Administrative Rule Review Report  #AR10-011

Legislative Service Office

2-Feb-10

AGENCY: Wyoming Business Council.

DATE SUBMITTED: January 27, 2010.

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

NATURE OF RULES:                        Legislative, Procedural

STATUTORY AUTHORITY:            W.S. 9-12-104(a)(iv) and 9-12-801(c)

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 adds the definition for the special assistance loan fund, eliminates equipment from in-kind contributions, reduces the grant and loan application submittals to once per year, reduces the maximum grant award requiring a match from $1,500,000 to $1,000,000, allows the special assistance loan fund to complete minimum match requirements and clarifies provision for projects not started within one year and projects with contingencies.

Chapter 2 adds community assessment, certified tourism community planning and main street planning to economic development plans.

Chapter 3 explains the use of the special assistance loan, reduces the maximum community facilities loan from $1,500,000 to $1,000,000, establishes the maximum for a special assistance loan at $1,500,000 and reduces the interest rates to no or low interest rate as recommended by the council and established by the board.

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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Maxine R. Weaver

Staff Attorney

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Lynda G. Cook

Staff Attorney