Wyoming community facilities program.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0071

ENROLLED ACT NO. 114, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to the administration of government; establishing a program assisting local governments with community facility projects; establishing an account; providing for program administration by the business council; delegating rulemaking authority; authorizing grants, loans and cooperative agreements; requiring approval by the state loan and investment board; providing for a continuous appropriation and making appropriations;
providing for a survey; providing for reports;
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 through 9
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12
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804 are created to read:

ARTICLE 8
WYOMING COMMUNITY FACILITIES PROGRAM

9
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12
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801.

Wyoming community facilities program; purpose; creation; administration by council; rulemaking authority; eligible projects.

(a)

It is the purpose of this article to assist communities to preserve former school and government facilities that have existing or future community uses.

(b)

The council shall administer a Wyoming community facilities program as provided by this article, subject to the approval of grants and loans by the state loan and investment board as provided by this article.

(c)

Any qualifying community with a demonstrated need for a community facility, including a city, town, county, joint powers board or other local governmental entity, may submit an application to the council for a grant or loan under this program on forms prescribed by and subject to rules promulgated by the council. Application by a joint powers board shall require the approval of all participating agencies to the joint powers agreement.

(d)

Grants or loans may be recommended by the council and awarded by the state loan and investment board for economic development community facilities projects which provide:

(i)

Space for community gatherings and functions;

(ii)

Appropriate recreational, swimming and athletic facilities for community members, particularly youth;

(iii)

Other functions or uses determined by the council to be consistent with the purposes of this article.

(e)

In adopting rules and recommending grants and loans under this article, the council shall require all projects to be related to economic development or enhancement of quality of life in a community. Projects may consist of:

(i)

The expansion, renovation or remodeling of existing surplus government facilities;

(ii)

The purchase of an interest in or cooperative agreements for the expansion, renovation or conversion of school facilities to the extent the facilities exceed statewide school building and facility adequacy standards established by the school facilities commission under W.S. 21
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15
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115
. No ownership interest nor any right to exercise control over the project or facility under a project shall remain with the school district upon expenditure of any funds under this program for any project.

(f)

All grants, loans or cooperative agreements recommended by the council shall be referred by the council to the state loan and investment board for final approval or disapproval in accordance with this article.

9
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12
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802.

Community facility qualifications; demonstration of need.

(a)

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

(i)

A commitment by the applicant community to adequately maintain the project facility for which the grant or loan is requested during a reasonable period of time;

(ii)

A partnership or other working arrangement or agreement with other local governmental entities to ensure the viability of the project facility over a reasonable period of time;

(iii)

The project facility is not otherwise provided in the community or that such a facility exists except that the financing of that facility has not been paid in full;

(iv)

The project will not compete with existing governmental organizations or businesses;

(v)

The relationship of the project facility to a community economic development plan or to the enhancement of quality of life in the community;

(vi)

That all project costs will be funded at the time of receipt of a grant or loan under this article, with funding sources specified within the project application;

(vii)

The availability of funds sufficient to maintain the project facility. The project application shall clearly identify maintenance funding sources sufficient to cover maintenance costs for a period of not less than four (4) years;

(viii)

Any other criteria developed by the council consistent with the purposes of this article.

9
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12
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803.

Community facility grant and loan; approval by state loan and investment board.

(a)

Grants shall be awarded on a matching basis at match proportions recommended by the council and approved by the board.

(b)

Grants or loans may be used to fund project costs in accordance with approved applications and rules and regulations established by the council. Grant or loan funds may be used to contract with community development organizations and state development organizations in accordance with this article and approved project applications. For purposes of this subsection, "community development organizations" shall be as defined under W.S. 9
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301(a)(ii) and "state development organizations" shall be as defined under W.S. 9
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12
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301(a)(iv).

(c)

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.

(d)

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

(e)

The council shall prioritize proposed cooperative agreements, grants and loans it recommends to the state loan and investment board in accordance with rules it adopts under this article.

(f)

The state loan and investment board shall adopt rules as necessary to implement its duties under this article governing the approval or disapproval of projects recommended by the council.

9
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804.

Wyoming community facilities program account.

The community facilities program account is created within the special revenue fund and shall consist of funds credited to the account as provided by law. Funds in the account are continuously appropriated to the council to be used only for cooperative agreements, grants or loans authorized by the state loan and investment board under this article.

Section 2.
W.S. 9
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12
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102(a)(viii) is amended to read:

9
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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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101 through
9
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12
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603
9
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12
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804
.

Section 3.

(a)

Seven million five hundred thousand dollars ($7,500,000.00) is appropriated from the general fund to the Wyoming community facilities program account established under W.S. 9
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12
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804 as created under section 1 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)

The council shall report to the joint appropriations and joint minerals, business and economic development interim committees not later than December 1, 2005 with respect to all grants and loans awarded and cooperative agreements entered under the provisions of the Wyoming community facilities program established under 9-12-801. The report shall include the name of the recipient of each loan or grant, the amount of each loan or grant and the project funded.

(d)

The council shall survey opportunities to include in the Wyoming community facilities program other community enhancements, recognizing individual community needs. The council shall provide a report of the survey to the joint appropriations and joint minerals, business and economic development interim committees not later than September 1, 2005 for consideration of possible legislation to address those needs.

Section 4.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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