HB0005 - Schools-major maintenance payments.

 

2001

State of Wyoming

01LSO-0184

 

 

 

HOUSE BILL NO.  HB0005

 

 

Schools-major maintenance payments.

 

Sponsored by:

 

 

A BILL

 

for

 

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

 9 

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

11 

12        Section 1.  W.S. 21-15-107(j)(iii),
13  21-15-109(c)(ii)(C), (iii), (iv), (vi) and (vii)(intro) and
14  (e) and 21-15-111(d)(iii) are amended to read:

15 

16        21-15-107.  Statewide standards for school building
17  and facility adequacy; capital construction advisory group;

 

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 1  adequacy assessment; determination of building
 2  deficiencies; annual reporting requirements.

 3 

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

 9 

10            (iii)  Any major maintenance projects which have
11  addressed buildings and facilities identified as inadequate
12  for that year, including the impact of major building and
13  facility repair and replacement payment expenditures, as
14  quantified pursuant to the statewide needs assessment
15  rating scores undertaken in accordance with W.S.
16  21-15-107(b), on the capacity, condition, educational
17  suitability and technology readiness of inadequate
18  buildings and facilities;

19 

20        21-15-109.  Major building and facility repair and
21  replacement payments; computation; square footage
22  allowance; use of payment funds; accounting and reporting
23  requirements.

24 

 

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

 4 

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

 9 

10                 (C)  Educational buildings, including
11  portable buildings provided portable buildings do not
12  exceed more than ten percent (10%) of the total gross
13  square feet computed for all school buildings and
14  facilities under paragraph (c)(i) of this section, and
15 
excluding teacherages unless the teacherage is used in
16  support of a necessary small school as defined by W.S.
17  21-13-318;

18 

19            (iii)  The total amount of gross square footage
20  determined for educational buildings under subparagraph
21  (c)(ii)(C) of this section shall be adjusted by excluding
22  from computations under this section the square footage for
23  those educational buildings closed and not operational as
24  provided for under paragraph (c)(iv) of this section and

 

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 1  any amount including the gross square footage of portable
 2  buildings, which exceeds two hundred percent (200%) of the
 3  statewide minimum gross square footage criteria as
 4  prescribed by the statewide building and facility adequacy
 5  standards promulgated under W.S. 21-15-107(a). For purposes
 6  of this section, per student gross square footage criteria
 7  prescribed by the statewide building adequacy standards
 8  shall be based upon an average daily membership (ADM)
 9  computed as defined under W.S. 21-13-101(a)(i) for the
10  prior school year, with the district's kindergarten ADM
11  divided by two (2);

12 

13            (iv)  The square footage of any district
14  educational building which is closed and not operational
15  shall be decreased by fifty percent (50%) for the first
16  three (3) school years commencing with the school year in
17  which the building is closed. Thereafter, the square
18  footage shall be eliminated entirely from computations
19  under this section. Computations under this paragraph shall
20  not include the square footage of any portable building.
21 
Any reduction made pursuant to this paragraph shall not
22  apply to any school year during which the building is
23  reopened and becomes operational for purposes of providing
24  district educational programs;

 

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 1 

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

10 

11            (vii)  Multiply the sum of the amounts obtained
12  under paragraph (c)(v) of this section for the building
13  categories identified under subparagraphs (c)(ii)(A), (B)
14  and (D) of this section times one and three-tenths percent
15  (1.3%) three percent (3%) for school years 2001-2002 and
16  2002-2003, and by two percent (2%) for school year 2003-
17  2004 and each school year thereafter, adjusted as follows:

18 

19        (e)  Amounts distributed under subsection (b) of this
20  section shall be deposited by the recipient district into a
21  separate account, the balance of which may accumulate from
22  year-to-year.  Expenditures from the separate account,
23  including any interest earnings on the account, shall be
24  restricted to expenses incurred for major building and

 

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 1  facility repair and replacement as defined in subsection
 2  (a) of this section and as prescribed by rule and
 3  regulation of the state superintendent.  Any interest
 4  earned on the account is exempt from and shall not be
 5  reported as a local district revenue under W.S.
 6  21-13-310(a)(xi).  Each district shall annually report to
 7  the state superintendent on the expenditures made from the
 8  separate account during the applicable reporting period,
 9  separating account expenditures on a building-by-building
10  basis.  In addition, the annual report shall include the
11  district's five (5) year plan for addressing district major
12  building and facility repair and replacement needs, updated
13  for the applicable reporting period.  The report shall be
14  in a manner and form required by rule and regulation of the
15  state superintendent.  The state superintendent shall
16  annually review account expenditures and shall report
17  expenditures to the state loan and investment board. The
18  state superintendent shall compile reported building-by-
19  building expenditure information for each district and the
20  district five (5) year plan and include this information in
21  his annual report to the legislature pursuant to W.S.
22  21-15-107(j).

23 

24        21-15-111.  State capital construction assistance.

 

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 1 

 2        (d)  The state superintendent shall upon receipt of an
 3  application under this section, review and evaluate the
 4  application and determine if the application meets the
 5  following criteria:

 6 

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

18 

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

20 

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

22 

23                 (END)

 

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