ADOPTED SENATE AMENDMENTS

MONDAY, FEBRUARY 18, 2008

SF0017S3001/A

Page 1-line 2                           Delete the Sessions, Job Second Reading Amendment (SF0017S2001.01/AC) to this line.

Page 1-line 3                           After "remedies" insert "required to deliver quality educational services".

Page 1-After line 9                              Delete the Sessions, Job Second Reading Amendment (SF0017S2001.01/AC) to this line and insert:

"21‑15‑116. School district facility plans; filing with commission; commission review; administrative review.

(d) Upon receipt, the commission shall review each submitted district facility plan.  Commission review shall ensure the plan:

(ii) Reduces building and facility inadequacies in the most efficient and cost effective manner in order to deliver quality educational services;".

Page 1-After line 13                Delete the Sessions, Job Second Reading Amendment (SF0017S2001.01/AC) to this line and insert:

"(b) The commission shall for each building and facility remedy scheduled under subsection (a) of this section, determine the most cost effective method of remediation of building and facility inadequacies to deliver quality educational services and ensure compliance with the statewide adequacy standards. For any scheduled remedy for which major building and facility repair and replacement payments under W.S. 21‑15‑109 are not sufficient to remedy the scheduled need, as determined by the commission, the commission shall determine if the remedy requires minor capital outlay or major capital outlay in accordance with the following:

(c) In determining the most cost effective method in meeting capital construction needs in order to deliver quality educational services, the commission in consultation with the select committee on school facilities, may recommend consolidating educational facilities within, between or among school districts. The legislature shall approve any consolidation of educational facilities between two (2) or more school districts.".

Page 2-lines 2 through 10                   Delete including the Sessions, Job Second Reading Amendment (SF0017S2001.01/AC) to these lines and insert:

"the commission shall adopt the remedy that is in the best financial and educational interests of the state, taking into consideration the most efficient and cost effective approach in order to deliver quality educational services and address building and facility need.  Expenditures from the school capital construction account shall be for necessary and related costs to implement efficient and cost effective building and facility remedies required to deliver quality educational services.  The commission shall implement this subsection in".  NICHOLAS, MASSIE, PERKINS

SF0017S3002/A

Page 2-lines 2 through 10       In the Nicholas, et al third reading amendment (SF0017S3001/A) to these lines, before "The commission" insert "In making determinations under this paragraph, the commission shall take into consideration the effects of the proposed activity on the local community.".  MEIER, MASSIE

SF0022S3001/A

Page 1-line 1      After "construction;" insert "providing for use of leased facilities by charter schools;".

Page 1-line 14     After "21-3-110(a)(xxvii)" insert "21-3-308(c)"; delete "21-15-109(e)" insert "21-15-109(a)(ii), (c)(i)(B) and (e)".

Page 2-After line 20         Insert:

"21‑3‑308. Hearing by local board; prohibited actions by local board; criteria; compliance with state standards; state board review; contractual authority.

(c) The district board shall require the applicant to provide information regarding the proposed operation and potential effects of the school, including but not limited to the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided and a demonstration that the school is adequately insured for liability, including errors and omissions coverage, and that the school district is indemnified to the fullest extent possible. As authorized under subsection (a) of this section, the applicant may request the district board and the board may approve the charter application subject to specified conditions which provide the applicant sufficient time to acquire necessary funding for securing or otherwise finalizing arrangements for facilities or equipment necessary for the operation of the proposed school. In addition, the district board may upon request of the applicant and approval of the charter school application, make available for use by the charter school any district facility which is closed, not operational and otherwise feasible for use as an educational building as defined under W.S. 21‑15‑109(a)(ii) or may lease a facility for use as an educational building for operation of the charter school if the charter school has been in operation for a period of not less than five (5) years and the charter has been renewed for an additional five (5) years pursuant to W.S. 21‑3‑309.".

Page 3-After line 2     Insert:

"(a) As used in this act:

(ii) "Educational building" means a school building or facility primarily used for providing the educational programs offered by a district in compliance with law which is owned by the district, including a school building or facility owned or leased by the district and used for operating a charter school established under W.S. 21‑3‑301 through 21‑3‑314 subject to W.S. 21‑3‑308(c);

(c) To compute the major building and facility repair and replacement payment for each district, the commission shall:

(i) Annually on or before September 1, determine the total number of gross square feet of school buildings and facilities within the district according to guidelines prescribed by rule and regulation of the commission, subject to the following:

(B) The gross square footage of any school building or facility leased by a district shall not be included within the district's total gross square footage computed under this section, unless the lease agreement is for the operation of any charter school established under W.S. 21‑3‑301 through 21‑3‑314 and then only to the extent major maintenance is not covered under the lease agreement with the lessor as required under W.S. 21‑3‑110(a)(x), is by or with any nonprofit or governmental agency providing educational programs which have been approved by the department of education, the department of health or another state or educational credentialing agency, and the leased space is incorporated into the district's facility plans required under W.S. 21‑15‑116(a)(vi) and is approved by the commission;".  NICHOLAS, COE, MASSIE

SF0022S3002/A

Page 1-line 2      After "expenditures;" insert "authorizing commission payment of district lease agreements;".

Page 1-line 14     Delete "21-3-110(a)(xxvii)" insert "21-3-110(a)(x) and (xxvii)".

Page 2-After line 9 insert:

"(x) Subject to review by the school facilities commission under W.S. 21‑15‑115 for any project involving state capital construction assistance, fix the site of each school building and facility considering the needs of the people of each portion of the district.  If the district enters into an agreement to lease buildings and facilities owned by the district and the buildings and facilities are included within the statewide database maintained by the school facilities commission under W.S. 21‑15‑114(a)(vi), the district shall, except as provided under W.S. 21‑15‑109(c)(i)(B), ensure the lease agreement requires sufficient payment from the lessee to cover expenses necessary to adequately maintain the facility or building in accordance with statewide adequacy standards prescribed by the commission.  Except as provided under W.S. 21‑15‑109(c)(i)(B), if the district enters into an agreement to lease buildings and facilities under which the district is the lessee and the building is to be used for the provision of the required educational program within the district, the lease agreement shall require the lessor to adequately maintain the buildings and facilities in accordance with standards prescribed by the commission and if approved by the commission, the district shall be reimbursed for the lease payment if the square footage of the leased facility is not included within the district's total square footage for purposes of major maintenance computations under W.S. 21‑15‑109;".  NICHOLAS, COE, MASSIE

SF0067S3001/A

Page 1-line 2                           After "specified;" insert "authorizing cost of living salary increases as specified;".

Page 1-line 8                           After "(iii)" insert "and by creating a new subsection (b)".

Page 3-after line 2                   Insert and renumber:

"(b)  In addition to the salaries provided in subsection (a) of this section, the legislature may provide through the budget process salary cost of living increases comparable to the increases provided to other state employees.  Any such cost of living salary increases shall be specifically stated in a footnote to the budget bill by stating the total appropriation required as a result of any such increases along with the new salary amount to be provided to the supreme court, district court and circuit court.  Any salary increase under this subsection shall be subject to constitutional and statutory provisions concerning when salaries can become effective.".  NICHOLAS