35-2-1203. Administration of finances; assessment and levy of taxes.
(a) The board of trustees of a senior health care district shall administer the finances of the district according to the provisions of the Uniform Municipal Fiscal Procedures Act, except that an annual audit in accordance with W.S. 16-4-121 is not required. Each senior health care district shall comply with the provisions of W.S. 9-1-507(a)(iii).
(b) The assessor shall assess the property of each senior health care district.
(c) The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in the district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each senior health care district but 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 of the property.
A senior health care district shall be operated, administered and is otherwise subject to the provisions that govern a rural health care district under Wyoming statutes, title 35, chapter 2, article 7, except W.S. 35-2-701, 35-2-705 and 35-2-708 shall not apply. W.S. 35-2-711 through 35-2-722 shall not apply to W.S. 35-2-1203. The question of approval of the issuance of bonds for senior health care purposes pursuant to W.S. 35-2-709(a) shall be submitted to electors only at a general election.
(a) As used in this act:
(i) "Capacity to consent" means an individual's ability to:
(A) Understand and appreciate the significant benefits, risks and alternatives to proposed health care;
(B) Understand and appreciate the nature and consequences of making decisions concerning one's person; and
(C) Make and communicate a health care decision.
(ii) "Department" means the Wyoming department of health;
(iii) "Electronic monitoring" means the placement and use of an electronic monitoring device by a resident in the resident's room pursuant to the requirements of this act;
(iv) "Electronic monitoring device" means a video camera or other surveillance instrument with a fixed position that captures, records, transmits or broadcasts audio, video or both and that is installed in a resident's room and used for electronic monitoring of the resident and activities in the room;
(v) "Facility" means an assisted living facility or a nursing care facility certified, licensed or otherwise authorized or permitted by law to provide long-term care in the facility's ordinary course of business and through its employees acting within the scope of their duties;
(vi) "Resident" means a person who is eighteen (18) years or older residing at a facility;
(vii) "Resident's representative" means an individual with a power of attorney for health care or other legal authority to make health care decisions on behalf of a resident who lacks capacity to consent;
(viii) "Resident's room" means a resident's private or shared primary living space within a long-term care facility;
(ix) "This act" means W.S. 35-2-1301 through 35-2-1308.
(a) No facility or resident of a facility shall engage in electronic monitoring or use electronic monitoring devices except as provided in this act.
(b) Notwithstanding W.S. 7-3-702, nothing in this act shall be construed to authorize or permit the use of an electronic monitoring device for the nonconsensual interception or unauthorized recording, storage or disclosure of private communications or actions occurring in a resident's room.
(c) A facility may install and use security surveillance devices in the facility's common areas and other locations except for resident rooms as the facility deems necessary for monitoring the facility. Any recording made by security surveillance devices under this subsection shall be the property of the facility.
(d) A resident or resident's representative may seek to install and use electronic monitoring devices in the resident's room pursuant to the requirements of this act. Any recording made by an electronic monitoring device under this subsection shall be the property of the resident or the resident's representative but may be used by a facility as provided by rule of the department.
(a) Every facility where electronic monitoring devices are in use shall post and maintain a notice or signage in a conspicuous location at or near the facility's main entrances stating that electronic monitoring devices may be in use in or throughout the facility.
(b) A facility shall post and maintain notice or signage in a conspicuous location at the entrance to each resident's room where an electronic monitoring device is being used. The notice or signage shall state that the resident's room is being monitored by an electronic monitoring device.
(c) When electronic monitoring or security surveillance is used at a facility, upon admission or at any other necessary time as determined by the facility, a facility shall obtain the resident's or the resident's representative's signature on a form furnished by the department and provided to the resident or representative by the facility. The form must at a minimum list the following:
(i) That each resident has the right to use electronic monitoring devices in the resident's room, provided that any other residents in the room consent to the electronic monitoring;
(ii) That the use of unauthorized electronic monitoring devices or covert placement of an electronic monitoring device is prohibited;
(iii) That other residents in the facility may be using electronic monitoring devices in their rooms;
(iv) That a resident may file a grievance with the facility if a facility interferes with a resident's right to use electronic monitoring and that a resident may file a grievance with the department if the facility fails to resolve or respond to the grievance;
(v) The security and privacy risks associated with the use of electronic monitoring devices;
(vi) Any other provisions required by the department pursuant to rules promulgated in accordance with this act.
