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22LSO-0296
2022
STATE OF WYOMING
22LSO-0296
Numbered
2.0
HOUSE BILL NO. HB0148
Special districts-animal control districts.
Sponsored by: Representative(s) Zwonitzer
A BILL
for
AN ACT relating to agriculture, livestock and other animals; authorizing the creation of animal control districts; providing for administration of animal control districts through a board of directors; establishing duties and powers of animal control district boards; granting rulemaking authority for operations of the district; specifying funding options for districts; requiring the vote of electors to implement a tax; repealing a prior provision; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 11
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31
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401 through 11
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31
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406 are created to read:
ARTICLE 4
ANIMAL CONTROL DISTRICTS
11
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31
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401.
Creation of animal control districts, generally; definitions.
(a)
Each county may create an animal control district. Each district shall be known as the "Animal Control District of . . . County, Wyoming," and the district may hold property, sue and be sued and be a party to suits and contracts.
(b)
Animal control districts may be established:
(i)
By the board of county commissioners of each county; or
(ii)
In accordance with the procedures for petitioning, hearing and election of special districts set forth in the Special Districts Elections Act of 1994.
(c)
As used in this act:
(i)
"Board" means the board of directors of an animal control district;
(ii)
"District" means an animal control district as organized under the terms of this act;
(iii)
"Voter" means a person who is a qualified elector or an owner of land in an animal control district or proposed district.
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31
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402.
Administration of districts by district boards; elections, filling of vacancies.
(a)
The affairs of each district shall be administered by a board of directors, each director shall be a resident of the county in which the district is
formed. Each district may cooperate with the municipalities within the district in a joint animal control program.
(b)
An election of six (6) directors shall be held at the next general election following the establishment of the district. At that election three (3) directors shall be elected for four (4) year terms and three (3) for two (2) year terms. At each subsequent election, directors shall be elected for and serve four (4) year terms.
(c)
Any vacancy in a district director office shall be declared and filled pursuant to W.S. 22
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29
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201 and 22
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29
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202.
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31
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403.
Board of directors;
duties generally.
(a)
Each animal control district board of directors shall:
(i)
Implement and pursue an effective animal control program and may cooperate with municipalities in a joint animal control program;
(ii)
Acquire or lease real property for the purposes of creating, operating and managing an animal shelter in the district or contract with municipalities in the district to operate existing animal shelters;
(iii)
Administer funds received pursuant to W.S. 11
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31
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405 and from other sources to carry out the animal control program;
(iv)
Hold regular meetings, which shall occur at least once each month and be open to the public;
(v)
Keep minutes of all meetings and a complete record of all official acts that shall be open for public inspection.
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31
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404.
Board of directors; powers generally.
(a)
Each animal control district board of directors may:
(i)
Cooperate with municipalities in a joint animal control program;
(ii)
Appoint employees and assistants to operate and maintain animal shelters and fix the employees' compensation;
(iii)
Employ animal control officers who shall have the authority to enforce the animal control regulations and ordinances of the county and municipalities within each district to further the purpose of the animal control program;
(iv)
Enter into cooperative agreements with boards of county commissioners, other animal control districts and federal or state agencies for purposes related to an animal control program;
(v)
Adopt rules and regulations necessary for proper operation of the district and shall file them with the county clerk of the county in which the district is located.
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31
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405.
Funding and donations.
(a)
The board of county commissioners may levy a tax not exceeding one (1) mill of assessed valuation upon the taxable property in the county of the district. The tax is not part of the general county or city mill levies. All taxes levied and collected shall be remitted to the district and shall be deposited into a separate fund which shall be used only to carry out the purposes of an animal control program.
(b)
Whether or not a tax levy is authorized under W.S. 11
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31
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406, each board of county commissioners may make appropriations from the county general fund to districts established under this act for the purpose of providing animal control programs.
(c)
The board of directors may receive donations and appropriations of money from any source, and such donations and appropriations shall be placed in the separate fund created in subsection (a) of this section.
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31
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406.
Imposition of tax; vote of electors required.
(a)
No tax shall be imposed under W.S. 11
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31
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405 until the proposition to impose the tax is submitted to a vote of the voters of the district and a majority of those casting their ballots vote in favor of imposing the tax.
Any tax imposed under this act shall be levied in the year following the election at which the imposition of the tax is approved.
(b)
The proposition to impose a tax under this act shall be at the expense of the county and may be submitted to the voters of the county upon receipt by the board of county commissioners of a petition requesting the proposition signed by a majority of the board of directors of the district.
The proposition shall be put on an election ballot at the direction and under the supervision of the board of county commissioners.
(c)
Subject to the limitation of subsection (b) of this section, the proposition to impose a tax under this act shall be submitted on an election date authorized under W.S. 22
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21
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103, or by mail ballot pursuant to W.S. 22
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29
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115 and 22
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116. A notice of election shall be given by the county clerk in at least one (1) newspaper of general circulation published in the county wherein the election is to be held and shall specify the object of the election.
The notice shall be published at least once each week for a thirty (30) day period preceding the election.
At the election the ballots shall contain the words "for the animal control district tax" and "against the animal control district tax".
Upon the initial submission of the animal control district tax, or upon any renewal, the district board shall choose one (1) of the following options and the words of the chosen option shall be clearly printed in the appropriate area on the election ballot:
(i)
If this proposition is approved, the same proposition shall be submitted at the second following general election or by mail ballot pursuant to W.S. 22
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29
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115 and 22
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29
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116, and at succeeding general
elections or by mail ballot pursuant to W.S. 22
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29
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115 and 22
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29
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116, every four (4) years until the proposition is defeated; or
(ii)
If this proposition is approved, the tax shall remain in effect until a petition to discontinue the tax, signed by not less than ten percent (10%) of the voters of the district, is received by the board of county commissioners, and the proposal to discontinue the tax is approved by the voters.
The proposal to discontinue the tax shall be submitted to the voters of the district at the expense of the county at the next general election or by mail ballot pursuant to W.S. 22
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29
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115 and 22
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29
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116 for approval or disapproval.
Section 2.
W.S. 11
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31
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301(j) is repealed.
Section 3
.
This act is effective July 1, 2022
.
(END)
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HB0148