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H.B. No. 0114 |
Community colleges-amendments. |
Sponsored By: Joint Education Interim Committee
AN ACT relating to community colleges; establishing a statewide college system operations and facility funding mechanism based upon a prescribed system wide strategic planning process attaching state funding to state interests; providing for system operational budgeting and program approval and termination aligned with strategic planning; accordingly aligning system components and system accountability measures; creating a mechanism for prioritizing and funding system capital construction needs; modifying facility major maintenance funding and accordingly restricting use of specified revenues; delegating authority and imposing duties upon the community college commission, the department of administration and information and upon community college districts; granting rulemaking authority; imposing reporting requirements; prescribing initial strategic plan development; providing transitional funding thresholds and funding considerations; providing appropriations and authorizing positions; and providing for effective dates.
1/7/2009 Bill Number Assigned
1/13/2009 H Received for Introduction
1/13/2009 H Introduced and Referred to H04
1/26/2009 H04 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brechtel, Connolly, Craft, Diercks, Jaggi, Lubnau, McKim, McOmie and Teeters
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
1/26/2009 H Rereferred to H02
1/30/2009 H02 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Berger, Hammons, Harshman, Jorgensen, Pedersen, Philp and Steward
Ayes 7 Nays 0 Excused 0 Absent 0 Conflicts 0
1/30/2009 H Placed on General File
HB0114HS001.01/ADOPTED (CORRECTED COPY)
Page 9-line 19 Delete "and (f)" insert ",".
Page 16-line 18 Reinsert stricken "may"; delete "shall".
Page 16 lines 19 through 24 Reinsert all stricken language; delete all new language.
Page 17-lines 1 through 8 Delete.
Page 17-line 9 Delete line through "replacement".
Page 19-lines 1 through 21 Delete.
Page 23-line 1 After "shall" insert ", in consultation with the board of trustees of that community college district,".
Page 23-line 6 After "presidents" insert "following consultation with respective boards of trustees".
Page 23-line 14 Delete "under" insert "in accordance with".
Page 27-line 11 Before "," insert "for each fiscal year of the biennium commencing July 1, 2012, and ending June 30, 2014".
Page 27-line 14 Delete "fiscal" insert "biennial"; delete "is" insert "shall".
Page 27-lines 15 through 17 Delete.
Page 27-line 18 Delete line through second ","; after "not" insert "be"; delete "ninety percent" insert "ninety-five percent (95%)".
Page 27-line 19 Delete "(90%)".
Page 27-line 24 Delete "fiscal year and fifty percent (50%) of" insert "biennium and".
Page 28-line 2 Delete "; and" insert ".".
Page 28-lines 4 through 13 Delete. MCOMIE, CHAIRMAN
HB0114HS001.02/FAILED (CORRECTED COPY)
Page 1-line 5 After ";" insert "authorizing counties within the service area of a district to levy up to one (1) mill subject to voter approval; specifying distribution of tax collections; requiring college districts to include board representation for service area counties imposing levies; defining service area;".
Page 2-line 6 Delete "is" insert "and 21-18-318 are".
Page 9-After line 14 Insert:
"21‑18‑318. College district service areas; service area election for special tax levy; election for district board representation upon levy approval; distribution of levy revenues.
(a) Upon receipt of a petition signed by at least ten percent (10%) of the qualified electors residing within any county included with the service area district of a community college district, or upon resolution of the board of county commissioners with jurisdiction, the county commissioners shall submit the question of imposing a levy of up to one (1) mill on the dollar of assessed valuation within the county for the regular support and operation of that community college district whose service area district includes that county. The election shall be held on a date authorized under W.S. 22‑21‑103 and shall be conducted in all respects under procedures prescribed by W.S. 22‑21‑103 through 22‑21‑110. The number of electors required for a petition shall be determined by the number of votes cast at the last general election.