(a) A resident with capacity to consent may request and consent to electronic monitoring pursuant to the provisions of this act. For a resident who lacks capacity to consent, the resident's representative may request and consent to electronic monitoring, provided the use of electronic monitoring does not contravene any prior expressed wishes of the resident and the resident does not object to electronic monitoring.
(b) A resident or the resident's representative shall request to use electronic monitoring in the resident's room using a form provided by the department and furnished to the resident or representative by the facility. The form required under this subsection shall require the resident or his representative to:
(i) Acknowledge that, by using an electronic monitoring device, the resident may reveal personal or sensitive information, including health-related information, to individuals with authorized access to the electronic monitoring device and confirm that the resident or his representative consents to any disclosure;
(ii) Waive any claim of liability against the facility for any civil damages for any release or use of a recording made by security surveillance devices under the control or in the custody of the facility or for a violation of the resident's right to privacy in connection with the use of electronic monitoring devices, except for acts or omissions constituting gross negligence or willful or wanton misconduct;
(iii) Acknowledge that the consent of other residents residing in the same room is required and that the other residents residing in the same room may limit the resident's use of an electronic monitoring device;
(iv) Specify the desired type and number of devices, the proposed date of installation and a copy of any contracts with commercial entities that will oversee the installation and maintenance of the electronic monitoring devices;
(v) Acknowledge that facility approval of the type, number, location and installation of electronic monitoring devices is required before installation;
(vi) Acknowledge that the resident is responsible for all fees associated with the electronic monitoring device including purchase, installation, removal, maintenance, internet connectivity and repair of any damage or markings resulting from installation;
(vii) Complete any other requirements specified by the department.
(c) No resident shall install an electronic monitoring device in the resident's room without the consent of any other resident residing in the same room. A resident may obtain the consent of all other residents in the same room by using a form furnished by the department and provided to the resident by the facility. The form shall require the consenting resident or his representative to:
(i) Acknowledge that he is not required to consent and may revoke his consent at any time;
(ii) Acknowledge the resident's right to impose limits on electronic monitoring pursuant to W.S. 35-2-1306(g);
(iii) Waive any claim of liability against the facility for any civil damages for any release or use of a recording made by an electronic monitoring device under the control or in the custody of the facility or for a violation of the resident's right to privacy in connection with the use of electronic monitoring devices, except for acts or omissions constituting gross negligence or willful or wanton misconduct;
(iv) Complete any other requirements specified by the department.
(d) A resident requesting to use electronic monitoring may request to switch rooms or roommates, subject to availability and at the resident's expense. A facility unable to accommodate a resident's request shall reevaluate the request at least one (1) time every two (2) weeks until the facility is able to accommodate the request. A facility shall not be responsible for its inability to accommodate a resident's request at the time of the request.
(e) A resident or resident's representative who consented as provided in subsection (c) of this section may revoke that consent at any time and for any reason. If consent is revoked, a resident must immediately cease using any electronic monitoring devices in the room. A facility shall have authority to remove or disable any electronic monitoring device from a room after consent is revoked and if the resident does not immediately cease using the device.
(f) All facilities shall obtain and retain all forms submitted by residents under this act. Forms shall be retained consistent with requirements for retaining medical records consistent with state and federal law.
35-2-1306. Facility rules; installation of electronic monitoring devices; accommodation by facility.
(a) A facility shall not refuse to admit, remove or retaliate against a resident who requests to use, uses or declines to consent to use electronic monitoring in his room pursuant to this act.
(b) A facility may develop policies governing the placement and installation of electronic monitoring devices, subject to the provisions of this act and any rules promulgated by the department.
(c) A facility shall not unnecessarily impair or impede a resident's use of electronic monitoring devices but may require installation of devices by a licensed contractor or facility personnel and may limit the placement of devices to maintain resident privacy and dignity.
