|
H.B.
No. 0043 |
School capital construction. |
Sponsored By: School Capital Construction Committee
AN ACT relating
to school capital construction; establishing a school capital construction
system in response to the Supreme Court decision in State of Wyoming, et al.,
v. Campbell County School District, et al., WY 19, 19 P.3d 518, (Wyo.
2001)(Campbell II), as specified; establishing a state school facilities
commission; transferring specified programs; prescribing transitional school
building activities; providing appropriations; and providing for effective
dates.
1/10/02 Bill Number Assigned
2/11/02 H Introduced and Referred to H04
2/14/02 H04 Recommended Amend and Do Pass
ROLL
CALL
Ayes:
Representative(s) Lockhart, McGraw, McOmie, Miller, D., Robinson,
Samuelson, Shivler, Simons and Stafford
Ayes 9 Nays 0 Excused 0
Absent 0 Conflicts 0
2/14/02 H Placed on General File
2/18/02 H Amendments Adopted
HB0043HS001/A
Page
14-line 8 Delete
"Professional facility".
Page
14-lines 9 through 11 Delete entirely.
Page
14-line 12 Delete the line through
"district plan.".
Page
50-After line 21 insert and renumber as necessary:
"(d) The
state superintendent, on behalf of the commission, shall initiate the
establishment of guidelines and criteria to be used by school districts for the
development of long range comprehensive school building and facility plans
pursuant to W.S. 21‑15‑116. In addition, the state superintendent
shall establish a mechanism and criteria for the distribution of state
assistance to districts for use in the development of district facility plans
in accordance with W.S. 21‑15‑116. As soon as reasonably possible,
the state superintendent shall transfer guidelines and criteria developed under
this subsection to the commission and shall continue to assist the commission
with district facility planning efforts as necessary. Distribution of state
assistance under this subsection shall be made by the state superintendent on behalf
of the commission until such time as the commission is capable of carrying out
this responsibility.".
Page 51-line 20 Delete "(e)" insert "(f)".
Page
52-line 7 Delete "(e)"
insert "(f)".
Page
52-line 9 Delete "(f)"
insert "(g)".
Page
54-line 13 After "with"
delete balance of line; insert "section 4(d) of this". STAFFORD, CHAIRMAN
2/18/02 H Passed CoW
2/19/02 Amendment Adopted
HB0043H2001/A
Page
3-line 5 After "be"
delete balance of the line.
Page
3-line 6 Delete the line through
"or". JOHNSON, W.
HB0043H2002/F
Page
6-line 23 Delete "and
review".
Page 7-line 1 After "standards" insert ";" and delete
balance of line.
Page
7-lines 2 through 4 Delete entirely.
Page
13-line 9 After
"section." delete balance of line.
Page
13-lines 10 through 14 Delete entirely.
Page
13-line 15 Delete
"standards.". DEEGAN,
WASSERBURGER
HB0043H2003/F
Page
17-line 10 Delete "The
commission shall subject to".
Page
17-lines 11 through 15 Delete entirely.
Page 50-After line 21 In the standing committee amendment
(HB0043HS001/A) to this line delete "In addition, the state superintendent
shall establish a mechanism and criteria for the distribution of state
assistance to districts for use in the development of district facility plans
in accordance with W.S. 21-15-116.".
Page 54-line 6 Delete entirely and insert "nine hundred thousand dollars
($900,000.00)". LANDON
2/19/02 H Passed 2nd Reading
2/20/02 H Laid Back Pursuant to HR 9-3
2/21/02 Amendment Adopted
HB0043H3001/AC (CORRECTED COPY)
Page
6-line 23 Delete "and review".
Page
13-line 10 Delete "a
review" insert "the identification".
Page
13-after line 21 Insert:
"(d) The commission shall not hinder or curtail
the right of a school district to undertake local enhancements to buildings and
facilities which are in excess of state building adequacy standards, as
permitted by law." SIMPSON, DEEGAN, SHIVLER, WASSERBURGER
2/21/02 H Passed 3rd Reading
ROLL
CALL
Ayes:
Representative(s) Anderson, R., Baker, Boswell, Burns, Childers, Cohee,
Deegan, Diercks, Edwards, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines,
Huckfeldt, Iekel, Illoway, Johnson, L., Johnson, W., Jones, Landon, Law,
Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan,
Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux, Petersen, Philp, Reese,
Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simons, Simpson, Slater,
Stafford, Tempest, Thompson, Tipton, Warren, Wasserburger, Watt, Willford and
Wostenberg.
