|
S.F.
No. 0051 |
School
finance-amendments |
Sponsored By: Joint Education Interim Committee
AN ACT relating to school
finance; modifying the education resource block grant model in response to the
supreme court decision in State of Wyoming, et al., v. Campbell County School
District, et al., 2001 WY 19, 19 P.3d 518, (Wyo. 2001)(Campbell II), as
specified; implementing recalibration of cost based prototypical school models;
modifying requirements for out-of-state tuition payments; transferring and
modifying school finance audits; providing for additional studies; providing
for appropriations; authorizing additional personnel; and providing for
effective dates.
2/6/02 Bill Number Assigned
2/11/02 S Received for Introduction
2/11/02 S Introduced and Referred to S04
2/15/02 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
2/15/02 S Placed on General File
2/15/02 S Rereferred to S02
2/15/02 S02 Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s)
Anderson, J., Cathcart, Harris, Hinchey and Larson
Ayes 5 Nays 0 Excused 0
Absent 0 Conflicts 0
2/15/02 S Placed on General File
2/18/02 S Amendments Adopted
SF0051SS001/A
That Substitute
No.1 be substituted for SF0051 and that Substitute No. 1 DO PASS DEVIN, Chairman
SF0051SS002.01/A (DIVIDED
AMENDMENT) [TO SUBSTITUTE BILL No. 1]
Funding
Formula Components Affected: Appropriations.
Page 50-lines 1 through 5 Delete.
Page 51-line 19 After "(f)" delete balance of line insert "Three
hundred ninety-nine thousand five hundred fifty dollars ($399,550.00)".
Page
51-line 20 Delete
line through "($396,517.00)".
Page 51-line 24 After "and" delete balance of line and insert
"four hundred forty-three thousand thirty-six dollars ($443,036.00)".
Page
52-line 1 Delete
"($446,069.00)".
Renumber as necessary. LARSON, CHAIRMAN
SF0051SS002.02/F (DIVIDED
AMENDMENT) [TO SUBSTITUTE BILL No. 1]
Funding
Formula Components Affected: Appropriations.
Page 50-lines 13 through 23 Delete.
Page 51-lines 1 and 2 Delete.
Page 53-lines 1 through 10 Delete.
Page 53-line 23 Delete ";" insert ".".
Page 54-lines 1 through 4 Delete.
Renumber as necessary. LARSON, CHAIRMAN
SF0051SW001/A [TO
SUBSTITUTE BILL No. 1]
Funding
Formula Components Affected: Regional cost
adjustment.
Page
49-After line 8 insert and renumber accordingly:
"Section
14. [REGIONAL COST ADJUSTMENT
STUDY]
(a) The
division of economic analysis, department of administration and information,
shall undertake a study for the development of an instrument capable of
measuring differences in regional costs for purposes of the education resource
block grant model. The recommended instrument shall replace the Wyoming
cost-of-living index as a measure of regional cost differences in computing the
adjustment under W.S. 21‑13‑(o)(ii), as amended under section 2 of
this act. The department through the division may contract with appropriate
expertise and professionals as necessary to develop the instrument.
Information, methodology documentation and all other analytical material
created for purposes of this subsection shall be filed with the legislative
service office.
(b) The
division shall report recommendations developed under subsection (a) of this section
to the joint education interim committee not later than November 1, 2002.
(c) The
joint education interim committee shall, following receipt of information and
recommendations reported by the division of economic analysis under this
section, review the report and forward any recommendations, together with any
necessary enabling legislation, to the Wyoming legislature for consideration in
the 2003 general session.".
Page
52-After line 10 insert and renumber accordingly:
"(d) Thirty
thousand dollars ($30,000.00) is appropriated from the general fund for the
period ending June 30, 2003, to the division of economic analysis, department
of administration and information, to perform necessary data collection and
analysis for the development of recommendations for an instrument measuring
regional cost differences, as required under section 14 of this act.".
Page
55-line 3 Delete
"16" insert "17".
LARSON
2/18/02 S Passed CoW
2/19/02 Amendment Failed
SF0051S2001.01/FC (CORRECTED COPY) (DIVIDED AMENDMENT)
[TO SUBSTITUTE BILL No. 1]
Funding
Formula Components Affected: At-risk
adjustment.
Page 1-line 16 Delete "," insert "and"; delete "and
21‑13‑333".
Page
5-lines 17 through 24 Delete
Pages
6 and 7 Delete.
Page
8-lines 1 through 17 Delete.
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8-line 19 Delete
"21‑13‑333" insert "21‑13‑332".
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fourth "," insert "and"; delete "by".
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10-line 21 Delete
line through "(xi),".
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"and" insert ",".
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19-line 5 Delete
"21‑13‑322,".
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19-line 23 Delete
"and 21‑13‑322".
Page 35-line 8 After "(B)(I)" delete "," insert
"and"; delete "(n)(iv)".
Page
35-line 9 Delete
"and (v),".
Page
35-line 11 Delete
"21‑13‑322,"; delete "21‑13‑325,".
Renumber
as necessary. MASSIE
ROLL
CALL
Ayes: Senator(s) Anderson, J., Boggs, Case,
Cathcart, Decaria, Goodenough, Harris, Job, Kinnison, Massie, Mockler, Schiffer
and Vasey.
Nays: Senator(s) Barton, Coe, Devin, Erb, Geis,
Hanes, Hawks, Hinchey, Kunz, Larson, Meier, Miller, C., Peck, Roberts, Scott,
Sessions and Youngbauer.
Ayes 13 Nays 17
Excused 0 Absent 0 Conflicts 0
SF0051S2001.02/AC (CORRECTED COPY) (DIVIDED AMENDMENT)
[TO SUBSTITUTE BILL No. 1]
Funding
Formula Components Affected: Transportation
adjustment.
Page 10-line 23 Delete second "," insert "and"; delete
"and by" insert ",".
Page
10-line 24 Delete
line through "(g),".
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22-line 16 After
"and" delete balance of line.
Page
22-line 17 Delete.
Page
22-line 18 Delete
"school year".
Page
23-lines 10 through 18 Delete.
Page
42-line 18 Delete
"(a) Transition.".
Page
43-lines 4 through 24 Delete.
Page
44-lines 1 through 13 Delete.
Page
50-lines 13 through 18 Delete
and renumber.
Page
53-lines 7 through 10 Delete
and renumber.
Renumber
as necessary. MASSIE
ROLL
CALL
Ayes: Senator(s) Barton, Boggs, Case, Cathcart,
Decaria, Geis, Goodenough, Harris, Job, Kinnison, Massie, Meier, Miller, C.,
Mockler, Schiffer and Vasey.
Nays: Senator(s) Anderson, J., Coe, Devin, Erb,
Hanes, Hawks, Hinchey, Kunz, Larson, Peck, Roberts, Scott, Sessions and
Youngbauer.
Ayes 16 Nays 14
Excused 0 Absent 0 Conflicts 0
SF0051S2002/F [TO SUBSTITUTE BILL No. 1]
Funding
Formula Components Affected: Large school
study.
Page
49-After line 20 insert:
"Section 15. [LARGE SCHOOL STUDY]
The joint education interim committee shall
conduct a study on the economy-of-scale issues pertaining to schools with ADM
in excess of the ADM established under the education resource block grant
amount for each prototypical school.".
Page 54-After line 4 insert"
"(vii) Twenty
thousand dollars ($20,000.00) for a study of large school economy-of-scale
issues provided under section 15 of this act.".
Page
55-line 3 Delete
"16" insert "17".