(d) A resident shall obtain the facility's approval before installing or using any electronic monitoring device, subject to the consent of any other resident residing in the same room as required under W.S. 35-2-1305(c).
(e) A resident or the resident's representative shall be responsible for all costs associated with purchasing, installing, using, maintaining, servicing and removing electronic monitoring devices. For electronic monitoring devices requiring an internet connection, the facility may restrict or limit a resident's use of the facility's network services for those devices and may charge a reasonable fee to the resident using the facility's internet for electronic monitoring.
(f) All electronic monitoring devices used by facilities and residents in facilities shall be conspicuous and in plain view. The facility is responsible for ensuring that no electronic monitoring device is installed in a location that:
(i) Jeopardizes the privacy or dignity of any resident;
(ii) Contravenes any imposed limitation on its placement or use as set forth by the department, the facility, the resident or any other resident residing in the same room;
(iii) Jeopardizes the safety of a resident, employee, visitor or other person;
(iv) Violates federal, state or local regulations.
(g) Any resident residing in a room with electronic monitoring may establish limits on the use of electronic monitoring. The resident may impose limits restricting monitoring during specific times, in the presence of specific individuals, during times of personal care and treatment or for any other reason. Upon request by the resident, the facility shall make reasonable efforts to disable or obscure the electronic monitoring devices and to accommodate the resident's requested limits on electronic monitoring when the facility can reasonably do so. The facility shall document all limits requested by the resident and the facility's efforts to accommodate those requests.
(h) A facility or employee of the facility shall not have access to video or audio recordings captured by an electronic monitoring device except as specified in this act.
35-2-1307. Admissibility of electronic monitoring; liability; reporting.
(a) No court or state agency shall admit into evidence or consider during any proceeding any recording created using an electronic monitoring device in a facility unless the recording is otherwise admissible under the Wyoming Rules of Evidence.
(b) Upon request, a facility shall receive a copy of any recording that a party uses in an administrative proceeding against the facility.
(c) A facility shall have no criminal or civil liability for:
(i) Disclosing a recording made by an electronic monitoring device for any purpose pursuant to this act; and
(ii) The disclosure of a recording for any purpose not authorized by this act by a resident, the resident's representative or any agent of the resident or the resident's representative.
(d) A facility that provides internet or network access to a resident for the resident's electronic monitoring device shall not be liable for any network security breach caused by or resulting in unauthorized access to the electronic monitoring devices or any data captured, recorded, transmitted or broadcasted by the devices.
(e) A facility shall have no civil or criminal liability for a violation of a resident's right to privacy that arises out of any electronic monitoring conducted in accordance with this act.
35-2-1308. Electronic monitoring devices; rulemaking; compliance with rules.
(a) The department shall promulgate rules necessary to implement this act including rules for receiving and resolving grievances received from residents.
(b) Any resident or facility using an electronic monitoring device before, on or after October 1, 2020 shall comply with this act.
35-2-1401. Definitions; plans of safe care; requirements.
(a) As used in this article:
(i) "Early intervention and education program" means a program that provides services for infants and children with developmental delays and disabilities;
(ii) "Patient care team" means a team of health care providers, including one (1) or more licensed health care providers, who provide medical care services to a patient;
(iii) "Plan of safe care" means a plan designed to ensure the safety and wellbeing of an infant with prenatal substance use exposure following the infant's release from the care of a health care provider by addressing the health and substance use treatment needs of the infant and the affected family or caregiver.
(b) When an infant is born with and identified, or identified prenatally, as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug or alcohol exposure, a member of a patient care team shall develop a plan of safe care, in cooperation with the infant's parents, families or guardians and with a priority of keeping the infant in the home as the safety and wellbeing of the infant allows in order to:
(i) Ensure the safety and wellbeing of the infant;
(ii) Address the health and substance use treatment needs of the infant and affected family members or caregivers; and
(iii) Ensure that appropriate referrals are made for the infant and affected family members or caregivers upon discharge from the hospital or other health care provider, including a referral to a local early intervention and education program.
(c) The plan of safe care shall take into account whether the infant's prenatal drug exposure occurred as a result of medication assisted treatment or medication prescribed for the mother by a healthcare provider, and whether the infant's mother is or will be actively engaged in ongoing substance use disorder treatment that would mitigate the future risk of harm to the infant following discharge.
