HB0005 - Schools-major maintenance payments.
2001 |
State of Wyoming |
01LSO-0184 |
HOUSE BILL NO. HB0005
Schools-major maintenance payments.
Sponsored by: Joint Education Interim Committee
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;
Page 1
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
Page 2
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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