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HB0072 • 2021

Transfer of water and sewer district operations.

AN ACT relating to water and sewer districts; authorizing the assumption of water and sewer district operations, assets and liabilities by cities and towns as specified; requiring the dissolution of water and sewer districts as specified; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Sweeney
Last action
2021-04-07
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The official source material does not provide additional details beyond the summary text, so some uncertainties remain.

Transfer of Water and Sewer District Operations

The bill allows cities or towns to take over water and sewer district operations within their boundaries and requires the dissolution of those districts.

What This Bill Does

  • Allows a city or town to assume part or all of a water and sewer district's property, facilities, and equipment if it lies partly inside the city or town.
  • Requires the water and sewer district to transfer its assets to the city or town when operations are taken over.
  • Requires cities or towns to cover any liabilities from the districts they take over.
  • Requires dissolved districts to file a certificate of dissolution with state officials.

Who It Names or Affects

  • Water and sewer districts
  • Cities and towns

Terms To Know

Assets
Things owned by the district, like property or equipment.
Liabilities
Money that the district owes to others.

Limits and Unknowns

  • The bill does not specify how much of a district's operations can be taken over.
  • It is unclear what happens if a city or town cannot cover all liabilities from a district they take over.
  • This bill was marked as inactive and did not pass.

Bill History

  1. 2021-04-07 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2021-03-22 House

    H No report prior to CoW Cutoff

  3. 2021-02-04 House

    H Introduced and Referred to H07 - Corporations

  4. 2021-01-21 House

    H Received for Introduction

  5. 2021-01-19 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0215
2021
STATE OF WYOMING
21LSO-0215
Numbered
2.0

HOUSE BILL NO. HB0072

Transfer of water and sewer district operations.

Sponsored by: Representative(s) Sweeney, Duncan, Gray, Harshman, Henderson, MacGuire, Schwartz and Zwonitzer and Senator(s) Landen

A BILL

for

AN ACT relating to water and sewer districts; authorizing the assumption of water and sewer district operations, assets and liabilities by cities and towns as specified; requiring the dissolution of water and sewer districts as specified; and providing for an effective date.

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

Section 1
.

W.S. 41
‑
10
‑
158 is created to read:

41
‑
10
‑
158.

Assumption of district operations, property, facilities and liabilities by a city or town; dissolution.

(a)

In accordance with the provisions of this section, a city or town may by ordinance assume the operation and ownership of a part or all of a district's property, facilities or equipment for any district that lies at least partially within the boundaries of the city or town.

(b)

When a city or town assumes the operation and ownership of a part or all of the property, facilities and equipment of a district under subsection (a) of this section, the district shall transfer all of its assets to the city or town. The city or town shall make provision for meeting all liabilities of the district through assumption or by other lawful means. No such assumption or other action taken under this section shall materially impair existing obligations of contract of either the city or town or the district. Upon transfer of all district assets and provision for meeting all liabilities of the district in accordance with this subsection, the district shall dissolve

and a certificate to such effect shall be signed by the clerical officer of the city or town and filed with
the secretary of state and any county clerk and recorder of any county in which the order establishing the district is filed.

(c)

A city or town may assume the operation and ownership of a part or all of a district's property, facilities and equipment in accordance with this subsection. A city or town may elect by ordinance to require a district to transfer that part of its operations, facilities or equipment within the city or town or so much of the district's operations, facilities or equipment outside the boundaries of the city or town that the city or town chooses to assume, and that portion of the district's assets and liabilities capable of being apportioned on a pro rata basis based upon the assessed value of the property within the area to be assumed as a percentage of the overall assessed value of the property served by the district to the city or town. The city or town shall make provision for meeting the district liabilities transferred to the city or town through assumption or by other lawful means. No such assumption or other action taken under this section shall materially impair existing obligations of
contract of either the city or town or the district. A city or town shall structure transfers under this subsection:

(i)

In an equitable manner;

(ii)

To ensure district solvency; and

(iii)

To ensure that the district can continue to provide services to those areas within the district's boundaries that are outside of the area being assumed.

Section 2
.

This act is effective July 1, 2021
.

(END)

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HB0072