Administrative Rule Review Report  #AR10-012

Legislative Service Office

02-Feb-10

 

AGENCY:                                 Wyoming Business Council.

 

DATE SUBMITTED:                   January 27, 2010.

 

SUBJECT:                                 Chapter 1, General Provisions; Chapter 2, Business Ready Community Grants; and Chapter 3, Business Ready Community Loans.

 

NATURE OF RULES:                     Legislative, Procedural

 

STATUTORY AUTHORITY:         W.S. 9-12-104(a)(iv) and 9-12-601(b)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: 

While the Wyoming Administrative Procedure Act does not apply generally to the Wyoming Business Council [W.S. 9-12-103(g)], W.S. 9-12-104(a)(iv) provides that rules adopted by the Wyoming Business Council be submitted to the Management Council for review.  Otherwise, procedural compliance is apparently complete to date.

 

SUMMARY OF RULES:

Chapter 1 provides for child care/senior care projects as business committee projects, main street/downtown projects defined as community readiness projects and special assistance loan funds, expands information required at public hearings, establishes the funding cycle for child care or senior care projects, limits awards on child care or senior care projects to once per fiscal year, limits awards on managed data center cost reduction projects to once per fiscal year, expands application evaluation criteria, establishes grant match requirements of 15% for business committee and community readiness projects, allows special assistance loan funds to be used for match requirements and provides for project delays and contingencies.

 

Chapter 2 requires the applicant to schedule a consultation with the regional director, limits the grant or loan amount from $1,500,000 to $1,000,000 for the community readiness projects, allows additional $1,500,000 from the loan program or the special assistance loan fund, reduces the grant or loan amounts for the community enhancement projects from $500,000 to $250,000 and allows an additional $1,500,000 from the special assistance loan fund and provides for preference for projects that enhance certified tourism community program or the main street program.

 

Chapter 3 provides for a business ready community loan or a special assistance loan to meet funding requirements, requires applicant consultation with regional directors and provides for a special assistance loan maximum of $1,500,000 in addition to the $1,500,000 business ready community loan.

 

Administrative Rule Review Report  #AR10-012

Legislative Service Office

02-Feb-10

 

 

TECHNICAL NOTES FOR AGENCY CONSIDERATION:

That the Council recommend the agency make the following technical corrections:

 

Chapter 1, Section 10(b)(i) (page 1-7), "Child Main Street/Downtown" should be "Main Street/Downtown".

 

Chapter 1, Section 12(o) (page 1-10), "BRC" should be "Business Ready Community".

 

Chapter 2, Section 1(a)(xiii) (page 2-2), "WBC" should be "Wyoming Business Council".

 

Chapter 2, Section 2(b)(xi) (page 2-4), "WBC" should be "Wyoming Business Council".

 

Chapter 2, Section 3(b)(xi) (page 2-6), "WBC" should be "Wyoming Business Council".

 

Chapter 2, Section 4(c)(x) (page 2-9), "WBC" should be "Wyoming Business Council".

 

Chapter 3, Section 2(a), second (x),  (page 3-2), second "(x)" should be "(xi)" and "WBC" should be "Wyoming Business Council".

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.  Further, that the Council recommend the Governor direct the Agency to incorporate the forgoing technical notes prior to filing the rules or at the next time the rules are amended.

 

 

 

                                                            ___________________________

                                                            Maxine R. Weaver

                                                            Staff Attorney

 

 

 

                                                            ____________________________

                                                            Lynda G. Cook

                                                            Staff Attorney

MRW/