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26LSO-0397
2026
STATE OF WYOMING
26LSO-0397
Numbered
2.0
HOUSE BILL NO. HB0188
County boards and special districts-board member elections.
Sponsored by: Representative(s) Haroldson and Senator(s) Pappas
A BILL
for
AN ACT relating to counties and special districts; requiring elections for county boards and special districts with expenditures or an annual budget over a specified amount; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 22
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29
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120 is created to read:
22
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29
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120.
County board and district directors; when director election is required.
(a)
As used in this section:
(i)
"County board" means any board for which the board of county commissioners appoint the directors of the board, including any board or district authorized under title 18 of the Wyoming statutes;
(ii)
"Director" includes directors, trustees, supervisors or members of a county board or special district.
(b)
Beginning with the 2028 general election and each general election thereafter and subject to subsection (e) of this section, the directors of a county board or special district shall be elected at each general election if:
(i)
The directors are not otherwise subject to election under this chapter or the applicable principal act;
(ii)
Under the terms of the applicable principal act, the directors are appointed or required to be appointed by the board of county commissioners or another entity specified in the principal act; and
(iii)
The average annual budget or the average expenditures of the county board or special district for the immediately preceding five (5) fiscal years, as determined on January 1 of the year of the general election, is not less than twenty million dollars ($20,000,000.00).
(c)
Any election required under this section shall be conducted in accordance with this act, unless the specific provisions of the applicable principal act are effective and controlling to the extent that they conflict with this section and act.
(d)
Any election required under this section shall be for all directors of the special district or county board, unless the terms of the members are otherwise specified in the applicable principal act.
(e)
The election specified in this section shall not be required if any of the following occur:
(i)
The average annual budget or average total expenditures of the county board or special district for the immediately preceding five (5) fiscal years, as determined on January 1 of the year of the general election, is or becomes less than twenty million dollars ($20,000,000.00); or
(ii)
Another law is enacted to expressly provide for the election of the directors of the county board or special district.
(f)
Upon an election no longer being required under this section and the expiration of the term of directors elected under this section, the directors of the county board or special district shall be appointed in accordance with the terms of the applicable principal act.
Section 2.
W.S. 10
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5
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202(a), 11
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16
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113(a)(intro), 11
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16
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118(a), 18
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7
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103(b), 18
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8
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104(a) and (b), 18
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9
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102(a) and (d), 18
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9
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201(a)(intro) and (c), 18
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10
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103(a), 18
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11
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102(a), 18
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13
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101(b), 18
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14
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101(b), 22
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29
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103 by creating a new subsection (g) and 35
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2
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1202 by creating a new subsection (b) are amended to read:
10
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5
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202.
Airport board; organization; corporate powers; personal liability; compensation; appointment of manager.
(a)
The authority and powers granted in W.S. 10
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5
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101 through 10
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5
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204 and the control of funds named may be under the control of an airport board. Upon majority vote of board members the board may issue revenue bonds, notes, warrants and other revenue securities in the same manner provided by W.S. 35
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2
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424 through 35
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2
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435 for trustees of hospital districts for the purposes of W.S. 10
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5
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101 through 10
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5
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204.
The board shall be appointed by the municipal or county governing body and consist of five (5) members, all of whom shall be qualified electors of the county in which they serve.
The selection of board members shall be subject to the election requirements of W.S. 22
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29
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120.
One (1) member of the board to be appointed for one (1) year; one (1) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years, and in each case until the first Monday in February following the expiration of the year. The municipal or county governing body in their January meeting of each year shall appoint a successor to the board member whose term shall expire during the year. Thereafter appointments for a full term shall be for five (5) years. Vacancies for unexpired terms shall be filled by appointment by the municipal or county governing body.
11
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16
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113.
Establishment of district.
(a)
If the commission determines the operation of the proposed district is administratively practicable, it shall appoint two (2) supervisors who are owners of land in the district
and who shall be subject to the election requirements of W.S. 22
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29
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120,
to act with three (3) supervisors elected as provided hereinafter as the governing body of the district. The district shall be a governmental subdivision of this state and a public body corporate and politic. The two (2)
appointed
landowner
supervisors shall present to the secretary of state an application signed by them setting forth by recital only and not in detail:
11
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16
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118.
District supervisors; term; vacancies; expenses; removal; quorum; bond required of employees; areas included in district; cooperative agreement with city.
(a)
The term of the two (2)
landowner
supervisors appointed
or elected
extends from their appointment
or election
until the second annual election held in the district. A supervisor shall hold office from his election or appointment and taking of the oath of office until his successor has been elected or appointed, and qualified. Vacancies shall be filled for the unexpired term. Vacancies in the office of any supervisor shall be filled by appointment by the commission upon the recommendations of the district supervisors, the appointee to serve until the next election at which time the vacancy shall be filled by the electors for the unexpired term. A supervisor shall receive no compensation for his services, but is entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties. Any supervisor may be removed by the commission upon notice and hearing, for neglect of duty or malfeasance in office.
