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20LSO-0134
2020
STATE OF WYOMING
20LSO-0134
Numbered
2.0
HOUSE BILL NO. HB0177
Wyoming outdoor recreation trust fund.
Sponsored by: Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee
A BILL
for
AN ACT relating to the administration of government; creating a Wyoming outdoor recreation trust fund account and income account; creating the Wyoming outdoor recreation trust fund account board and specifying powers and duties of the board; providing for distribution of funds; requiring audits and reports; providing rulemaking authority; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 9
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3101 through 9
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3107 are created to read:
ARTICLE 31
WYOMING OUTDOOR RECREATION TRUST FUND
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3101.
Short title.
This act shall be known and may be cited as the "Wyoming Outdoor Recreation Trust Fund Act."
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3102.
Definitions.
(a)
As used in this act:
(i)
"Board" means the Wyoming outdoor recreation trust fund account board created by W.S. 9
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3104;
(ii)
"Division" means the division of state parks and historic sites within the department of state parks and cultural resources, or its successor;
(iii)
"Income account" means the Wyoming outdoor recreation trust fund income account created by W.S. 9
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3103(b);
(iv)
"Outdoor recreational infrastructure" means trailheads, trails, shooting ranges, boat ramps, cell towers, motorized and nonmotorized play areas and other related physical and organizational structures and facilities;
(v)
"Trust account" means the Wyoming outdoor recreation trust fund account created by W.S. 9
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3103(a);
(vi)
"This act" means W.S 9
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3101 through 9
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3107.
9
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3103.
Wyoming outdoor recreation trust fund account and income account; creation; source of funds.
(a)
The Wyoming outdoor recreation trust fund account is created. The trust account shall consist of those funds designated to the account by law and all monies collected
from federal grants and other contributions, grants, gifts, bequests and donations to the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations. Funds deposited within the trust account shall be inviolate and constitute a perpetual trust fund which shall be invested by the state treasurer as authorized under W.S. 9
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715(a), (d) and (e) and in a manner to obtain the highest return possible consistent with preservation of the trust account corpus.
(b)
The Wyoming outdoor recreation trust fund income account is created. The state treasurer shall credit annually to the income account interest on funds in the income account and in the trust account and income earned from the investment of funds in the income account and the trust account corpus, except no funds shall be credited to the income account under this subsection, and shall be instead credited to the trust account, until the corpus of the trust account equals four million dollars ($4,000,000.00) or until July 1, 2022, whichever occurs earlier. The legislature may, from time to time, appropriate funds directly to the income account for
distribution in accordance with the terms of this act. Such specially appropriated funds shall be credited directly by the state treasurer to the income account. No funds shall be expended from the income account until appropriated by the legislature.
(c)
Individuals and other entities may grant, give, transfer, bequest or donate funds to the trust account or the income account. These individuals and other entities may specify in writing whether the funds should be credited to the trust account or the income account.
(d)
Subject to legislative appropriation, expenditures from the income account shall only be for the following:
(i)
No more than eighty percent (80%) of the funds in the income account per annum may be disbursed by the board for:
(A)
Grants for the planning, design, improvement and maintenance of existing or potential
outdoor recreational infrastructure tied to local governmental entities, the state or the federal government, including grants for the purchase of public access easements necessary to enhance these lands;
(B)
Outdoor recreation related education and public outreach.
(ii)
No more than twenty percent (20%) of the funds in the income account per annum may be expended for necessary administrative expenses incurred by the board under this act and for the operation, administration and maintenance of the division to enhance and expand the outdoor recreation industry and improve outdoor recreation infrastructure and access within the state.
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3104.
Wyoming outdoor recreation trust fund account board; creation; meetings.
(a)
The Wyoming outdoor recreation trust fund account board is created. The board shall consist of six (6) members, as follows:
(i)
The administrator of the division or his designee who shall serve as a nonvoting ex officio member of the board; and
(ii)
Five (5) members appointed by the governor and confirmed by the senate. The members shall be Wyoming residents and knowledgeable in the area of outdoor recreation. Membership on the board shall reflect the broad spectrum of interests involved in outdoor recreation. Not more than one (1) member shall be from any given county.
(b)
Except for the initial board, each appointed member of the board shall serve for a term of six (6) years. Of the initial appointees, one (1) member shall be appointed for two (2) years, two (2) members shall be appointed for four (4) years and two (2) members shall be appointed for six (6) years. The governor may remove any member as provided in W.S. 9
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202. Board members may be reappointed for a maximum of one (1) additional six (6) year term. A vacancy on the board shall be filled by the governor for the balance of the unexpired term. The board
shall select one (1) of its appointed members to serve as chairman.
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3105.
Wyoming outdoor recreation trust fund account board; duties and responsibilities.
(a)
The board shall meet not less than two (2) times each year. Members shall serve without compensation but, subject to legislative appropriation, shall be reimbursed from the income account for expenses incurred in the performance of their duties in the manner and amounts provided by law for legislators.
(b)
The board shall receive and evaluate applications for grants from the income account as authorized under W.S. 9
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3103(d)(i).
(c)
The board shall annually report to the governor, the joint appropriations committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than October 1 with respect to all:
(i)
Federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the Wyoming outdoor recreation trust fund during the preceding fiscal year; and
(ii)
Grants awarded by the board to nonprofit and governmental organizations.
(d)
The board shall review and monitor grants to grantees and expenditure of monies from the income account to the board and the division.
(e)
The board shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to carry out its duties under this act, including rules to:
(i)
Establish the procedure for grant application submittal;
(ii)
Establish criteria for grants from the income account as authorized under W.S. 9
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3103(d)(i);
(iii)
Establish criteria to require matching funds or other in
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kind contributions from grantees;
(iv)
Evaluate, rank and prioritize grant proposals with an emphasis on those projects that will have the greatest impact on citizen utilization of outdoor recreational infrastructure.
(f)
In fulfilling its duties under this act the board may:
(i)
Consult as necessary with other governmental agencies, persons and nonprofit organizations;
(ii)
Accept or decline federal grants and other contributions, grants, gifts, transfers, bequests and donations of any money or personal property from any source.
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3106.
Disbursement of grants from the income account.
(a)
Subject to application approval and legislative appropriation, the board may award grants as authorized under W.S. 9
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3103(d)(i) and consistent with the rules of the board.
(b)
The board shall have the discretion to determine the amount of money awarded under each grant and any conditions attached to the grant.
(c)
No funds shall be expended for grants from the income account except upon specific legislative authorization as provided under W.S. 9
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3105(c).
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3107.
Biennial audit; report by board.
(a)
The director of the department of audit or his designee shall audit the trust account and the income account.
(b)
The board shall annually report to the governor, the joint appropriations committee and the joint travel,
recreation, wildlife and cultural resources interim committee not later than September 1 with respect to all:
(i)
Federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the trust account or income account during the preceding fiscal year;
(ii)
Grants awarded and funds disbursed by the board under W.S. 9
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3103(d)(i);
(iii)
Funds disbursed by the board to the division under W.S. 9
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3103(d)(ii).
Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming
Constitution.
(END)
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HB0177