Community colleges-statewide levy-2.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0275

HOUSE BILL

NO.
HB0099

Community colleges-statewide levy-2.

Sponsored by:
Joint Education Interim Committee

A BILL

for

AN ACT relating to
community colleges
; imposing a statewide mill levy for credit to
the
state general fund; continuously appropriating equal general fund amounts to the community college commission for the regular support and operation of community colleges; excluding
a portion of the
college district
levy
from
the
statewide levy;
designating college district service area counties and expanding district board membership to include service area county representation;
increasing board membership
and requiring election subdistricts
;
providing
for
transition and prescribing expanded board election;
and providing for effective date
s
.

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

Section

1.

W.S.
21
‑
18
‑
102(a)
by creating a new paragraph (xvi) and
by
renumbering paragraph (xvi) a
s
(xvii)
,
21
‑
18
‑
205(c) and by creating a new subsection (h),
21
‑
18
‑
302(b),
21
‑
18
‑
304(a)(vii),

21
‑
18
‑
308,
21
‑
18
‑
310(f)(ii) and (j)(iv), 21
‑
18
‑
312(r),

39
‑
13
‑
104(a)(i), (k)(i)(C) and by creating a new subsection (n) and 39
‑
13
‑
111(a) by creating a new paragraph (iv) are amended to read:

21
‑
18
‑
102.

Definitions.

(a)

As used in this act:

(xvi)

"
Community college district service area counties
"
means those counties within the state that are outside the boundaries of a community college district but are included within the service area of a community college district,
designated
as follows:

(
A
)

Central
Wyoming
college district service area comprised of
Hot Springs
and Teton counties;

(
B
)

Eastern
Wyoming
college district service area comprised of Converse, Crook, Niobrara,
Platte
and Weston counties;

(
C
)

Laramie county community college district service area comprised of
Albany

county
;

(
D
)

Northwest college district service area comprised of Big Horn and Washakie counties;

(
E
)

Northern
Wyoming

community
college district service area comprised of Campbell
and
Johnson counties;

(
F
)

Western
Wyoming
community college district service area comprised of Carbon, Lincoln, Sublette and Uinta counties.

(xvi)
(xvii)

"
This act
"
means W.S. 21
‑
18
‑
101 through 21
‑
18
‑
317.

21
‑
18
‑
205.

Appropriation and distribution of state funds; restrictions; budget authority.

(c)

S
tate funding for the assistance of community colleges shall be appropriated to the community college commission unless otherwise specified by law. Subject to the provisions of this section, funds appropriated for each biennium
under this subsection and funds appropriated under subsection (h) of this section

shall be distributed by the commission to community colleges in amounts determined by a funding allocation model adopted by rule of the commission. The commission may maintain a contingency reserve account utilizing any revenue derived under W.S. 9
‑
4
‑
601(b)(iv)(A) to be distributed as a component of the funding allocation model for specific use by the colleges for emergency repairs and preventive maintenance.

(h)

There is continuously appropriated from the general fund to the community college commission an amount equal to the amount of tax collected under W.S. 39
‑
13
‑
104(n). The amounts appropriated under this subsection shall be expended by the commission for the regular support and operation of community colleges in accordance with and in addition to appropriations available under subsection (c) of this section. The state treasurer shall make the general fund payment required by this subsection upon receipt of revenues transferred and deposited in accordance with W.S. 39
‑
13
‑
111(a)(iv).

21
‑
18
‑
302.

District board generally; quorum; organization; officers.

(b)

A majority of the community college district board members constitutes a quorum for the transaction of all business but a minimum of
three (3)

four (4)
concurring votes is required to decide any question.

21
‑
18
‑
304.

District board generally; duties.

(a)

The community college district board shall:

(vii)

At the first meeting of each fiscal year or at any appropriate time, make an estimate of the amount of funds required to be raised through a tax levy upon the property lying within the district for community college purposes, and present to the board of county commissioners of each county included within the district, a certified estimate of the tax required to raise the appropriate amount. The tax in any one (1) year shall not exceed four (4) mills on the assessed value of the district, excluding any tax approved by the board and imposed under W.S. 21
‑
18
‑
303(b) and any tax approved by the district electors and imposed under W.S. 21
‑
18
‑
311(f)
, and one (1) of the four (4) mills of this tax shall be in lieu of the

statewide tax imposed under W.S. 39
‑
13
‑
104(n)
. The tax shall be levied and collected in the same manner as other county taxes and when collected, the county treasurer shall forward the tax revenue to the treasurer of the community college district board;

21
‑
18
‑
308.

Number of board members; election; subdistricts;
representation of district service area counties;
apportionment.

(a)

Each community college district board shall consist of
seven (7)

nine (9)
members to be elected as provided by law.

(b)

T
he community college district board
may

shall
by resolution partition the community college district

into election subdistricts to provide for representation on the district board in accordance with population. Where population figures permit, monetary evaluation and geographic factors may be considered in determining subdistricts.

If the district has designated service area counties under W.S. 21
‑
18
‑
102(a)(xvi), the district board shall partition the boundaries of the territory comprising the community college district and the service area counties into election subdistricts in accordance with this subsection such that representation for the area within the boundaries of the college district shall be a simple majority of the total board membership.

(c)

T
he community college district board shall
subject to
district representation requirements imposed under
subsection (b) of this section
for those districts with designated service area counties,
and
by resolution
,
designate the number of members of the district board which shall be elected from each election subdistrict
if any,
in accordance with the population of the community college district

and
if applicable, the population of the designated
service area counties,
and the respective election subdistricts.

21
‑
18
‑
310.

Annexation of additional counties into district; annexation election.

