Bill No.: SF0046                  Drafter:  DRN

LSO No.:  09LSO-0389              Effective Date:  2/24/2009

Enrolled Act No.:  SEA0019

Chapter No.:       23

Prime Sponsor:     Select Committee on School Facilities

Catch Title:       School district facility lease fees-limitations.

Subject:  Leasing of school building square footage deemed closed and nonoperational under law.

Summary/Major Elements:

· W.S. 21‑15‑109 allows school districts to lease district facility space otherwise deemed closed under law to specified programs enumerated by law;

· If a district leases closed facility space to such programs, the district may add the leased space to square footage included within the district's major maintenance computations;

· Further, if a district imposes lease fees or payments upon programs to which space is leased, the amounts collected must be reported as a local resource in determining foundation program amounts under W.S. 21‑13‑310;

· Under W.S. 21‑3‑110(a)(x), a district leasing district facility space must impose a lease payment sufficient to cover facility maintenance;

· This law amends W.S. 21‑3‑110(a)(x) to exempt the required lease payment for closed facility space leased to certain programs enumerated under W.S. 21‑15‑109(c)(i)(A)(II) and (III), developmental preschool programs and educational programs and services provided through a BOCES;

· This exemption is equivalent to the exemption provided for district facilities leased to nonprofit or governmental agencies approved by the department of education, department of health or other state or educational credentialing agency under W.S. 21‑15‑109(c)(i)(B).