Wyoming community enhancement program.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0673.E1

HOUSE BILL
NO.
HB0330

Wyoming community enhancement program.

Sponsored by:
Representative(s) Berger, Hammons, Harvey, Iekel, Martin, Semlek, Wasserburger and Zwonitzer and Senator(s) Anderson, J., Decaria, Job, Mockler, Ross, Schiffer and Sessions

A BILL

for

AN ACT relating to a community enhancement program; creating a community enhancement program to promote economic development for cities, towns, counties and joint powers boards; authorizing grants and loans for historic or cultural preservation and community enhancement projects; specifying eligibility criteria; establishing an account; providing appropriations; modifying the business ready community program; amending a definition; and providing for an effective date.

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

Section 1.
W.S. 9
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12
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801 and 9
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12
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802 are created to read:
ARTICLE 8
COMMUNITY ENHANCEMENT PROGRAM

9
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12
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801.

Community enhancement program; purpose; creation; state objectives; administration by council; rulemaking authority; eligible projects; match requirement; repayment requirement.

(a)

It is the purpose of this article to promote economic development at the city, town and county level in order to create additional economic health and a stronger state economy by enhancing the visibility and livability of Wyoming communities.

(b)

The council shall establish and administer a Wyoming community enhancement program as provided by this article. Any city, town or county may submit an application to the council for a grant or loan under the program on forms prescribed by the council and subject to rules and regulations promulgated by the council. Grants and loans may be applied for by a joint powers board with the approval of all participating agencies to the joint powers agreement. Grant and loan funds may be used to contract with a school district, other local governmental entity or a not-for-profit community development corporation. Grants and loans may be made by the council for projects that meet one (1) or more of the following state objectives:

(i)

Historic preservation;

(ii)

Cultural preservation;

(iii)

Enhancements to places of social and physical activity.

(c)

Projects may consist of, but are not limited to, construction of new facilities, rehabilitation of existing facilities, including recreation facilities and convention centers, landscaping, acquisition of land or buildings, development of infrastructure serving a facility being constructed or rehabilitated with a grant awarded under this article and conversion of former school facilities to community centers.

(d)

To qualify for a grant or loan under this article, an applicant shall demonstrate:

(i)

That the project is consistent with local economic and community development plans;

(ii)

That a business plan has been developed for the project;

(iii)

That all project costs will be fully funded upon receipt of the grant or loan;

(iv)

That there will be funding for on-going operations and maintenance of the project for a period of at least three (3) years;

(v)

The project meets any other criteria developed by the council consistent with the purposes of this article.

(e)

Grants or loans for one (1) project may not exceed a maximum annual amount established by rule of the council. Multi-year projects may be awarded up to the maximum annual amount each year, for a period not to exceed three (3) years, as approved by the council. The application shall identify the source of all funds to be used for the project.

(f)

Loans provided under this article shall be adequately collateralized as determined by the council. No loans shall be made without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith. An election approving the project and borrowing for the project by the qualified electors of the borrowing entity shall be required only if the attorney general determines such an election is otherwise required by law.

(g)

Repayments of loans under this article shall be credited to the community enhancement account.

9
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12
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802.

Community enhancement account.

There is created a separate account, which shall be referred to as the community enhancement account, to implement this article. Funds in the account are continuously appropriated to the Wyoming business council. Any unexpended or unobligated funds remaining in the account at the end of the biennium shall not lapse and shall not revert as provided in W.S. 9
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4
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207.

Section 2.
W.S. 9
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12
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102(a)(viii) and 9
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12
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601(b) are amended to read:

9
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12
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102.

Definitions.

(a)

As used in this act, the following terms have the following meanings, except where the context clearly indicates otherwise:

(viii)

"This act" means W.S. 9
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12
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101 through
9
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12
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603
9
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12
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802
.

9
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12
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601.

Wyoming business ready community program; purpose; creation; rulemaking.

(b)

The council shall establish and administer a Wyoming business ready community program as provided by this article. Any city, town or county may submit an application to the council for a grant or loan under the program on forms prescribed by and subject to rules promulgated by the council. Grants or loans may be applied for by a joint powers board with the approval of all participating agencies to the joint powers agreement. Grants and loans may be made by the council for economic or educational development infrastructure projects, including the purchase of land, buildings, facilities, telecommunications infrastructure, rights of way, airports, sewer and water projects, roads
, landscaping, recreational and convention facilities
or other infrastructure determined by the council to be consistent with the purposes of this article. In adopting rules and making grants and loans under this article the council shall require all projects to be related to economic or educational development infrastructure, which shall not include rehabilitation or expansion of existing infrastructure unless the applicant demonstrates the rehabilitation or expansion is necessary to retain an existing business or to facilitate the relocation of a business to the locality of the applicant. All grants, loans or cooperative agreements made under this article shall be referred by the council to the state loan and investment board for final approval or disapproval. The state loan and investment board may adopt rules as necessary to implement its duties under this article.

Section 3.

(a)

There is appropriated ten million dollars ($10,000,000.00) from the general fund to the community enhancement account created in section 1 of this act to implement the purposes of this act.

(b)

There is appropriated from the general fund to the Wyoming business council for the fiscal year beginning July 1, 2005, two hundred fifty-two thousand three hundred fifty dollars ($252,350.00) for personnel, information, marketing, research, consulting and other costs associated with implementing this act.

(c)

A report shall be provided annually on or before February 1 by the Wyoming business council to the joint minerals, business and economic development interim committee.

Section 4.
This act is effective July 1, 2005.

(END)

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HB0330