Renumber
as necessary. MEIER
ROLL
CALL
Ayes: Senator(s) Barton, Case, Cathcart, Coe, Erb,
Geis, Goodenough, Hanes, Kinnison, Meier, Miller, C., Scott and Vasey.
Nays: Senator(s) Anderson, J., Boggs, Decaria,
Devin, Harris, Hawks, Hinchey, Job, Kunz, Larson, Massie, Mockler, Peck,
Roberts, Schiffer, Sessions and Youngbauer.
Ayes 13 Nays 17 Excused 0 Absent 0
Conflicts 0
2/19/02 S Passed 2nd Reading
2/20/02 Amendment Adopted
SF0051S3001/A [TO SUBSTITUTE BILL No. 1]
Page 48-l line 20 After "including" insert "competitive salary
levels,". MASSIE
ROLL
CALL
Ayes: Senator(s) Boggs, Decaria, Devin, Harris,
Job, Kunz, Massie, Mockler, Peck, Schiffer, Scott, Sessions and Vasey.
Nays: Senator(s) Anderson, J., Barton, Case,
Cathcart, Coe, Erb, Geis, Goodenough, Hanes, Hawks, Hinchey, Kinnison, Larson,
Meier, Miller, C., Roberts and Youngbauer.
Ayes 13 Nays 17
Excused 0 Absent 0 Conflicts 0
SF0051S3002.01/F (DIVIDED
AMENDMENT) [TO SUBSTITUTE BILL No. 1]
Page
54-line 4 Delete
"." insert ";".
Page
54-After line 4 insert:
"(vi) One
hundred fifty thousand dollars ($150,000.00) for facilitation professionals and
to implement school finance data facilitation and resolution discussions
required under section 15 of this act.".
Renumber
as necessary. JOB, DEVIN
ROLL
CALL
Ayes: Senator(s) Boggs, Decaria, Devin, Harris, Job,
Kunz, Massie, Mockler, Peck, Schiffer, Scott, Sessions and Vasey.
Nays: Senator(s) Anderson, J., Barton, Case,
Cathcart, Coe, Erb, Geis, Goodenough, Hanes, Hawks, Hinchey, Kinnison, Larson,
Meier, Miller, C., Roberts and Youngbauer.
Ayes 13 Nays 17
Excused 0 Absent 0 Conflicts 0
SF0051S3002.02/A (DIVIDED AMENDMENT) [TO SUBSTITUTE BILL No. 1]
Page
49-Before line 10 insert:
"Section 15. [DATA
FACILITATION AND RESOLUTION]
The joint education interim committee shall
provide a forum for facilitated discussion of data requirements, data
composition, data quality and data quantity issues pertaining to the operation
of the education resource block grant model, school prototypes contained within
the model and the adjustments to the model prototypes. The forum shall be
facilitated by group facilitation professionals who shall assemble appropriate
expertise in school finance data issues, including representatives of school
districts, both large and small, urban and rural, and representatives of the
division of economic analysis of the department of administration and
information, state department of education, the department of audit, the
department of employment and consultants to the legislature performing the cost
of education studies. The facilitator shall provide a report on the forum to
the joint education interim committee on or before June 15, 2002.".
Renumber
as necessary. JOB, DEVIN
2/20/02 S Passed 3rd Reading
ROLL
CALL
Ayes: Senator(s)
Anderson, J., Barton, Boggs, Coe, Decaria, Devin, Geis, Hanes, Harris, Hawks,
Job, Kunz, Larson, Massie, Miller, C., Mockler, Peck, Roberts, Scott, Sessions,
Vasey and Youngbauer.
Nays: Senator(s)
Case, Cathcart, Erb, Goodenough, Hinchey, Kinnison, Meier and Schiffer.
Ayes 22 Nays 8 Excused 0 Absent 0 Conflicts 0
2/21/02 H Received for Introduction
2/21/02 H Introduced and Referred to H04
2/26/02 H04 Recommended Amend and Do Pass
ROLL
CALL
Ayes:
Representative(s) Lockhart, McGraw, McOmie, Miller, D., Robinson,
Samuelson, Shivler and Stafford
Nays:
Representative(s) Simons
Ayes 8 Nays 1 Excused 0
Absent 0 Conflicts 0
2/26/02 H Placed on General File
2/28/02 H Amendments Adopted
SF0051HS001/AE (TO ENGROSSED COPY)
That
Substitute No. 2 to SF0051 ENGROSSED DO PASS.
STAFFORD, CHAIRMAN
SF0051HW001/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Funding
Formula Components Affected: none.
Page
44-lines 23 and 24 Delete.
Page
45-lines 1 through 5 Delete. STAFFORD
SF0051HW002/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page 38-line 13 Delete
"21-3-301" insert "21-3-401".
Page 38-line 16 Delete
"21-3-301" insert "21-3-401". ROBINSON
SF0051HW003/F [TO SUBSTITUTE BILL No. 2]
Funding
Formula Components Affected: Hold harmless
payments.
Page 43-line 15 Delete "year" insert "years".
Page
43-line 16 After
"2003" insert "and "2003-2004". SIMONS
2/28/02 H Passed CoW
3/1/02 Amendment Failed
SF0051H2001/FE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Funding
Formula Components Affected: Hold harmless
payments.
Page 43-line 15 Delete "year" insert "years".
Page 43-line 16 After "2003" insert "and 2003-2004". EYRE,
SIMONS
SF0051H2004/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page
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Page
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Page
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47-line 13 Delete
"8(b)" insert "7(b)".
Page
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"13" insert "12".
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49-line 23 Delete
"7" insert "6".
Page
50-line 5 Delete
"8(b)" insert "7(b)".
Page
50-line 12 Delete
"9(b)" insert "8(b)".
Page
50-line 17 Delete
"10" insert "9".
Page
51-line 12 Delete
"17" insert "16".
Renumber
as necessary. LOCKHART
SF0051H2005/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page 1-line 2 Delete "in response to" insert "to achieve
uniformity and equality and to address".
Page
1-line 5 After
"(Campbell II)" insert "1".
Page
51-before line 5 Insert:
"Section
18. [FOOTNOTES]
1. Wyoming's Constitution wisely constituted
this body as a citizen legislature. Its
members labored many days, weeks, and months to produce this Education Finance
Bill, the Capital Construction Financing Bill, and the Appropriations Bill. As
is the case with prior education bills, that work entailed many hours and days
of hearings, listening to witnesses and other interested citizens, interviewing
teachers, school board members and administrators, obtaining and digesting
voluminous reports, interviewing and assessing experts representing conflicting
views, and visits to most communities to inspect their schools. The
legislature's work requires traveling hundreds (collectively thousands) of
miles throughout the state, innumerable days and nights gathering and weighing
facts, as well as studying and evaluating diverse and complicated economic
factors. This exercise is required to advise ourselves and prepare for the
legislative session where individual legislators are called upon to exercise
their independent judgment. Anxious proponents making requests for additional
funding continually beset legislators. These bills are the result of that
arduous effort and involved receipt and consideration of literally thousands of
pages of information, and the evaluation of the impact of the bills on each of
our school districts. The legislature considered and evaluated alternatives on
virtually every conceivable part and subpart of the subjects contained within
the bills. This exercise was made significantly more difficult due to the need
to receive, read and study divergent professional opinions regarding the
existence, meaning and effect of pertinent Court decisions, as well as the glut
of information created to influence the Court's prospective allocations of
public funds to competing interests. It is the legislative function to apply
that information in context of the whole. Those activities are essential to the
performance and fulfillment of our legislative responsibilities and our
constitutional duty as elected members of the Legislative Department of this
State.