(d) If applicable, a copy of the plan of safe care shall be provided to the appropriate community partners involved in the infant's future care and included in the instructions for the infant upon discharge from the hospital or other health care provider.
(e) The patient care team shall report the total number of infants and families for whom a plan of safe care has been developed to the department of family services pursuant to the Comprehensive Addiction and Recovery Act of 2016, P.L. No. 114-198.
(f) A plan of safe care shall contain a termination date not to exceed one (1) year after the plan of safe care is initiated. The patient care team and the parents, families or guardians may initiate subsequent plans of safe care after the termination of the initial plan of safe care under this subsection.
(a) This act shall be known and may be cited as the "Hospital Price Transparency Act."
(b) The purpose of this act is to require hospitals to disclose prices for certain items and services and to provide civil penalties.
(c) This article is repealed effective July 1, 2029.
(a) As used in this act:
(i) "Department" means the department of health;
(ii) "De-identified maximum negotiated charge" means the highest charge a facility has negotiated with any third party payors for a facility item or service;
(iii) "De-identified minimum negotiated charge" means the lowest charge a facility has negotiated with any third party payors for a facility item or service;
(iv) "Discounted cash price" means the charge that applies to a person who pays cash, or a cash equivalent, for a facility item or service;
(v) "Facility" means a hospital located within the state and licensed under title 35, chapter 2, article 9 of the Wyoming statutes;
(vi) "Facility item or service" means all items and services, including individual items and services and service packages, that may be provided by a facility to a patient in connection with an inpatient admission or an outpatient department visit, including:
(A) Supplies and procedures;
(B) Room and board;
(C) Use of the facility and other areas, generally referred to as facility fees;
(D) Services of health care providers, generally referred to as professional charges;
(E) Any other item or service offered by the facility.
(vii) "Gross charge" means the charge for a facility item or service that is reflected on a facility's list, less any discounts;
(viii) "Machine-readable format" means a digital representation of information that can be imported or read into a computer system for processing;
(ix) "Payor-specific negotiated charge" means the charge that a facility has negotiated with a third party payor for a facility item or service;
(x) "Shoppable service" means a facility item or service that may be scheduled by a patient in advance;
(xi) "Standard charge" means the regular rate established by the facility for a facility item or service provided to a specific group of paying patients. The term includes all of the following:
(A) The gross charge;
(B) The payor-specific negotiated charge;
(C) The de-identified minimum negotiated charge;
(D) The de-identified maximum negotiated charge;
(E) The discounted cash price.
(xii) "Third party payor" means a person who is, by statute, contract or agreement, legally responsible for payment of a claim for a facility item or service;
(xiii) "This act" means W.S. 35-2-1501 through 35-2-1507.
(a) A facility shall:
(i) Maintain a list of all standard charges for facility items or services in accordance with this section;
(ii) Maintain a list of the standard charges required under paragraph (i) of this subsection for not less than three hundred (300) shoppable services provided by the facility, or as many of the shoppable services the facility provides, in accordance with this section; and
(iii) Make the lists required by paragraphs (i) and
(ii) of this subsection available to the public at all times.
(b) The lists required to be maintained by a facility under subsection (a) of this section shall reflect the standard charges applicable to each location as required by federal rules and regulations.
(c) The lists required under subsection (a) of this section shall include the following items, if applicable:
(i) A description of each facility item or service provided by the facility;
(ii) The following charges, expressed in dollar amounts, for each individual facility item or service:
(A) All standard charges;
(B) Any code used by the facility for purposes of accounting or billing; and
(C) A list of charges for shoppable services as required by paragraph (a)(ii) of this section, including but not limited to:
(I) The charges for shoppable services specified by the centers for Medicare and Medicaid services in 45 C.F.R. part 180; or
(II) If the facility does not provide all of the shoppable services described by subdivision (I) of this subparagraph, then the facility shall provide as many of the charges for those shoppable services as the facility does provide.
