State loan and investment board grant and loan program.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0448

HOUSE BILL
NO.
HB0188

State loan and investment board grant and loan program.

Sponsored by:

Representative(s) Semlek, Brown, Buchanan, Diercks,
Hinckley
and Samuelson and Senator(s) Meier, Nicholas, Peterson, Ross and Townsend

A BILL

for

AN ACT relating to
administration of government; providing for adjustments on matching grants
to political subdivisions from the state loan and investment board grant and loan program
;

providing conforming amendments;
providing an appropriation;
and providing for an effective date.

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

Section 1.

W.S. 9
‑
4
‑
608 is created to read:

9
‑
4
‑
608.

State loan and investment board distribution of funds.

(a)

The state loan and investment board shall distribute funds under W.S. 9
‑
4
‑
604(g) and (h) as follows:

(
i
)

For counties
and special districts
,

excluding consideration of
local optional taxes
:

(A)

I
n the top fifty percent (50%) of ranking per capita on property and sales and use tax collections, the counties shall provide a match
equal
to the grant from the state;

(
B
)

In the twenty-six
percent (26%)
to forty-nine percent
(49%)
of ranking per capita on property and sales and use tax collections, the counties shall provide a match
equal to one-third (1/3) of the
grant from the state;

(C)

For counties in the bottom twenty-five percent (25%) of ranking per capita on property and sales and use tax collections, the counties shall provide a match
equal to one-ninth (1/9) of
the grant from the state.

(ii)

For cities and towns
,
excluding consideration of
local optional taxes
:

(A)

In the top fifty percent (50%) of ranking per capita on property and sales and use tax collections, the cities and towns shall provide a match
equal
to the grant from the state;

(B)

In the twenty-six
percent (26%)

to forty-nine percent
(49%)
of ranking per capita on property and sales and use tax collections, the cities and towns shall provide a match
equal to one-third (1/3) of
the grant from the state;

(C)

In the bottom twenty-five percent (25%) of ranking per capita on property and sales and use tax collections, the cities and towns shall provide a match
equal to one-ninth (1/9) of
the grant from the state.

(b)

For purposes of this section, a special district shall be deemed to be in the county where the majority of the assessed value of the special district lies.

Section 2.

W.S. 9
‑
4
‑
604(g)
(ii)
(intro)
,
(C)
and (h)
(ii)

is
amended to read:

9
‑
4
‑
604.

Distribution and use; capital construction projects and bonds; municipal, county and special district purposes.

(g)

Not to exceed forty million dollars ($40,000,000.00) of the total proceeds of all bonds issued under subsection (b) of this section may be loaned or granted to incorporated cities and towns. Loans or grants shall be made only under the following conditions:

(ii)

Grants may be made for municipal purposes either standing alone or in conjunction with a loan under paragraph (i) of this subsection. Grants may be applied for by a joint powers board with the approval of the city or town which is a member of the board or by one (1) or more cities or towns and shall not be pledged to be payable over a term of years but shall be distributed within a reasonable time following approval. Grants shall be
used to finance n
ot more than fifty percent (50%)

of
th
e cost of any portion of a project which is unable to be financed under paragraph (i) of this subsection and projects for street, curb, gutter or storm drainage improvements provided the state loan and investment board may make
grants in excess of fifty percent (50%)

if the board determines that the applicant or the member cities or towns if the applicant is a joint powers board, either levied at least seven (7) mills for operating expenses including special district levies chargeable against the general city or town levy during the current fiscal year or is imposing the optional tax permitted by W.S. 39
‑
15
‑
204(a)(i) or (iii) at the time of the application and is utilizing all other local revenue sources reasonably and legally available to finance the project

in proportions to the amounts specified pursuant to W.S. 9
‑
4
‑
608

and:

(C)

The
fifty percent (50%)

limitation on grants
, pursuant to W.S. 9
‑
4
‑
608,
does not apply to improvements to county or state highways within city or town boundaries unless otherwise required by the state loan and investment board.

(h)

Not to exceed twenty million dollars ($20,000,000.00) of the total proceeds of all bonds issued under subsection (b) of this section may be loaned or granted to counties or special districts. As used in this subsection "special districts" means hospital districts, fire protection districts, sanitary and improvement districts, solid waste disposal districts, service and improvement districts and water and sewer districts. Notwithstanding any other provision of law, no special district, either standing alone or as a member of a joint powers board, shall receive any grant or loan under this section until the special district's grant or loan application has received a written review from the board of county commissioners in any county in which the special district is located. The board of county commissioners shall review: (1) the ability of the special district to fund the project through bonds, (2) whether the project is adverse to the needs, plans or general welfare of the county, (3) whether the special district has utilized local funding resources, and (4) whether the special district has met county standards. If any part of the special district lies within five (5) miles of the corporate limits of any city or town, the special district's grant or loan application shall also receive a written review from the governing body of the city or town. The written review shall be submitted to the state loan and investment board by the special district with its grant or loan application. Loans or grants shall be made only under the following conditions:

(ii)

Grants may be made for county or special district purposes either standing alone or in conjunction with a loan under paragraph (i) of this subsection. Grants may be applied for by a joint powers board with the approval of the county or special district which is a member of the board or by one (1) or more counties or special districts and shall not be pledged by the board to be payable over a term of years but shall be distributed within a reasonable time following approval. Grants shall be
used to finance not more than fifty percent (50%) of the cost of any portion of a project which is unable to be financed under paragraph (i) of this subsection provided the state loan and investment board may make grants in
excess of fifty percent (50
%)

if the board determines that the applicant either levied at least eleven (11) mills for operating expenses during the current fiscal year or is imposing the optional tax permitted by W.S. 39
‑
15
‑
204(a)(i) or (iii) at the time of the application and is utilizing all other local revenue sources reasonably and legally available to finance the project

in proportions to the amounts specified pursuant to W.S. 9
‑
4
‑
608
;

Section 3.

There is appropriated from
the
general fund to the
state loan and investment board
one hundred seventy
million dollars ($
17
0,000,000.00)
for grants pursuant to W.S. 9
‑
4
‑
604(g) and (h)
. Fifty million dollars
($50,000,000.00)
shall be for
funding matching grants to counties
and
one hundred twenty million dollars ($120,000,000.00)
shall be
for funding matching grants to cities
,
towns
and special districts
.

Section
4
.

This act is effective July 1, 2006.

(END)

1
HB0188