In response to
the 1995 Wyoming Supreme Court's decision that the school finance system was
not constitutionally uniform, the Legislature has undertaken to responsibly
conform education financing without causing undue harm to our constituent
school districts. Vast sums of money have been expended to identify and test
methods to accomplish the goals of equality and uniformity. Since the 1995
Court decision, the Legislature has greatly increased school funding and
re-directed its distribution such that the equality and uniformity of the
Wyoming school system has vastly improved. Shortly before this legislative
session began, Wyoming was ranked second among the 50 states in adequacy of
resources. (Education Weekly, November 10, 2002) Wyoming will be
spending an average of over eight thousand two hundred dollars ($8,200.00) per
pupil during the next biennium for educational funding. The Legislature has
increased spending for K-12 financing by more than one hundred seventy-four
million dollars ($174,000,000.00) per biennium since 1997, notwithstanding a
decline in student enrollment of more than five thousand five hundred (5500)
students statewide. We have substantially remedied the disparities in uniform
funding that were criticized by the Court in Campbell I.
This legislature
has undertaken to fund Wyoming's schools in excess of the Court's requirements.
Examples include: (1) Funding schools under the foundation program cost-based
model on a three year rolling average basis, amounting to forty-four million
two hundred sixty-one thousand eleven dollars ($44,261,011.00) commencing
school year 1998-1999; (2) Implementing hold-harmless provisions during the
first two years of cost-based funding, amounting to eight million eight hundred
twenty-two thousand five hundred sixty-five dollars ($8,822,565.00) during that
period; (3) Grandfathering district cash reserves existing on and before June
30, 1997, thereby exempting those amounts from inclusion as countable revenue
in computing district operating reserves and cash balances under the cost-based
formula, totaling roughly fifty-nine million ninety-seven thousand four hundred
ninety-seven dollars ($59,097,497.00) as of January 2002; (4) The inclusion of
interest, capital gains and any other earnings on funds held by districts from
local resources as used in computing foundation program amounts, amounting to
twenty-nine million seventy-five thousand four hundred sixty-nine dollars
($29,075,469.00) since enacting school reform; (5) Returning local recaptured
revenues which reach the limit specified by our Constitution, totaling four
million three hundred twenty thousand one hundred eighty-eight dollars
($4,320,188.00) during school year 2001-2002; and (6) Duplication of payments
for special education teachers under one hundred percent (100%) reimbursement
and under teacher seniority computations, amounting to roughly seven million
three hundred thousand dollars ($7,300,000.00) annually.
The Legislature
and the Executive Department have diligently and conscientiously endeavored to
achieve a funding system that meets or exceeds Constitutional requirements AND
reasonable desires and expectations of the people of Wyoming. We have addressed
the unintended consequences and major problems introduced by the Court as
mentioned by the Governor in his 2002 State of the State Address, by which
forty-two (42) of our school districts lost a total of twenty two million
dollars ($22,000,000.00) that the Court's latest decision reallocated to the
other six (6) districts, one of which received a forty percent (40%) increase in
funding.
The Legislature
is advised that attorneys in the protracted litigation in this state's Judicial
Department have already commenced a new barrage of discovery to the Executive
Department, designed to obtain information and documents relating to these
bills. It is apparent that litigation over these bills is already underway by
which the litigants, none of whom will likely receive their full budget
requests, will seek to persuade the Judicial Department to supercede this
legislation.
In the Supreme
Court opinion described as Campbell III[1]
the Court recited that "all parties have requested the Court to retain
jurisdiction in that case." The
Legislature is not one of those parties. The school districts and state
Department of Education have already spent upwards of five million dollars
($5,000,000.00), perhaps even more than seven million dollars ($7,000,000.00),
in fees and costs on the Campbell cases. Is there any wonder why
education reform is prolonged with legal efforts to prove legislative insufficiencies,
rather than terminated with the efforts of the litigants devoted to achieving
practical, acceptable resolutions to exceedingly complex issues? The
difficulties of converting a one hundred ten (110) year-old unconstitutional
education system into a new untried and untested uniform education system are
complex, particularly when each one of our school districts and schools is
unique.
Major difficulty
has been created because the Judicial Department has obtruded upon the
Legislative Department of our State. Local participation and control by Wyoming
citizens is being lost.
It appears that
the Judicial Department has more or less promised the Campbell case
litigants that the Court will compel the Legislature to distribute greater sums
to whichever litigant or litigants presents the best case. It assumes that the Campbell
case litigants are authorized, by their agreement, to decide what the
Legislature must or will do. It appears to have committed itself to assign
legislative powers (and perhaps executive powers) to a court officer in the
event its litigants are unable to agree[2];
in effect, compelling the Legislature to surrender its power to the Campbell
case litigants and the Court.
This Legislature
does not question the Judiciary Department's good faith interpretation and
construction of statutes, and interpretations that give substance and meaning
to Constitutional provisions requiring explanation. This Legislature does not question the ability of the Judicial
Department to "declare void all legislation that is
unconstitutional." To the contrary, such declarations are welcomed. They
relieve the citizens of Wyoming from inappropriate burdens or strictures. They
call attention to errors that otherwise may or would have been overlooked, for
example, the unconstitutionality of a non-uniform school system.
However, another
provision of the Wyoming Constitution seems to have been overlooked except by
the dissent in the Campbell III decision. The direct command of Article
2, Section 1 of Wyoming's Constitution provides that "[n]o person or
collection of persons charged with the exercise of powers properly belonging to
one of [the three distinct departments of Wyoming government; legislative,
executive and judicial] shall exercise any powers properly belonging to either
of the others," except as the Wyoming Constitution directs or permits.
That command is clear. It leaves no room for interpretation or construction. It
does not permit exceptions that are not expressly set out in the
Constitution. The Constitution does not except any power of the Judicial
Department to obtrude with its writs and inferred equitable powers. The
judge-made doctrine of separation-of-powers and judge-made expansions are
foreclosed. Reliance on Federal case law, foreign law reviews, and law of other
states whose constitutions omit the forceful prohibition that ours contains is
misplaced.
In the case of Bulova
Watch Co. v. Zale Jewelry, 371 P.2d 409, 419 (Wyo. 1962), the Supreme Court
wrote, “[t]he disposition of the judicial branch of government has always been
to scrupulously refrain from encroaching in the slightest way into the
legislative field of policy making where factual or economic factors require
latitude of discretion. We will not and we do not substitute our opinions in
such matters for the considered judgment of our lawmakers. Yet, we ourselves
have a function to perform, a constitutional right, and the paramount duty to
insist that the legislature not renounce its legislative power by any ...
attempt to delegate it away." Bulova Watch Co. v. Zale Jewelry, 371
P.2d 409, 419 (Wyo. 1962). The application of the principles set out in that
decision appear to have been overlooked in the school cases.
Individual
legislators are invested with certain important political powers, in the
exercise of which each is to use his or her own discretion, accountable only to
the State of Wyoming in the political character of each legislator and each to
his or her own conscience. Because elected legislators are political, they act
concerning situations involving constitutional or legislative discretion.
Nothing can be more perfectly clear than that their acts may not be examined
judicially; but only politically; that is, at the polls. Questions of a
political nature, particularly those involving factual or economic latitude of
discretion, or which are submitted to the legislature by the Constitution, can
never be submitted to the Court.
The judicial
power to interpret and construe the Constitution is not unlimited. The
Constitution must be understood from the words it contains. Those words may not
be stricken, or re-defined, or added to. If the final interpretation comes from
the Judicial Department, then the Judicial Department must construe the
Constitution without addition or subtraction, particularly when the
Constitution clearly, definitively and completely speaks for itself.
