S.F. No. 0071

Wyoming community facilities program.

Sponsored By: Senator(s) Ross, Anderson, J. and Schiffer and Representative(s) Berger, Hammons, Hinckley and Semlek

AN ACT relating to the administration of government; establishing a program assisting local governments with community facility projects; establishing an account; providing for program administration by the business council; delegating rulemaking authority; authorizing grants, loans and cooperative agreements; requiring approval by the state loan and investment board; providing for a continuous appropriation and making an appropriation; and providing for an effective date.

1/7/2005 Bill Number Assigned

1/10/2005 S Received for Introduction

1/11/2005 S Introduced and Referred to S02

2/3/2005 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Anderson, J., Job and Nicholas

Nays: Senator(s) Case and Hines

Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0

2/3/2005 S Placed on General File

SF0071SS001/ADOPTED

Page 4-line 6 After "development" insert "or improvement".

Page 4-line 7 Delete and reinsert "existing infrastructure required to serve a facility or other portions of".

Page 5-after line 23 Insert and renumber:

"(iv) The project will not compete with existing governmental organizations or businesses;".

Page 6-line 1 Delete "(iv)" insert "(v)".

Page 6-line 5 Delete "(v)" insert "(vi)".

Page 6-line 9 Delete "(vi)" insert "(vii)".

Page 6-line 15 Delete "(vii)" insert "(viii)".

Page 6-line 23 After "board" insert "." and delete balance of line.

Page 7-lines 1 and 2 Delete.

Page 9-line 12 Delete "Thirty million dollars ($30,000,000.00)" insert "Five million dollars ($5,000,000.00)". HINES, CHAIRMAN

SF0071SW001.01/ADOPTED (CORRECTED COPY)

(DIVIDED AMENDMENT)

Page 1-line 8 Delete "an appropriation" insert "appropriations".

Page 9-line 12 After "3." insert "(a)".

Page 9-after line 15 Insert:

"(b)  There is appropriated from the general fund to the Wyoming business council for the fiscal year beginning July 1, 2005, two hundred fifty-two thousand three hundred fifty dollars ($252,350.00) for personnel, information, marketing, research, consulting and other costs associated with implementing this act.". ROSS, ANDERSON

SF0071SW001.02/FAILED (CORRECTED COPY)

(DIVIDED AMENDMENT)

Page 9-line 12 Delete the Senate Standing Committee Amendment (SF0071SS01/A) to this line and further amend as follows: delete "Thirty million dollars ($30,000,000.00)" insert "(a) Ten million dollars ($10,000,000.00)". ROSS, ANDERSON

2/7/2005 S Passed CoW

SF0071S2001/ADOPTED

Page 2-line 7 Delete "further" insert "assist communities to preserve former school and government facilities that have existing or future community uses.".

Page 2-lines 8 thru 11 Delete.

Page 4-line 1 Delete and renumber.

Page 4-line 3 Delete "(ii)" insert "(i)".

Page 4-line 4 After "existing" insert "surplus government".

Page 4-lines 6 thru 12 Delete, including the Senate Standing Committee Amendment (SF0071SS001/A) to these lines and renumber.

Page 4-line 14 Delete "(iv)  The construction of," insert "(ii) The".

Page 8-line 9 Delete "may" insert "shall". CASE, LARSON

2/8/2005 S Passed 2nd Reading

SF0071S3001/FAILED

Delete the Case Second Reading Amendment (SF0071S2001/A) entirely and further amend as follows:

Page 4-after line 21 Insert and renumber:

"(f) The council shall give higher priority to any project calling for the rehabilitation and re-use of a surplus public school or governmental building to be used for community improvement efforts for which there is a demonstrated lack of alternative funding sources.".

Page 4-line 23 Delete "(f)" insert "(g)".

Page 8-line 9 Delete "may" insert "shall". ANDERSON, SCHIFFER, ROSS

2/9/2005 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern.

Nays: Senator(s) Scott

Excused: Senator(s) Meier

Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0

2/10/2005 H Received for Introduction

2/10/2005 H Introduced and Referred to H10

2/15/2005 H Rereferred to H09

2/23/2005 H09 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Brechtel, Esquibel, Hammons, Harvey, Hinckley, Latta, Lockhart, Quarberg and Samuelson

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/23/2005 H Placed on General File

2/23/2005 H Rereferred to H02

2/24/2005 H02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Berger, Jones, Meuli, Petersen, Philp, Simpson and Warren

Excused: Representative(s) Jorgensen

Ayes 7 Nays 0 Excused 1 Absent 0 Conflicts 0

2/24/2005 H Placed on General File

SF0071HS001/ADOPTED (TO ENGROSSED COPY)

That Substitute No. 1 for SF0071 Engrossed DO Pass. SAMUELSON, ACTING CHAIRMAN

SF0071HS002/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 1-line 10 After "appropriations;" insert "providing for a reversion of funds; providing for a report;".

Page 11-line 15 After "act." insert "Funds in the Wyoming community facilities program account that are unobligated and unencumbered as of June 30, 2006 shall revert to the general fund.".

Page 12-After line 6 Insert:

"(d) The council shall report to the joint appropriations and joint minerals, business and economic development interim committees no later than December 1, 2005 with respect to all grants and loans awarded and cooperative agreements entered under the provisions of the Wyoming community facilities program established under W.S. 9-12-801. The report shall include the name of the recipient of each loan or grant, the amount of each loan or grant and the project funded.". PHILP, CHAIRMAN

2/25/2005 H Passed CoW

SF0071H2001/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 3-line 15 After "recreational" insert ", cultural, art".

