the newly established system of
public
recreation may expend

funds
as provided in W.S. 18
‑
9
‑
201
.

A levy of up to and not exceeding one (1) mill on the assessed valuation of

the newly established system of recreation is authorized to be imposed
by the county commissioners as provided in W.S. 18
‑
9
‑
201(b)
and
may be
assessed against property located within the boundaries of the newly established

system of
public
recreation.
Provided, however, a school
d
istrict whose boundaries

overlap
the newly established system of public
recreation shall not duplicate the levy

against the private property
of the electorate located within the boundaries of the

newly formed system of
public
recreation which are subject to the
imposition
of levy

under this section.

Section 2.
This act is effective July 1, 2013.

(END)

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SF0025