The Campbell
cases rather unabashedly redefine, add to, and subtract from the meaning of
words and phrases that are plain and clear; for which interpretation is
unnecessary and cannot help but change. Among those items are: "The
legislature's paramount priority" is supporting the opportunity for
education. (Campbell II, p. 538.); "[C]ompeting priorities not of
constitutional magnitude are secondary, and the legislature may not yield to
them until constitutionally sufficient provision is made for elementary and
secondary education." (Campbell II, p. 538; also Campbell I,
p. 1279.); "All other financial considerations must yield until education
is funded." (Campbell I, p. 1279.); "The constitution requires
[the state education program] be the best we can do." (Campbell
I, p. 1279; Campbell II, p. 538.) (Translated to mean the best that
money can buy.); "Uniform education of a quality that is both visionary
and unsurpassed" requires the "legislature to consider education as a
paramount priority over all other considerations." (Campbell II, p.
538.); and, "Lack of financial resources will not be an acceptable reason
for failure to provide the best educational system [that money can buy]."
(Campbell II, p. 566.)
Were the
foregoing statements written into the Constitution, among the items that the
Legislature would be required to ignore until the "best"
"unsurpassed" education is provided, would be:
Protection and
promotion of the health and morality of the people, which the Constitution expressly
deems essential. (Wyo. Const. Article 7, § 20.) (Words this strong are
not used in connection with Education.)
Funding the other
Constitutional officers, including the Governor, Secretary of State, Auditor,
Treasurer & Superintendent. (Wyo.
Const. Article 4, § 13 et seq., also the entire Executive Department.)
Funding the
Judicial Department. (Wyo. Const. Article 5, §§ 5, 17, et seq.)
Staffing and
paying the legislature. (Wyo. Const. Article 3, § 29.)
Reapportioning
legislative membership. (Wyo. Const. Article 3, § 48.)
Providing for
elections. (Wyo. Const. Article 6, §§ 13, 14.)
Providing for the
Board of Equalization, and just valuations, etc. (Wyo. Const. Article 15 §§ 9,
11, etc.)
Providing for
workers' compensation, corporations and other entities. (Wyo. Const. Article 9
§§ 1, 4, 10.)
Providing for
cities and towns and other governmental units. (Wyo. Const. Article 13, §§ 1,
3; Article 14, §§ 1-4.)
Providing for the
National Guard. (Wyo. Const. Article
17, § 2.)
Providing for
superintendents of the water districts. (Wyo. Const. Article 38 § 4.)
Providing for the
protection of livestock from disease, and enforcing labor laws. (Wyo. Const.
Article 19, §§ 1, 4.)
The Constitution commands the Legislature
to accomplish each and all of those, employing largely the same words employed
with reference to schools, except as to the designation of health and morality
as "essential" matter.
The Legislature
is comprised of individual elected state officials, each of whom hold office
equivalent to, and on a table of organization the same as, individual members
of the judiciary. They are no less qualified to perform their respective
offices. They are elected directly, and frequently are far more politically accountable
for political decisions and political action. They have the equal duty to
prevent obtrusion from other Departments.
This Legislature
is unwilling to, and has no purpose to engage in constitutional confrontation
or crisis. These are uncharted waters. Mature restraint prevents embarking on
that course unless pushed or pulled. The Campbell cases describe how
Judicial Department writings have warned for thirty (30) years that this was
coming, but the warnings were unheeded. Such warnings seem to have been buried
in law libraries; information kept by an inactive few. Surely a public
education system that functioned unconstitutionally for over one hundred years
and fifty-three (53) Legislatures does not justify the antagonism that seems to
be now appearing.
This footnote
ends with an observation and an inquiry. If after considering the direct
language of Article 2 of the Constitution, the Judicial Department insists it
is at liberty to invest itself with legislative and executive authority, and
the Legislative Department perceives that doing so renders the distribution of
powers in Article 2 a matter of form without substance, is there a way to avoid
a constitutional crisis? This footnote
asks: To what purpose are the three distinct powers so emphatically limited by
Article 2 if the limits may be exceeded by those intended to be restrained? If
Article 2 of the Wyoming Constitution is an attempt to limit a power that is
boundless, then is not Article 2 an absurd attempt to separate powers?
Page 51-line 12 Delete "17" insert "18".
Renumber as necessary. NICHOLAS
SF0051H2006/FE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 1]
Funding Formula Components Affected:
Regional cost-of-living adjustment.
Page 16-line 5 After "." insert "For school year 2002-2003, no district which is below the
statewide average index value shall receive an adjustment under this paragraph
which is less than the statewide average index value.".
Page 44-line 7 After "." insert "In
addition, the study shall include a review of the feasibility of including
wages as a component of the instrument.".
SIMPSON
SF0051H2007/AE (TO ENGROSSED COPY) [TO
SUBSTITUTE BILL No. 2]
Page
38-line 20 Delete
"(a)".
Page
39-lines 5 through 24 Delete.
Page
40-lines 1 through 9 Delete.
Page
45-line 9 Delete
"may" insert "shall".
Page
47-lines 8 through 13 Delete.
Page
50-lines 2 through 5 Delete.
Page
50-line 18 Delete
"." insert ";".
Page
50-After line 18 Insert:
"(v) One
hundred fifty thousand dollars ($150,000.00) for the data facilitation and
resolution forum provided under section 14 of this act.".
Renumber as necessary. SHIVLER, SAMUELSON, WARREN
SF0051H2008/FE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page 1-above line 1 In the catch title after
"finance" insert "and legislative agencies".
Page
1-line 1 After
"finance" insert "and the legislature".
Page
1-line 8 After
"finance" insert "and state agency".
Page 1-line 9 After ";" insert "creating a school finance
and audit department;.
Page
1-line 10 Before
"funds" insert "personnel and".
Page 1-line 15 Delete "9-1-513 and"; after "21-13-332"
insert "and 28-8-116".
Page
2-lines 1 through 24 Delete.
Page
3-lines 1 through 24 Delete.
Page
4-lines 1 through 24 Delete.
Page
5-lines 1 through 13 Delete
and insert:
"28-8-116. Legislative school finance and audit
department.
The
legislative school finance and audit department shall develop necessary
expertise regarding the school finance system to advise the legislature in
performing its duties related to school finance.
Page 8-line 17 After "W.S." insert "9-1-507(a)(vi),
9-2-1005(a)(xii)(D)".
Page 9-line 2 Delete "and" insert ", 21-15-107(m),
21-16-718(d), 28-1-115(c) through (e), 28-8-101, 28-8-102(a) and (c), 28-8-103,
28‑8‑104(a) and (b), 28-8-105(a)(vi).
Page 9-line 3 After "intro" insert "(c) and (d), 28-8-108,
28‑8‑109(a) and by creating a new subsection (b), 28-8-111(a), 28‑8‑112,
28-8-113(a), 28-8-115(a) by creating new paragraphs (vi) through (xiii), by
creating new subsections (c) and (d) and renumbering (c) and (d) as (e) and (f)
and 31-7-103".
Page
9-after line 3 Insert:
"9-1-507. Examination
of books of state institutions, agencies and certain districts and entities;
independent audit authorized; guidelines.
(a) The director of the
state department of audit shall:
(vi) Conduct performance
measure reviews based on the standards developed in W.S.
28-1-115(a)(ii)(A). The director shall
determine the means to be used to verify and validate the performance measures. The results of the reviews shall be reported
to the agency head, governor, secretary of state and the legislative service office school finance and audit
department;
9-2-1005. Payment
of warrants; budget powers of governor; agency budgets; federal funds; new
employees.
