2022 22LSO-0062
STATE OF WYOMING
HOUSE BILL NO. HB0048
Tourism improvement districts.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
1 AN ACT relating to counties, cities and towns; authorizing
2 the establishment of tourism improvement districts as
3 specified; specifying requirements; providing definitions;
4 specifying duties and powers of tourism improvement
5 districts; authorizing assessments; providing for a
6 limitation on actions; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 16-13-101 through 16-13-110 are
11 created to read:
12
13 CHAPTER 13
14 TOURISM IMPROVEMENT DISTRICTS
15
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1 16-13-101. Definitions.
2
3 (a) As used in this chapter, unless the context
4 otherwise requires:
5
6 (i) "Activities" or "tourism activities" mean
7 any of the following that benefit businesses in the
8 district:
9
10 (A) Marketing, sales and other promotional
11 programs designed to increase tourism in the district;
12
13 (B) Promotion of special events designed to
14 increase tourism in the district;
15
16 (C) Destination product developments
17 designed to improve the visitor experience in the district;
18
19 (D) Any other tourism improvement activity
20 for which an assessment may be made against businesses
21 specially benefited thereby.
22
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1 (ii) "Assessment" means a levy for the purpose
2 of providing activities to benefit businesses in the
3 district, subject to W.S. 16-13-108(c);
4
5 (iii) "Business owner" means any person
6 recognized by the governing body as the owner of a business
7 subject to an assessment under W.S. 16-13-108;
8
9 (iv) "District" means a tourism improvement
10 district organized under the terms of this chapter;
11
12 (v) "District plan" means the plan described in
13 W.S. 16-13-104, including any amendments to the plan;
14
15 (vi) "Governing body" means the board of county
16 commissioners of a county or the council or commission
17 constituting the elected legislative body of a city or town
18 including the mayor as the presiding officer;
19
20 (vii) "Owners' association" means the private
21 nonprofit corporation or joint powers board designated in
22 W.S. 16-13-107 to implement and administer the activities
23 provided in the district.
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1
2 16-13-102. Establishment of tourism improvement
3 districts.
4
5 A governing body may establish a tourism improvement
6 district to implement and administer tourism activities
7 provided in the district. A governing body shall not
8 establish a district within the territorial jurisdiction of
9 another governing body without the consent of the other
10 governing body.
11
12 16-13-103. Commencement by petition; resolution of
13 intent; objections; hearing.
14
15 (a) Formation of a district shall commence by the
16 filing of a petition with the governing body. A petition
17 to form a district shall be signed by business owners, or
18 their authorized agents, in the proposed district who
19 combined will pay more than fifty percent (50%) of the
20 assessments proposed to be levied for operation of the
21 district. The petition shall be accompanied by a filing
22 fee of two hundred dollars ($200.00). The petition shall
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1 at a minimum include a proposed district plan as provided
2 for in W.S. 16-13-104 and:
3
4 (i) Information specifying where the district
5 plan can be obtained and a statement that the district plan
6 shall be furnished upon request;
7
8 (ii) A designation of any persons authorized on
9 behalf of the petitioners to amend the petition or district
10 plan before adoption of the resolution of formation
11 pursuant to W.S. 16-13-105.
12
13 (b) Upon receipt of a valid petition, the governing
14 body shall adopt a resolution of intent to form the
15 proposed district. The resolution under this subsection
16 shall at a minimum include:
17
18 (i) A general description of the activities to
19 be provided in the proposed district, the proposed
20 assessment rates and a map that generally identifies the
21 location of the proposed district;
22
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1 (ii) The date, time and location for the hearing
2 on the establishment of the district as required by
3 subsection (c) of this section.
4
5 (c) After adoption of a resolution of intent pursuant
6 to this section, the governing body shall hold a hearing on
7 the establishment of the district. The governing body
8 shall provide written notice of the hearing to all business
9 owners proposed to be assessed by the district. The notice
10 shall at a minimum include:
11
12 (i) The method and basis of levying the
13 assessment in sufficient detail to allow each business
14 owner to calculate the amount of assessment proposed to be
15 levied against their business;
16
17 (ii) Any proposed increases to the assessment
18 rate during the term of the district;
19
20 (iii) A general description of the activities
21 that the assessment will fund;
22
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1 (iv) The address to which business owners may
2 mail written objections to the formation of the district.
3 Each written objection shall identify and contain a
4 description of the objecting business. If the person
5 objecting is not shown on the official records of the
6 governing body or the secretary of state as the business
7 owner, the objection shall contain or be accompanied by
8 written evidence that the person objecting is the business
9 owner or their authorized agent;
10
11 (v) The telephone number and address of the
12 person, office or organization that interested persons may
13 contact to receive additional information about the
14 district;
15
16 (vi) The date, time and location of the hearing.
17
18 (d) The clerk of the governing body shall file all
19 written objections that were submitted to the governing
20 body. A written objection may be withdrawn in writing at
21 any time before the conclusion of the hearing. A governing
22 body shall not establish the district or levy the proposed
23 assessment if written objections are received from business
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1 owners in the proposed district who combined will pay fifty
2 percent (50%) or more of the assessments proposed to be
3 levied and no objections are withdrawn to reduce the
4 objections to less than fifty percent (50%) of the relevant
5 owners. If a governing body does not establish a district
6 due to objections under this subsection, the governing body
7 shall not consider proceedings to form a district for a
8 period of one (1) year thereafter.