(d) The lists required by subsection (a) of this section shall be displayed in a prominent location on the home page of the facility's publicly accessible website or accessible through a link on that website.
(e) The lists required under subsection (a) of this section shall:
(i) Be available:
(A) Free of charge;
(B) Without having to establish a user account or password;
(C) Without having to submit personal identifying information;
(D) Without having to enter a code to access the list.
(ii) Be accessible to a common commercial operator of an internet search engine to the extent necessary for the search engine to index and display the lists as a result in response to a search query of a user of the search engine;
(iii) Be digitally searchable;
(iv) Use the naming convention specified by the centers for Medicare and Medicaid services.
(f) Each facility shall update the lists required by subsection (a) of this section not less than annually. Each facility shall clearly indicate on its website the date that the lists were updated.
(a) The department shall monitor each facility's compliance with the requirements of this act using any of the following methods:
(i) Evaluating complaints made by persons to the department regarding noncompliance with the act;
(ii) Reviewing any analysis prepared regarding noncompliance with this act;
(iii) Auditing the websites of facilities for compliance with this act.
(b) Notwithstanding any provision of law to the contrary, in considering an application for renewal of a facility's license or certificate, the department may consider whether a facility is or has been in substantial compliance with this act.
35-2-1505. Material violation; corrective action plan.
(a) A facility materially violates this act if the facility fails to comply with the requirements of W.S. 35-2-1503.
(b) If the department determines that a facility has materially violated this act, the department shall issue a material violation notice to the facility and require that the facility submit a corrective action plan. The notice shall indicate the form and manner that the corrective action plan shall be submitted to the department and shall clearly state the date by which the facility shall submit the plan.
(c) The facility that receives a notice under subsection
(b) of this section shall:
(i) Submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation; and
(ii) Act to comply with the corrective action plan by the date required by paragraph (d)(ii) of this section.
(d) A corrective action plan submitted to the department shall:
(i) Describe in detail the corrective action the facility will take to address any violation identified by the department in the notice provided under subsection (b) of this section; and
(ii) Provide a date that corresponds with federal rules and regulations by which the facility will complete the corrective action plan.
(e) A corrective action plan is subject to review and approval by the department. After the department reviews and approves a facility's corrective action plan, the department shall monitor and evaluate the facility's compliance with the plan.
(a) The department may impose a civil penalty on a facility if a facility fails to:
(i) Respond to the department's notice to submit a corrective action plan within the timeframe specified by federal rules and regulations; or
(ii) Comply with the requirements of a corrective action plan submitted to the department within the timeframe specified by federal rules and regulations.
(b) A civil penalty imposed under subsection (a) of this section shall be:
(i) For facilities categorized as critical access hospitals:
(A) For a first offense within any twelve (12) month period, one hundred dollars ($100.00) per day for each day the department imposes a civil penalty under subsection (a) of this section;
(B) For a second offense within any twelve (12) month period, five hundred dollars ($500.00) per day for each day the department imposes a civil penalty under subsection (a) of this section;
(C) For a third or subsequent offense within any twelve (12) month period, one thousand dollars ($1,000.00) per day for each day the department imposes a civil penalty under subsection (a) of this section.
(ii) For hospitals with prospective payment systems, one thousand dollars ($1,000.00) per day for each day within any twelve (12) month period the department imposes a civil penalty under subsection (a) of this section.
The department may propose to the legislature any necessary recommendations for amending this act, including recommendations in response to amendments by the centers for Medicare and Medicaid services to 45 C.F.R. part 180.
35-3-101. Procedure for proposing establishment of sanitary and improvement districts.
(a) Repealed by Laws 1998, ch. 115, § 5.
(b) Repealed by Laws 1998, ch. 115, § 5.
(c) Repealed by Laws 1998, ch. 115, § 5.
(d) Repealed by Laws 1998, ch. 115, § 5.
(e) Repealed by Laws 1998, ch. 115, § 5.
(f) Repealed by Laws 1998, ch. 115, § 5.
(g) A special sanitary and improvement district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.
35-3-102. Contents of petition; lands not to be included.
