Early childhood development special districts.

23LSO-0524
2023
STATE OF WYOMING
23LSO-0524
Numbered
2.0

HOUSE BILL NO. HB0150

Early childhood development special districts.

Sponsored by: Representative(s) Yin, Berger, Byron and Storer and Senator(s) Schuler

A BILL

for

AN ACT relating to special districts; authorizing the creation of early childhood development special districts; providing for the formation, functions and powers of early childhood development special districts; authorizing the imposition of assessments; making conforming amendments; providing definitions; and providing for an effective date.

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

Section 1
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W.S. 18
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17
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101 through 18
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17
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111 are created to read:

CHAPTER 17
EARLY CHILDHOOD DEVELOPMENT SPECIAL DISTRICTS

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17
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101.

Definitions; applicability.

(a)

As used in this act:

(i)

"District" means an early childhood development special district as organized under the terms of this act;

(ii)

"Early childhood development services" means services provided to children from birth through eight (8) years of age, including but not limited to early care services, educational services, health services, mental health services and developmental services, including prevention and intervention;

(iii)

"Elector" or "voter" means a person who is a qualified elector or a landowner in the district;

(iv)

"Qualified elector" means a natural person who:

(A)

Is a citizen of the United States;

(B)

Is a bona fide resident of the district or proposed district;

(C)

Will be at least eighteen (18) years of age on the day of the election at which he may vote;

(D)

Is not currently adjudicated mentally incompetent;

(E)

Has not been convicted of a felony or if convicted has had his civil rights or voting rights restored; and

(F)

Is registered to vote.

(v)

"Resident" or "residence" means as defined in the Wyoming Election Code;

(vi)

"This act" means W.S. 18
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17
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101 through 18
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17
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111.

(b)

Unless in conflict with a provision of this act, the Special District Elections Act of 1994 shall govern early childhood development special districts.

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17
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102.

Districts authorized; general function.

(a)

An early childhood development special district, with boundaries of any area within county boundaries, may be formed in any county as provided by this act.

(b)

Any board of county commissioners shall submit the question of establishing a district to the county clerk not later than the first Monday in June in even
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numbered years for submission of the question of establishing the district to the resident electors of the proposed district at the next primary election if:

(i)

A majority of the board of county commissioners adopt a resolution favoring establishing a district; or

(ii)

The board of county commissioners receives a petition for the establishment of a district signed by qualified electors resident in the proposed district equal in number to at least fifteen percent (15%) of the qualified electors resident in the proposed district who voted in the last general election.

The county clerk shall verify the signatures before consideration by the board pursuant to this paragraph.

The petition shall state:

(A)

The proposed name of the district;

(B)

A description of the territory proposed to be organized as a district, which description need not be given by metes and bounds or by legal subdivisions, but is sufficient if generally accurate;

(C)

A request that the board of county commissioners define the boundaries for the district.

When more than one (1) petition is filed covering parts of the same territory, the board may consolidate all or any such petitions, or may exclude from any petition areas in conflict with another petition or petitions.

(c)

The ballot proposition for formation of a district shall appear substantially as follows:

Shall the (name of district) early childhood development special district be established with a maximum levy of .... mills (not to exceed two (2) mills) to be imposed on the taxable property of the district?

Yes □

No □

(d)

If the proposition to authorize a mill levy is approved by the qualified electors of the proposed district, the proposition to continue to impose a levy in the same or at a different amount not to exceed two (2) mills shall be submitted to the resident qualified electors within the proposed district at the first general election held two (2) years after the election authorizing the district and every four (4) years thereafter, until defeated. If the proposition to impose or continue a mill levy is defeated, the proposition shall not be submitted again to the electors for a period of not less than two (2) years.

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103.

When district considered established; failure to establish district.

If a majority of the electors in the proposed district voting at the election vote for the establishment of the proposed district, the board of county commissioners shall enter that fact upon its records and the district is established.

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17
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104.

District a body corporate; name; powers; duties.

(a)

Each district established under this act is a body corporate and shall be designated by the name of "the .... early childhood development special district."

(b)

The district may:

(i)

Hold property and be a party to contracts;

(ii)

Sue and be sued;

(iii)

Through its governing board, acquire property for district purposes by gift, devise, bequest or purchase or may contract for the acquisition, purchase or lease of real or personal property;

(iv)

Convey, lease and otherwise dispose of property for district purposes;

(v)

Establish sinking funds for district purposes;

(vi)

Provide early childhood development services in accordance with this act;

(vii)

Make rules and regulations as necessary for the proper operation of the district.

(c)

Before providing early childhood development services under this act, each district shall establish and publish a plan that describes:

(i)

The early childhood development services to be provided by the district;

(ii)

The persons who will be eligible to receive the early childhood development services to be provided by the district;

(iii)

The providers that will provide early childhood development services in the district;

(iv)

Options for financial aid for persons to receive early childhood development services within the district, if offered by the district or if available through another state or federal program;

(v)

Any other information required by the district.

(d)

The district shall make the plan available to the public on a district or county website. The district may amend the plan prepared under subsection (c) of this section at any time.

(e)

The district shall comply with all state and federal law when providing early childhood development services under this act.

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17
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105.

Election of trustees; generally.

(a)

The district shall be managed by a board of five (5) trustees who shall serve without compensation.