(b) The ballot in the election shall be in substantially the following form:
(i) "Shall a levy of (up to one (1)) ... mill be levied on the assessed value of ... County, Wyoming for the general support and operation of community college programs and services provided in ... County, Wyoming by the Community College located at ... Wyoming?"
Up to one (1) Mill......................................... Yes □
Up to one (1) Mill.......................................... No □
(c) The county clerk shall immediately give notice of the results of the election to the county commissioners and if the proposed levy has been authorized by the county electors, the commissioners shall levy the tax in the manner provided by law and the same proposition shall be submitted at each second general election following approval of the levy until the proposition is defeated. If the proposition is not approved by the electors, the proposition shall not again be submitted to the county electors for at least eleven (11) months. If the proposition is defeated at any general election following initial adoption, the tax is repealed effective December 31 of that calendar year in which defeated and the levy shall not be imposed by the county commissioners for the following calendar year.
(d) In addition to subsection (c) of this section, the county treasurer shall provide notice of the election results to the board of trustees of the community college district whose service area district includes the county in which the election was conducted. Upon notification, the community college district board shall by resolution of the board:
(i) If the levy is approved by the county electors, enlarge the community college district board of trustees to include board representation for those electors of any county within its service area district approving a levy under this section. The election subdistrict shall be partitioned by the board such that the entire county of the service area district of that community college district shall constitute one (1) election subdistrict under this paragraph and shall be represented by one (1) board member in addition to the number of board members specified under W.S. 21‑18‑308(a). The election of the member of the enlarged board of trustees under this paragraph shall be held as determined by the board of county commissioners of jurisdiction, on a date which is not less than sixty (60) days following the date the service area district county mill levy proposition is approved in accordance with this section. Nominations for the additional board member shall be submitted in substantially the same manner as prescribed under W.S. 22‑22‑201 through 22‑22‑203 and the election shall otherwise be conducted as provided by law. The term of office of the board member to be elected under this subsection shall begin on the first day immediately following the election and shall be for two (2) or four (4) years as determined by the board as necessary to coincide with the expiration of terms of office as prescribed under W.S. 22‑22‑102(c). The board shall report to the appropriate county clerk the length of the term of the trustee office to be filled in the election. After the initial election, the term of the additional board member shall be for four (4) years as specified under W.S. 22‑22‑102(a);
(ii) If the proposition is defeated at any general election following initial adoption, eliminate the election subdistrict for that county within the community college service area district defeating the levy under this section and reconstitute the community college board of trustees to include membership within the boundaries of the community college district specified under W.S. 21‑18‑308(a) together with enlarged board membership for a remaining county within its service area district maintaining a levy under this section, if any. The term of office of the trustee removed from board membership that was filled prior to the date the proposition is defeated shall expire on December 31 following the year in which the levy is defeated.
(e) Any county service area district tax approved under this section is in addition to any other tax imposed by law and is in addition to any and all taxes imposed under W.S. 21‑18‑303(b), 21‑18‑304(a)(vii) and 21‑18‑311(f) by the community college district whose service area district includes the county approving the tax. The county treasurer shall distribute revenues collected under the levy authorized under this section to the treasurer of the appropriate community college district board of trustees in the same manner as revenues from the levy imposed under W.S. 21‑18‑304(a)(vii). Revenues distributed pursuant to this subsection shall be included within the district's estimated and reportable revenues for purposes of the biennial funding report of the district under W.S. 21‑18‑205(b), shall be used for the regular support and operation of programs and services provided by the community college and shall be considered by the commission in distribution of state funds under W.S. 21‑18‑205(c).".
Page 9-line 16 After "W.S." insert "21‑18‑102(a) by creating a new paragraph (xvi) and by amending and renumbering (xvi) as (xvii),".
Page 9-line 17 After "(c)(ii)" insert "and (viii)".
Page 9-line 19 Delete second "," insert "and";
Page 9-line 20 After "(xi)" insert "and 39‑13‑104(f) by creating a new paragraph (iv)".