The petition for the establishment of said district shall contain a definite description of the territory intended to be embraced in such district according to government survey and the name of the proposed district. No lands included within any municipal corporation shall be included in any sanitary and improvement district, and no tract of twenty (20) acres or more which is outside any municipal corporation and is used primarily for industrial purposes shall be included in any sanitary and improvement district organized under this act without the written consent of the owner of such tract.
35-3-103. Election of trustees at organization; term; salary; corporate powers.
At the election for the organization of the district, there shall be elected two (2) trustees for a term of two (2) years and three (3) trustees for a term of four (4) years. Thereafter their respective successors shall be elected for a term of four (4) years and until their successors are elected pursuant to the Special District Elections Act of 1994. At the first meeting after election of one (1) or more members, the board shall elect one (1) of their number president. Such district shall be a body corporate and politic by name of "Sanitary and Improvement District of ....", with power to sue, be sued, contract, acquire, and hold property, and adopt a common seal. The trustees shall each receive as his salary the sum of three dollars ($3.00) for each meeting.
Each trustee of any such district shall, prior to entering upon his office, execute and file with the county clerk of the county in which said district, or the greater portion of the area thereof, is located his bond, with one (1) or more sureties, to be approved by the county clerk, running to the state of Wyoming in the penal sum of five thousand dollars ($5,000.00), conditioned for the faithful performance by said 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 such bond shall be paid out of the funds of the district. Suit may be brought on said bonds by any person, firm or corporation that has sustained loss or damage in consequence of the breach thereof.
35-3-105. Election and compensation of clerk; employment
of engineer; ordinances, rules and regulations; publication of proceedings. The board of trustees shall elect one (1) of their members clerk and have the power to appoint, employ and pay an engineer, who shall be removable at pleasure. The clerk may be paid not to exceed five hundred dollars ($500.00) per year by said board. The board shall have power to pass all necessary ordinances, orders, rules and regulations for the necessary conduct of its business and to carry into effect the objects for which such sanitary and improvement district is formed. Immediately after each regular and special meeting of said board, it shall cause to be published in one (1) newspaper of general circulation in the district, a brief statement of its proceedings, including an itemized list of bills and claims allowed, specifying the amount of each, to whom paid and for what purpose; provided, no publication shall be required unless the same can be done at an expense not exceeding one-third of the rate for publication of legal notices.
35-3-106. Power of trustees to establish water mains,
sewers and disposal plants; approval by state department of health. The board of trustees of any district organized under this act shall have power to provide for establishing, maintaining and constructing water mains, sewers and disposal plants, and disposing of drainage, waste and sewage of such district in a satisfactory manner. Any system established shall be approved by the Wyoming state department of health. The district may construct its sewage disposal plant and other sewerage improvements, in whole or in part, inside or outside the boundaries of the district and may contract with corporations or municipalities for disposal of sewage and use of existing sewerage improvements.
All contracts for work to be done, the expense of which is more than five hundred dollars ($500.00), may employ alternate design and construction delivery methods as defined in W.S. 16-6-701 and shall be let to the lowest responsible bidder, upon notice of not less than twenty (20) days of the terms and conditions of the contract to be let. The board of trustees shall have power to reject any and all responses or bids and readvertise for the letting of such work.
35-3-109. Annual tax levy authorized; certification and collection; treasurer designated.
The board of trustees may annually levy and collect taxes for corporate purposes upon property within the limits of such sanitary and improvement district, to the amount of not more than one (1) mill on the dollar of the actual valuation for general purposes and file the resolution in the office of the county clerk who shall record the same in the county where the district lies. The board shall also certify the same to the county assessor of the counties in which the district is located, who shall extend the same upon the county tax list. The same shall be collected by the county treasurer in the same manner as state and county taxes. The county treasurer of the county in which the greater portion of the area of the district is located shall disburse the same on warrants of the board of trustees, and in respect to such fund the county treasurer shall be ex officio treasurer of the sanitary and improvement district.
Such sanitary and improvement district may acquire by purchase, condemnation or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes.
35-3-111. Eminent domain; manner of exercise; ascertaining damage to property.