(a) Subject to subsections
(k), (m) and (n) of this section and except as otherwise provided by law for
the period commencing July 1, 1994 and ending June 30, 1998, no warrant shall
be drawn by the auditor or paid by the treasurer:
(xii) If the expenditure is
for data processing hardware, software, consultants or training, unless
specifically approved by one (1) of the following:
(D) Director of the
legislative service office for the legislative branch, except that the legislative school finance and
audit department shall have the approval of the administrator of that
department; or".
Page
9-line 14 Delete "the director of the department of audit" insert "administrator
of the legislative school finance and audit
department".
Page 10-line 3 Delete "department
of audit" insert "legislative
school finance and audit department".
Page 10-line 4 Delete "9-1-513" insert "28-8-115".
Page 10-line 5 Delete "department
of audit" insert "legislative
school finance and audit department".
Page 10-line 7 Delete "9-1-513" insert "28-8-115".
Page 10-line 8 Delete "department
of audit" insert "legislative
school finance and audit department".
Page
10-line 10 Delete
"9-1-513" insert "28-8-115".
Page
31-after line 10 Insert:
"21-15-107. Statewide
standards for school building and facility adequacy; capital construction
advisory group; adequacy assessment; determination of building deficiencies;
annual reporting requirements.
(m) Design and square foot
variations that deviate from the uniform standards set forth in subsection (a)
of this section may be recommended by the capital construction advisory group
and by the state superintendent by agreement of the Wyoming department of
education, the school district and the independent consultant on state school
capital construction, if any, employed by the legislative service office school finance and audit
department.
21-16-718. Investment
and management of funds; audit.
(d) The authority shall
employ a certified public accountant to examine the books and accounts of the
authority including its receipts, disbursements, contracts, reserve funds,
sinking funds, investments and any other matters relating to its financial
standing. The examination shall be
conducted at least once each year and copies of the examination report shall be
filed with the secretary of state, the director of the state department of
audit and the legislative service
office school finance and audit department.
28-1-115. Submission
of state agency plans to legislature; contents; purposes.
(c) Each agency shall submit
by December 1 of each year an annual performance report to the governor with
copies to the legislative service
office school
finance and audit department to provide a basis for evaluation of attainment of agency
goals and objectives in the agency's plan developed under subsection (a) of
this section. The report shall be included as part of the annual report
required by W.S. 9-2-1014(a).
(d) The management audit
committee of the legislature, with the assistance of the audit division of the
legislative service office school finance and audit department and the department of audit, may
use the agency plans and annual statement of attainment as the basis for
program evaluation and performance audits as authorized by law.
(e) Within forty-five (45)
days after the end of each legislative session, the legislative service office school
finance and audit department shall provide the management audit committee with a list of
each new major program and major modifications to existing programs provided
for by law, including programs added through a general appropriations act or
through individual bill enactments, for each state agency defined by subsection
(f) of this section. Prior to submission to the management audit committee, the
legislative service office school finance and audit department shall provide the
list to the chairman of each house and senate standing committee for comment.
LEGISLATIVE SERVICE OFFICE AND LEGISLATIVE SCHOOL FINANCE
AND AUDIT DEPARTMENT
28-8-101. Creation;
composition.
(a) There
is created the legislative service office within the legislative branch of
government. hereinafter referred to as the
"office". The office shall be composed of the services
division and the audit division.
(b) There is created the legislative school
finance and audit department within the legislative branch.
(c) As used in this article:
(i) "Administrator" means the
administrator of the department;
(ii) "Department" means the legislative
school finance and audit department;
(iii) "Director" means the director of
the office;
(iv) "Office" means the legislative
service office.
28-8-102. Management
council; membership; vacancies; meetings; rules and regulations; quorum;
officers.
(a) Activities of the office
and the department shall be directed by a management council composed of the
president, vice president, majority and minority floor leaders or their
respective designees of the senate, plus two (2) senators selected at large not
more than one (1) of which shall be from the same political party as the
president; and the speaker, speaker pro tempore, majority and minority floor
leaders or their respective designees of the house plus two (2) representatives
selected at large, not more than one (1) of which shall be from the same
political party as the speaker. The two (2) senators selected at large shall be
selected by caucus of the two (2) major political parties in the senate,
meeting separately, and the (2) representatives selected at large shall be
selected by caucus of the two (2) major political parties of the house, meeting
separately. These twelve (12) members shall select one (1) additional member at
large from the house of which the chairman of the management council is not a
member. The member at large shall not be from the same party as the chairman of
the management council. Chairmanship of the management council shall be rotated
between the house and senate after each two (2) year session so that the
chairman shall not be from the same house as the chairman who served for the
preceding legislative term. The members of the management council shall be the
legislative representatives in directing the day-to-day functions of the office
and department and the entire membership of the legislature shall have the
ultimate control and supervision over policy of the office and department.
(c) The management council
may promulgate reasonable rules and regulations for the internal management of
the office and department, including the respective duties of the director, administrator and the
staff. The rules of practice comprised in Mason's Manual of Legislative
Procedure shall govern the management council, all interim committees, and
investigative committees in all cases in which they are not inconsistent with
the rules and orders as specifically adopted by the management council.
28-8-103. Director,
administrator and staff.
The
management council shall appoint by majority vote a director of the office and an administrator of the department. The director,
subject to the prior approval of the management council, shall appoint an
assistant director of legislative services. and an assistant director of audit services. The director and the administrator shall
appoint such additional professional, technical and clerical staff as necessary
to perform the functions assigned to the office and the department. The director, administrator and staff shall be selected without reference to
political affiliation and shall serve at the pleasure of the appointing
authority. They shall be paid salaries and receive necessary expenses as
determined by the management council.
28-8-104. Direction
by legislature during sessions; joint interim committees; requests for
services; establishment of priorities; appointment of select committees;
vacancies; enlarging committees.
(a) The legislature during
regular or special session may direct the director, administrator and his staff their staffs to
perform such studies, duties or services as the legislature may prescribe.
(b) When the legislature is
not in regular or special session, the respective standing committees of the
house and senate shall function as joint interim committees. Each of these
interim committees may request the office and the
department to perform specific studies and
services for the interim committee conditioned only upon receipt of prior
approval of the committee's request by the management council. All priorities
based upon limitation of time and appropriation of the office shall be
established by the management council and followed by the interim committees
and individual legislators. Any specific study or service that is approved by
the management council, including bill drafting and prefiling, shall be done
under the supervision of the appropriate interim committee or the individual
legislator.
28-8-105. Duties
of director and services division; prefiling bills; fiscal notes.
(a) It shall be the duty of
the director, through the services division of the office, to perform the
following specific functions, together with such other functions as the council
may prescribe:
(iv) Keep a record of all
expenditures of the legislature other
than expenditures of the department, and
keep a correct inventory and act as custodian of all legislative supplies and
property other than those supplies and
property of the department;".
Page 31-line 15 Reinsert stricken language.
Page 31-line 16 Strike "legislative service office" insert "department.".
Page
31-after line 20 Insert:
"(c) The legislative service office department shall
prepare a report of each audit conducted and submit a copy of the audit report
to the agency being reviewed for comment. The agency has fifteen (15) days,
unless otherwise authorized by the committee, to submit a written response to
the report to the legislative service office
department. The completed audit report, which includes the agency response,
if any, shall be transmitted to the management audit committee for review and
discussion with the agency officials and the legislative auditors. This review
and discussion of the audit report shall be conducted by the committee in
executive session. Following review the audit report may be released unless the
committee requests the legislative service office to obtain supplemental
information. A copy of the completed report
and any supplemental information shall be distributed to the governor
and each member of the legislature.