Page 9-After line 20 Insert:
"21‑18‑102. Definitions.
(a) As used in this act:
(xvi) "Service area district" means any county within the state which is outside the boundaries of a community college district but is included within a community college district's service area district whose boundaries are designated by rule and regulation of the commission, to be serviced by a community college through specified programs and services;
(xvi)(xvii) "This act" means
W.S. 21‑18‑101 through 21‑18‑317
21‑18‑318.".
Page 10-After line 16 Insert:
"(viii) Following public hearing, review and modify or maintain community college service areas provided all counties to be annexed to a college service area are contiguous to that service area and provided that no college service area is modified solely for purposes of equalizing statewide college district and service area assessed valuations. Determinations made under this paragraph shall be subject to review in accordance with the Wyoming Administrative Procedure Act.
Page 20-After line 19 Insert:
39‑13‑104. Taxation rate.
(f) There shall be annually levied and assessed upon the taxable value of the property indicated within the limits of the political subdivision, governmental entity or special district indicated, the following taxes when applicable:
(iv) Not to exceed one (1) mill by a county within the service area district of a community college district as provided by W.S. 21‑18‑318.". MCOMIE, CHAIRMAN
HB0114HS002/ADOPTED
Page 26-line 10 Delete "(a)".
Page 27-lines 7 through 24 Delete entirely including the first standing committee amendment (HB0114HS001/A) to these lines.
Page 28-lines 1 through 13 Delete entirely including the first standing committee amendment (HB0114HS001/A) to these lines.
Page 28-line 18 After "full-time" insert "at-will".
Page 29-line 9 After "full-time" insert "at-will".
Page 29-lines 19 through 24 Delete.
Page 30-lines 1 through 23 Delete.
Page 31-line 2 After "full-time" insert "at-will".
Page 32-lines 10 through 24 Delete and renumber.
Page 33-lines 1 through 15 Delete.
Page 34-line 19 After "7" delete line through "(g)".
Renumber as necessary. BERGER, CHAIRMAN
2/4/2009 H Passed CoW
HB0114H2002/ADOPTED
Page 22-line 24 Delete "After".
Page 23-line 1 Delete entirely including the first standing committee amendment (HB0114HS001.01/AC) to this line and insert "Each president shall provide the draft plan to his district board of trustees. Each board shall review the draft plan and shall appoint a designee to report back".
Page 23-lines 6 Delete entirely including the first standing committee amendment (HB0114HS001.01/AC) to this line and insert "designees of each of the seven (7) community college boards of trustees, the commission shall forward".
Page 23-line 14 Delete "college presidents" insert "the district board designees". PATTON, TEETERS
HB0114H2001.01/ADOPTED (CORRECTED COPY)
Page 29-lines 19 through 24 Delete the second House standing committee amendment (HB0114HS002/A) to these lines.
Page 30-lines 1 through 23 Delete the second House standing committee amendment (HB0114HS002/A) to these lines.
Page 32-lines 10 through 24 Delete the second House standing committee amendment (HB0114HS002/A) to these lines.
Page 33-lines 1 through 15 Delete the second House standing committee amendment (HB0114HS002/A) to these lines.
Page 34-line 19 Delete the second House standing committee amendment (HB0114HS002/A) to this line. JORGENSEN
HB0114H2001.02/FAILED (CORRECTED COPY)
Delete the first House standing committee amendment (HB0114HS001.01/AC) entirely.
Further amend as follows:
Page 9-line 19 Delete "and (f)".
