NCAR supercomputer funding.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0146

ENROLLED ACT NO. 29, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to the national center for atmospheric research supercomputing center;
authorizing the
University of Wyoming to
acquire
the center facility by issuing revenue bonds or pledging federal mineral royalty distributions as specified; specifying terms and conditions; and providing for an effective date.

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

S
ection 1.

W.S. 21
‑
17
‑
451 is created to read:

21
‑
17
‑
451.

Contingent authorization f
or
the university to
acquire
the national center for atmospheric research supercomputer center facility.

(a)

Subject to the terms and conditions of this section,
the
U
niversity
of
Wyoming
board of trustees is authorized to
acquire
the facility housing the national center for atmospheric research supercomputer center constructed and operated in accordance with the memorandum of understanding and final contract entered into pursuant to 2007 Wyoming Session Laws, Chapter 136,
S
ection 336. The
acquisition
may be made
by:

(i)

Pursuant to subsection (b) of this section

notwithstanding
W.S. 21
‑
17
‑
408(b)
,
pledging and, as required, using f
ederal mineral royalties distributed to the
u
niversity pursuant to W.S. 9
‑
4
‑
601(a)(iv)
to
fund the
principal amount and accrued interest remaining to be paid on industrial development revenue bonds issued by Laramie County, Wyoming, and purchased by the state treasurer
to fund the construction of the center facility;
or

(ii)

Pursuant to subsection (c) of this section,
the issuance of revenue bonds under the University Securities Law, W.S. 21
‑
17
‑
402 through 21
‑
17
‑
450
.

(b)

Any action taken by the board pursuant to
paragraph (a)(i)
or (ii)
of
this section shall be subject to the following terms and conditions:

(
i
)

All final agreements have been executed for construction and operation of the
c
enter as required in 2007 Wyoming Session Laws, Chapter 136, Section 336(d);

(
ii
)

The final agreements in paragraph (
i
) of this
subsection
include binding provision
s

as follows:

(A)

I
f the national science foundation ceases to fund the center
on or after July 1, 2019
, the national center for atmospheric research shall
provid
e
written notice to the
U
niversity of Wyoming at least one (1) year in advance of the date upon which funding will cease
;

(B)

If the national science foundation ceases to fund the center as provided in subparagraph (A) of this paragraph, the university consortium for atmospheric research, which is the parent organization for the national center for atmospheric research, shall
transfer ownership of all its interest in the center to the
U
niversity of Wyoming so that the university holds one hundred percent (100%) ownership interest in the center facility
.

(
c
)

If the national science foundation ceases to fund the center as provided in subparagraph (b)(ii)(A) of this section, t
o the extent the board of trustees determines that the
issuance of revenue bonds under the
University Securities Law may more economically or otherwise better accomplish the purposes of this section
,

and no other source of revenue
other than the pledge under paragraph (a)(i) of this section
has been committed to meet the repayment obligations required by the
industrial development revenue
bonds
,

t
he board
may
issue its revenue bonds
to repay the industrial development revenue bonds if the state treasurer still owns them
.

(d)

The university shall report any notification
from the
national center for atmospheric research
under subparagraph (b)(ii)(A) of this section
to the governor, state treasurer, joint appropriations
interim
committee and joint minerals, business and economic development interim committee of the legislature
.

Section 2.

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

1