13-3106. Application; approval; board; findings; temporary approval; when; board; quorum.

316 words·~1 min read·/ne/chapter-13/13-3106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)After consideration of the application and the evidence, the board shall determine whether or not to approve the application. For applications submitted on or after April 17, 2026, the board shall make its determination within sixty days after the public hearing held pursuant to section 13-3105 . For applications submitted prior to April 17, 2026, the board shall make its determination within sixty days after the public hearing held pursuant to section 13-3105 or within sixty days after April 17, 2026, whichever period is later. The application shall be approved unless the board finds that the project described in the application is ineligible or that state assistance in not in the best interest of the state.

(2)An approval of an application submitted because of the requirement in subdivision (1)(c) of section 13-3103 is a temporary approval. If the general obligation bond issue is subsequently approved by the voters of the political subdivision, the approval by the board becomes permanent. If the general obligation bond issue is not approved by such voters, the temporary approval shall become void.

(3)An approval of an application submitted because of the requirement in subdivision (1)(f) of section 13-3103 is a temporary approval. If a building permit for the eligible sports arena facility is issued within twenty-four months of the temporary approval, the approval by the board becomes permanent. If a building permit is not issued within twenty-four months of the temporary approval, the temporary approval shall become void.

(4)In determining whether state assistance is in the best interest of the state, the board may consider the fiscal and economic capacity of the applicant to finance the local share of the project.

(5)A majority of the board members constitutes a quorum for the purpose of conducting business. All actions of the board shall be by a majority vote of the board members present at the board meeting.