Improvement and service districts-limitations.

21LSO-0090
2021
STATE OF WYOMING
21LSO-0090
Numbered
2.0

HOUSE BILL NO. HB0016

Improvement and service districts-limitations.

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

A BILL

for

AN ACT relating to improvement and service districts; providing a limitation on the imposition of fees, charges, mill levies, taxes and other assessments by improvement and service districts; providing exceptions; providing a limitation on the imposition of rules, regulations and procedures by improvement and service districts; and providing for an effective date.

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

Section 1
.

W.S. 18
‑
12
‑
142 is created to read:

18
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12
‑
142.

Limitation on fees, charges, mill levies, taxes and other assessments; exceptions.

(a)

Except as otherwise provided in this section, a district shall not impose any fee, charge, mill levy, tax or other assessment, or adopt a budget that results in imposition of the same, that when aggregated would create a payment burden on landowners within the district that exceeds any limit stated in the district's original petition for formation on the maximum fee, charge, mill levy, tax or other assessment that may be imposed by the district.

A fee, charge, mill levy, tax or other assessment that results in a payment obligation of a landowner shall be calculated as a dollar amount and added with all fees, charges, mill levies, taxes and other assessments, however designated, to determine the total payment burden of the landowner.

(b)

Any limitation on the maximum fee, charge, mill levy, tax or other assessment that may be imposed by the district stated in a district's original petition for formation:

(i)

Shall be calculated as a dollar amount determined at the time of the imposition for purposes of subsection (a) of this section;

(ii)

Shall apply to all local improvement districts created under W.S. 18
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12
‑
140;

(iii)

May be eliminated, reduced or increased if approved by a majority of the qualified voters of the district by mail ballot election pursuant to W.S. 22
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29
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116 or concurrently with any other district election.

(c)

Any district taxpayer or payer of any district fee, charge or other assessment may bring suit to enjoin a violation of subsection (a) of this section, provided that the suit is filed within one hundred twenty (120) days of the taxpayer's or payer's receipt of actual or constructive notice of the district's action in violation of subsection (a) of this section.

(d)

The prohibition in subsection (a) of this section shall not apply to an assessment imposed for the payment of any bond issued pursuant to this act.

Section 2.

W.S. 18
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12
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102(a)(xi) and 18
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12
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114(b) are amended to read:

18
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12
‑
102.

Definitions.

(a)

As used in this act:

(xi)

"This act" means W.S. 18
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12
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101 through
18
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12
‑
141
18
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12
‑
142
;

18
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12
‑
114.

Compensation; officers; rules and regulations; meetings.

(b)

The board shall adopt rules, regulations and procedures for the district whether or not included in its bylaws, including those to govern the use and enjoyment of public improvements, facilities and services of the district.
The board shall not adopt any rule, regulation or procedure in excess of the district's petition for formation or grant of authority to the district, including authority granted through the process established in W.S. 18
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12
‑
141.

Section 3
.

This act is effective July 1, 2021
.

(END)

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HB0016