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SF0027 • 2022

Dissolution of county boards-authority.

AN ACT relating to counties; authorizing the board of county commissioners to dissolve county-created boards as specified; specifying requirements for dissolution; amending the duties of county commissioners; making conforming amendments; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Judiciary
Last action
2022-03-16
Official status
enrolled
Effective date
7/1/2022

Plain English Breakdown

The official bill text does not explicitly mention allowing public comment both at the meeting and in writing. This claim was removed as it is not supported by the provided source material.

Dissolution of County Boards

This law allows county commissioners to dissolve certain boards and districts they created, with specific procedures for doing so.

What This Bill Does

  • Gives county commissioners the power to dissolve boards or districts that were set up by them.
  • Requires county commissioners to give written notice and hold a public meeting before dissolving a board or district.
  • Specifies how assets of dissolved boards or districts should be handled, including paying off debts and distributing remaining funds.

Who It Names or Affects

  • County commissioners who can dissolve certain boards and districts.
  • Boards and districts that are created by county commissioners and may be dissolved under this law.

Terms To Know

Dissolution
The process of ending the existence of a board or district.
Assets
Money, property, and other valuable things owned by an organization.

Limits and Unknowns

  • Does not specify all reasons for dissolution but requires that it is in the best interest of county residents.
  • The law does not apply to boards or districts created without permission from county commissioners.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0027H2001

2nd reading • Representative Larsen

Divided

Plain English: The amendment adds requirements for county boards to disclose their intent to dissolve other boards or districts and ensures that dissolutions are not arbitrary.

  • Requires the board of county commissioners to announce its intention to dissolve a specified board or district at a regular meeting, providing written notice to the affected entity at least thirty days in advance.
  • Specifies that the affected board or district must be given an opportunity to respond during the announced meeting.
  • Adds a new subsection (d) prohibiting arbitrary and capricious dissolutions by county commissioners.
  • The amendment text does not specify what happens if the requirements are not followed, leaving some uncertainty about enforcement or consequences.
SF0027H2001.01

2nd reading • Representative Larsen

Corrected, Corrected, Adopted

Plain English: The amendment adds a requirement for county commissioners to give notice before dissolving a board or district, allowing the affected entity time to respond.

  • County commissioners must disclose their intent to dissolve a board or district at a regular meeting and provide written notice to the affected entity at least 30 days in advance.
  • The affected board or district is given an opportunity to respond during the required meeting.
  • The amendment does not specify what happens if the affected board or district disagrees with the proposed dissolution.
SF0027H2001.02

2nd reading • Representative Larsen

Corrected, Corrected, Failed

Plain English: The amendment adds a new requirement that county boards must consider whether dissolving other boards or districts would be fair and beneficial for the people living there.

  • Adds a new subsection (d) to prevent county commissioners from dissolving other boards or districts if it is not in the best interest of the residents.
  • The amendment does not specify what exactly constitutes 'arbitrary and capricious' actions, leaving some room for interpretation.
  • It's unclear how this new requirement will be enforced or what consequences there might be if a county board violates it.
SF0027H2002

2nd reading • Representative Oakley

Failed

Plain English: The amendment to SF0027 removes specific references and punctuation in the bill text, altering how county boards can be dissolved.

  • Removes the reference to '18-11-101' from multiple places in the bill.
  • Deletes certain lines that specify requirements for dissolving county-created boards.
  • Modifies punctuation around specific sections of the bill.
  • The exact impact on how county boards can be dissolved is unclear due to incomplete information about what was originally referenced or deleted.
SF0027HW001

Committee of the Whole • Representative Sommers

Adopted

Plain English: The amendment removes specific language and sections from the bill regarding county board dissolution procedures.

  • Removes text after '(vi)' on page 5, line 8.
  • Deletes 'subsection (c)' on page 5, line 9.
  • Eliminates '18-10-103,' from page 5, line 18.
  • Completely removes lines 14 through 22 on page 6.
  • The exact impact of these deletions is not fully explained in the amendment text provided.
SF0027HW002

Committee of the Whole • Representative Sommers

Failed

Plain English: The amendment adds specific reasons why county-created boards can be dissolved by the board of county commissioners.

