S.F. No. 0037

School buildings-major & routine maintenance.

Sponsored By: Select School Facilities Committee

AN ACT relating to school buildings; modifying the routine maintenance adjustment to the cost-based school funding model by phasing down excess capacity to align with the school adequacy standards and facility design guidelines established by the school facilities commission; accordingly modifying the major maintenance program; adjusting major maintenance square footage computations to reflect building age and to exclude specified leased space; modifying computations for closed buildings; modifying major maintenance payment computations; clarifying major maintenance reporting and expenditure requirements as specified; and providing for an effective date.

01/30/2004 Bill Number Assigned

02/09/2004 S Received for Introduction

02/11/2004 S Introduced and Referred to S04

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions, Townsend and Vasey.

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

02/16/2004 S04 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Anderson, J., Caller, Coe, Peck and Sessions

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

02/16/2004 S Placed on General File

SF0037SS001/FAILED

Page 1-line 3 Delete "phasing down" insert "aligning"; delete "to align".

Page 5-line 2 After "." insert "For school years 2004-2005 and 2005-2006,".

Page 5-line 3 Delete "the following" insert "one hundred thirty-five percent (135%)".

Page 5-line 4 Delete line through "percentages".

Page 5-line 5 Delete ":" reinsert stricken ";".

Page 5-lines 7 through 17.

Page 9-line 18 After "which" insert "for school years 2004-2005 and 2005-2006,"; after stricken "(200%)" insert "one hundred thirty-five percent (135%)"; reinsert stricken "of".

Page 9-line 19 Delete.

Page 10-line 4 Delete "." reinsert stricken ";" and delete balance of line.

Page 10-lines 5 through 21 Delete. COE, CHAIRMAN

02/18/2004 S Passed CoW

SF0037S2001/FAILED

Page 8-line 20 Delete "seventh" insert "fifth".

Page 13-line 9 After "(2.5%)" insert ";" and strike balance of line.

Page 13-lines 10 through 12 Strike.

Page 13-line 17 After "(2.5%)" insert ",".

Page 13-lines 18 and 19 Strike.

Page 13-line 20 Strike line through ",". NORTHRUP

ROLL CALL

Ayes: Senator(s) Barrasso, Boggs, Burns, Decaria, Massie, Northrup, Peck, Roberts, Scott, Sessions, Townsend and Vasey.

Nays: Senator(s) Anderson, J., Caller, Case, Cathcart, Devin, Erb, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Meier, Mockler and Schiffer.

Excused: Senator(s) Coe

Ayes 12 Nays 17 Excused 1 Absent 0 Conflicts 0

02/19/2004 S Passed 2nd Reading

02/20/2004 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Cathcart, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Peck, Scott and Townsend.

Nays: Senator(s) Caller, Case, Goodenough, Northrup, Roberts, Schiffer, Sessions and Vasey.

Ayes 22 Nays 8 Excused 0 Absent 0 Conflicts 0

02/20/2004 H Received for Introduction

02/23/2004 H Introduced and Referred to H02

02/24/2004 H02 Recommended Do Pass

ROLL CALL

Ayes: Representative(s) Jones, Jorgensen, Luthi, Nicholas and Philp

Excused: Representative(s) Meuli and Warren

Ayes 5 Nays 0 Excused 2 Absent 0 Conflicts 0

02/24/2004 H Placed on General File

02/24/2004 H Rereferred to H04

03/01/2004 H04 Recommended Do Pass

ROLL CALL

Ayes: Representative(s) Bucholz, Gentile, Hinckley, Lockhart, McOmie, Robinson, Semlek, Wasserburger and Wostenberg

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

03/01/2004 H Placed on General File

SF0037HW001/FAILED

Page 1-line 12 After ";" insert "providing allowance for surplus buildings;".

Page 18-After line 14 insert and renumber:

"Section 3.

(a)  Square footage allowances under subsection (b) of this section are authorized for the period of development of state policy and school district mechanisms to address school district enhancements to school buildings and facilities beyond statewide adequacy standards.

(b)  Notwithstanding W.S. 21‑15‑109, as amended under section 1 of this act, and for school years 2004-2005 and 2005-2006 only, the gross square footage of any school building or facility which has been deemed surplus within a school district's long range comprehensive school building and facility plan, as developed and approved pursuant to W.S. 21‑15‑116, shall be included within the district's total gross square footage as used in major building and facility repair and replacement payment computations under W.S. 21‑15‑109(c). Square footage included in a district's major building and facility repair and replacement payment computations under this subsection shall be in addition to and not subject to the capacity limitations imposed under W.S. 21‑15‑109(c)(iii), as amended under section 1 of this act.". PARADY

SF0037HW002/FAILED

Page 14-line 17 After "section" insert "." and strike balance of line.

Page 14-lines 18 and 19 Strike.

Page 14-line 20 Strike the line through "21-15-116.".

Page 15-line 12 After "." delete balance of line.

Page 15-lines 13 through 16 Delete.