(f)

If the annexation is approved by the voters of the county to be annexed:

(ii)

The community college district board shall
pursuant to W.S. 21
‑
18
‑
308,
immediately and by resolution partition the enlarged district into election subdistricts to provide for board representation based upon population and shall designate the number of board members to be elected from each subdistrict in accordance with the population of the enlarged district and the respective election subdistricts. In accordance with W.S. 21
‑
18
‑
308(a), the board of the enlarged district shall be comprised of not more than
seven (7
)
nine (9)
members;

(j)

If a proposition for continuing annexation under subsection (h) of this section is not approved, the county for which continued annexation is not approved shall be eliminated from the established community college district and:

(iv)

An election of members of the board of trustees of the reduced district shall be held as determined by the board of county commissioners, on a date which is not less than sixty (60) days following the date continued annexation is defeated. The board of the reduced district shall be comprised of not more than
seven (7)

nine (9)
me
m
bers and the election shall be held in accordance with law. Terms of office of board members filled prior to the date continued annexation is defeated shall expire at 12:00 noon of the first day immediately following the election of board members of the reduced district. The initial terms of o
f
fice of trustees to be elected shall begin on the first day immediately following the election and shall be staggered in the manner prescribed under subsection (f) of this section.

21
‑
18
‑
312.

Formation of districts.

(r)

If the election for establishment carries, the community college commission shall notify by registered mail the
seven (7)

nine (9)
candidates who receive the highest number of votes in the entire election.

39
‑
13
‑
104.

Taxation rate.

(a)

Authorized mill levies. There shall be annually levied and assessed upon the taxable value of property within
Wyoming
the following state taxes when applicable:

(i)

Not to exceed four (4) mills as certified by the board
, one (1) of which shall be imposed in accordance with subsection (n) of this section,
to be credited to the state general fund;

(k)

The following shall apply to the certification of tax levies:

(i)

All governmental entities in
Wyoming
having the power to levy or require the levy of ad valorem taxes shall annually notify the board of county commissioners of the county or counties in which the entity is located, of the amount of tax to be collected against the taxable property of the district, as follows:

(C)

On or before the first Monday in August by the board for state purposes as provided by W.S. 9
‑
4
‑
302, 21
‑
13
‑
303
, subsection (n) of this section
and this act.

(n)

As authorized under paragraph (a)(i) of this section and except as otherwise provided in this subsection, there shall be assessed and levied each year a state tax of one (1) mill on the dollar of the assessed valuation of the property within the state as certified on August 10 under the provisions of subparagraph (k)(i)(C) of this section, to be credited to the state general fund. In those areas of the state within a community college district subject to a mill levy imposed under W.S. 21
‑
18
‑
304(a)(vii)
,
one (1) of the imposed four (4) mills levied
shall be subtracted from the tax assessed and levied under this subsection for that year. Except as otherwise specified in this subsection, the tax authorized in this subsection shall be in addition to any and all other taxes authorized by law.

39
‑
13
‑
111.

Distribution.

(a)

The following shall apply to the distribution of tax collections:

(iv)

The county treasurer shall transfer any money collected from the tax imposed by W.S. 39
‑
13
‑
104(n) to the state treasurer for deposit into the state general fund.

Section
2
.

(a)

Not later than thirty (30) days following the effective date of this act
, the board of trustees of each community college district shall by resolution partition the territory of the district into election subdistricts for representation on
the expanded n
ine (9) member board
,
as increased under W.S. 21
‑
18
‑
308(a), as amended under Section
1
of this act. Election subdistricts shall be established based upon population and other factors specified under W.S. 21
‑
18
‑
308(b), as amended under Section 1 of this act. I
f the community college district is
assigned
service area counties under W.S. 21
‑
18
‑
102(a)(xvi), as amended under Section 1 of this act, t
he community college district board shall
combine

the
territory of
the
district and its designated service area counties into election subdistricts
and the
board shall designate the number of board members to be elected from each subdistrict in accordance with the population of the
combined territory of the district and its service area counties, subject to the
simple majority
district representation requirement imposed under W.S. 21
‑
18
‑
308(b), as amended by Section 1 of this act.

(
b
)

An elect
ion of members to
the
expanded
board of trustees of
a community college
district
pursuant to subsection (a) of this section
s
hall be held
at the
2008
general
election date
specified under W.S. 22
‑
2
‑
104(a)
.
Nomin
a
tions to the
expanded
board
of trustees
shall be submi
t
ted on forms provided by the county clerk of the county comprising the appropriate election subdistrict and the election shall be otherwise conducted as provided by law. Terms of office of board members filled prior to the effective date of this act shall expire upon commencement of the certification of the election of
members to the expanded
board. Initial terms of trustees to be elected to the
expanded
board shall begin upon certification of the election results and shall be for not less than two (2) or not less than four (4) years as determined by the board as necessary to coincide with the terms of office prescribed under W.S. 22
‑
22
‑
102. Not more than
five
(
5
) initial members shall be elected for terms of not less than four (4) years and the board shall designate and report to the appropriate county clerk the length of term for each trustee office to be filled in the election. Thereafter, all terms shall be for four (4) years in accordance with W.S. 22
‑
22
‑
102.

Section
3
.

(a)

Except as provided by subsection (b) of this section, this act is effective
July 1, 2008.

(b)

Notwithstanding subsection (a) of this section,
W.S. 21
‑
18
‑
205(c) and (h), 21
‑
18
‑
304(a)(vii), 39
‑
13
‑
104(a)(i), (k)(i)(C) and (n) and 39
‑
13
‑
111(a)(iv), as amended in Section 1 of this act, are effective January 1, 2009.

(END)

1
HB0099