(d) The contents of the
audit report, its findings and documentation are confidential and shall not be
disclosed by any member of the management audit committee or employee of the legislative service office department or agency
being audited until the completed audit report is released, but the committee
may discuss the contents of the audit report with the governor before release
of the final report.
28-8-108. Comments,
recommendations and suggestions in audit reports; disclosure of confidential
information; unauthorized reports or releases.
(a) The reports of the legislative service office department may
include comments, recommendations and suggestions, but neither the director administrator nor the
auditors shall have any authority to enforce them nor shall they otherwise
influence or direct executive or legislative action. All information obtained
by the legislative service office department related to an audit is deemed not to be a public record and shall
remain confidential information in the possession of the legislative service office
department. This information may be
disclosed by the legislative service office department only to members of the legislative committee for which the
information was obtained, only to the extent necessary to document a statement
or report, and only in such a manner as to protect individual identities.
(b) Any member of the legislative service office department who
knowingly discloses confidential information other than as authorized by
subsection (a) of this section, discloses the contents of audit reports
prohibited by W.S. 28-8-107 or releases other reports or information not
authorized by the management council, the management audit committee or by
statute is subject to immediate termination of employment.
28-8-109. Reports
by director to legislature.
(a) The
director and his staff shall prepare and deliver a report of the activities of
the office to each member of the next succeeding session of the legislature not
later than December 15th of each calendar year, or at such other times as the
management council deems necessary or as requested by the legislature.
(b) The administrator and his staff shall
prepare and deliver a report of the activities of the department to each member
of the next succeeding session of the legislature not later than December 15th
of each calendar year, or at such other times as the management council deems
necessary or as requested by the legislature.
28-8-111. Assistance
to be provided by state and local officers or agencies; duty of audited
agencies.
(a) Upon request of the
director or administrator and with the approval of the management council or the management
audit committee, each officer, board, commission, department or any political
subdivision of state government or any local government shall provide
assistance, documents and information
to the legislative service office and
legislative school finance and audit department.
28-8-112. Space
in state capitol building.
Adequate
space in the state capitol building shall be provided for the conduct of
activities of the legislative service office,
legislative school finance and audit department, the management council and its staff.
28-8-113. Duty of
agency officers and employees; legislative service office access to records;
failure to provide access; penalty.
(a) Any officer or employee
of a state agency subject to audit or sunset review shall fully assist the legislative service office legislative
school finance and audit department during
the course of the audit or review. The legislative
service office department shall
have access to and authority to examine all books, records, accounts, files,
correspondence and all other documents, confidential or otherwise, maintained
by the agency or its employees during the course of agency business. The
provisions of W.S. 16-4-201 through 16-4-205 do not apply to audits or
investigations of state agencies performed by or on behalf of the legislature
or legislative committees. Any member
of the legislative service office department who discloses confidential information obtained while conducting
an audit, to any person or in any manner not authorized by law, is subject to
disciplinary action as provided by W.S. 28-8-108(b).
28-8-115. Auditing
of data related to administration of the school finance system.
(a) There is created within
the legislative service office department the school finance audit section. As used in this section and W.S. 28-1-116,
"school finance system" shall be as defined in W.S. 21-2-203. The
section shall:
(vi) Conduct
periodic audits of each school district pertaining to data required to be
submitted to the department of education under law and by rule and regulation
of the state superintendent of public instruction for purposes of implementing
and operating the "school finance system". Audits under this
paragraph shall include audits of systems supporting data collection and shall
be performed on each school district at least once within each three (3) year
period;
(vii) Conduct management studies
of school districts including program evaluations and performance audits, on
issues identified by the advisory committee to the division of data management
and reporting of the department of education, as established under W.S. 21‑2‑203(d);
(viii) Conduct
compliance and effectiveness and efficiency audits of the state department of
education with respect to data used in the school finance system,
implementation and computations under the school finance system and the
allocation of funds to school districts through the school finance system;
(ix) Report
findings and recommendations to the department of education resulting from
audits and studies conducted on school districts pursuant to this subsection,
including recommendations for remedies to identified problems and issues and
including the identification and quantification of amounts involved in audit
report and study findings;
(x) In
addition to paragraph (b)(iv) of this section, provide a written report of each
audit or study to the school district for which the audit or report was
conducted;
(xi) Maintain
a written report of each audit and study conducted under this section;
(xii) Establish
a process to ensure school districts and the department of education address
and resolve any problems identified within audit and report findings and
recommendations and establish the determination of the materiality levels for
findings;
(xiii) Provide
an annual report to the legislature on audits and studies conducted by the
department under this section and on district and department of education
efforts to resolve identified problems within the audits and reports. Reports
under this paragraph shall include written responses by the districts and the
department of education submitted in accordance with subsection (c) of this
section.
(c) School
districts and the department of education shall provide access to all data and
other information and shall cooperate with the school finance audit section as
necessary to implement this section and to conduct audits and reports required
under this section. In addition, each district shall within thirty (30) days
following receipt of a copy of the audit or report, file a written response to
each audit or report conducted on that district with the department. The state
superintendent shall on behalf of the department of education and within thirty
(30) days following receipt of a report or audit on the department, file a
written response to the report with the legislative school finance and audit
department.
(d) The
administrator or his designee shall participate in the advisory committee to
the division of data management and reporting of the department of education,
as required under W.S. 21‑2‑203(d).
(b)(e) The management council shall promulgate rules regarding standards
and procedures for auditing of school district data required to be provided to
the department of education under W.S. 21-2-203. These rules shall apply to school finance audit section staff. These rules shall be in accordance with standards
under W.S. 16-4-121(c) and 28-8-107(e) to the extent those are reasonably
applicable, but shall otherwise be established to ensure that school districts
accurately and completely account for and report data to the department of
education necessary to implement the school finance system.
(c)(f) W.S. 28-8-108 and 28-8-113 apply to audits conducted under this
section.
31-7-103. Administration
and enforcement.
The
administration of this act shall be exercised by the department which may
prescribe forms and reasonable rules and regulations in conformity with this
act. The department shall keep records of all monies received and disbursed.
The records shall be open to examination by the director of the state
department of audit or his designee and the audit division of the legislative service office school
finance and audit department. The
highway patrol and all peace officers of any county or municipality shall aid
in the enforcement of this act.".
Page 32-line 2 After
"21-13-327" delete "," insert "and".
Page 32-line 3 After
"28-8-115(a)(i) through (v)".
Page
34-line 1 Delete "service
office" insert "school finance and audit
department".
Page 38-line 5 Delete
"service office" insert "school finance and audit
department".
Page
40-line 7 Delete "service office"
insert "school finance and audit department".
Page 43-line 5 Delete "department of audit"
insert "legislative
school finance and audit department".
Page
44-line 16 Delete "service
office" insert "school finance and audit
department".
Page 45-line 21 Delete "department of audit" insert
"legislative
school finance and audit department".
Page 48-line 8 Delete "department of audit"
insert "legislative
school finance and audit department".
Page 48-line 14 Delete "department of audit" insert
"legislative school
finance and audit department".
Page 48-line 15 Delete "five (5)" insert
"seven (7)".
Page 48-line 16 Delete "9-1-513" insert
"28-8-115".
Page 49-line 9 Delete "service office" insert "school finance and
audit department".
Page
51-after line 3 Insert:
Section
17. [TRANSFER OF
LEGISLATIVE SERVICE OFFICE FUNCTIONS]
(a) There is transferred from the legislative
service office to the legislative school finance and audit department all
personnel and positions of the management audit division. The management
council is authorized to transfer from the budget of the legislative service
office to the legislative school finance and audit department those funds
contained within 2002 Senate File 1 which are appropriated for salaries and
benefits of the personnel transferred under this subsection.