  • Adds six reasons for dissolving a county-created board, including when the board's purpose is fulfilled or neglected its duties.
  • Modifies existing text to refer to these new reasons correctly.
  • The amendment does not explain how the dissolution process works beyond specifying the reasons for it.
SF0027SS001

Standing Committee • Senate Judiciary Committee

Adopted

Plain English: The amendment adds requirements for county boards to resolve contracts, agreements, and obligations before dissolving, and also mandates that county commissioners ensure the preservation of museum artifacts and collections.

  • Adds a new requirement (C) stating that all contracts, regulatory agreements, and other obligations must be resolved or reassigned when a board or district is dissolved.
  • Inserts language requiring county commissioners to cooperate with appropriate authorities in preserving museum artifacts and collections.
  • The amendment text does not specify how the preservation of museum artifacts and collections will be enforced or what 'appropriate authorities' means, leaving some details unclear.

Bill History

  1. 2022-03-16 LSO

    Assigned Chapter Number 92

  2. 2022-03-16 Governor

    Governor Signed SEA No. 0029

  3. 2022-03-09 House

    H Speaker Signed SEA No. 0029

  4. 2022-03-09 Senate

    S President Signed SEA No. 0029

  5. 2022-03-09 LSO

    Assigned Number SEA No. 0029

  6. 2022-03-09 Senate

    S Concur:Passed 25-4-1-0-0

  7. 2022-03-08 Senate

    S Received for Concurrence

  8. 2022-03-08 House

    H 3rd Reading:Passed 48-10-2-0-0

  9. 2022-03-07 House

    H 2nd Reading:Passed

  10. 2022-03-04 House

    H COW:Passed

  11. 2022-02-25 House

    H Placed on General File

  12. 2022-02-25 House

    H07 - Corporations:Recommend Do Pass 8-0-1-0-0

  13. 2022-02-23 House

    H Introduced and Referred to H07 - Corporations

  14. 2022-02-21 House

    H Received for Introduction

  15. 2022-02-21 Senate

    S 3rd Reading:Passed 29-1-0-0-0

  16. 2022-02-18 Senate

    S 2nd Reading:Passed

  17. 2022-02-17 Senate

    S COW:Passed

  18. 2022-02-17 Senate

    S Placed on General File

  19. 2022-02-17 Senate

    S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0

  20. 2022-02-15 Senate

    S Introduced and Referred to S01 - Judiciary 28-2-0-0-0

  21. 2022-01-19 Senate

    S Received for Introduction

  22. 2022-01-12 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 22LSO-0121
Bill No.:

SF0027

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0121

Enrolled Act No.:

SEA No. 0029

Chapter No.:

92

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Dissolution of county boards-authority.

Subject:

Authorizing counties to dissolve certain boards and imposing dissolution requirements.

Summary/Major Elements:

This act grants express authority to each board of county commissioners to dissolve certain boards and districts that the board of county commissioners is authorized to create. The act specifies procedures for dissolution, including the disposition of assets and requirements for a public declaration of the intent to dissolve, a public meeting, and public comment before proceeding with the dissolution. The board or district proposed to be dissolved must also be given a chance to respond to the proposed dissolution.

The act authorizes the boards of county commissioners to dissolve boards of trustees for fairgrounds, airports, parks, pleasure grounds, and solid waste disposal districts.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
22LSO-0121

ORIGINAL Senate

ENGROSSED
File No
.
SF0027

ENROLLED ACT NO. 29,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to counties; authorizing the board of county commissioners to dissolve county-created boards as specified; specifying requirements for dissolution; amending the duties of county commissioners; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 18
‑
3
‑
525 is created to read:

18
‑
3
‑
525.

Dissolution of boards; procedure.

