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HB0009 • 2022

Economic development programs-tribal inclusion.

AN ACT relating to the Eastern Shoshone and Northern Arapaho Tribes; clarifying that the Eastern Shoshone and Northern Arapaho Tribes may participate in specified economic development programs; omitting separate cooperative agreements for participation; specifying the definition and rule of construction for the cooperative tribal governing body; making conforming amendments; and providing for an effective date.

Housing
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Tribal Relations
Last action
2022-03-07
Official status
enrolled
Effective date
7/1/2022

Plain English Breakdown

The candidate explanation included claims about local governmental entities and the validity of existing agreements which were not supported by the official source material.

Clarification for Eastern Shoshone and Northern Arapaho Tribes' Participation in Economic Development Programs

This act clarifies that the Eastern Shoshone and Northern Arapaho Tribes can participate in specified economic development programs managed by the Wyoming Business Council without needing separate agreements.

What This Bill Does

  • Clarifies that the Eastern Shoshone and Northern Arapaho Tribes may join specified economic development programs administered by the Wyoming Business Council, including the Wyoming Business Ready Community Program, Wyoming Community Facilities Program, and Wyoming Workforce Housing Infrastructure Program.
  • Removes requirements for separate cooperative agreements between tribes and the state for participation in these programs.
  • Defines 'cooperative tribal governing body' as the inter-tribal council of the Eastern Shoshone and Northern Arapaho Tribes or its successor joint governing body.
  • Makes conforming amendments to Wyoming Statutes.

Who It Names or Affects

  • The Eastern Shoshone and Northern Arapaho Tribes
  • The Wyoming Business Council

Terms To Know

Cooperative Tribal Governing Body
Refers to the inter-tribal council of the Eastern Shoshone and Northern Arapaho Tribes or its official successor joint governing body.

Limits and Unknowns

  • The act does not specify how much funding will be allocated for tribal participation.
  • It is unclear if other tribes in Wyoming may also participate in these programs under similar conditions.

Bill History

  1. 2022-03-07 LSO

    Assigned Chapter Number 1

  2. 2022-03-07 Governor

    Governor Signed HEA No. 0001

  3. 2022-03-04 Senate

    S President Signed HEA No. 0001

  4. 2022-03-03 House

    H Speaker Signed HEA No. 0001

  5. 2022-03-03 LSO

    Assigned Number HEA No. 0001

  6. 2022-03-03 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  7. 2022-03-02 Senate

    S 2nd Reading:Passed

  8. 2022-03-01 Senate

    S COW:Passed

  9. 2022-02-28 Senate

    S Placed on General File

  10. 2022-02-28 Senate

    S09 - Minerals:Recommend Do Pass 5-0-0-0-0

  11. 2022-02-23 Senate

    S Introduced and Referred to S09 - Minerals

  12. 2022-02-21 Senate

    S Received for Introduction

  13. 2022-02-21 House

    H 3rd Reading:Passed 51-5-4-0-0

  14. 2022-02-18 House

    H 2nd Reading:Passed

  15. 2022-02-17 House

    H COW:Passed

  16. 2022-02-16 House

    H Placed on General File

  17. 2022-02-16 House

    H09 - Minerals:Recommend Do Pass 8-1-0-0-0

  18. 2022-02-15 House

    H Introduced and Referred to H09 - Minerals 59-1-0-0-0

  19. 2022-02-11 House

    H Received for Introduction

  20. 2021-12-17 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 22LSO-0098
Bill No.:

HB0009

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0098

Enrolled Act No.:

HEA No. 0001

Chapter No.:

1

Prime Sponsor:

Select Committee on Tribal Relations

Catch Title:

Economic development programs-tribal inclusion.

Subject:

Clarifying that the Eastern Shoshone and Northern Arapaho Tribes may participate in specified economic development programs.

Summary/Major Elements:

This act clarifies that the Eastern Shoshone and Northern Arapaho Tribes may participate in economic development programs administered by the Wyoming Business Council. The programs are the
Wyoming Business Ready Community Program, Wyoming Community Facilities Program, and Wyoming Workforce Housing Infrastructure Program.

The act removes any requirements for separate cooperative agreements for tribes to participate in the programs.

The act defines "cooperative tribal governing body" and specifies how it should be construed throughout Wyoming Statutes.

The act makes conforming amendments.