Page 15-line 17 Delete the line through ",". COOPER

SF0037HW003/FAILED

Page 15-line 7 After "." insert "A district may within its plan, dedicate up to ten percent (10%) of amounts deposited within the separate account for emergency building and facility repair and replacement needs occurring during the planning period.". POWERS

03/01/2004 H Passed CoW

SF0037H2001/FAILED

Page 8-line 20 Delete "seventh" insert "fifth". HARVEY, WASSERBURGER

SF0037H2003/FAILED (TO ENGROSSED COPY)

Page 18-After line 14 insert:

"Section 3.  Effective for school years 2004-2005 and 2005-2006 only and notwithstanding W.S. 21‑15‑109(c)(i)(D) and (e), as amended by section 1 of this act, a school district may dedicate up to fifteen percent (15%) of amounts distributed under W.S. 21‑15‑109(b) and deposited within the separate account maintained and required under W.S. 21‑15‑109(e), for building and facility repair and replacement needs of the district which are not specified within the district's facility plan, including expenditures for maintenance needs of district enhancements.".

Renumber as necessary. HARSHMAN

SF0037H2004/FAILED (CORRECTED COPY)

Page 1-line 12 After ";" insert "providing for additional review of and allowance for surplus buildings;".

Page 18-After line 14 insert:

"Section 3.

(a)  The square footage allowance under subsection (b) of this section is authorized in order to allow the state to avoid waste of current assets held by school districts. Each school district currently owning a school building or facility which is deemed beyond statewide adequacy standards may negotiate with counties, cities, towns or special districts to jointly operate the buildings or facilities pursuant to the provisions of W.S. 18-2-108, or may negotiate with cities, towns or counties to use the buildings or facilities for public recreation purposes pursuant to the provisions of W.S. 18-9-201. The square footage allowance under subsection (b) of this section shall only be provided to the school district if the school district provides satisfactory evidence to the school facilities commission that the school district is negotiating in good faith to finalize an agreement to operate or use the buildings or facilities as specified in this subsection. Any funds which would otherwise be provided by the state to the school district for demolition of any such building or facility may be used by the district to jointly operate such buildings or facilities pursuant to the provisions of W.S. 18-2-108 or 18-9-201, if an agreement providing for such operation or use has been submitted to and approved by the attorney general. Any agreement under this section shall provide that the building or facility shall be made available for use by the public generally.

(b) Notwithstanding W.S. 21‑15‑109, as amended under section 1 of this act, and for school years 2004-2005 and 2005-2006 only, the gross square footage of any school building or facility which has been deemed surplus within a school district's long range comprehensive school building and facility plan, as developed and approved pursuant to W.S. 21‑15‑116, shall be included within the district's total gross square footage as used in major building and facility repair and replacement payment computations under W.S. 21‑15‑109(c). Square footage included in a district's major building and facility repair and replacement payment computations under this subsection shall be in addition to and not subject to the capacity limitations imposed under W.S. 21‑15‑109(c)(iii), as amended under section 1 of this act.".

Renumber as necessary. PARADY

03/02/2004 H Passed 2nd Reading

SF0037H3002/ADOPTED

Page 18-After line 14 Insert:

"Section 3.

(a)  Expenditures authorized under subsection (b) of this section are authorized during the period in which the select committee on school facilities develops state policy and school district mechanisms to address school district enhancements to school buildings and facilities beyond state adequacy standards.

(b)  Effective for school year 2004-2005 only and notwithstanding W.S. 21‑15‑109(c)(i)(D) and (e), as amended by section 1 of this act, a school district may dedicate up to eight percent (8%) of amounts distributed under W.S. 21‑15‑109(b) and deposited within the separate account maintained and required under W.S. 21‑15‑109(e), for building and facility repair and replacement needs of the district which are not specified within the district's facility plan, including expenditures for maintenance needs of district enhancements.".

Renumber as necessary. BAKER, BUCHOLZ, HARSHMAN, WASSERBURGER

SF0037H3003/FAILED

Page 15-line 12 After "." insert "Except for the expenditure of excess account balances as provided in this subsection,".

Page 15-line 16 After "." insert "A district may at the end of any reporting period, expend amounts within the separate account which exceed budgeted account expenditures for that reporting period on district building and facility repair and replacement needs outside the expenditures specified within the district's facility plan.". COOPER

SF0037H3005/FAILED

Page 1-line 12 After ";" insert "providing allowance for surplus buildings;".

Page 18-After line 14 insert and renumber:

"Section 3.

(a)  Square footage allowances under subsection (b) of this section are authorized for the period of development of state policy and school district mechanisms to address school district enhancements to school buildings and facilities beyond statewide adequacy standards.