18
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7
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103.
Library fund under control of board of directors; appointment, powers, duties, terms of directors; manner of filling vacancies on board.
(b)
Except as otherwise specified in this subsection, t
he county library board of directors shall be appointed by the county commissioners and shall be composed of not less than three (3) and not more than five (5) competent and responsible residents who are representative of the entire county and who shall serve without compensation. Before entering upon his duties the treasurer of the county library board shall execute and deposit with the county commissioners a good and sufficient bond for the faithful performance of his duties in an amount required by the county commissioners. The bond shall be payable to the people of the state of Wyoming and be approved by the county commissioners. One (1) director shall be appointed for one (1) year, one (1) director (or two (2) if the board consists of four (4) or five (5) members) shall be appointed for two (2) years, and one (1) director (or two (2), if the board consists of five (5) directors) shall be appointed for three (3) years, each term to commence on July 1 following the appointment. Thereafter the county commissioners shall before July 1 of each year appoint a director or directors to replace the retiring director or directors for a term of three (3) years and until a successor is appointed. A director may be appointed for two (2) consecutive terms and shall not be eligible for reappointment until two (2) years after the expiration of his second term.
The appointment of directors under this subsection shall be subject to the election requirements of W.S. 22
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120.
18
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8
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104.
Hospital generally under control of board of trustees; appointment, powers and duties of trustees; incorporation; use of funds for erection of hospital; term of lease; consolidation of hospitals; acquisition of land; removal of board member; filling of vacancies.
(a)
The erection, management and control of the county memorial hospital, county memorial hospital fund and all property and funds received for the benefit of the hospital shall be by a board of trustees composed of at least five (5) but not more than eleven (11) competent and responsible citizens of the county appointed by the board of county commissioners.
The appointment of trustees shall be subject to the election requirements of W.S. 22
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29
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120.
The number of members of any board of trustees shall be an odd number determined by the county commissioners.
The first board of trustees, or additional members to a board of trustees, as soon as appointed shall draw lots for the purpose of determining the term of each member of the board. Up to two (2) members of the original board or additional members of the board shall serve for a term of one (1) year, up to two (2) for a term of two (2) years, up to two (2) for a term of three (3) years, up to two (2) for a term of four (4) years and up to two (2) for a term of five (5) years after their appointment.
Terms thereafter shall be five (5) years, consecutively staggered.
Each trustee shall serve until the first Monday of July following the expiration of their term and the board of county commissioners annually at their meeting in June shall appoint a successor to the trustee or trustees whose term expires.
As soon as the original board has determined the terms of its members they shall organize by electing a president, secretary and treasurer of the board. As soon as they are organized they shall file with the county clerk and the secretary of state a certificate showing their organization, for which filing no fee or charge shall be paid.
Upon filing the certificate the board of trustees is a body corporate with power to sue and be sued under the name of "Board of Trustees of the Memorial Hospital of .... County".
No individual member of the board of trustees is personally liable for any action or procedure of the board.
The corporation has perpetual existence and it is not necessary to file any other or further certificate than that filed upon the original organization of the board of trustees.
(b)
Annually upon the appointment
or election
of a new member of the board, the trustees shall meet and organize by electing a president, secretary and treasurer. Each member of the board shall serve without compensation and the treasurer of the board shall give bond in such amount and with such sureties as approved by the board of county commissioners conditioned for the faithful performance of his duties and the full accounting for all monies received as treasurer. The board may allow and pay to the secretary such reasonable compensation as they deem proper for secretarial, accounting and other services required of him in addition to his general duties as a member of the board.
18
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9
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102.
Board of trustees.
(a)
The board of trustees provided by W.S. 18
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9
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101(a)(iii) shall be composed of not less than five (5) nor more than nine (9) competent citizens of the county appointed by the board of county commissioners
, subject to the election requirements of W.S. 22
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120
. Trustees shall serve five (5) year terms which shall be staggered.
The board of county commissioners shall annually appoint a successor to the trustee whose term expires
, subject to the election requirements of W.S. 22
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29
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120
.
The term of each succeeding trustee shall commence on the first Monday in January next following the date of his appointment
or election
.
A trustee may be appointed
or elected
for successive terms.
(d)
Each year when a new member of the board is appointed
or elected,
the trustees shall meet and again organize by electing a chairman, secretary and treasurer. Each member of the board shall serve without compensation and the board treasurer shall give bond in such amount and such securities as approved by the county commissioners conditioned upon the faithful performance of his duties and the accounting for all board monies. The board may pay the secretary such compensation as proper for secretarial, accounting and other services required of him apart from his duties as a member of the board.
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9
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201.
Recreational facilities and systems of public recreation; authority to establish and maintain; joint action by political subdivision; tax levies; removal.
