ORIGINAL HOUSE
BILL NO. 0035
ENROLLED ACT NO.
103, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to school
capital construction; modifying
emergency
assistance provided under the school capital
construction
program; establishing an emergency contingency
account;
providing an appropriation; and providing for an
effective date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 21-15-107(g)(iv)
and 21-15-111(h) and
by creating a new subsection (q) 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.
(g) On or
before October 1 of each year, the state
superintendent shall
report to members of the joint
education interim
committee and the joint appropriations
interim committee, to
the extent practicable at a joint
meeting the following
information:
(iv) A list of
applications for emergency
assistance and the
disposition of those applications
including
expenditures from the emergency contingency
account within the
school capital construction account
under W.S. 21-15-111(q).
21-15-111. State capital construction
assistance.
(h) Notwithstanding
subsections (b) and (c) of this
section, the state
superintendent shall promulgate rules
under which a school
district may submit an application for
capital construction
assistance where an emergency exists
such that the ability
of a district to provide educational
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programs
required by law is substantially impacted and
assistance under W.S.
21-15-110 is not sufficient. The
state superintendent
shall forward the application to the
governor and joint
education interim committee
application and
determine if he finds that:(i) an emergency
exists with respect to
the adequacy of school facilities
such that the ability
of a district to provide educational
programs required by
law is immediately and substantially
impacted;(ii) The emergency
occurred or was discovered
under circumstances that
made it impractical to submit an
application under
subsection (b) of this section for a
project to address it;(iii) Due to the immediate and
substantial impact
caused by the emergency,
reasonable alternative
exists to address it other than
state capital construction emergency assistance.
(q) Upon a finding that an emergency exists under
subsection (h) of this
section, the state superintendent
shall in accordance
with rules and regulations promulgated
by the state
superintendent under this subsection, make
expenditures from the
emergency contingency account within
the school capital
construction account for emergency
assistance to the
applicant district. Expenditures from the
contingency account
pursuant to this subsection shall be
limited to the
acquisition or use of facilities, the
acquisition of
equipment, facility repairs, additional
operating expenses
incurred in providing temporary measures
and other responses to
the emergency situation including
necessary
investigative and qualified contract assistance
expenses incurred by
the state superintendent, to enable
the district to
provide educational programs required by
law on a temporary
basis until permanent action can be
taken to address
building adequacy.
Section
2. W.S. 21-15-111(m)(iv) and (n)(iii) is
repealed.
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Section 3. Five hundred
thousand dollars
($500,000.00) is
appropriated from the school capital
construction account
to the emergency contingency account
established under W.S.
21-15-111(q), as amended by section
1 of this act.
Section 4. This
act is effective immediately upon
completion of all acts
necessary for a bill to become law
as provided by Article
4, Section 8 of the Wyoming
Constitution.
(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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