(b) The intent of this act is for the
legislative school finance and audit department to develop expertise to allow
the legislature to use the services of the department in place of consultants
previously used for school finance issues.
The department shall be authorized to participate in each activity
authorized under this act regarding development and implementation of the
school finance system.".
Renumber as
necessary. NICHOLAS
SF0051H2009/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page
40-line 11 After
"EDUCATION" insert "/AT-RISK PROGRAMS".
Page
41-After line 7 insert:
"(c) In
addition to subsection (b) of this section, the state department of education
shall review the at-risk adjustment provided under W.S. 21‑13‑332
as created under section 1 of this act. The review shall include a
comprehensive review of the adequacy of the at-risk adjustment and if
participation in the free or reduced-price lunch program and limited English
speaking program is inclusive, appropriate and accurate as a proxy for at-risk
students for purposes of the at-risk adjustment specified under W.S. 21‑13‑332.
On or before November 1, 2002, the state department shall report findings and
recommendations based upon its review to the joint education interim committee.
Recommendations for use of any identification mechanism or definition for
purposes of an at-risk adjustment under the education resource block grant
model shall be based upon clear and convincing evidence.".
Page 48-After line 21 insert:
"(f) Twenty
thousand dollars ($20,000.00) is appropriated from the general fund for the
period ending June 30, 2003, to the department of education to conduct the
review of the at-risk adjustment to the education resource block grant model as
required under section 9(c) of this act.".
Renumber as necessary. WARREN
SF0051H2010/FE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Funding
Formula Components Affected: Routine
Maintenance.
Page 27-line 24 Delete "one hundred"
insert "one hundred seventy-five percent (175%)".
Page
28-line 1 Delete
line through "(125%)".
Page 28-line 2 Delete "two hundred percent
(200%)" insert "three hundred
percent (300%)".
Page 28-line 5 Delete "one hundred"
insert "one hundred seventy-five percent (175%)".
Page
28-line 6 Delete
line through "(125%)".
Page 28-line 7 Delete "two hundred percent
(200%)" insert "three hundred
percent (300%)". EYRE,
WILLFORD
3/1/02 H Passed 2nd Reading
3/4/02 Amendment Adopted
SF0051H3001/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page 42-line 23 After "FUNCTION" insert "/REVIEW OF FUTURE
REORGANIZATION".
Page
43-line 1 Before
"All" insert "(a)".
Page
43-after line 6 Insert:
"(b) The joint education interim committee shall
study the best means of developing within a state entity expertise regarding
the school finance system. The goal of the study shall be the development of a
state entity with expertise to allow the legislature to use the services of the
entity in place of consultants previously used for school finance issues. The
committee shall also study the transfer of the audit function under this
section and best means of combining this audit function within the same state
entity referenced in this subsection. The committee may also review the
transfer of audit functions within the legislative service office for possible
inclusion in the state entity. The study shall include a review of any
personnel, equipment and authority needed for the entity. The study shall be conducted in conjunction
with other legislative meetings authorized under this act. The committee shall
present a proposed plan for reorganizing the specified functions to the joint
appropriations committee and the management council for review not later than
November 1, 2002. The committee shall develop necessary legislation to
implement the plan for the 2003 general and budget session.". NICHOLAS
SF0051H3002/ACE (CORRECTED COPY-2) (TO ENGROSSED COPY)
[TO SUBSTITUTE BILL No. 2]
Delete the Warren Second Reading Amendment
(SF0051H2009/AE). Further amend as
follows:
Page 46-After line 2 insert:
"Section
14. [AT-RISK PROGRAMS]
The state department of education shall
review the at-risk adjustment provided under W.S. 21‑13‑332 as
created under section 1 of this act. The review shall include a comprehensive
review of the adequacy of the at-risk adjustment and if participation in the
free or reduced-price lunch program and limited English speaking program is
inclusive, appropriate and accurate as a proxy for at-risk students for
purposes of the at-risk adjustment specified under W.S. 21‑13‑332.
On or before November 1, 2002, the state department shall report findings and
recommendations based upon its review to the joint education interim committee.
Recommendations for use of any identification mechanism or definition for
purposes of an at-risk adjustment under the education resource block grant
model shall be based upon clear and convincing evidence.".
Page 49-After line 5 insert:
"(e) Twenty
thousand dollars ($20,000.00) is appropriated from the general fund for the
period ending June 30, 2003, to the department of education to conduct the
review of the at-risk adjustment to the education resource block grant model as
required under section 14 of this act.".
Page 51-line 12 Delete the Lockhart Second Reading Amendment (SF0051H2004/AE)
and the Nicholas Second Reading Amendment (SF0051H2005/AE) to this line.
Renumber as necessary. WARREN
SF0051H3003/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page 51-before line 5 In the Nicholas Second Reading Amendment
(SF0051H2005/AE) to this line, amend as follows:
Page 2-line 15 of the referenced amendment Delete "Weekly" insert "Week".
Page 2-line 19 of the referenced amendment Delete "one hundred" insert
"two hundred sixty-six million four hundred thousand dollars
($266,400,000.00)".
Page 2-line 20 of the referenced amendment Delete line through
"($174,000,000.00)".
Page 2-line 22 of the referenced amendment Delete "five thousand five hundred
(5,500)" insert "seven thousand six hundred (7,600)".
Page 2-line 41 of the referenced amendment Delete "inclusion" insert
"exclusion".
Page 3-line 20 of the referenced amendment Before "attorneys" insert
"school district".
Page 3-line 25 of the referenced amendment Before "litigants" insert
"school district". NICHOLAS
SF0051H3004/AE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page 51-before line 5 In the Nicholas second reading
amendment (SF0051H2005/AE) to this line, amend as follows:
Page
7-line 46 of the referenced amendment Delete
"Such".
Page
7-line 47 of the referenced amendment Delete
entirely.
Page 8-line 1 of the referenced amendment Delete the line through
"few.". BOSWELL
SF0051H3005/FE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Delete
the Nicholas second reading amendment (SF0051H2005/AE).
Delete
the Nicholas third reading amendment (SF0051H3003/AE).
Delete
the Boswell third reading amendment (SF0051H3004/AE). MCGRAW
SF0051H3006/FE (TO ENGROSSED COPY) [TO SUBSTITUTE BILL No. 2]
Page
46-Before line 4 insert:
"Section
14. [REVIEW OF MODEL COMPONENTS]
The state superintendent of public
instruction shall establish a committee to review the components of the
education resource block grant model, excluding studies for vocational
education, reading assessment and intervention, special education, small
schools, regional cost adjustment and at-risk components and adjustments. The
committee shall include representatives of school districts, the state
department of education and the legislative service office. The state
superintendent shall prepare a report on the findings and recommendations of
the committee to be submitted to the joint education interim committee on or
before November 1, 2002.".
Page 51-line 12 Delete the Lockhart Second Reading Amendment (SF0051H2004/AE)
and the Nicholas Second Reading Amendment (SF0051H2005/AE) to this line.
Renumber as necessary. ROBINSON, WARREN, WASSERBURGER
3/4/02 H Passed 3rd Reading
ROLL
CALL
Ayes:
Representative(s) Anderson, R., Burns, Childers, Cohee, Deegan, Edwards,
Esquibel, Eyre, Gay, Hageman, Hines, Iekel, Illoway, Johnson, L., Johnson, W.,
Jones, Landon, Law, Lockhart, McMurtrey, McOmie, Meuli, Meyer, Miller, D.,
Morgan, Nagel, Nicholas, Osborn, Parady, Paseneaux, Petersen, Reese, Rose,
Ross, Samuelson, Shivler, Simons, Simpson, Slater, Stafford, Tempest, Tipton,
Tomassi, Warren, Wasserburger, Watt and Willford.