Page 4-line 20 After "recreation" insert ", cultural and art". WARREN

SF0071H2002/ADOPTED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 4-line 15 After "21-15-115" delete balance of the line and insert ". No ownership interest nor any right to exercise control over the project or a facility under a project shall remain with the school district upon expenditure of any funds under this program for any project;".

Page 8-line 6 After "corporation." insert "No ownership interest nor any right to exercise control over the project or a facility under a project shall remain with a school district upon expenditure of any funds under this program for any project.". SIMPSON

SF0071H2003/FAILED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 5-After line 6 Insert:

"(g) The council shall adopt rules and regulations governing funding of projects which entail the sale of surplus public school or governmental buildings which require at least:

(i) That the entity owning the surplus public school or governmental building advertise the sale and accept sealed bids;

(ii) That the governmental entity requesting funds under this article submit a bid for the purchase of the surplus public school or governmental building in the same manner and time frame as the submission of other bids under paragraph (i) of this subsection;

(iii) That bids shall include a provision for full payment within six (6) months after acceptance of the bid. If payment is not received within six (6) months after acceptance of the highest bid, the entity selling the surplus public school or governmental building may accept the second highest bid;

(iv) Nothing in this subsection shall affect the bidding or other processes for sale of property for which funding is not provided under this article.".

Page 7-line 22 After "board" insert "which shall be no less than a fifty percent (50%) match requirement".

Page 8-line 3 After "council." insert "Grants and loans provided under this article for any one (1) project shall not exceed seventy-five percent (75%) of the cost of the project. If funding for any one (1) project comes from both grants and loans under this act, the amount of funding from grants shall not exceed the amount of funding from loans under this article.". LANDON

2/28/2005 H Passed 2nd Reading

SF0071H3001/FAILED (TO ENGROSSED COPY)

[TO SUBSTITUTE BILL No. 1]

Page 5-After line 6 Insert:

"(g) The council shall adopt rules and regulations governing funding of projects which entail the sale of surplus public school or governmental buildings which require at least:

(i) That the entity owning the surplus public school or governmental building advertise the sale and accept sealed bids;

(ii) That the governmental entity requesting funds under this article submit a bid for the purchase of the surplus public school or governmental building in the same manner and time frame as the submission of other bids under paragraph (i) of this subsection.

(h) Nothing in subsection (g) of this section shall affect the bidding or other processes for sale of property for which funding is not provided under this article.".

Page 5-line 8 Delete "(g)" insert "(j)". LANDON

3/1/2005 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Nays: Representative(s) Hammons and Landon.

Excused: Representative(s) Jorgensen, Latta and Reese.

Ayes 55 Nays 2 Excused 3 Absent 0 Conflicts 0

3/1/2005 S Did Not Concur

ROLL CALL

Ayes: Senator(s) Hawks, Ross and Scott.

Nays: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Schiffer, Sessions, Townsend, Vasey and Von Flatern.

Ayes 3 Nays 27 Excused 0 Absent 0 Conflicts 0

3/2/2005 S Appointed JCC01 Members

Senator(s) Hines, Anderson, J. and Vasey

3/2/2005 H Appointed JCC01 Members

Representative(s) Lockhart, Berger and Hammons

3/3/2005 S Adopted SF0071JC01

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern.

Nays: Senator(s) Scott

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

3/3/2005 H Adopted SF0071JC01

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Nays: Representative(s) Harvey

Excused: Representative(s) Jorgensen

Ayes 58 Nays 1 Excused 1 Absent 0 Conflicts 0

SF0071JC01/AA ADOPTED (TO ENGROSSED COPY)

Delete the following House amendments:

SF0071H2001/A

SF0071H2002/A

SF0071HS001/A

SF0071HS002/A

Further amend the ENGROSSED COPY as follows:

Page 1-line 8 After ";" insert "providing for a survey; providing for reports;".

Page 4-line 7 After "21-15-115" delete balance of the line and insert ". No ownership interest nor any right to exercise control over the project or facility under a project shall remain with the school district upon expenditure of any funds under this program for any project.".

Page 4-line 8 Delete entirely.

Page 6-line 5 Delete "ten (10)" insert "four (4)".

Page 9-line 4 Delete "Five million dollars ($5,000,000.00)" insert "Seven million five hundred thousand dollars ($7,500,000.00)".

Page 9-After line 14 Insert:

"(c) The council shall report to the joint appropriations and joint minerals, business and economic development interim committees not later than December 1, 2005 with respect to all grants and loans awarded and cooperative agreements entered under the provisions of the Wyoming community facilities program established under W.S. 9‑12‑801. The report shall include the name of the recipient of each loan or grant, the amount of each loan or grant and the project funded.

(d) The council shall survey opportunities to include in the Wyoming community facilities program other community enhancements, recognizing individual community needs. The council shall provide a report of the survey to the joint appropriations and joint minerals, business and economic development interim committees not later than September 1, 2005 for consideration of possible legislation to address those needs.". HINES, ANDERSON, J., VASEY, LOCKHART, BERGER, HAMMONS

3/3/2005 Assigned Number SEA No. 0114

3/3/2005 S President Signed SEA No. 0114

3/3/2005 H Speaker Signed SEA No. 0114

3/10/2005 Governor Signed SEA No. 0114

3/10/2005 Assigned Chapter Number

Chapter No. 0233 Session Laws of Wyoming 2005.