(a)

Each board of county commissioners may dissolve any board or district created under W.S. 18
‑
10
‑
103, 18
‑
11
‑
101 or chapter 9, article 1 of this title in accordance with the following:

(i)

Before any dissolution authorized under this subsection, the board of county commissioners shall at a regular meeting disclose its intent to dissolve a specified board or district. Not later than thirty (30) days before the meeting required under this paragraph, the board of county commissioners shall provide written notice of the date, time and location of the meeting to the affected board or district, which notice shall include an explanation substantiating the reasons for the proposed
dissolution. The affected board or district shall be provided sufficient opportunity at the meeting required under this paragraph to respond to the proposed dissolution;

(ii)

Not later than one hundred twenty (120) days before the proposed dissolution, the board of county commissioners shall publish not less than two (2) times in the newspaper designated under W.S. 18
‑
3
‑
517 a plan to dissolve and terminate the board or district previously created. The plan shall provide for, at a minimum:

(A)

Payment of all bonded and other indebtedness against the board or district;

(B)

The disposition of assets in accordance with the following:

(I)

Any surplus funds remaining to the credit of the board or district, after payment of the indebtedness of the board or district, shall be transferred to the county treasurer for disposition as provided in subdivision (II) of this subparagraph. If the assets of the board or district are insufficient, the board or district shall levy taxes, within the limits of the board's or district's authority, for the liquidation of the indebtedness;

(II)

Any surplus funds remaining shall be disposed of as provided under one (1) of the following procedures, as selected by the county assessor:

(1)

The funds may be offset against the portion of the levies of taxing units levied against the property values of property within the board or district to be dissolved. If the funds are offset as provided under this subdivision, the funds shall be distributed to each taxing unit in the amount of that taxing unit's offset;

(2)

The amount may be credited to each property appearing on the tax roll within the dissolved district or board on the basis of current assessed value. If the surplus funds are distributed under this subdivision, the surplus funds shall be deposited in the unsegregated tax collections account established and distributed in the same manner as other funds in that account.

(C)

Resolution or reassignment of all contracts, regulatory agreements and other obligations to which the board or district is a party.

(iii)

Not later than thirty (30) days before the proposed dissolution, the board of county commissioners shall hold a public meeting and provide an opportunity for public comment both at the meeting and in writing;

(iv)

After public notice and an opportunity for public comment has been completed, the board of county commissioners may revise the plan for dissolution and shall disapprove or approve by resolution the plan for dissolution and termination of the created board or district.

(b)

Upon approval and passage of a resolution dissolving the created board or district, the created board or district shall take all actions necessary to effectuate the plan for dissolution and termination and dissolve and terminate the board or district.

(c)

Not later than ninety (90) days after the passage of a resolution dissolving the created board or district, the board or district shall terminate its existence.

Section 2.

W.S. 18
‑
3
‑
504(a) by creating a new paragraph (viii) and by amending and renumbering (viii) as (x), 18
‑
9
‑
101(a) by creating a new paragraph (v) and by renumbering (v) as (vi) and 18
‑
11
‑
101 by creating a new subsection (c) are amended to read:

18
‑
3
‑
504.

Powers and duties generally.

(a)

Each board of county commissioners may:

(viii)

Dissolve any board that the board of county commissioners has created under this article, W.S. 18
‑
11
‑
101 or under chapter 9, article 1 of this title in accordance with W.S. 18
‑
3
‑
525;

(viii)
(x)

Perform such other duties as prescribed by law
.
;

18
‑
9
‑
101.

Authority of board of commissioners to acquire property, appoint board of trustees; purposes and uses; authority to levy taxes, issue bonds or incur indebtedness; county fair fund.

(a)

Each board of county commissioners may:

(v)

Dissolve any board of trustees appointed under this subsection in accordance with W.S. 18
‑
3
‑
525;

(v)
(vi)

Perform such other acts necessary to carry out the provisions of this section.

18
‑
11
‑
101.

Solid waste disposal districts; creation.

(c)

The board of county commissioners may dissolve a solid waste disposal district established under subsection (a) of this section in accordance with W.S. 18
‑
3
‑
525.

Section 3
.

This act is effective July 1, 2022
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1