(b)

Members of the board shall be elected at the general election immediately following the primary election establishing the district. At the first board election, three (3) members shall be elected for two (2) year terms and two (2) members shall be elected for four (4) year terms and until their successors are elected and qualified at the regularly scheduled subsequent board election. The board members shall decide by lot which members shall serve these terms. Thereafter, members shall be elected for terms of four (4) years.

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17
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106.

Candidates to file petition; printing names of candidates on ballot; publication of names.

(a)

Candidates for the office of special district trustee on the district's board of trustees shall file an application in the office of the county clerk in substantially the following form:

APPLICATION FOR ELECTION FOR
EARLY CHILDHOOD DEVELOPMENT SPECIAL DISTRICT TRUSTEE

I, the undersigned, certify that I was born on ...., (year); and that I have been a resident of the State of Wyoming since ....; that I am a registered voter of the .... early childhood development special district and I do hereby request that my name, ...., be printed on the ballot of the election to be held on the .... day of ...., (year), as a candidate for the office of .... for a term of four (4) years.

I hereby declare that if I am elected, I will qualify for the office.

Dated:

....

.... (Signature of Candidate)

.... (Residence Address)

(b)

Except for the election of the initial board of trustees, applications under subsection (a) of this section shall be filed not more than ninety
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six (96) days and not later than seventy
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four (74) days prior to the election.

For the election of the initial board of trustees, applications shall be filed not later than ten (10) days after the primary election establishing the district.

(c)

All names filed shall be printed on a ballot and furnished to each elector at each polling place on the day of election.

Nothing in this section shall be construed to prevent a voter from writing in the name of any qualified person on the ballot.

The names of all persons filing as candidates shall be published in a newspaper of general circulation in the county not later than the Saturday preceding the election.

(d)

The official ballot shall contain the following information:

(i)

The name of the district;

(ii)

The number of offices to be filled, the length of term for each office and the number and names of candidates for each office for whom each voter is entitled to vote.

(e)

The names of candidates shall appear without party designation, one (1) name to a line.

The names of candidates shall be rotated by precinct.

Sufficient blank lines for write
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in candidates shall be provided for each office.

(f)

Unless otherwise provided, a district election shall be governed by the laws regulating statewide elections and be conducted and canvassed by the same election officials, using the same poll lists and at the same times and polling places, as county elections.

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107.

Vacancies on district board of trustees.

If a vacancy occurs on any district board of trustees, the vacancy shall be filled by appointment made by the board of trustees.

The appointee shall hold the office until his successor is elected and qualified.

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108.

Oath of trustees; bond.

(a)

All trustees shall, within ten (10) days after their election, appear before a person qualified to administer oaths and take an oath for the faithful performance of their duties in accordance with law and then shall transmit a written copy of the oath to the county clerk for the first election of a district's trustees and to the secretary of the district for each election of trustees thereafter.

(b)

Any district trustee authorized to handle funds, prior to entering upon the duties of his office, shall execute and file with the county clerk his bond with one (1) or more sureties to be approved by the county clerk, payable to the state of Wyoming in the penal sum of five thousand dollars ($5,000.00), conditioned upon the faithful performance by the trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office.

The premium, if any, on any bond shall be paid out of the funds of the district.

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109.

Selection of officers of board of trustees; quorum; trustees not to be interested in contracts, work done or property purchased by district.

(a)

Annually, not later than December 1, the board of trustees shall choose from their number a president, a treasurer and a secretary of the district.

(b)

The board of trustees may hold regular, special or recessed meetings as the board determines.

All meetings shall be in accordance with W.S. 16
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4
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401 through 16
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4
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408.

(c)

A majority of trustees constitutes a quorum for the transaction of board business.

(d)

No trustee shall be directly or indirectly interested financially in any contract, work done or property purchased by the district.

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110.

Administration of finances; assessment and levy of taxes.

The board of county commissioners, at the time of making levies for county purposes, shall levy a tax for that year upon the taxable property in the district for necessary expenses of the district as determined by the district board.

In no case shall the tax for the district exceed in any one (1) year the amount of two (2) mills on each dollar of assessed valuation.

The taxes shall be collected at the same time and in the same manner as state and county taxes.

The tax levy provided by this section is not part of the general county mill levy.

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17
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111.

Fund; disposition of revenue; contract requirements.

(a)

The revenues collected under the tax levy authorized by W.S. 18
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17
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110 shall be remitted by the county treasurer to the district to a separate account and shall be used solely for early childhood development services and for the payment of bond premiums authorized by W.S. 18
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108(b), but shall not be used for the purchase of real property or for capital construction expenditures.

(b)

The district may provide directly or contract for the provision of early childhood development services. Contracts for the provision of early childhood development services shall:

(i)

Require the provider, if an organization or agency, to be incorporated under the laws of this state as a nonprofit corporation prior to the receipt of any funds;

(ii)

Specify the manner in which the funds are expended and the programs or services provided;

(iii)

Require the provider of the program or services to present an annual budget for review by the district or its trustees to determine compliance with this act and for approval by the district.

Section 2.

W.S. 39
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13
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104(e) by creating a new paragraph (xv) is amended to read:

39
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13
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104.

Taxation rate.

(e)

There shall be annually levied and assessed upon the taxable value of property within the limits of the following special districts the following special district taxes when applicable:

(xv)

Not to exceed two (2) mills by an early childhood development special district as provided by W.S. 18
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17
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110.

Section 3
.

This act is effective July 1, 2023
.

(END)

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HB0150