Administrative Rule Review Report  #AR10-029

Legislative Service Office

25-May-10

AGENCY: State Treasurer.

DATE SUBMITTED: May 10, 2010.

SUBJECT: Chapter 1, Information Practices (Repeal); Chapter 1, Linked Deposits (Repeal); Chapter 1, Real Estate Mortgages (Repeal); Chapter 1, Small Business Assistance Act (Repeal); Chapter 1, Wyoming Family College Savings Plan (Repeal);  and Chapter 1, Local Investment Pool.

NATURE OF RULES:                         Legislative, procedural.

STATUTORY AUTHORITY:              W.S. 9-1-416, 21-16-813

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the agency's intent to adopt new rules was not provided by LSO because the agency did not provide notice that the rules were new rules.  The repeal of these rules is in response to various statutory repeals made by past legislatures, as noted below, and are therefore not necessarily new rules requiring notice under W.S. 16-3-103(a)(i)(D) and 28‑9‑103(d).

SUMMARY OF RULES:  Chapter 1, Wyoming family college savings program is repealed in response to changes made through 2006 Wyoming Session Laws, Chapter 46.  Chapter 1, information practices is repealed because the agency determined that the rules are out-dated and no longer required.  Chapter 1, real estate mortgages is repealed in response to the repeal of 9-4-701(d) and 9-4-712(b)(i)(B) and (x) in 2003 Wyoming Session Laws, Chapter 110. Chapter 1, small business assistance act is repealed in response to the repeal of 9-4-701(e) in 2008 Wyoming Session Laws, Chapter 113.  Chapter 1, linked deposits is repealed in response to the repeal of W.S. 9-4-832 in 1986 Wyoming Special Session Laws, Chapter 5.

Chapter 1, local investment pool, is amended by adding an automated clearing house (ACH) as a method to make deposits and by changing the time when notices of withdrawal must be made from 11:00 a.m. to 2:00 p.m. on the day preceding the day of withdrawal.

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.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/