(a)
The governing body of any city, town, county or school district either independently or jointly through any combination thereof, may establish a system of public recreation as provided by W.S. 18
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9
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101(a)(i) through (iii) and, if it does so, shall appoint a board of trustees to control, maintain and supervise the properties.
The appointment of trustees under this section shall be subject to the election requirements of W.S. 22
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29
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120.
In administering properties under this section, the board may:
(c)
The governing body which appointed the member of the board of trustees may remove that member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing.
Members of the board of trustees who were elected may be removed or suspended in accordance with W.S. 18
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3
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902 and 18
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3
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903.
Vacancies on the board of trustees shall be filled by the governing body for the balance of the unexpired term created by the vacancy.
18
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10
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103.
Board of trustees; appointment; composition; qualifications of members; terms of office; vacancies; removal.
(a)
Each board of county commissioners of any county owning, constructing or acquiring any museum or collection of exhibits shall appoint a board of trustees for the museum or collection composed of five (5) electors of the county
, subject to the election requirements of W.S. 22
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29
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120
. The initial board of trustees shall be appointed as follows: one (1) member for a one (1) year term, two (2) for a two (2) year term and two (2) for a three (3) year term, with each term commencing on July 1 of the year of appointment. Thereafter the terms shall be three (3) years. Vacancies shall be filled for unexpired terms.
18
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11
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102.
Powers; management; rates; penalty for violation of rules; removal.
(a)
Following the creation of a solid waste disposal district the board of county commissioners shall appoint not less than three (3) nor more than nine (9) residents of the district to constitute the governing board of the district
, subject to the election requirements of W.S. 22
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29
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120
. Appointees shall serve a term of three (3) years and may be reappointed.
Members of the governing board who are elected under W.S. 22
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120 shall serve a term of four (4) years and may be reelected, subject to W.S. 22
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120.
Terms of office shall be staggered. The governing board may exercise all powers granted to cities and towns by W.S. 15
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1
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103(a)(xxi) and (xl) and shall adopt rules and regulations in managing the disposal of solid wastes within the district. Violation of a rule or regulation of the governing board requiring disposal of solid wastes in designated sites constitutes a misdemeanor punishable upon conviction by a fine not to exceed seven hundred fifty dollars ($750.00) or imprisonment not exceeding six (6) months or both. A governing board may also enforce its rules and regulations by appropriate legal proceedings and expend and generate revenue relative to the purpose of a solid waste disposal district. The governing board may permit persons or entities not included within the district to utilize the facilities of the district. The governing board may impose fees upon persons or entities included within or outside of the district for the privilege of utilizing the facilities of the district at rates established by the governing board and any revenue generated in this manner shall only be used to operate the district.
18
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13
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101.
Day care centers; funding or operation authorized.
(b)
A board of county commissioners may establish a fund to promote, establish and maintain day care centers. The money may only be expended upon resolution for the establishment, promotion, maintenance and development of day care centers and may be paid to corporations or associations engaged in operating day care centers. A board of county commissioners may also be the governing authority of a day care center and appoint and supervise a board of directors to operate a day care center
, subject to the election requirements of W.S. 22
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120
.
18
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14
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101.
Establishment; appointment; terms; officers; meetings; compensation; establishment under joint powers agreement.
(b)
A regional transportation authority established by resolution of any board of county commissioners shall be comprised of not less than five (5) nor more than nine (9) residents of the county appointed by the board.
The appointment of members under this subsection shall be subject to the election requirements of W.S. 22
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29
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120.
Appointees shall serve a term of three (3) years and may be appointed for one (1) additional term.
Members of the board who are elected shall serve a term of four (4) years and may be reelected for one (1) additional term, subject to W.S. 22
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120.
Terms of office shall be staggered.
The board of county commissioners shall appoint a county resident to fill the unexpired term of any vacancy occurring on the authority. The authority shall elect from its membership a chairman, secretary and a treasurer and shall meet at least once every three (3) months at the call of the chairman or upon the request of a majority of the membership.
Members shall serve without compensation but shall be reimbursed for necessary travel and per diem expenses in the manner and amount provided state employees.
22
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29
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103.
Applicability to special districts; general provisions.
(g)
The election requirements of W.S. 22
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29
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120 shall apply to the districts subject to this act unless the applicable principal act expressly provides otherwise or expressly provides for the election of members of the board or district.
35
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2
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1202.
Body corporate; name and style; powers generally; rules and regulations of trustees.
(b)
The selection of trustees for each district shall be subject to the election requirements of W.S. 22
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29
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120.
Section 3
.
This act shall apply to all boards and special districts specified in this act for which terms of directors, supervisors or trustees end on and after July 1, 2026. Nothing in this act shall be construed to abrogate an appointment made to a county board or special district before July 1, 2026 or to require the election of a director, supervisor or trustee who was appointed before July 1, 2026 before the end of that director's, supervisor's or trustee's term.
Section 4
.
This act is effective July 1, 2026
.
(END)
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HB0188