Nays:
Representative(s) Tomassi
Ayes 59 Nays 1 Excused 0
Absent 0 Conflicts 0
2/22/02 S Received for Introduction
2/22/02 S Introduced and Referred to S04
3/5/02 S04 Recommended Amend and Do Pass
ROLL
CALL
Ayes:
Senator(s) Devin, Peck, Scott and Sessions
Nays:
Senator(s) Goodenough
Ayes 4 Nays 1 Excused 0 Absent
0 Conflicts 0
3/5/02 S Placed on General File
3/5/02 S Rereferred to S02
ROLL
CALL
Ayes:
Senator(s) Anderson, J., Cathcart, Hinchey and Larson.
Nays:
Senator(s) Harris.
Ayes 4 Nays 1 Excused 0
Absent 0 Conflicts 0
3/6/02 S Placed on General File
3/7/02 S Amendments Adopted
HB0043SS001.01/ACE (CORRECTED COPY) (TO ENGROSSED COPY)
Page
4-After line 15 insert and renumber:
"(i) Act in consultation
with the local school boards who may utilize local advisory committees on
school building and facility needs, as appropriate, and shall consult with the
district's architect and other professional advisors;".
Page
6-line 5 After
"districts" insert ". The agreement shall:
(A) Require
the district make arrangements for appropriate professional supervision and
management of the project;
(B) Provide
for the review and approval of project plans and specifications;
(C) Provide
for review and approval of project changes and change orders provided that:
(I) The
agreement may specify parameters identifying the circumstances under which
changes and change orders may be approved by the district with further approval
by the commission;
(II) The
commission may delegate in whole or in part, the approval of changes and change
orders to its staff;
(III) All
changes and change orders shall be approved by the district or its
representative.
(D) Establish
payment schedules involving state funds;
(E) Assure
the commission is not responsible or liable for compliance with construction or
renovation project schedules or completion dates;
(F) Provide
that all general contracts for the construction or renovation project shall be
approved by both the district and the commission. The commission may delegate
this approval to its staff and may waive the requirement for its approval if it
deems the project small enough. The commission shall not unreasonably withhold
approval if the contract is within the approved project budget and is
consistent with the approved plans and specifications;
(G) Provide
that the agreement shall expire upon completion of the project; and
(J) Contain
any other provision mutually agreed upon by the commission and the
district.".
Page 6-lines 6 through 19 Delete.
Page 7-line 4 After "(ix)" delete balance of line and insert
"Review and approval of district plans".
Page
7-line 5 Delete line through
"process".
Page
7-line 6 Delete
"surplus".
Page 7-line 7 After "facilities" insert "made surplus by an
approved construction or renovation project or by changes in school
population".
Page 7-line 14 After "." insert "The district shall have final
authority over the disposition or demolition of any surplus buildings,
facilities or land, but the commission may disapprove any plans submitted
pursuant to this paragraph to protect the financial interests of the state if
the plans are not otherwise in the public interest.
Page 8-line 6 After "facility" insert ", provided that this
subparagraph shall not be construed to grant the commission any authority to
specify the educational programs offered by any district".
Page 8-line 8 After "Accommodations" insert ", in coordination
and cooperation with the district,".
Page 8-line 13 Delete "purchase and acquisition of sites and for the".
Page
8-After line 18 insert and renumber:
"(xiii) Review
and approve any proposed purchase and acquisition of sites for any project
within the approved five (5) year district facility plan if state funds are to
be expended for the purchase and acquisition.
The commission may reimburse the district for the cost of any option to
purchase entered into in good faith before obtaining state approval;".
Page 8-line 20 Before "Promulgate" insert "With prior
consultation with the select committee on school facilities,".
Page
9-line 5 After "and"
insert "subject to senate confirmation,".
Page 17-line 1 After "." insert "Districts may submit and the
commission shall accept and review facility plans at dates earlier than those
prescribed in the schedule.".
Page 19-line 23 After "annually" insert "in coordination and
cooperation with the districts,".
Page
20-line 20 Delete
"minimum" insert "adequate".
Page 22-line 17 After "commission" insert "in consultation with the
select committee on school facilities,".
Page 24-line 9 After "shall" insert "assist the local school
district to".
Page
24-line 17 Delete "21‑15‑114(a)(xii)"
insert "21‑15‑114(a)(xiv)".