Whenever the board of trustees of any sanitary and improvement district shall by order determine to make any public improvement under the provisions of this act which shall require that private property be taken or damaged, the district may cause the damage therefor to be ascertained as nearly as may be according to the provisions of law for the appropriation of right-of-way by railway companies.
Whenever it is necessary, in making any improvement under the provisions of this act, to enter upon or cross any state or public lands, the district may acquire a right-of-way over the lands subject to any rules, regulations or requirements as may be necessary and by paying fair market value for the right-of-way as determined by the board of land commissioners subject to appeal to district court as to the determination of fair market value.
35-3-113. Annual oversight of accounts; information to be shown; powers and duties of director.
(a) The director of the state department of audit shall cause there to be oversight of the books of account, kept by the board of trustees of each sanitary and improvement district in the state of Wyoming, in accordance with W.S. 9-1-507 or 16-4-121(f), as applicable.
(i) Repealed by Laws 1995, ch. 199, § 2.
(ii) Repealed by Laws 1995, ch. 199, § 2.
(iii) Repealed by Laws 1995, ch. 199, § 2.
(iv) Repealed by Laws 1995, ch. 199, § 2.
(v) Repealed by Laws 1995, ch. 199, § 2.
(vi) Repealed by Laws 1995, ch. 199, § 2.
(vii) Repealed by Laws 1995, ch. 199, § 2.
(viii) Repealed by Laws 1995, ch. 199, § 2.
(ix) Repealed by Laws 1995, ch. 199, § 2.
(x) Repealed by Laws 1995, ch. 199, § 2.
(xi) Repealed by Laws 1995, ch. 199, § 2.
(b) All reports under subsection (a) of this section shall be and remain a part of the public records in the office of the director of the state department of audit. The expense of such oversight shall be paid out of the funds of the district. The director of the state department of audit or his designee shall be given access to all books and papers, contracts, minutes, bonds and other documents and memoranda of every kind and character of such district and be furnished all additional information possessed by any present or past officer or employee of any such district, or by any other person, that is essential to the making of a comprehensive and correct report.
If the district, or any part of it, is annexed by any city or village, such city or village shall assume and pay the bonds and other obligations outstanding at the time of annexation.
35-3-115. Bonds; general requirements as to issuance; tax levy.
The district may borrow money for corporate purposes and issue its general obligation bonds therefor, but the principal amount of the general obligation bond shall not exceed ten percent (10%) of the assessed valuation of the taxable property in the district and the district shall cause to be levied and collected annually a tax by valuation on all the taxable property in the district, except intangible property, sufficient to pay the interest and principal of the bonds as the interest and principal become due and payable. In lieu of the issuance of general obligation bonds, the district may issue its revenue bonds to pay all or part of the cost of the improvements and pledge and hypothecate the revenues and earnings of its sewer system for the payment of the revenue bonds, and enter into a contract with reference thereto as may be necessary or proper. The district may pay part of the cost of the improvements by the issuance of general obligation bonds and part by the issuance of revenue bonds. The procedure for the issuance of the bonds shall be that prescribed by this act. The limit on the amount of the bonds shall not apply to revenue bonds payable solely from the revenues and earnings of the district.
35-3-116. Bonds; judicial examination and approval; prerequisite to sale.
The board of trustees of a sanitary and improvement district organized under the provisions of this act, shall, before issuing and before selling any bonds of such district, commence special proceedings, in and by which the proceedings of the board and of the district providing for and authorizing the issue and sale of the bonds of the district shall be judicially examined, approved and confirmed, or disapproved and disaffirmed.
35-3-117. Bonds; judicial examination and approval; petition.
The board of trustees of the district or such holder or holders of any bond or bonds of the district shall file in the district court of the county in which the lands of the district, or the greater portion thereof, are situated, a petition praying in effect that the proceedings aforesaid may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for the issuance and sale of the bonds and shall state generally that the sanitary and improvement district was duly organized, and that the first board of trustees was duly elected. The petition need not state the facts showing such organization of the district or the election of the first board of trustees.
35-3-118. Bonds; judicial examination and approval; notice and hearing.