Page 19-lines 1 through 21 Delete. JORGENSEN
2/5/2009 H Passed 2nd Reading
HB0114H3001/ADOPTED
Page 13-line 15 Delete "assure" insert "adheres to the state's interests in establishing a statewide college system identified as assuring". WALLIS
2/6/2009 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Stubson, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Steward and Teeters
Ayes 58 Nays 2 Excused 0 Absent 0 Conflicts 0
2/10/2009 S Received for Introduction
2/10/2009 S Introduced and Referred to S04
2/18/2009 S04 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Coe, Decaria, Jennings, Massie and Von Flatern
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/18/2009 S Placed on General File
2/19/2009 S Rereferred to S02
2/24/2009 S02 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Massie, Nicholas, Peterson and Townsend
Nays: Senator(s) Meier
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
2/24/2009 S Placed on General File
HB0114SS001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 12 Delete "forward prioritized" insert "identify community college building needs, develop a prioritized list of community college capital construction projects and forward recommendations for community college capital construction projects to the state building commission.".
Page 2-lines 13 and 14 Delete.
Page 2-line 15 Delete through "section.".
Page 2-line 19 Delete "made" insert "based"; after "upon" insert "a formula,"; delete "in".
Page 2-line 22 After "by the" insert "community college"; after "commission" insert "to the legislature".
Page 2-line 24 After "commission" insert "to the legislature".
Page 6-line 8 Delete "building" insert "maintenance".
Page 6-line 9 Delete through "replacement".
Page 8-line 14 After "funding" insert "or commission approved documentation certifying the timely receipt of such funds".
Page 9-line 8 Delete "building and facility" insert "maintenance".
Page 9-line 9 Delete "repair and replacement".
Page 10-line 15 After "for" insert "capital construction and"; delete "building and" insert "maintenance;".
Page 10-line 16 Delete.
Page 13-line 15 Delete "adheres" insert "adhere".
Page 14-line 9 After "(B)" insert "Student".
Page 15-line 5 Delete "incentives".
Page 15-line 22 After "in" insert "the standard budget of".
Page 24-line 8 After "21‑18‑205(f)" delete through "act".
Page 25-line 11 After "shall" delete balance of line and insert "recommend in its 2011‑2012 biennial budget request submitted to the governor, an amount not less than the same level of general funds for community colleges as was appropriated by the legislature during the 2009‑2010 biennium.".
Page 25-lines 12 through 24 Delete.
Page 26-lines 1 and 2 Delete.
Page 28-line 6 After "joint" insert "appropriations and"; delete "committee" insert "committees". COE, CHAIRMAN
HB0114SS002/ADOPTED (TO ENGROSSED COPY)
Page 26-line 7 Delete "two (2)" insert "one (1)"; delete "positions" insert "administrative support position to assist in the administration of this act.".
Page 26-lines 8 through 11 Delete.
Page 26-line 12 Delete through "."; delete "two" insert "fifty thousand dollars ($50,000.00)".
Page 26-line 13 Delete through "($200,000.00)".
Page 26-line 17 Delete "positions" insert "position".
Page 27-lines 9 through 24 Delete and renumber.
Page 28-lines 1 through 12 Delete including the First Senate Standing Committee Amendment (HB0114SS001/AE) to line 6.
Page 28-line 14 Delete "(d)" insert "(c)".
Page 29-line 1 After "." delete balance of line and insert "One hundred fifty thousand dollars ($150,000.00)".
Page 29-line 2 Delete "($175,000.00)".
Page 29-line 8 Delete "(e)" insert "(d)".
Page 29-lines 23 and 24 Delete and renumber.
Page 30-lines 1 through 24 Delete.
Page 31-lines 1 through 4 Delete.
Page 31-line 6 Delete "(g)" insert "(e)".