9
10 (e) Except as otherwise provided in this subsection,
11 before the hearing required by this section, the petition
12 or district plan, required under W.S. 16-13-104, may be
13 amended without notice by a petitioner or any person
14 designated to act on the petitioners behalf pursuant to
15 paragraph (a)(ii) of this section. The governing body
16 shall adopt a new resolution of intent and provide new
17 notice in accordance with this section if any amendment to
18 the petition or district plan would:
19
20 (i) Enlarge the boundaries of the proposed
21 district;
22
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1 (ii) Add additional businesses to the proposed
2 district; or
3
4 (iii) Increase the number of assessments or
5 increase the assessment rate to be levied against
6 businesses in the proposed district.
7
8 16-13-104. District plan; benefit zones; amendments.
9
10 (a) The district plan shall at a minimum include:
11
12 (i) The name of the district;
13
14 (ii) A map of the district in sufficient detail
15 to locate each business in the district and to allow a
16 business owner to reasonably determine whether a business
17 is located within the boundaries of the district. The map
18 shall show all benefit zones as authorized by subsection
19 (b) of this section;
20
21 (iii) The proposed activities for each year of
22 the operation of the district and the estimated maximum
23 cost of the activities. If the proposed activities for
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1 each year of operation are the same, a description of the
2 first year's proposed activities and a statement that
3 subsequent years will have the same proposed activities
4 shall satisfy the requirements of this paragraph;
5
6 (iv) The estimated amount, based on the
7 assessment rate, proposed to be expended for activities in
8 each year of operation of the district. If the total
9 annual amount to be expended in each year of operation of
10 the district is not significantly different, the amount
11 proposed to be expended in the initial year and a statement
12 that a similar amount applies to subsequent years shall
13 satisfy the requirements of this paragraph;
14
15 (v) The proposed source of financing, including
16 the proposed method and basis of levying the assessment in
17 sufficient detail to allow each business owner to calculate
18 the amount of the assessment to be levied against their
19 business;
20
21 (vi) The time and manner of collecting
22 assessments;
23
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1 (vii) A statement that assessed businesses may
2 pass the cost of the assessment on to customers at the time
3 of a transaction. If the cost is passed on to a customer,
4 the assessed business shall disclose the amount in advance
5 and separately state the amount of the assessment from the
6 amount charged and applicable taxes and shall offer each
7 customer a receipt of payment. The assessment is the sole
8 obligation of the assessed business even if passed on to
9 customers;
10
11 (viii) The name of the owners' association for
12 the district, if applicable;
13
14 (ix) The specific number of years that
15 assessments will be levied by the district;
16
17 (x) Any proposed rules and regulations to be
18 applicable to the district;
19
20 (xi) A list of the businesses to be assessed in
21 the district.
22
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1 (b) A district plan may provide for one (1) or more
2 separate benefit zones within the district based on the
3 degree of benefit derived from the activities to be
4 provided in the benefit zone compared to benefits derived
5 in other parts of the district. The district plan may also
6 define categories of businesses based on the degree of
7 benefit each business will derive from the activities to be
8 provided in the district. The district plan may impose a
9 different assessment rate in each benefit zone or on each
10 category of business or may impose a different assessment
11 rate on different categories of businesses in different
12 benefit zones.
13
14 (c) A governing body may at any time amend the
15 district plan in accordance with this subsection upon the
16 written request of an owners' association, if designated,
17 or the written request of business owners who combined pay
18 more than fifty percent (50%) of the assessments levied in
19 the district. The governing body shall:
20
21 (i) Adopt a resolution of intent to amend the
22 district plan which shall include the proposed amendments;
23
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1 (ii) Hold a hearing on the proposed amendments
2 after adoption of the resolution. If the proposed
3 amendments include the levy of a new or increased
4 assessment, the governing body shall provide written notice
5 to each assessed business owner affected by the proposed
6 amendments in the same manner as W.S. 16-13-103(c). If the
7 proposed amendments do not include the levy of a new or
8 increased assessment, the governing body shall provide
9 written notice to each assessed business owner affected by
10 the proposed amendment of the date, time and location of
11 the hearing. In all cases notice required under this
12 paragraph shall be provided at least ten (10) days before
13 the hearing and be accompanied by the resolution.
14
15 (d) After the hearing required by this section, a
16 governing body may adopt a resolution making the amendments
17 to the district plan unless written objections were
18 received from business owners in the district who combined
19 will pay fifty percent (50%) or more of the amended
20 assessments.
21
22 16-13-105. Resolution of formation; limitations of
23 actions.
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1
2 (a) After the hearing required by W.S. 16-13-103(c),
3 a governing body deciding to establish a district shall
4 adopt a resolution of formation. A new district shall have
5 a maximum term of five (5) years. Upon renewal, a district
6 shall have a term not to exceed ten (10) years. The
7 resolution under this subsection shall at a minimum
8 include:
9
10 (i) A general description of the activities to
11 be provided in the district, the assessment rates and a map
12 that identifies the location of the district and any
13 benefit zones;
14
15 (ii) The title of the resolution of intent
16 adopted pursuant to W.S. 16-13-103(b) and the date of
17 adoption;
18
19 (iii) A summary and determination regarding any
20 written objection to the formation of the district that was
21 received by the governing body;
22
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1 (iv) A statement that the businesses in the
2 district shall be subject to any amendments to this
3 chapter;
4
5 (v) A statement that the activities to be
6 provided in the district shall be funded by the levy of
7 assessments against businesses in the dis