Special districts-limited term.

2015
STATE OF WYOMING
15LSO-0149
Numbered
2.1

HOUSE BILL

NO.

HB0199

Special districts-limited term.

Sponsored by:
Representative(s) Winters, Brown and Zwonitzer, Dn.

A BILL

for

AN ACT relating to special district elections; modifying the election process; requiring approval by electors after initial formation for continued operation of a special district as specified; providing applicability; and providing for an effective date.

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

Section 1
.

W.S. 22
‑
29
‑
103(b), 22
‑
29
‑
111
(a) through (c), (e)
,
(g), (h) and by creating a new subsection (j),
22
‑
29
‑
113(f) and (g),
22
‑
29
‑
114(a), 22
‑
29
‑
115(d) and

22
‑
29
‑
408 by creating a new subsection (c)
are amended to read
:

22
‑
29
‑
103
.

Applicability to special districts; general provisions.

(b)

T
his act specifies requirements pertaining to elections and changes in the organization of the districts listed in subsection (a) of this section where the principal act is silent or unclear. Except as provided by W.S. 22
‑
29
‑
401(
b),
22
‑
29
‑
111(j
) and 22
‑
29
‑
408(c),
the specific provisions of a principal act are effective and controlling to the extent they conflict with this act.
The requiremen
ts contained in W.S. 22
‑
29
‑
111(
j
) and 22
‑
29
‑
408(c) shall govern the
continued operation of the
districts listed in subsection (a) of this section
if the district is
formed after July 1, 2015.

22
‑
29
‑
111
.

Formation, continuation and initial director elections.

(a)

The electors shall vote on the formation of the district and for the initial directors. Votes for write
‑
in candidates for director shall be permitted.

The electors shall vote on the
continued operation of
districts as required by subsection (j) of this section.

(b)

The election
Elections

shall be conducted under the direction of the county clerk and shall be at the expense of the sponsors of the proposed
formation or contin
ued operation
of the
district. The sponsors may apply to the county for financial help under W.S.
22
‑
29
‑
113(c). If the proposed
district
or continued operation

is approved, and upon request of the sponsors or the county commissioners the special district shall reimburse the cost of the election.

(c)

The formation
or contin
ued operation
of the district is approved if a majority of the votes cast on the proposition vote "for" formation

or continued operation
.

(e)

An elector casting a ballot may vote for any director candidate or other questions relating to the district, regardless of whether he voted against formation
or continued operation
.

(g)

If the proposition to form
or
to
continue the operation of
the district fails,
the
any
director candidacy questions are null and void.

(h)

If
the

a
formation question
or the continued operation

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) days of the canvass.

(j)

For any special district formed after July 1, 2015, the electors shall vote on the continued operation of the special district twenty (20) years after its initial formation and every twenty (20) years thereafter so long as the district exists. The continued operation of any special district shall require approval by a majority of the qualified electors twenty (20) years after initial formation and every twenty (20) years thereafter. In the event the continued operation of the district shall fail as a result of being defeated at a public election, the district shall be dissolved in accordance with W.S. 2
2
‑
2
9
‑
408(c).

22
‑
29
‑
113
.

General provisions relating to special district elections.

(f)

In the event the establishment of a district shall fail by protest as provided in W.S. 22
‑
29
‑
109(
d), no action to establish such district, or any part thereof, may again be commenced for a period of six (6) months. In the event the establishment
or continu
ed operation
of the district shall fail as a result of being defeated at a public election no action to establish such district, or any part thereof, may again be commenced for a period of one (1) year.

(g)

No informalities
in the conduct of the formation

or related matters or subsequent director
or continued operation

elections shall invalidate the formation
, continued operation
or election results if notice is given substantially as provided in this chapter and the election is fairly conducted.

22
‑
29
‑
114
.

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

(a)

The secretary of state, after consultation with the county clerks, shall promulgate rules setting forth election procedures for special districts to follow for the
formation and succeeding elections
, including elections required for continued operation
. These rules shall apply to mail ballot elections but shall conform
with
W.S. 22
‑
29
‑
115 and 22
‑
29
‑
116. These rules shall include the designation of polling places, appointment of election judges, polling place hours, filing periods, filing offices, ballot preparation, appointment of a canvassing board, term commencement, other provisions relating to canvass, recount, contests and other election procedures.

22
‑
29
‑
115
.

Mail ballot elections; definitions; general provisions.

(d)

Regardless of the number of voters within its boundaries, a special district may, by rule or bylaw of its governing body, conduct by mail ballot elections to enlarge, withdraw, merge, consolidate, dissolve
,
continue
or such other election required by the principal act. A special district may by rule or bylaw pay the return postage of mail and absentee ballots.

22
‑
29
‑
408
.

Dissolution without election.

(c)

For any special district formed after July 1, 2015, the election for dissolution required under W.S. 22
‑
29
‑
404 shall be dispensed with and the board of county commissioners shall declare the district dissolved if:

(
i
)

The continued operation of the district is not approved by a majority of the qualified electors at a public election as required under W.S. 22
‑
29
‑
111(b); and

(ii)

All existing indebtedness of the district is fully paid and retired.

Section 2
.

(a)

The joint corporations, elections and political subdivisions interim committee shall conduct a review of related statutes to ensure no conflicting or superfluous provisions exist
as a result of passage of this act
.

The committee shall report to the legislature prior to the 2016 budget session and shall include any draft legislation necessary to effectuate the recommendations.

(b)

This act shall not apply to a
ny special district formed prior to July 1, 2015.

Section
3
.

This act is effective July 1, 2015
.

(END)

1
HB0199