ORIGINAL HOUSE ENGROSSED

BILL NO. 0005

ENROLLED ACT NO. 124, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to major building and facility repair and
replacement payments; modifying major maintenance payment
computations; imposing major maintenance payment
expenditure reporting requirements upon districts;
requiring the state superintendent to report information
and to review the effect of payment expenditures on
district building needs; and providing for an effective
date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 21-15-107(j)(iii),
21-15-109(c)(ii)(C), (iii), (iv), (vi) and (vii)(intro) and
(e) and 21-15-111(d)(iii) are amended to read:

21-15-107. Statewide standards for school building
and facility adequacy; capital construction advisory group;
adequacy assessment; determination of building
deficiencies; annual reporting requirements.

(j) Not later than December 31 of each year, the
state superintendent shall submit a report to the
legislature on progress being made under the school capital
facilities system established under law. The report shall
list:

(iii) Any major maintenance projects which have
addressed buildings and facilities identified as inadequate
for that year, including the impact of major building and
facility repair and replacement payment expenditures, as
quantified pursuant to the statewide needs assessment
rating scores undertaken in accordance with W.S.
21-15-107(b), on the capacity, condition, educational
suitability and technology readiness of inadequate
buildings and facilities;

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21-15-109. Major building and facility repair and
replacement payments; computation; square footage
allowance; use of payment funds; accounting and reporting
requirements.

(c) To compute the major building and facility repair
and replacement payment for each district, the department
shall:

(ii) Of the total gross square feet for all
school buildings and facilities computed under paragraph
(c)(i) of this section, determine the total gross square
feet for each of the following building categories:

(C) Educational buildings, including
portable buildings provided portable buildings do not
exceed more than ten percent (10%) of the total gross
square feet computed for all school buildings and
facilities under paragraph (c)(i) of this section, and
excluding teacherages unless the teacherage is used in
support of a necessary small school as defined by W.S.
21-13-318;

(iii) The total amount of gross square footage
determined for educational buildings under subparagraph
(c)(ii)(C) of this section shall be adjusted by excluding
from computations under this section the square footage for
those educational buildings closed and not operational as
provided for under paragraph (c)(iv) of this section and
any amount including the gross square footage of portable
buildings, which exceeds two hundred percent (200%) of the
statewide minimum gross square footage criteria as
prescribed by the statewide building and facility adequacy
standards promulgated under W.S. 21-15-107(a). For purposes
of this section, per student gross square footage criteria

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prescribed by the statewide building adequacy standards
shall be based upon an average daily membership (ADM)
computed as defined under W.S. 21-13-101(a)(i) for the
prior school year, with the district's kindergarten ADM
divided by two (2);

(iv) The square footage of any district
educational building which is closed and not operational
shall be decreased by fifty percent (50%) for the first
three (3) school years commencing with the school year in
which the building is closed. Thereafter, the square
footage shall be eliminated entirely from computations
under this section. Computations under this paragraph shall
not include the square footage of any portable building.
Any reduction made pursuant to this paragraph shall not
apply to any school year during which the building is
reopened and becomes operational for purposes of providing
district educational programs;

(vi) Multiply the amount computed under
paragraph (c)(v) of this section for the adjusted square
footage of the district's educational buildings, times one
and three-tenths percent (1.3%), including any allowable
square footage of closed educational buildings, times two
and one-half percent (2.5%) for school year 2001-2002,
three percent (3%) for school year 2002-2003, and by two
percent (2%) for school year 2003-2004 and each school year
thereafter;

(vii) Multiply the sum of the amounts obtained
under paragraph (c)(v) of this section for the building
categories identified under subparagraphs (c)(ii)(A), (B)
and (D) of this section times one and three-tenths percent
(1.3%) two and one-half percent (2.5%) for school year
2001-2002, three percent (3%) for school year 2002-2003,

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and by two percent (2%) for school year 2003-2004 and each
school year thereafter, adjusted as follows:

(e) Amounts distributed under subsection (b) of this
section shall be deposited by the recipient district into a
separate account, the balance of which may accumulate from
year-to-year. Expenditures from the separate account,
including any interest earnings on the account, shall be
restricted to expenses incurred for major building and
facility repair and replacement as defined in subsection
(a) of this section and as prescribed by rule and
regulation of the state superintendent. Any interest
earned on the account is exempt from and shall not be
reported as a local district revenue under W.S.
21-13-310(a)(xi). Each district shall annually report to
the state superintendent on the expenditures made from the
separate account during the applicable reporting period,
separating account expenditures on a building-by-building
basis. In addition, the annual report shall include the
district's five (5) year plan for addressing district major
building and facility repair and replacement needs, updated
for the applicable reporting period. The report shall be
in a manner and form required by rule and regulation of the
state superintendent. The state superintendent shall
annually review account expenditures and shall report
expenditures to the state loan and investment board. The
state superintendent shall compile reported building-by-
building expenditure information for each district and the
district five (5) year plan and include this information in
his annual report to the legislature pursuant to W.S.
21-15-107(j).

21-15-111. State capital construction assistance.

(d) The state superintendent shall upon receipt of an
application under this section, review and evaluate the

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application and determine if the application meets the
following criteria:

(iii) The plans for the proposed construction
project as approved by the local board in consultation with
the school district building advisory committee are
reviewed and approved by the state superintendent. In
reviewing and approving submitted project plans, the state
superintendent shall require compliance with the statewide
adequacy standards established under W.S. 21-15-107. The
state superintendent shall also take into account the
applicant's use of major building and facility repair and
replacement payments in addressing needs of buildings which
are included in the proposed construction project.

Section 2.  W.S. 21-15-109(c)(ii)(B) is repealed.

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Section 3.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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