Housing authorities.

2018
STATE OF WYOMING
18LSO-0355
Numbered
1.2

HOUSE BILL

NO.
HB0135

Housing authorities.

Sponsored by:
Representative(s) Schwartz, Gierau and Halverson and Senator(s) Christensen

A BILL

for

AN ACT relating to municipalities and counties; amending powers which may be exercised by a housing authority; authorizing the appointment of additional commissioners to a regional housing authority as specified; authorizing staggered terms for regional housing authority commissioners; and providing for an effective date.

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

Section 1
.

W.S. 15
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10
‑
115(a)(intro)
and
15
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10
‑
116(b), (c)
(intro),

(
iii) and (f) are amended to read:

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10
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115
.

Powers which may be exercised by municipality or county or by authority.

(a)

A municipality or county may exercise its housing project powers or, if its governing body determines such action to be in the public interest, may establish a housing authority pursuant to W.S. 15
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10
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116 and elect to have
these
its housing project
powers exercised by
it
the housing authority as provided in this subsection
. A housing authority so established

is vested with all
shall only have the
powers conferred by this chapter on municipalities and counties
as authorized by the governing body of the municipality or county,
except that the following functions
must
shall
be exercised by the municipality or county itself:

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10
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116
.

Housing authority; creation; form; commissioners; proceedings; officers, agents; proof of establishment.

(b)

If the governing body of each of two (2) or more municipalities or counties, or combinations of
municipalities and counties, has made the finding prescribed in W.S. 15
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10
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102, has taken the necessary action to cooperate with one another and has elected as provided in W.S. 15
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115 to have its housing project powers exercised by a housing authority created for all the municipalities or counties so joining or cooperating, a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all these municipalities or counties or combinations thereof. Additional municipalities or counties may elect to have the regional authority exercise their powers

as provided in W.S. 15
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115
upon taking the actions specified in this subsection, and with the consent, by resolution, of all the municipalities and counties having elected to have their powers exercised by the regional authority.

(c)

If a housing authority has been created and authorized

by a municipality or county
to exercise

its
housing project powers

as provided in W.S. 15
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115
, commissioners of the authority shall be appointed as follows:

(iii)

In the case of a regional housing authority, the governing body of each municipality and county participating shall appoint one (1) person as a commissioner of the authority. If only two (2) municipalities or counties or a combination thereof are participating, the commissioners appointed by the governing bodies of the participants shall appoint one (1) additional commissioner

unless
the governing bodies of the participants agree to each appoint one (1) additional commissioner, in which case the four (4) commissioners appointed by the two (2) governing bodies shall
,

upon authorization
of
the governing bodies
,

appoint one (1) additional commissioner. If three (3) or four (4) municipalities or counties or a combination thereof are participating, the commissioners appointed by the governing bodies of the participants may, upon authorization of a majority of the governing bodies, appoint additional commissioners provided that the authority shall not exceed
a total of
five (5) commissioners
. The commissioners of a regional authority shall be appointed for terms of five (5) years, except that all vacancies shall be filled for the unexpired term

and upon formation of the authority, the
governing bodies of
the participants
may, with unanimous consent, stagger the initial terms of the commissioners
;

(f)

In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, an authority is conclusively deemed to be established and authorized to transact business and exercise its powers upon proof of compliance with the provisions of
paragraphs
paragraph
(c)(i
) or (ii) of this section, as the case may be. A copy of the resolutions required to be adopted by the governing body electing to have its housing project powers exercised by a housing authority

as provided in W.S. 15
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115
shall be filed with the clerk. A copy of the resolution duly certified by the clerk is admissible in evidence in any suit, action or proceeding.

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)

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HB0135