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20LSO-0178
2020
STATE OF WYOMING
20LSO-0178
ENGROSSED
3.0
SENATE FILE NO. SF0099
Mineral royalty grant and loan qualification.
Sponsored by: Senator(s) Steinmetz, Agar, Anderson, Baldwin, Bebout, Biteman, Boner, Coe, Driskill, Ellis, Gierau, Kost, Moniz, Pappas, Schuler and Scott and Representative(s) Blake, Clausen, Duncan, Eklund, Hunt, Kirkbride, Laursen, Lindholm, Northrup, Sommers, Styvar, Tass and Western
A BILL
for
AN ACT relating to government royalty revenue; amending the definition of "special districts" for purposes of mineral royalty loans and grants; clarifying projects that are eligible for loans and grants; 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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4
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604(a)(i), (h)(intro) and by creating a new paragraph (v) and (p) is amended to read:
9
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4
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604.
Distribution and use; capital construction projects and bonds; municipal, county and special district purposes.
(a)
Revenues received under W.S. 9
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4
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601(a)(vi) and (b)(i) shall be credited to a capital construction account. No money shall be expended from the account until the money has been appropriated by the legislature to the state loan and investment board through the normal budget process to be used in the board's discretion for any purpose authorized by this section. The revenues shall be used to finance state revenue bonds as provided by this section. The balance shall be used for the making of loans or grants to incorporated cities and towns, counties and special districts as provided in this section. No loan or grant shall be made by the state loan and investment board under the provisions of this section until the loan or grant application has been referred by the board to a state agency for review as determined by the board. The state agency shall provide the board with a written review of any loan or grant application referred to the agency and any other assistance requested by the board. No grant shall be made by the state loan and investment board under this
section to any county unless the county imposes at least eleven (11) or ninety
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one and sixty
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seven one
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hundredths percent (91.67%) of the available mills authorized by article 15, section 5 of the Wyoming constitution, or unless the county is imposing the optional sales tax authorized under W.S. 39
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15
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204(a)(i) or (iii). No grant shall be made by the state loan and investment board under this section to any municipality unless the municipality imposes at least seven (7) or eighty
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seven and five
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tenths percent (87.5%) of the available mills authorized by article 15, section 6 of the Wyoming constitution. No grant shall be made by the state loan and investment board under this section to any special district or other lawful entity which imposes less than eighty percent (80%) of any authorized mill levy. The state loan and investment board may waive the taxation requirements imposed by this subsection for good cause shown such as other funding sources, but in no case shall the state loan and investment board authorize any grant to any municipality under this section which does not impose at least two (2) or twenty
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five percent (25%) of the available mills authorized by article 15, section 6 of the Wyoming constitution. The state loan and investment board shall grant money as
authorized by this section only when the board finds the grant is necessary to:
(i)
Alleviate an emergency situation which poses a direct and immediate threat to health, safety or welfare
or is likely to cause economic disaster
;
(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
, irrigation districts to the extent provided by paragraph (v) of this subsection
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.
The county or special district shall be eligible for funding under this subsection if the county or special district is operating the project pursuant to a long term contract.
Loans or grants shall be made only under the following conditions:
(v)
Except for requests made under paragraph (a)(i) of this section, no loans or grants shall be made to an irrigation district until the state loan and investment board determines the necessity of the project. In making a determination under this paragraph, the board shall
consider the ability of the district to fund the project, in whole or in part, through local public revenue sources and the availability of full or partial funding for the project through the Wyoming water development program. The board may consult with the water development commission for purposes of this paragraph.
(p)
As used in subsection (a) of this section, "essential public service" means a public service facility owned by the applicant and available for use by the general public
or providing a public benefit
including: water and sewer projects, storm drainage projects,
irrigation projects,
street and road projects, solid waste disposal projects, local natural gas utility pipelines and distribution systems, acquisition of emergency vehicles, public administration buildings, health care facilities, senior citizens centers, jail and detention facilities, facilities needed to provide services to the disabled, costs to purchase medical equipment that generates revenue sufficient to service a Joint Powers Act loan, as determined by the board, and similar facilities as authorized by the board. To be considered an "essential public service" under this section, local natural gas
utility pipelines and distributions center and similar facilities shall be located in rural and unserved areas. "Essential public service" also means refinancing outstanding loans extended to the applicant.
Section 2
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This act is effective July 1, 2020
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(END)
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SF0099