Page 32-line 8 After "7" delete through "(g)". NICHOLAS, CHAIRMAN
2/25/2009 S Passed CoW
HB0114S2001/ADOPTED (TO ENGROSSED COPY)
Page 16-line 19 Delete "recalibrated" insert "reallocated". NICHOLAS
HB0114S2002/FAILED (TO ENGROSSED COPY)
Page 21-line 24 Before "majority" insert "two-thirds (2/3)". MEIER
2/26/2009 S Passed 2nd Reading
2/27/2009 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Burns, Coe, Cooper, Decaria, Esquibel, F., Hastert, Hunnicutt, Jennings, Larson, Martin, Massie, Meier, Nicholas, Peterson, Ross, Schiffer, Sessions, Townsend and Von Flatern
Nays: Senator(s) Bebout, Case, Dockstader, Geis, Hines, Johnson, Landen, Perkins, Scott and Vasey
Ayes 20 Nays 10 Excused 0 Absent 0 Conflicts 0
2/27/2009 H Received for Concurrence
3/2/2009 H Did Not Concur
ROLL CALL
Ayes: Representative(s) Connolly
Nays: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Childers, Cohee, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Carson and Shepperson
Ayes 1 Nays 57 Excused 2 Absent 0 Conflicts 0
3/2/2009 H Appointed JCC01 Members
Representative(s) McOmie, Patton, Quarberg
3/2/2009 S Appointed JCC01 Members
Senator(s) Coe, Bebout, Von Flatern
3/4/2009 H Adopted HB0114JC01
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
3/4/2009 S Adopted HB0114JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Burns, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Hastert, Hunnicutt, Jennings, Landen, Larson, Martin, Massie, Nicholas, Schiffer, Sessions, Townsend and Von Flatern
Nays: Senator(s) Bebout, Case, Geis, Hines, Johnson, Meier, Perkins, Peterson, Scott and Vasey
Excused: Senator(s) Ross
Ayes 19 Nays 10 Excused 1 Absent 0 Conflicts 0
HB0114JC01/AA ADOPTED
Adopt the following Senate amendments:
HB0114SS002/AE
HB0114S2001/AE
Delete the following Senate amendments:
HB0114SS001/AE
Further amend the ENGROSSED COPY as follows:
Page 2-line 12 Delete "forward prioritized" insert "identify community college building needs, develop a prioritized list of community college capital construction projects and forward recommendations for community college capital construction projects to the state building commission.".
Page 2-lines 13 and 14 Delete.
Page 2-line 15 Delete through "section.".
Page 2-line 19 Delete "made" insert "based"; after "upon" insert "a formula,"; after "forms" insert ","; delete "in".
Page 2-line 22 After "by the" insert "community college"; after "commission" insert "to the legislature".
Page 2-line 24 After "commission" insert "to the legislature".
Page 6-line 8 Delete "building" insert "maintenance".
Page 6-line 9 Delete through "replacement".
Page 8-line 14 After "funding" insert "or commission approved documentation certifying the timely receipt of such funds".
Page 9-line 8 Delete "building and facility" insert "maintenance".
Page 9-line 9 Delete "repair and replacement".
Page 10-line 15 After "for" insert "capital construction and"; delete "building and" insert "maintenance;".
Page 10-line 16 Delete.
Page 13-line 15 Delete "adheres" insert "adhere".
Page 14-line 9 After "(B)" insert "Student".
Page 15-line 5 Delete "incentives".
Page 15-line 22 After "in" insert "the standard budget request of".
Page 24-line 8 After "21‑18‑205(f)" delete through "act".
Page 25-line 11 Delete entirely and insert "shall to the extent fiscally reasonable, recommend that its budget request for total state appropriations for subsequent distribution".
Page 25-line 12 Delete "distributed"; after "college" insert "district".
Page 25-line 14 After "2012," insert "be of an amount sufficient that".
Page 25-line 17 Delete first "that" insert "each".
Page 25-line 20 Delete "that" insert "each".
MCOMIE, PATTON, QUARBERG, COE, BEBOUT, VON FLATERN
3/4/2009 Assigned Number HEA No. 0121
3/5/2009 H Speaker Signed HEA No. 0121
3/5/2009 S President Signed HEA No. 0121
3/19/2009 Governor Line Item Veto
3/19/2009 Governor Signed HEA No. 0121
Chapter No. 0211 Session Laws of Wyoming 2009.