Title 35 · WY
1-33-104 and shall exercise those powers necessary to remedy the
Citation: Wyo. Stat. § 1-33-104
Section: 1-33-104
1-33-104 and shall exercise those powers necessary to remedy the conditions that constituted grounds for the imposition of the receivership, assure adequate health care for the residents or patients and preserve the assets and property of the health care facility;
(ii) Notify each resident or patient and each resident or patient's guardian or conservator, if any, or other responsible party, if known, of the receivership;
(iii) Collect incoming payments from all sources;
(iv) Apply the current revenue and current assets of the health care facility to current operating expenses of the facility;
(v) Pay taxes against the health care facility which become due during the receivership;
(vi) Be entitled to take possession of all property, assets and records of residents or patients which are in the possession of the health care facility. The receiver shall preserve all property, assets and records of residents or patients of which the receiver takes possession.
(b) In addition to the powers and duties provided in subsection (a) of this section, a receiver may exercise the following powers:
(i) Assume the role of administrator and take control of day-to-day operations of the health care facility or name a qualified administrator to conduct the day-to-day operations of the health care facility subject to the supervision and direction of the receiver;
(ii) Correct or eliminate any deficiency in the structure or furnishings of the health care facility that endangers the safety or health of the residents or patients while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000.00). The court may order expenditures for this purpose in excess of three thousand dollars ($3,000.00) on application from the receiver;
(iii) Remedy violations of federal and state laws and regulations governing the operation of the health care facility;
(iv) Contract for or hire agents and employees to maintain and operate the facility; and
(v) Hire or discharge any employees including the health care facility's administrator.
(c) The receiver in its discretion may, but shall not be required to, defend any claim, suit or action against the receiver or the health care facility arising out of conditions, actions or circumstances occurring or continuing at the health care facility after the appointment of the receiver.
(d) The district court may limit or expand the powers or duties of a receiver.
35-2-1106. Termination of receivership.
(a) The court, upon a motion by the receiver, the health care facility or the owner of the physical facility, may terminate the receivership if:
(i) The receivership is no longer necessary because the conditions which gave rise to the receivership no longer exist;
(ii) All of the residents in the facility have been transferred or discharged and the facility is ready to be closed; or
(iii) The owner of the physical facility or the health care facility enters into a lease or sale agreement with a prospective operator of the facility who is licensed or can be licensed by the department and who in the judgment of the department will likely remedy the cause of the receivership. (b) In its termination order, the court may include terms it deems necessary to prevent the future occurrence of the conditions upon which the receivership was ordered.
35-2-1107. Priorities.
(a) During a receivership under this act, the following expenses and claims have priority in the following order:
(i) The costs and expenses of the administration of the health care facility during the term of the receivership;
(ii) Claims for:
(A) Wages actually owing to employees, other than officers of the facility, for services rendered within three (3) months prior to the date of commencement of the receivership proceeding against the facility, but not exceeding one thousand dollars ($1,000.00) to each employee;
(B) Secured claims, including claims for taxes and debts due the federal or any state or local government, which are secured prior to the appointment of the receiver.
(iii) Claims by or on behalf of individual patients or clients for the cost of health care services which were to be provided by the facility, but were not received by the patient or client for whom the care was paid;
(iv) Unless otherwise provided by law, all other claims of general creditors not falling within any other priority under this section, including claims for taxes and debts due to the federal government or any state or local government which are not secured claims;
(v) Proprietary claims of shareholders, members or officers of the health care facility.
(b) Upon motion by a claimant or by one (1) of the parties to a receivership action under this act, the district court may amend the priorities listed in subsection (a) of this section and order payment of claims as may be necessary in the interest of justice.
35-2-1108. Receiver's liability. (a) The liability of the department shall be limited as set forth in the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120, for the operation of medical facilities and the provision of health care.
(b) If a person is designated to act as a receiver pursuant to W.S. 35-2-1103(f) and is not covered by the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120, the designated receiver shall only be held liable in a personal capacity for the designated receiver's own gross negligence, intentional acts or breach of fiduciary duty.
35-2-1109. Applicability.
The receivership provisions of W.S 1-33-101 through 1-33-110 shall apply to actions under this act to the extent that they do not conflict with this act.
ARTICLE 12 - SENIOR HEALTH CARE DISTRICTS
35-2-1201. Senior health care districts; establishment; definitions.
(a) A senior health care 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.
(b) As used in this article "senior health care" means "health care" as defined in W.S. 35-22-402(a)(viii) that is delivered to a person who is at least sixty (60) years of age, a disabled adult who is at least eighteen (18) years of age, or a person with medical or behavioral health care needs as determined by appropriate medical assessments and is provided:
(i) By a person or facility licensed, certified or otherwise authorized by the laws of this state in the ordinary course of business or practice of a profession to provide health care services;
(ii) Through home care services, assisted living programs, skilled nursing facilities, nursing homes, hospice services, residential care homes or other related facilities; or
(iii) As specified under W.S. 18-15-111(a)(i) through (iii). 35-2-1202. Body corporate; name and style; powers generally; rules and regulations of trustees.
(a) Each district is a body corporate and shall be designated by the name of the .... senior health care district. The district name shall be entered upon the commissioners' records and shall be selected by the commissioners of the county in which the greater area of land within the district is located. In the name so selected, the district through its trustees may:
(i) Direct the affairs of the district in the same manner as a rural health care district under W.S. 35-2-703(a)(i) through (xi) for the purpose of providing senior health care;
(ii) Provide directly or by contract for the provision of programs or services under this article. Contracts under this section shall:
(A) 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;
(B) Specify the manner in which the funds are expended and the programs or services provided; and
(C) Require the provider of the programs or services to present an annual budget for review to determine compliance with this article and for approval by the district.
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.
35-2-1204. Applicability.
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.
ARTICLE 13 - ELECTRONIC MONITORING OF LONG-TERM CARE
35-2-1301. Short title.
This act may be cited as the "Long-term Care Electronic Monitoring Act."
35-2-1302. Definitions.
(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.
35-2-1303. Authorized electronic monitoring; applicability.
(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.
35-2-1304. Authorized electronic monitoring; notice.
(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.
35-2-1305. Capacity; request; consent; records.
(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.
ARTICLE 14 - PLANS OF SAFE CARE FOR INFANTS
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.
CHAPTER 3 - SANITARY AND IMPROVEMENT DISTRICTS
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.
35-3-104. Bond of trustees.
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.
35-3-107. Contracts.
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.
35-3-108. Repealed by Laws 2017, ch. 62, § 3.
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.
35-3-110. Eminent domain; power conferred.
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.
35-3-112. Right-of-way over public lands.
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