Comments:

Amends major programs: Wyoming Business Ready Community Program, Wyoming Community Facilities Program, and Wyoming Workforce Housing Infrastructure Program.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
22LSO-0098

ORIGINAL House

Bill No
.
HB0009

ENROLLED ACT NO. 1,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to the Eastern Shoshone and Northern Arapaho Tribes; clarifying that the Eastern Shoshone and Northern Arapaho Tribes may participate in specified economic development programs; omitting separate cooperative agreements for participation; specifying the definition and rule of construction for the cooperative tribal governing body; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 8
‑
1
‑
103(a) by creating a new paragraph (x), 9
‑
12
‑
601(a) and (b), 9
‑
12
‑
602, 9
‑
12
‑
801(c), (e)(ii) and (f), 9
‑
12
‑
803(e), 9
‑
12
‑
804, 9
‑
12
‑
902(a), 9
‑
12
‑
903(a) and 9
‑
12
‑
905(a) are amended to read:

8
‑
1
‑
103.

Rules of construction for statutes.

(a)

The construction of all statutes of this state shall be by the following rules, unless that construction is plainly contrary to the intent of the legislature:

(x)

Reference to the "cooperative tribal governing body" means the inter
‑
tribal council of the Eastern Shoshone and Northern Arapaho tribes or its official successor joint governing body. If the cooperative tribal governing body is a party to a cooperative agreement or contract with the state or a political subdivision under the laws of this state, a successor joint tribal governing body shall remain a party to the agreement or contract unless specified otherwise in the agreement or contract.

9
‑
12
‑
601.

Wyoming business ready community program; purpose; creation; rulemaking.

(a)

It is the purpose of this article to promote economic development at the city, town and county
level in order
levels and on the Wind River Indian Reservation
to create additional economic health and a stronger state economy.

(b)

The council shall establish and administer a Wyoming business ready community program as provided by this article. Any city, town
,

or
county
or the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body,
may submit an application to the council for a grant or loan under the program on forms prescribed by and subject to rules promulgated by the council. Grants or loans may be applied for by a joint powers board with the approval of all participating agencies to the joint powers agreement. Grants and loans may be made by the council for economic or educational development, planning or infrastructure projects, including the purchase of land, buildings, facilities, telecommunications infrastructure, rights of way, airports, sewer and water projects, roads, landscaping, recreational and convention facilities or other infrastructure determined by the council to be consistent with the purposes of this article. In adopting rules and making grants and loans under this article the council shall require all projects to be related to economic or educational development, planning or infrastructure, which shall not include rehabilitation or expansion of existing infrastructure unless the council determines the rehabilitation or expansion is necessary to meet the purposes of this article. Planning grants and loans shall be limited as provided in subsection (m) of this section. All grants
,

or
loans
or cooperative agreements
made under this article shall be referred by the council to the state loan and investment board for final approval or
disapproval. The state loan and investment board may adopt rules as necessary to implement its duties under this article.

9
‑
12
‑
602.

Wyoming business ready community program account.

There is created the business ready community account. Funds shall be 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 to be made under this article.

9
‑
12
‑
801.

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

(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
or the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body
, 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.

(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:

(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
‑
15
‑
115. No ownership interest to 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
,

or
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
‑
12
‑
803.

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

(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.

9
‑
12
‑
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.

9
‑
12
‑
902.

Wyoming workforce housing infrastructure program; creation; rulemaking.

(a)

The council shall establish and administer a Wyoming workforce housing infrastructure program as provided by this article. Any city, town, county
,

or
special improvement district
or the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body,
may submit an application to the council for a loan under the program on forms prescribed by and subject to rules promulgated by the council. Loans may be applied for by a joint powers board with the approval of all participating agencies to the joint powers agreement. Loans may be made by the council for workforce housing infrastructure projects and community land trust projects. In adopting rules and making loans under this article the council shall require all projects to be related to workforce housing infrastructure or community land trusts.

9
‑
12
‑
903.

Council duties; actions on loan applications.

(a)

All complete applications to participate in the program established under this article, which conform with the criteria established by law and rules promulgated under this article and which are submitted to the council, shall be considered by the council. The council shall approve or disapprove each application considered in accordance with this article and rules promulgated by the council. All loans
or cooperative agreements
made under this article shall be referred by the council to the state loan and investment board for final approval or disapproval. The state loan and investment board may adopt rules as necessary to implement its duties under this article.

9
‑
12
‑
905.

Wyoming workforce housing infrastructure program account.

(a)

There is created the workforce housing infrastructure program account. Funds shall be credited to the account as provided by law. Funds in the account shall be used only upon legislative appropriation for
cooperative agreements and
loans authorized to be made under this article. Except for any repayments of principal on loans, all funds including any earned interest in the account shall revert to the general fund on April 1, 2011. Any repayments of principal on loans under this article remaining in the workforce housing infrastructure program account at the end of a biennium shall not lapse and shall not revert as provided in W.S. 9
‑
4
‑
207 but shall remain in the account to implement the purposes of this section.

Section 2.

W.S. 9
‑
12
‑
601(h), 9
‑
12
‑
805 and 9
‑
12
‑
902(j) are repealed.

Section 3
.

This act is effective July 1, 2022
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1