Notice requirements special district elections.

ORIGINAL
House
Bill No
.
HB0128

ENROLLED ACT NO.

44
,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015
General Session

AN ACT relating to special district elections; amending specified time requirements for issuance of notice to business days; creating a definition; and providing for an effective date.

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

Section 1
.

W.S.
22
‑
29
‑
102(a) by creating a new paragraph (iii) and by renumbering (iii) as (iv)
, 22
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29
‑
103(e)(i)
, 22
‑
29
‑
107(b), 22
‑
29
‑
109(a)(ii)(intro)
and
(d), 22
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29
‑
110(c), 22
‑
29
‑
111(h), 22
‑
29
‑
112(e), 22
‑
29
‑
114(e)
(intro)
, 22
‑
29
‑
118, 22
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29
‑
401(a)(iv), 22
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29
‑
404(a)
and
22
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29
‑
501(b) and (e) are amended to read:

22
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29
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102
.

Definitions.

(a)

As used in this act:

(iii)

"
Business day
"
means any day other than Saturday, Sunday or a legal holiday in this state as designated in W.S. 8
‑
4
‑
101;

(iii)
(iv)

"This act" means W.S. 22
‑
29
‑
101 through 22
‑
29
‑
601.

22
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29
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103
.

Applicability to special districts; general provisions.

(e)

All special districts shall file a copy of the document authorizing formation or modification of boundaries, a citation to the law under which it is formed and a copy of an official map or legal description designating the geographical boundaries of the district or the changes to its geographical boundaries with the department of revenue, the county assessor and the county clerk in the county or counties within which the entity is
located in accordance with the department's rules adopted pursuant to W.S. 39
‑
11
‑
102(c)(xxiv) regarding tax districts and as follows:

(i)

Within ten (10)
business

days after the effective date of formation; and

22
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29
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107
.

Requirements of filing petition; validity and certification of signatures.

(b)

Within ten
(10)
business
days after the date a petition is offered for filing, the county clerk or district secretary, as the case may be, shall examine the petition and determine whether it is signed by the requisite number of qualified signers. If the requisite number of qualified signers have signed the petition, the county clerk or district secretary shall file the petition. If the requisite number have not signed, the county clerk or district secretary shall so notify the chief petitioners and may return the petition to the petitioners.

22
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29
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109
.

County commissioners' action on formation petition.

(a)

A petition for formation of a district shall be filed with the county commissioners. Before the petition is filed, the county assessor and the department of revenue shall review, within sixty (60) days of receiving notice of the petition, the boundaries of the proposed district for any conflict, overlap, gap or other boundary issue and make written comments thereon to be submitted with the petition. Further, the petition shall be approved by any agency required by the principal act to approve the petition. If the petition satisfies all requirements of the principal act, the county commissioners shall:

(ii)

The county commissioners shall cause notice of the hearing to be posted in at least three (3) public places and published by two (2) insertions in a newspaper of general circulation in that county or counties in which all or any part of the district is proposed to be located. The last of the notices shall be published at least ten (10)
business

days prior to the hearing. The notice shall state:

(d)

If the county commissioners determine, after consultation with the county assessor, that any land has been improperly omitted from the proposed district and that the owner has not appeared at the hearing, the commissioners shall continue the hearing and shall order notice given to the nonappearing owner requiring the owner to appear before it and show cause, if any, why the land of the owner should not be included in the proposed district. The notice shall be given either by posting and publication, in the same manner as notice of the original hearing and for the same period, or by personal service on each nonappearing owner. If notice is given by personal service, service shall be made at least ten (10)
business

days prior to the date fixed for the further hearing.

22
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29
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110
.

County clerk to publish proclamation; filing period.

(c)

The county clerk shall publish a sample ballot with the question of formation and candidates for directors together with any other ballot proposition at least once in a newspaper of general circulation in each county in which all or part of the proposed district is located, at least ten (10)
business

days prior to the election.

22
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29
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111
.

