School facilities-surplus buildings.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0014

ENROLLED ACT NO. 41, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to school facilities; providing major maintenance payments for school buildings which would otherwise be closed or deemed surplus but for specified uses; exempting such use from capacity limits; imposing limitation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 21
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109(c)(i)(A), (ii)(C), (iii)(intro) and (iv) is amended to read:

21
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109.

Major building and facility repair and replacement payments; computation; square footage allowance; use of payment funds; accounting and reporting requirements.

(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:

(A)

The gross square footage of any school building or facility within the district which is not used for purposes of delivering the required educational program shall not be included within the district's total gross square footage computed under this section
,
;

except for the square footage of any district school building or facility which would otherwise be treated as a closed building under paragraph (c)(iv) of this section or is determined to be surplus, and following approval of the commission, the building or facility is being used for the provision of
one (1) of the programs specified in subdivisions (I) through (III) of this subparagraph and the district complies with subdivisions (IV) through (VI) of this subparagraph:

(I)

C
hild care programs certified to operate in Wyoming under W.S. 14
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4
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101 through 14
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4
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111; or

(II)

Developmental preschool programs receiving state financial assistance for program operations; or

(III)

Educational programs and services provided through a board of cooperative educational services under W.S. 21
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20
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101 through 21
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20
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111 in which the district is a participant in the cooperative agreement; and

(IV)

The district incorporates this use of closed or surplus buildings into its facility plans required under W.S. 21
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116; and

(V)

The district reports any fees or payments received or collected for this use of closed or surplus buildings as a local resource for purposes of foundation program computations under W.S. 21
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310(a)(xv); and

(VI)

The district limits the lease agreement for the use of the closed or surplus building to not more than one (1) year subject to termination by the district at any time prior to expiration of the one (1) year period if necessary for provision of district educational programs.

(ii)

Of the total gross square feet for all school buildings and facilities computed under paragraph (c)(i) of this section, determine the total gross square feet for each of the following building categories:

(C)

Educational buildings, including
buildings used for the provision of certified child care, developmental preschool or cooperative education programs pursuant to subparagraph (c)(i)(A) of this section, and including
portable buildings provided portable buildings do not exceed more than ten percent (10%) of the total gross square feet computed for all school buildings and facilities under paragraph (c)(i) of this section, and excluding teacherages;

(iii)

The total amount of gross square footage determined for educational buildings under subparagraph (c)(ii)(C) of this section shall be adjusted by excluding from computations under this section the square footage for those educational buildings closed and not operational as provided for under paragraph (c)(iv) of this section and any amount including the gross square footage of portable buildings
but excluding the gross square footage of buildings used for the provision of certified child care, developmental preschool and cooperative education programs pursuant to subparagraph (c)(i)(A) of this section
, which exceeds capacity levels specified by this paragraph which are above the statewide minimum gross square footage criteria as prescribed by the statewide building and facility adequacy standards promulgated under W.S. 21
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115(a). For purposes of this section, per student gross square footage criteria prescribed by the statewide building adequacy standards shall be based upon an average daily membership (ADM) computed as defined under W.S. 21
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101(a)(i) for the prior school year. For purposes of computations under this section, the allowable capacity in educational building gross square footage for each district including portable buildings
but excluding buildings used for the provision of certified child care, developmental preschool and cooperative education programs pursuant to subparagraph (c)(i)(A) of this section
, shall be as follows:

(iv)

The square footage of any district building or facility which is closed and not operational, is not being replaced under a district's facility plan approved by the commission under W.S. 21
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116, is not determined surplus by the commission and is specified as a closed building within the district's facility plan as a cost efficient means to address future district building needs, shall be segregated from the square footage of other district buildings and facilities and multiplied by the replacement value determined by the commission under paragraph (c)(v) of this section for the appropriate building category. The resulting amount shall then be multiplied by an exterior closure factor established by the commission based upon the most current edition of the Whitestone Building Maintenance and Repair Cost Reference Index and added to the total amount determined for the district under paragraph (c)(viii) of this section. This paragraph shall not apply to any school year during which the building or facility is reopened and becomes operational for purposes of delivering the required educational program within the district
or to any school year during which the building or facility is used to provide certified child care, developmental preschool or cooperative education programs pursuant to subparagraph (c)(i)(A) of this section
;

Section 2.

In approving district square footage of closed or surplus buildings leased to child care programs, developmental preschool programs, and programs and services provided by boards of cooperative education services pursuant to W.S. 21
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109(c)(i)(A), as amended by section 1 of this act, the commission shall limit total amounts payable from the capital construction account for this purpose during school year 2007-2008 to two hundred thousand dollars ($200,000.00). The commission shall make a pro rata reduction to district payments under W.S. 21
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109 if for school year 2007-2008, amounts computed solely under application of section 1 of this act exceed the maximum prescribed by this section.

Section 3.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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