(b)  Notwithstanding W.S. 21‑15‑109, as amended under section 1 of this act, and for school years 2004-2005 and 2005-2006 only, the gross square footage of any school building or facility which has been deemed surplus within a school district's long range comprehensive school building and facility plan, as developed and approved pursuant to W.S. 21‑15‑116, shall be included within the district's total gross square footage as used in major building and facility repair and replacement payment computations under W.S. 21‑15‑109(c). Payment computations for gross square footage included under this subsection shall be based upon a cost factor multiplier of one and five-tenths percent (1.5%) in lieu of the percentage specified under W.S. 21‑15‑109(c)(v) and (vi). Square footage included in a district's major building and facility repair and replacement payment computations under this subsection shall be in addition to and not subject to the capacity limitations imposed under W.S. 21‑15‑109(c)(iii), as amended under section 1 of this act.". PARADY

SF0037H3006/FAILED

Page 1-line 12 After ";" insert "providing allowance for surplus buildings;".

Page 18-After line 14 insert and renumber:

"Section 3.

(a)  Square footage allowances under subsection (b) of this section are authorized for the period of development of state policy and school district mechanisms to address school district enhancements to school buildings and facilities beyond statewide adequacy standards.

(b)  Notwithstanding W.S. 21‑15‑109, as amended under section 1 of this act, and for school years 2004-2005 and 2005-2006 only, the gross square footage of any school building or facility which has been deemed surplus within a school district's long range comprehensive school building and facility plan, as developed and approved pursuant to W.S. 21‑15‑116, shall be included within the district's total gross square footage as used in major building and facility repair and replacement payment computations under W.S. 21‑15‑109(c). Payment computations for gross square footage included under this subsection shall be based upon a cost factor multiplier of one percent (1.0%) in lieu of the percentage specified under W.S. 21‑15‑109(c)(v) and (vi). Square footage included in a district's major building and facility repair and replacement payment computations under this subsection shall be in addition to and not subject to the capacity limitations imposed under W.S. 21‑15‑109(c)(iii), as amended under section 1 of this act.". PARADY

SF0037H3007/FAILED

Page 1-line 12 After ";" insert "providing for allowance for surplus buildings under specified conditions;".

Page 18-After line 14 insert:

"Section 3.

Any school district currently owning a school building or facility which is deemed beyond statewide adequacy standards may negotiate with counties, cities, towns or special districts to jointly operate the buildings or facilities pursuant to the provisions of W.S. 18-2-108, or may negotiate with cities, towns or counties to use the buildings or facilities for public recreation purposes pursuant to the provisions of W.S. 18-9-201. If the school district provides satisfactory evidence to the school facilities commission that the school district has executed an agreement to operate or use a building or facility as specified in this subsection, any funds which otherwise would have been provided by the state to the school district for demolition of the building or facility shall be provided to the school district to be used by the district to jointly operate the building or facility pursuant to the provisions of W.S. 18-2-108 or 18-9-201. Funds shall be provided under this section only if the agreement provides that the building or facility shall be made available for use by the public generally. The funds provided under this section are intended to avoid waste of assets currently held by school districts.".

Renumber as necessary. PARADY

SF0037H3008/FAILED (CORRECTED COPY)

Page 15-line 12 After "." insert "Except for the expenditure of excess account balances as provided in this subsection,".

Page 15-line 16 After "." insert "A district may at the end of any reporting period, expend not more than fifty percent (50%) of the amounts within the separate account which exceed budgeted account expenditures for that reporting period on district building and facility repair and replacement needs outside the expenditures specified within the district's facility plan.". HARSHMAN

SF0037H3009/FAILED

Page 1-line 12 After ";" insert "providing for allowance for surplus buildings under specified conditions;".

Page 18-After line 14 insert:

"Section 3.

Any school district currently owning a school building or facility which is deemed beyond statewide adequacy standards may negotiate with counties, cities, towns or special districts to jointly operate the buildings or facilities pursuant to the provisions of W.S. 18-2-108, or may negotiate with cities, towns or counties to use the buildings or facilities for public recreation purposes pursuant to the provisions of W.S. 18-9-201. If the school district provides satisfactory evidence to the school facilities commission that the school district has executed an agreement to operate or use a building or facility as specified in this subsection, fifty percent (50%) of any funds which otherwise would have been provided by the state to the school district for demolition of the building or facility shall be provided to the school district to be used by the district to jointly operate the building or facility pursuant to the provisions of W.S. 18‑2‑108 or 18-9-201. Funds shall be provided under this section only if the agreement provides that the building or facility shall be made available for use by the public generally. The funds provided under this section are intended to avoid waste of assets currently held by school districts.".

Renumber as necessary. HARSHMAN, HAGEMAN

03/03/2004 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger and Wostenberg.

Excused: Representative(s) Tipton

Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0

03/04/2004 S Did Concur

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions, Townsend and Vasey.

Nays: Senator(s) Case

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

03/04/2004 Assigned Number SEA No. 0046

03/04/2004 S President Signed SEA No. 0046

03/04/2004 H Speaker Signed SEA No. 0046

03/15/2004 Governor Signed SEA No. 0046

03/15/2004 Assigned Chapter Number

Chapter No. 0114 Session Laws of Wyoming 2004.