Formation and initial director election.

(h)

If the formation question is approved, the county clerk shall send written notice of the formation to the public funds division of the department of audit within ten (10)
business

days of the canvass.

22
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29
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112
.

Subsequent director elections.

(e)

The name of all qualified candidates shall be published in a newspaper of general circulation in each county in which the district is located not later than ten (10)
business

days prior to the date of such election.

22
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29
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114
.

Election procedures for elections other than mail ballot elections; canvass, recount and contests.

(e)

Any special district election conducted by the county clerk shall be canvassed by the county canvassing board or a canvassing board appointed by the county clerk, consisting of two (2) electors and the county clerk. If more than one (1) county is involved, the election shall be canvassed in accordance with chapter 16 of the Wyoming Election Code of 1973, as amended, by a canvassing board drawn from the membership of the appropriate county canvassing boards appointed by the appropriate county commissioners. The commissioners shall notify the county clerks of the canvassing board appointments. Any special district election not conducted by a county clerk shall be canvassed by a special district canvassing board. The special district canvassing board shall consist of the district secretary and two (2) electors appointed by the district board. Any canvass shall be conducted in accordance with chapter 16 of the Wyoming Election Code of 1973, as amended. The canvass shall be conducted within seven (7)
business

days of the election. The canvassing board shall have the authority to call for a special election in accordance with W.S. 22
‑
16
‑
122. The canvassing board shall:

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29
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118
.

Directors; oath of office.

All directors, whether elected or appointed, shall, within ten (10)
business
days after notification of election or appointment, take the oath of office provided in Wyoming constitution, article VI, section 20, before an officer authorized to administer oaths. The director shall also complete the written oath and without delay transmit a copy of the oath in writing to the respective county clerks for the first election and to the secretary of the district thereafter.

22
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29
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401
.

Dissolution procedure.

(a)

Dissolution of a district may be initiated:

(iv)

Within five (5)
business
days after a petition is filed or a resolution of a county commission is adopted under this section, a copy shall be filed with the district secretary, if any, or with any other district officer who can with reasonable diligence be located;

22
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29
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404
.

Election on dissolution; consent of creditors; content of notice.

(a)

Within ten (10)
business
days after the district directors file the plan of dissolution and liquidation required by W.S. 22
‑
29
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402, the district directors shall call an election to be held not less than ninety (90) days nor more than one hundred twenty (120) days after the filing of the plan of dissolution or liquidation for the purpose of submitting to the voters of the district the question of whether the district shall be dissolved, its indebtedness liquidated and its assets disposed of in accordance with the plan proposed. No election shall be called until the consent of all known holders of valid
indebtedness against the district is obtained or provision is made in the plan for payment of the nonconsenting holders. The notice of the election shall contain a brief summary of the plan of dissolution and liquidation and state that the plan of dissolution is available for examination at the office of the county clerk.

22
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29
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501
.

Political action committees.

(b)

A political action committee shall file a statement of formation within ten (10)
business
days after formation. The chairman and treasurer of a committee shall be separate individuals. The statement of formation shall list the name and mailing address of the committee, name and address of the committee chairman and treasurer, date the committee was formed and the purpose of the committee. The statement of formation shall be filed in the office of the county clerk of the county or counties in which the district is located or is to be located.

(e)

Every political action committee shall file a fully itemized statement of receipts and expenditures within ten (10)
business
days after any special district ballot proposition election. The statement shall set forth the full and complete record of receipts including cash, goods or services and of actual and promised expenditures, including all identifiable expenses as set forth in W.S. 22
‑
25
‑
103. The date of each receipt of twenty
‑
five dollars ($25.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. All receipts under twenty
‑
five dollars ($25.00) shall be reported but need not be itemized. Should the accumulation of receipts from an individual exceed the twenty
‑
five dollar ($25.00) threshold, all receipts from that individual shall be itemized.

Section
2
.

This
act is effective July 1,
2015
.

(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