Nays:
Representative(s) Baker, Boswell, Diercks, Hessenthaler, Huckfeldt,
Luthi, McGraw, Nelson, Philp, Robinson, Sadler, Thompson and Wostenberg.
Ayes 47 Nays 13 Excused 0
Absent 0 Conflicts 0
3/5/02 S Did Not Concur
ROLL
CALL
Ayes: Senator(s)
Case, Coe, Erb, Hinchey, Kunz, Larson and Youngbauer.
Nays: Senator(s)
Anderson, J., Barton, Boggs, Cathcart, Decaria, Devin, Geis, Goodenough, Hanes,
Harris, Hawks, Job, Kinnison, Massie, Meier, Miller, C., Mockler, Peck,
Roberts, Schiffer, Scott, Sessions and Vasey.
Ayes 7 Nays 23 Excused 0
Absent 0 Conflicts 0
3/5/02 S Appointed JCC01 Members
Senator(s) Devin,
Peck and Goodenough
3/5/02 H Appointed JCC01 Members
Representative(s) Boswell, Stafford and Samuelson
3/7/02 S Adopted SF0051JC01
ROLL
CALL
Ayes: Senator(s)
Boggs, Coe, Devin, Erb, Geis, Goodenough, Hanes, Harris, Hawks, Hinchey, Job,
Kunz, Larson, Miller, Peck, Roberts, Sessions, and Youngbauer
Nays: Senator(s) Anderson, Barton, Case, Cathcart,
Decaria, Kinnison, Massie, Meier, Mockler, Schiffer, Scott and Vasey
Ayes 18 Nays 12 Excused 0
Absent 0 Conflicts 0
S Vote
Reconsideration/Failed
ROLL
CALL
Ayes: Senator(s)
Boggs, Cathcart, Decaria, Erb, Geis, Goodenough, Harris, Job, Kinnison, Massie,
Mockler, Schiffer, Scott and Vasey
Nays: Senator(s) Anderson, Barton, Case, Coe, Devin,
Hanes, Hawks, Hinchey, Kunz, Larson, Meier, Miller, Peck, Roberts, Sessions,
and Youngbauer
Ayes 14 Nays 16 Excused 0 Absent 0 Conflicts 0
3/7/02 H Adopted SF0051JC01
ROLL
CALL
Ayes:
Representative(s) Anderson, R., Baker, Boswell, Burns, Childers, Cohee,
Deegan, Diercks, Edwards, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines,
Huckfeldt, Illoway, Johnson, L., Johnson, W., Jones, Law, Lockhart, Luthi,
McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas,
Osborn, Parady, Paseneaux, Petersen, Philp, Reese, Robinson, Rose, Ross,
Samuelson, Shivler, Simons, Slater, Stafford, Tempest, Thompson, Tipton,
Tomassi, Warren, Wasserburger, Watt, Willford and Wostenberg.
Nays:
Representative(s) Iekel, Landon, McGraw, Sadler and Simpson.
Ayes 55 Nays 5 Excused 0
Absent 0 Conflicts 0
SF0051JC01/AA
SF0051
School finance- amendments (Sub #2)
Reference House Message No. 183
Adopt the following House
amendments:
SF0051HS001/AE
SF0051HW001/AE TO SUBSTITUTE BILL NO. 2
SF0051HW002/AE TO SUBSTITUTE BILL NO. 2
SF0051H2005/AE TO SUBSTITUTE BILL NO. 2
SF0051H2007/AE TO SUBSTITUTE BILL NO. 2
SF0051H3002/ACE TO SUBSTITUTE BILL NO. 2
SF0051H3003/A TO SUBSTITUTE BILL NO. 2
SF0051H3004/A TO SUBSTITUTE BILL NO. 2
Delete the following House
amendments:
SF0051H2004/AE TO SUBSTITUTE BILL NO. 2
SF0051H2009/AE TO SUBSTITUTE BILL NO. 2
SF0051H3001/AE TO SUBSTITUTE BILL NO. 2
Further amend SUBSTITUTE
BILL NO. 2 as follows:
Page 34-line 9 Delete "the" insert "a"; delete
"education"; delete "may" insert "of the legislature
shall".
Page 34-line 11 Before "." insert "and shall report study findings
to the management council and to the joint education interim committee on or
before December 15, 2002".
Page 34-line 17 After
"provide" insert "urgent".
Page 38-line 10 Delete "The" insert "A"; delete
"education"; delete "may" insert "of the legislature
shall".
Page 38-line 16 After "." insert "The committee shall report study
findings to the management council and to the joint education interim committee
on or before December 15, 2002.".
Page 40-line 23 Delete "The" insert "A"; delete
"education"; delete "may" insert "of the legislature
shall".
Page 41-line 7 After "." insert "The committee shall report study
findings to the management council and to the joint education interim committee
on or before December 15, 2002.".
Page 42-line 6 Delete "the" insert "a"; delete
"education"; delete "may" insert "of the legislature
shall".
Page 42-line 8 After "." insert "The committee shall report study
findings to the management council and to the joint education interim committee
on or before December 15, 2002.".
Page 42-line 10 Delete "The" insert "A"; delete
"education"; delete "may" insert "of the legislature
shall".
Page 43-line 15 Delete
"year" insert "years".
Page 43-line 16 After
"2003" insert "and 2003-2004".
Page 43-line 20 Delete
"preceding" insert "2001-2002".
Page 44-line 8 After
"replace" insert "or be a refinement of".
Page 46-Before line 4 insert:
"Section
16. [CERTIFIED STAFF COMPENSATION
STUDY]
The joint education interim committee of the
legislature shall study the certified staff component within the education
resource block grant model, including competitive salary levels, fringe
benefits, health insurance, seniority and education and experience adjustments
and related issues. The committee shall on or before December 15, 2001, report
study findings to the management council. Related studies gathering data
pursuant to this section shall target a November 1, 2002, completion
date.".
Page 47-line 1 After "(b)" delete balance of line and insert
"Seven hundred fifty thousand dollars ($750,000.00)".
Page 47-line 2 Delete
"($1,500,000.00)".
Page 50-Before line 19 insert:
"(vi) One
hundred thousand dollars ($100,000.00) for a study of the certified staff
compensation component within the education resource block grant model as
provided under section 16 of this act.".
Page 51-line 12 Delete "17" insert "20".
Renumber as necessary including internal
references.
STAFFORD, BOSWELL, SAMUELSON, DEVIN,
GOODENOUGH, PECK,
3/8/2002 Assigned Number SEA0027
3/8/2002 S President Signed SEA No. 0027
3/8/2002 H Speaker Signed SEA No. 0027
03/12/2002 Governor Signed SEA No. 0027
Chapter No. 76 Session Laws of Wyoming 2002
[1]Campbell I refers to Campbell
County School v. Ohman, 907 P.2d 1238 (Wyo. 1995). Campbell II
refers to State v. Campbell County School, 19 P.3d 518 (Wyo. Mar. 2001). Campbell III refers to State
v. Campbell County School, 32 P.3d 325 (Wyo. Oct 2001).
[2]Campbell III states on page 333,
"Finally, the court will consider the appropriateness of appointing a
special master [to take over the tax and spend functions of the Legislature and
Department of Education] in the future should the parties be unable to resolve
ongoing disputes."