ORIGINAL HOUSE

BILL NO. 0284

ENROLLED ACT NO. 90, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to special districts; modifying provisions
relating to the enlargement of special districts; modifying
restrictions concerning land being within a water and sewer
district and a municipality; and providing for an effective
date.

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

Section 1.  W.S. 22-29-105(b), 22-29-301(a) and (c),
22-29-305(a)(iv) and 41-10-102(b) and (e) are amended to
read:

22-29-105. Petitions; number of signatures required;
contents of formation petition.

(b) A petition for enlargement of a district shall be
signed by not less than: twenty-five percent (25%) of the
voters owning not less than twenty-five percent (25%) of
the assessed valuation of property within the area proposed
to be included. If there are no voters within an area
proposed to be included in a district, an enlargement
petition shall be signed by not less than twenty-five
percent (25%) of the landowners owning not less than
twenty-five percent (25%) of the assessed valuation of
property within the area proposed to be included.

22-29-301. Enlargement petitions.

(a) When the voters of an area wish to join a
district, they may file an enlargement petition with the
county commissioners. If there are no voters within an area
proposed to be included in a district, the landowners of
the area may file an enlargement petition with the county
commissioners. Unless otherwise provided under this
subsection, the petition for enlargement shall include

Page 1

provisions allowing the board of district directors to be
enlarged by one (1) or more positions to be filled by
voters residing or located in the new area, the number of
positions to be determined by the petitioners and the
district directors of the existing district. Before the
petition is filed with the county commissioners, it shall
be approved by the directors of the affected district and
by any other agency also required by the principal act to
approve the petition. The petition process shall be
governed by W.S. 22-29-105 through 22-29-108. An election
need not be held on an enlargement petition if the petition
alleges and the county commissioners find:

(i) All landowners within the new area and the
board of directors of the district agree to the inclusion
of the new area within the district; and

(ii) There are no voters residing in the new
area.

(c) Except as provided under subsection (a) of this
section, if the enlargement petition is approved, there
shall be an election which shall be conducted under this
act. At the enlargement election, there shall also be
elected temporary directors whose terms shall expire at the
next regular district director election. At the first
regular election following the enlargement election, the
total number of directors shall be as stated in the
principal act.

22-29-305. Specific provisions relating to
enlargement, merger and consolidation elections.

(a)  The elections effecting enlargement, merger or
consolidation shall be governed by the following specific
rules:

Page 2

(iv) For enlargement elections, if the voters of
the existing district have approved by election a mill levy
to finance the operation of the district, then the voters
of the area to be added shall also be required at the
enlargement election to approve the same mill levy. If a
majority of the voters in the area to be added voting on
the proposition fails to approve the mill levy, then the
enlargement, whether or not approved under paragraph (iii)
of this subsection, shall fail. This paragraph shall not
apply to an enlargement in which no election is required
under W.S. 22-29-301(a);

41-10-102. Lands included in district.

(b) No lands included in any city or town shall be
included in any district without the written consent of the
governing body of the city or town.

(e) No area within a district may be annexed to a
city or town, but nothing herein contained shall be
construed as preventing the dissolution of a district or
the exclusion therefrom of any land therein as herein
authorized for the purpose of permitting such an
annexation, or as prohibiting an annexation in accordance
with the provisions of W.S. 41-10-152 through 41-10-157.

Page 3

Section 2. This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

Page 4