Municipal jurisdiction.

2017
STATE OF WYOMING
17LSO-0143
Introduced
1.2

SENATE FILE

NO.
SF0017

Municipal jurisdiction.

Sponsored by:
Joint Corporations, Elections & Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to municipalities; restricting extraterritorial jurisdiction asserted by a municipality; specifying procedures for a municipality to exercise extraterritorial jurisdiction; specifying applicability; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 16
‑
13
‑
101 is created to read:

Chapter 13
Extraterritorial Jurisdiction

16
‑
13
‑
101
.

Extraterritorial jurisdiction; authorization.

(a)

No
governing body or executive head of a municipality is authorized to exercise jurisdiction over an area
beyond the corporate
boundaries
of
a
municipality unless:

(i)

The exercise of extraterritorial jurisdiction is specifically authorized by statute;

(i
i
)

The
municipality
enacts
an ordinance specifying
all of the following
:

(A)

The statutory authority for which the jurisdiction may be asserted;

(B)

The
exercise of
jurisdiction which will be asserted;

(C)

The area beyond the corporate
boundaries
of the municipality
which will be brought within
its
jurisdiction.

(i
i
i)

The board of county commissioners of
a
county
in which extraterritorial
jurisdiction will be asserted
adopts
a resolution authorizing the
exercise of jurisdiction under the
ordinance
enacted
pursuant to paragraph (i
i
) of this subsection.
Upon the effective date of the resolution the ordinance shall be effective as to the unincorporated area of the county specified in the resolution.

(b)

An
ordinance
enacted and authorized
pursuant to this section shall be in effect
until nullified by

the board of county commissioners of
the
county containing
the
area over which jurisdiction has been asserted.

(c)

On and after January 1, 201
9
, any exercise of extraterritorial jurisdiction by a municipality shall be unlawful unless an ordinance is enacted and authorized in accordance with this section
.

Section
2
.

W.S.
15
‑
3
‑
202(b)
(intro) and
(ii)
, 15
‑
9
‑
103(a)(ii)

and 34
‑
12
‑
103 are
amended to read:

15
‑
3
‑
202
.

Jurisdiction beyond corporate limits; exception.

(b)

T
he mayor has
such
jurisdiction as may be vested in him by ordinance:

(ii)

Except as otherwise provided by this paragraph, i
n all matters excepting taxation within one
‑
half (1/2) mile of the corporate limits of the city.
The board of county commissioners of any county containing any area over which jurisdiction has been asserted pursuant to this paragraph may enact a resolution nullifying the ordinance as to any unincorporated area of the county subject to the ordinance. Upon the effective date of the resolution the ordinance shall no longer be effective as to the unincorporated area of the county specified in the resolution.

This paragraph shall not apply to an
y
unincorporated area
for which a c
ounty
has officially
adopted a comprehensive plan pursuant to W
.S. 18
‑
5
‑
20
2
(b)
.
With the consent of a municipality, a comprehensive plan or a plan under W.S. 9
‑
8
‑
301 may delegate functions to the municipality in whole or in part and exclusively or concurrently with county performance of the functions.

15
‑
9
‑
103
.

Definitions.

(a)

As used in this chapter, unless a different meaning is clearly indicated by the context:

(ii)

"Area of operation" means the area within the corporate limits of the municipality and the area within five (5) miles of those limits, except that it
does not
may
include any area which lies within the territorial boundaries of another incorporated city or town
unless
if
a resolution has been adopted by the governing body of the other city or town
declaring a need therefor
consenting to the inclusion and it may

include any unincorporated area
within five (5) miles of the corporate limits of the municipality if a resolution has been adopted by the county
commissioners of the unincorporated area consenting to the inclusion
;

34
‑
12
‑
103
.

Contents of plat; acknowledgment; approval by county commissioners or governing body of cities or towns; filing and recording.

Every
such
plat shall contain a statement to the effect that "the above or foregoing subdivision of (here insert a correct description of the land or parcel subdivided) as appears on this plat, is with the free consent, and in accordance with the desires of the undersigned owners and proprietors", which shall be signed by the owners and proprietors, and shall be duly acknowledged before some officer authorized to take the acknowledgement of deeds. The plat shall meet the approval of the board of county commissioners if it is of land situated without the boundaries of any city or town or by the governing body of the city or town if situated within the boundaries of such city or town.
When thus executed, acknowledged and approved, said plat shall be filed for record and recorded in the office of the clerk of the proper county;
P
rovided,
however, that any
such
plat of land
which is

adjacent to any incorporated city or town
,
or within one (1) mile of the boundaries of any such city or town
and which
is not
regulated by
zoning consistent with a
comprehensive plan adopted
pursuant to W.S. 18
‑
5
‑
202
(b)
, shall be jointly approved by both the board of county commissioners of
said

the
county and the governing body of
said
the

city or town before same shall be filed and recorded in the office of the county clerk as aforesaid.

When executed, acknowledged and approved as provided in this section the plat shall be filed for record and recorded in the office of the clerk of the proper county.

Section

3
.

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)

1
SF0017