Page
31-line 15 Delete "."
insert ";".
Page
31-After line 15 insert:
"(v) Review
commission proposals for rules and regulations and provide recommendations to
the commission concerning the proposed regulations.".
Page 34-line 8 After "21‑15‑115"
insert "for any project involving state capital
construction assistance".
Page 35-line 3 Delete "21‑15‑114(a)(vii)"
insert "21‑15‑114(a)(viii)".
Page 47-lines 2 through 7 Reinsert stricken language; strike
"(iv)" insert "(vii)".
Page
47-line 9 Delete "(vii)" insert "(viii)".
Renumber
as necessary. DEVIN, CHAIRMAN
HB0043SS001.02/FE (TO ENGROSSED COPY)
Page
2-line 1 Delete ";"
insert ".".
Page
2-lines 2 and 3 Delete.
Page 2-line 6 After "consist of" delete balance of line and insert
"the governor, the secretary of state, the state auditor, the state
treasurer and the state superintendent of public instruction.".
Page
2-lines 7 through 23 Delete.
Page
3-lines 1 through 24 Delete.
Page
4-lines 1 through 10 Delete.
Page
56-lines 4 through 10 Delete.
Page
56-line 12 Delete "(b)".
Renumber
as necessary. DEVIN, CHAIRMAN
HB0043SS001.03/FE (TO ENGROSSED COPY)
Page 18-line 17 Delete "modify proposed" insert "propose
modifications to".
Page 18-line 18 Delete "If" insert "The modifications shall be
incorporated in the plan only if approved by the district except that the
commission may delay proposed projects to accommodate higher priorities
established under W.S. 21‑15‑117.".
Page
18-lines 19 and 20 Delete.
Page
18-line 21 Delete line through
".".
Page
21-line 16 Delete "The
commission" insert "Each district".
Page 21-line 20 Delete "For any" insert "This determination shall
provide a basis for the update of facility plans required pursuant to W.S. 21‑15‑115(b)."
Page
21-lines 21 through 24 Delete.
Page
22-lines 1 through 14 Delete.
Page
22-After line 24 insert and renumber:
"(a) As
used in this section:
(i) "Minor
capital outlay" involves a total project or remedy expenditure of less
than two hundred thousand dollars ($200,000.00), excluding major building and
facility repair and replacement expenditures under W.S. 21‑15‑109;
(ii) "Major
capital outlay" involves a total project or remedy expenditure of two
hundred thousand dollars ($200,000.00) or more, excluding major building and
facility repair and replacement expenditures under W.S. 21‑15‑109."
Page 23-line 2 Delete "Upon determination" insert "Based on
district plans approved".
Page 23-line 8 Delete "initiate" insert "approve and fund school
district projects".
Page
23-line 9 Delete.
Page
23-line 10 Delete
"action".
Page 23-line 12 After "remedy" insert ", assist the involved school
district to".
Page
23-line 14 After "(A)"
delete balance of line.
Page
23-line 15 Delete line through
",".
Page 24-line 5 Delete "(a)(ii)(B) through (D)" insert "(b)(ii)(B)
through (D)".
Renumber
as necessary. DEVIN, CHAIRMAN
HB0043SS001.04/FE (TO ENGROSSED COPY)
Page 1-line 8 After "appropriations;" insert "granting taxing
authority;".
Page
32-line 9 Delete second
"a".
Page 32-line 10 Delete "paragraph" insert "paragraphs"; after
"(xx)" insert "(xxi)".
Page
35-line 3 Delete "." insert ";".
Page
35-After line 4 insert:
"(xxi) With the approval of the voters at an
election:
(A) Enter into lease purchase agreements to fund enhancements
to school facilities provided the maximum term of the lease does not exceed ten
(10) years; and
(B) Levy a mill levy to create a fund for enhancements to
school capital facilities. The number of mills to be levied shall be identified
in the ballot statement. The levy shall not be authorized for more than four
(4) years unless tied to specified projects identified in the ballot statement.".
Renumber
as necessary. DEVIN, CHAIRMAN
HB0043SW001/FE (TO ENGROSSED COPY)
Page 48-line 16 After "2001," insert "and the buildings and
facilities identified under section 7 of this act,".
Page 53-line 21 After "(i)" delete balance of line and insert "Two
hundred thousand dollars ($200,000.00)".
Page
56-after line 15 Insert and renumber:
"Section
7.