The court shall fix the time for the hearing of the petition, and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given as is provided in section 3. The notice shall state the time and place fixed for the hearing of the petition and prayer of the petition, and that any person interested in the organization of the district, or in the proceedings for the issuance or sale of the bonds may, on or before the day fixed for the hearing of the petition, move to dismiss the petition or answer thereto. The petition may be referred to and described in the notice as the petition of .... (giving its name), praying that the proceedings for the issuance and sale of such bonds of such district may be examined, approved and confirmed by the court.
35-3-119. Bonds; judicial examination and approval; objections to petition; pleading and practice.
Any person interested in the district, or in the issuance or sale of the bonds, may move to dismiss the petition or answer thereto. The provisions of the Code of Civil Procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition in such special proceedings. The persons so filing motion and answering the petition shall be the defendants in the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act are applicable to the special proceedings herein provided for.
35-3-120. Bonds; judicial examination and approval; powers
of court; confirmation or disapproval of issue; cost; history of proceedings; endorsement and registration. Upon the hearing of such special proceedings, the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm each and all of the proceedings for the organization of such district under the provisions of this act, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of the bonds and the order of sale and the sale thereof. The court in inquiring into the regularity, legality or correctness of such proceedings, must disregard an error, irregularity or omission which does not affect the substantial rights of the parties to such special proceedings. It may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed in W.S. 35-3-118. The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court. If the court shall determine the proceedings for the organization of the district and for the voting and issuing of the bonds legal and valid, the board of trustees shall then prepare a written statement beginning with the filing of the petition for the organization of the district, including all subsequent proceedings for the organization of the district and voting and issuing of the bonds, and ending with the decree of the court finding the proceedings for the organization of the district and the proceedings for the voting and issuing of the bonds legal and valid, and shall present such written statement and the bonds to the director of the state department of audit. The written statement shall be certified under oath by the board of trustees of the district, and the director shall then examine the statements and the bonds so submitted to him and if he is satisfied that the bonds have been voted in conformity to law and are in all respects in due form, he shall record the statement and register the bonds in his office. No such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of the examiner showing that such bonds are issued pursuant to law, the data filed in the office of the director being the basis of such certificate.
35-3-121. Bonds; objections to issuance; submission of
question to voters; issuance upon favorable vote; rate of interest. If the electors of the district, equal in number to forty percent (40%) of the electors of the district voting at the last general state election, file written objections to the proposed issuance of the bonds with the clerk of the board of trustees within twenty (20) days after the first publication of notice, the board of trustees shall submit the proposition of issuing the bonds to the electors of the district at an election on a date as determined by the board of county commissioners and authorized under W.S. 22-21-103, notice of which shall be given by publication in a legal newspaper published or of general circulation in the district three (3) consecutive weeks. If a majority of the qualified electors of the district, voting upon the proposition, vote in favor of issuing bonds, the board of trustees may issue and sell bonds and, if revenue bonds are issued, pledge for the payment of same the revenues and earnings of the improvements as proposed in the notice, and enter into contracts in connection therewith as may be necessary or proper. The bonds shall draw interest from and after the date of the issuance thereof, at a rate determined by the board. In the event the electors fail to approve the proposition by majority vote, the proposition shall not be again submitted to the electors for their consideration until five (5) months have elapsed from the date of the election.
35-3-122. Rules and regulations of trustees; determination
and collection of service charges; discontinuance of service. The board of trustees may make all necessary rules and regulations governing the use, operation, and control thereof. The board may establish an initial connection charge to be paid by any person, firm or corporation connecting to the system at the time of connection and establish just and equitable rates or charges to be paid to it for connections and the use of the water mains, disposal plant and sewerage system by each person, firm or corporation whose premises are served thereby. If the service charge so established is not paid when due, such sum may be recovered by the district in an action for the recovery of money or it may be certified to the county assessor and assessed against the premises served, and collected or returned in the same manner as other district taxes are certified, assessed, collected and returned. The district through its board of trustees, may make contracts or agreements whereby a person or corporation, public or private, furnishing water to the inhabitants of the district, shall turn off and refuse to sell water to any such water user who is delinquent in the payment of any sewer rental or service charges over forty-five (45) days. Notice of such discontinuance of water service to such person or corporation and water user shall be given by registered mail.