S.F. No. 0022

School facilities-amendments.

 

Sponsored By:        Select Committee on School Facilities

 

AN ACT relating to school capital construction; expanding allowable district major maintenance expenditures; authorizing commission payment of district lease agreements; clarifying and modifying school facilities planning, prioritization and remediation process including elimination of minor capital outlay classification, and accordingly modifying and expanding school facilities commission powers and duties; clarifying commission reporting process; repealing emergency contingency account; eliminating superfluous and fully executed provisions; and providing for an effective date.

 

1/2/2008    Bill Number Assigned

2/11/2008   S Received for Introduction

2/11/2008   S Introduced and Referred to S04

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Bebout, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Scott

Ayes 29    Nays 1    Excused 0    Absent 0    Conflicts 0

 

2/13/2008   S04 Recommended Do Pass

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Coe, Jennings, Massie and Von Flatern

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/13/2008   S Placed on General File

2/14/2008   S Passed CoW

 

SF0022S2001.01/ADOPTED  (CORRECTED COPY)

Page 8-line 14          Delete "consultation" insert "coordination".  SESSIONS, JOB

 

SF0022S2001.02/FAILED  (CORRECTED COPY)

 

Page 2-line 12          Delete "Cooperate" insert "Coordinate".  SESSIONS, JOB

 

2/15/2008   S Passed 2nd Reading

 

SF0022S3001/ADOPTED

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/ADOPTED

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

 

2/18/2008   S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Burns, Coe, Decaria, Fecht, Geis, Hines, Jennings, Job, Johnson, Larson, Massie, Nicholas, Peterson, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Bebout, Case, Cooper, Hastert, Landen, Meier, Mockler, Perkins and Scott

Ayes 21    Nays 9    Excused 0    Absent 0    Conflicts 0

 

2/19/2008   H Received for Introduction

2/20/2008   H Introduced and Referred to H04

2/28/2008   H04 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Craft, Davison, Diercks, Goggles, Jaggi, McOmie, Teeters, Wallis and White

Ayes 9    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/28/2008   H Placed on General File

 

SF0022HS001.01/ADOPTED  (CORRECTED COPY)  (TO ENGROSSED COPY)

Page 5-line 7           After first "school" insert "." and delete balance of line.

Page 5-lines 8 through 10     Delete.  MCOMIE, CHAIRMAN

 

SF0022HS001.02/FAILED  (CORRECTED COPY)  (TO ENGROSSED COPY)

Page 1-line 11          After ";" insert "directing scheduling of specified school capital construction projects;".

Page 1-line 12          Delete "an"; delete "date" insert "dates".

Page 20-After line 23 insert and renumber:

"Section 3.

(a)  In accordance with W.S. 21‑15‑118, the school facilities commission shall proceed with those school capital construction projects which were:

(i)  For the construction of a new facility only;

(ii)  Authorized and approved by the legislature under 2006 Wyoming Session Laws, Chapter 35, Section 027, Footnote 1, as amended by 2007 Wyoming Session Laws, Chapter 136, Section 027;

(iii)  Contained within Appendix A to the 2007-2008 commission biennial budget request as specified in 2006 Wyoming Session Laws, Chapter 35, Section 027, Footnote 1, as amended by 2007 Wyoming Session Laws, Chapter 136, Section 027; and

(iv)  Prioritized by the commission for funding from amounts appropriated in the initial 2007-2008 biennial budget, were again prioritized by the commission in the 2007 supplemental budget to efficiently and effectively address needed construction in 2007, but were subsequently reprioritized by the commission to a lower priority and not included within the commission's 2009-2010 biennial budget funded under 2008 Senate File 0001, if enacted into law.

(b)  In carrying out subsection (a) of this section, the commission shall proceed with projects identified under subsection (a) of this section and shall have priority on the amounts funded within the commission's 2009-2010 budget under 2008 Senate File 0001, Section 027, if enacted into law.".

Page 21-line 1          Delete "3." Insert "4.  (a)  Except as provided under subsection (b) of this section,".

Page 21-After line 1 insert:

"(b)  Notwithstanding subsection (a) of this section, Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.".  MCOMIE, CHAIRMAN

 

2/28/2008   H Passed CoW

2/29/2008   H Passed 2nd Reading

 

SF0022H3001/FAILED  (TO ENGROSSED COPY)

Page 1-line 11          After ";" insert "providing for an audit of the commission prioritization process;".

Page 20-After line 23 Insert:

"Section 3.  In addition to duties assigned under W.S. 9‑1‑513, the school finance section of the department of audit shall conduct a compliance, effectiveness and efficiency audit of the prioritization process for school buildings and facilities as used by the school facilities commission pursuant to W.S. 21‑15‑117.  The school facilities commission shall provide access to all data and other information and shall cooperate with the school finance section as necessary to implement this section.  The commission shall also, within thirty (30) days following receipt of initial audit findings, file a written response with the department of audit.  On or before December 1, 2008, the department of audit shall report audit findings, together with the commission response, to the joint education interim committee.  This section is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.".

Page 21-Line 1          Delete "3." insert "4.".  TEETERS

 

SF0022H3002/ADOPTED  (TO ENGROSSED COPY)

Page 1-line 4           Delete entirely and insert "requiring reimbursement of specified institutional lease revenues received from school districts;".

Page 1-line 5           Delete "agreements;".

Page 3-line 11          Delete "and" insert ".  Any state institution leasing buildings and facilities to a district for the provision of the required educational program within the district, and for which facilities and buildings the state institution receives major building and facility repair and replacement payments from the state, shall, upon receipt, pay to the state treasurer all amounts received from the district through lease payments as reimbursement for state major maintenance payments;".