The state superintendent shall distribute
up to two hundred eighty thousand dollars ($280,000.00) from the school capital
construction account to Sheridan county school district no. 2 to develop
documentation, plans and other information required to assemble recommendations
for the remediation of identified building and facility inadequacies within the
district. Amounts shall not be released under this section until directed by
the joint appropriations committee to facilitate development of a building and
facility remedy proposed by independent expertise acquired by the committee
pursuant to section 4(b) of this act, and to undertake necessary analysis and
review required for development of committee recommendations.".
Page 56-line 19 Delete "and" insert ","; after "6" insert
"and 7". KINNISON
3/7/02 S Passed CoW
3/8/02 Amendment Adopted
HB0043S2001/ACE (CORRECTED COPY) (TO ENGROSSED COPY)
Page
2-line 7 After
"members" insert "who are Wyoming residents".
Page
9-line 6 After "who"
insert "is a Wyoming resident and who".
Page
23-line 9 Delete "or"
insert "and". SESSIONS
HB0043S2002/AE (TO ENGROSSED COPY)
Page 48-line 16 After "2001," insert "and the buildings and
facilities identified under section 7 of this act,".
Page 53-line 21 After "(i)" delete balance of line and insert "Two
hundred thousand dollars ($200,000.00)".
Page
56-after line 15 Insert and renumber:
"Section
7.
The state superintendent shall distribute
up to two hundred eighty thousand dollars ($280,000.00) from the school capital
construction account to Sheridan county school district no. 2 to develop
documentation, plans and other information required to assemble recommendations
for the remediation of identified building and facility inadequacies within the
district. Amounts shall not be released under this section until directed by
the joint appropriations committee to facilitate development of a building and
facility remedy proposed by independent expertise acquired by the committee
pursuant to section 4(b) of this act, and to undertake necessary analysis and
review required for development of committee recommendations.".
Page 56-line 19 Delete "and" insert ","; after "6"
insert "and 7". KINNISON, COE, DEVIN, SCHIFFER
ROLL
CALL
Ayes: Senator(s) Anderson, J., Barton, Boggs,
Cathcart, Coe, Decaria, Devin, Geis, Goodenough, Hanes, Harris, Hawks, Hinchey,
Job, Kinnison, Kunz, Larson, Massie, Meier, Miller, C., Mockler, Peck, Roberts,
Schiffer, Scott, Sessions, Vasey and Youngbauer.
Nays: Senator(s) Case and Erb.
Ayes 28 Nays 2 Excused
0 Absent 0 Conflicts 0
HB0043S2003/AE (TO ENGROSSED COPY)
Page
2-line 8 Delete
"governor" insert "state superintendent".
Page 3-line 12 Delete "Gubernatorial"; after "appointments"
insert "by the state superintendent".
Page 3-line 13 After "approval" insert "in the same manner
provided for gubernatorial appointments under W.S. 28‑12‑101 and 28‑12‑102,".
Page
3-line 15 Delete
"governor" insert "state superintendent".
Page 3-line 16 Delete "in accordance with" insert "as provided to
the governor under".
Page
3-line 17 After
"provided" insert "for the governor under".
Page
3-line 18 Delete "by".
Page
3-line 20 Delete
"governor" insert "state superintendent".
Page
50-line 19 Delete
"governor" insert "state superintendent".
Page
54-line 9 Delete
"governor" insert "state superintendent".
Page 54-line 24 Delete "governor" insert "state
superintendent". KINNISON
3/8/02 S Passed 2nd Reading
3/9/02 Amendment Adopted
HB0043S3001/AE (TO ENGROSSED COPY)
Page 9-line 9 Delete "governor" insert "state
superintendent". KINNISON
3/9/02 S Passed 3rd Reading
ROLL
CALL
Ayes:
Senator(s) Anderson, J., Boggs, Cathcart, Coe, Decaria, Devin, Erb,
Hanes, Hawks, Hinchey, Kinnison, Kunz, Larson, Massie, Meier, Miller, C.,
Mockler, Peck, Sessions and Youngbauer.
Nays:
Senator(s) Barton, Case, Geis, Goodenough, Harris, Job, Roberts,
Schiffer, Scott and Vasey.
Ayes 20 Nays 10 Excused 0
Absent 0 Conflicts 0
3/11/02 H Did Not Concur
ROLL
CALL
Ayes:
Representative(s) Boswell, Burns, Sadler and Samuelson.
Nays:
Representative(s) Anderson, R., Baker, Childers, Cohee, Deegan, Edwards,
Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines, Huckfeldt, Iekel, Illoway,
Johnson, L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw,
McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas,
Osborn, Parady, Paseneaux, Petersen, Philp, Reese, Robinson, Rose, Ross,
Shivler, Simons, Simpson, Slater, Stafford, Tempest, Thompson, Tipton, Tomassi,
Warren, Wasserburger, Watt, Willford and Wostenberg.
Excused:
Representative(s) Diercks
Ayes 4 Nays 55 Excused 1
Absent 0 Conflicts 0
3/11/02 H Appointed JCC01 Members
Representative(s) Shivler, Simpson and Tommassi.
3/11/02 S Appointed JCC01 Members
Senator(s) Cathcart, Devin and Roberts.
3/12/02 H Adopted HB0043JCC01
ROLL CALL
Ayes: Representative(s) Anderson
Baker, Boswell, Burns, Childers, Cohee, Deegan, Edwards, Esquibel, Eyre, Gay,
Hageman, Hessenthaler, Hines, Huckfeldt, Iekel, Illoway, Johnson, L., Johnson,
W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli,
Meyer, Miller, Morgan, Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux,
Peterson, Philp, Reese, Robinson, Rose, Ross, Sadler, Samuelson, Shivler,
Simons, Simpson, Slater, Stafford, Thompson, Tempest, Tipton, Tommassi, Warren,
Wasserburger, Watt, Willford, and Wostenberg.
Nays: Representative(s)
Diercks.
Ayes
59 Nays 1 Excused 0 Absent 0 Conflicts
0
3/12/02 S Adopted HB0043JCC01
ROLL
CALL
Ayes:
Senator(s) Anderson, J., Barton, Boggs, Cathcart, Coe, Decaria, Devin,
Erb, Geis, Hanes, Harris, Hawks, Hinchey, Kinnison, Kunz, Larson, Massie,
Meier, Miller, C., Mockler, Peck, Roberts, Schiffer, Sessions and Youngbauer.
Nays:
Senator(s) Case, Goodenough, Job, Scott and Vasey.
Ayes 25 Nays 5 Excused 0
Absent 0 Conflicts 0
HB0043JCC01/AA
Adopt the following Senate amendments:
HB0043SS001.01/ACE
HB0043S2002/AE
Delete the following Senate amendments:
HB0043S2001/ACE
HB0043S2003/AE
HB0043S3001/AE
Further amend the
ENGROSSED COPY as follows:
Page 2-lines 5 through 23 Delete
and insert:
"(a) The
school facilities commission is established to consist of seven (7) members
comprised of the state superintendent of public instruction and six (6) members
who are Wyoming residents appointed as follows:
(i) By
the governor:
(A) One
(1) member of the state board of education;
(B) Three
(3) members who shall have knowledge and experience in the following areas,
with each appointment representing one (1) specified area of expertise:
(I) Building
and facility engineering, construction and operations;
(II) Building
design and specifications;
(III) Estimating,
bidding and building construction.
(ii) By
the state superintendent of public instruction, two (2) members who shall have
knowledge and experience in the following areas, with each appointment
representing one (1) specified area of expertise:
(A) School
facilities planning and management;
(B) The
state educational program for public schools as required by law.".
Page 3-lines 1 and 2 Delete.
Page 3-line 12 After "Gubernatorial" insert
"and state superintendent".
Page 3-line 15 After "governor" insert "and
the state superintendent".
Page 3-line 16 Delete "any" insert "a";
"after "on" insert "respective appointments to".
Page 3-line 17 Delete "any commissioner" insert
"respectively appointed commissioners".
Page 3-line 18 After "." insert "For
purposes of this subsection, appointments by the state superintendent shall be
subject to this subsection in the same manner provided for gubernatorial
appointments under W.S. 9‑1‑202, 28‑12‑101 and 28‑12‑102.".
Page 9-line 6 After
"who" insert "is a Wyoming resident and who".
Page 23-line 9 Delete
"or" insert "and".
SHIVLER, SIMPSON, TOMASSI, CATHCART, DEVIN, ROBERTS
3/12/02 Assigned Number HEA 0045
3/13/02 H Speaker Signed HEA No. 0045
3/13/02 S President Signed HEA No. 0045
3/22/02 Governor Signed HEA No. 0045
Chapter 0099 Session
Laws of Wyoming 2002