Page 3-lines 12 through 16    Delete entirely.  HARSHMAN

 

SF0022H3003/FAILED  (TO ENGROSSED COPY)

Delete the Standing Committee Amendment (SF0022HS001/ACE).

Further amend the engrossed copy as follows:

Page 1-line 2           After "leased" insert "and district".

Page 1-line 17          Delete "(a)(ii), (c)(i)(B) and".

Page 5-line 5           After "may" delete balance of line.

Page 5-line 6           Delete entirely and insert "approve operation of a charter school in an educational building leased by the".

Page 5-line 7           Delete "if" insert ".  If so approved and".

Page 5-line 10          Before "." insert ", the district shall be reimbursed by the school facilities commission for fifty percent (50%) of the lease payments incurred by the charter school for as long as the charter school operates under the lease agreement after this first five (5) year period, and the district shall pay to the charter school the amount of the reimbursement.  If the charter school has been in operation for seven (7) or more years, the commission shall reimburse the district one hundred percent (100%) of the lease payments incurred by the charter school for as long as the charter school operates under the lease agreement after the seven (7) year period, and the district shall reimburse the charter school the amount of the reimbursement.  After a charter school has been in operation for a period of ten (10) years and the charter has been renewed for an additional five (5) years under W.S. 21‑3‑309, the district shall pursue the most cost effective method of providing adequate facilities for the educational programs provided by the charter school and include the required educational space for the charter school programs within its district facility plan required under W.S. 21‑15‑116.  The district shall consult with the school facilities commission for the provision of permanent district educational space for the charter school".

Page 5-lines 17 through 23    Delete entirely.

Page 6-lines 1 through 24     Delete entirely.

Page 7-lines 1 through 4            Delete entirely.  HARSHMAN

 

SF0022H3004/FAILED  (TO ENGROSSED COPY)

Delete the House Standing Committee Amendment (SF0022HS001/ACE).  Further amend the ENGROSSED COPY as follows:

Page 1-line 1           Delete "providing".

Page 1-line 2           Delete line through ";".

Page 1-line 17          Delete and insert "21‑15‑109(e),".

Page 4-lines 5 through 24     Delete.

Page 5-lines 1 through 10     Delete.

Page 5-lines 17 through 23    Delete.

Page 6-lines 1 through 24     Delete.

Page 7-lines 1 through 4            Delete.  HARSHMAN

 

3/3/2008    H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brown, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Thompson, Throne, Wallis, White, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays:  Representative(s) Brechtel, Buchanan and Teeters

Excused:  Representative(s) Warren

Ayes 56    Nays 3    Excused 1    Absent 0    Conflicts 0

 

3/3/2008    S Did Not Concur

 

ROLL CALL

Ayes:  Senator(s) Scott

Nays:  Senator(s) Aullman, Bebout, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern

Excused:  Senator(s) Anderson, J.

Ayes 1    Nays 28    Excused 1    Absent 0    Conflicts 0

 

3/3/2008    S Appointed  JCC01 Members

            Senator(s) Anderson, J., Coe, Nicholas

3/4/2008    H Appointed JCC01 Members

            Representative(s) Edmonds, Harshman, McOmie

3/6/2008    S Adopted SF0022JC01

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Bebout, Burns, Case, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Mockler and Sessions

Excused:  Senator(s) Coe and Larson

Ayes 26    Nays 2    Excused 2    Absent 0    Conflicts 0

 

3/6/2008    H Adopted SF0022JC01

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused:  Representative(s) Davison

Ayes 59    Nays 0    Excused 1    Absent 0    Conflicts 0

 

SF0022JC01/AA  ADOPTED  (TO ENGROSSED COPY)

Delete the following House amendments:

SF0022HS001.01/ACE

SF0022H3002/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 1           Delete "providing".

Page 1-line 2           Delete line through ";".

Page 1-line 17          Delete and insert "21‑15‑109(e),".

Page 3-line 11          Delete "and" insert "; .".

Page 3-line 16          Delete ";" and insert ", subject to the following:

(A)  If the lease payment is for educational facilities used in the actual operation of a charter school, the commission shall pay the district an amount approved by the commission for the lease payment by the charter school if:

(I)  The charter is approved by the district under W.S. 21‑3‑301 through 21‑3‑314;

(II)  The commission determines no adequate educational facilities exist within the district for operation of the charter school;

(III)  The charter school has been approved and has successfully operated for a period of not less than three (3) years; and

(IV)  The district pays the charter school the amount of the reimbursement received under this subparagraph.

(B)  If the lease payment is for facilities leased to the district by a state institution which meets state adequacy standards prescribed by rule and regulation of the commission, the amount of the lease reimbursement paid by the commission shall not include the amount received by the institution from the state for major building and facility repair and replacement costs attributable to the facility, as computed by the construction management section within the general services division of the department of administration and information.".

Page 4-lines 5 through 24     Delete.

Page 5-lines 1 through 10     Delete.

Page 5-lines 17 through 23    Delete.

Page 6-lines 1 through 24     Delete.

Page 7-lines 1 through 4            Delete. ANDERSON.J., COE, NICHOLAS, EDMONDS, HARSHMAN, MCOMIE.

  

3/6/2008    Assigned Number SEA No. 0056

3/7/2008    S President Signed SEA No. 0056

3/7/2008    H Speaker Signed SEA No. 0056

3/12/2008   Governor Signed SEA No. 0056

3/12/2008   Assigned Chapter Number

 

Chapter No. 0093  Session Laws of Wyoming 2008.