SF0054 • 2008

School finance-rebated recapture.

AN ACT relating to school finance; repealing statutory provisions pertaining to maximum recapture in conformance with constitutional provisions; specifying legislative intent and application; imposing district budget and reporting requirements; and providing for an effective date.

Budget Education Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Mgt Council
Last action: 2008-03-12
Official status: enrolled
Effective date: 3/12/2008

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0054SW001

Committee of the Whole • COE

Adopted

Plain English: Adopted Committee of the Whole by COE

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2008-03-12 LSO
Assigned Chapter Number - 94
2008-03-12 Governor
Governor Signed SEA0036
2008-03-06 House
H Speaker Signed SEA No. 0036
2008-03-05 Senate
S President Signed SEA No. 0036
2008-03-05 LSO
Assigned Number SEA0036
2008-03-05 House
H Passed 3rd Reading
2008-03-04 House
H Passed 2nd Reading
2008-03-03 House
H Passed CoW
2008-02-29 House
H Placed on General File
2008-02-29 House
H04 Recommended Do Pass
2008-02-26 House
H Introduced and Referred to H04
2008-02-26 House
H Received for Introduction
2008-02-25 Senate
S Passed 3rd Reading
2008-02-22 Senate
S Passed 2nd Reading
2008-02-21 Senate
S Passed CoW
2008-02-21 Senate
S Amendments Adopted
2008-02-21 Senate
Amendment Adopted
2008-02-13 Senate
S Placed on General File
2008-02-13 Senate
S04 Recommended Do Pass
2008-02-11 Senate
S Introduced and Referred to S04
2008-02-11 Senate
S Received for Introduction
2008-02-01 LSO
Bill Number Assigned

Official Summary Text

2008 General Session Summary for SF0054

Bill No.:

SF0054
Drafter:

DRN

LSO No.:
08LSO-0073
Effective Date:

Enrolled Act No.:
SEA0036

Chapter No.:

Prime Sponsor:
Management Council

Catch Title:
School finance-rebated recapture.

Subject:

The legislation was prepared to
address implementation of 2006 Constitutional Amendment "B", which
dealt with the elimination of "rebated recapture". Rebated recapture
was a feature of school finance which "rebated" revenues
"recaptured" from school districts in excess of a specified
threshold. Rebated recapture amounts subsequent to adoption of the 2006
Constitutional amendment are currently being litigated.

Summary/Major Elements:

Conforms existing statutory provisions to reflect
the voter approved constitutional amendment (approved in the November 2006
general election);

Expresses continuing legislative intent that the
amendment of November 2006 is the supreme law of the state on this issue
and supersedes any pre-existing statutory language to the contrary;

Expresses continuing legislative intent that the
amendment of November, 2006 ended the practice of rebated recapture on the
effective date of the amendment (as certified on 11/15/06);

Requires the districts to thoroughly account to
the Department of Education for all rebated recapture funds they have used
in their own budgeting processes for school years 2006/2007 and 2007/2008;

Districts are not required to "repay"
to the state the amounts of rebated recapture funds they have used in
their own budgeting processes. Those funds are the subject of ongoing
litigation. Rather, the bill establishes a process whereby the amounts of
rebated recapture funds within their budget are reported to the Department
of Education, for subsequent referral to the Joint Appropriations
Committee and the Joint Education Committee;

"Closes the window" on the issue
subject to litigation (effective for the next school budgeting cycle commencing
summer 2008) that statutory authority and a school district's obligation
to budget in June and July supersedes the repeal of rebated recapture;

Maintains the position the State of Wyoming has taken in the ongoing litigation that the Constitutional amendment was
self-executing.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0054

ENROLLED ACT NO. 36, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to
school finance; repealing statutory provisions pertaining to maximum recapture in conformance with constitutional provisions; specifying legislative intent and application;

imposing district budget and reporting requirements;
and providing for an effective date.

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

Section 1.

W.S. 21
‑
13
‑
313(g) is amended to read:

21
‑
13
‑
313.

Distribution of funds from foundation account; property tax and cash reserve adjustment; regulations.

(g)

In addition to subsections (b) and (c) of this section, the state superintendent shall for any district subject to W.S. 21
‑
13
‑
102(b) as determined by the department for any school year, provide payments from the school foundation program account in an amount equal to one-third (1/3) of the foundation program amount computed for that district for that school year in accordance with W.S. 21
‑
13
‑
309. The computed amount shall be paid to each eligible district on August 15 based upon tentative computations under W.S. 21
‑
13
‑
309, for which the department may use fiscal information available from foundation program computations for the previous school year in the manner provided under subsection (b) of this section.
The amount computed under this subsection shall be reduced by any recapture revenues of a district which exceed limitations imposed under W.S. 21
‑
13
‑
102(c), as established by the department for that district for the prior school year.
Any district receiving a payment under this subsection shall repay the foundation program account fifty percent (50%) of the amount received on or before January 31 of the school year in which received, and shall repay the remaining fifty percent (50%) by June 15 of that school year.

Section 2.

W.S. 21
‑
13
‑
102(c) and 2006 Wyoming Session Laws, Chapter 37, Section 6(b) are repealed.

Section 3.

(a)

By adopting this act, the
legislature
clarifies application of the 2006 amendment to Article 15, Section 17 of the Wyoming Constitution, as adopted by the Wyoming electorate, certified by the state canvassing board and proclaimed adopted by the governor
in accordance with
W.S. 22
‑
20
‑
108. It
i
s the understanding
and intent
of the legislature that at the time the 2006 amendment to Wyoming Constitution,
Article 15, Section 17
was certified and proclaimed adopted,
W.S. 21
‑
13
‑
102(c), 2006 Wyoming Session Laws, Chapter 37, Section 6(b) and the provision within W.S. 21
‑
13
‑
313(g) repealed by section 1 of this act were all superseded and effectively repealed by such adoption.

(b)

By
adopting this act, the legislature
further
intends to clarify that se
ctions 1 and 2 of this act
apply
to
school district revenues for school year
2006-2007 and
each
school year
thereafter
. Revenues which would have been subject to W.S. 21
‑
13
‑
102(c) but for adoption of the amendment to Article 15, Section 17 of the Wyoming Constitution as
specified under subsection (a) of this section are
not
and were not available for school district budgeting and were not
subject to
provisions
under W.S. 16
‑
4
‑
10
1 through
16
‑
4
‑
1
24 and 21
‑
3
‑
110(a)(vi)
pertaining to school district
budget
ing
procedures
.

Each s
chool district
which in any manner used such revenues for budgeting purposes
shall accordingly
file with the department of education
for school years 2006-2007 and 2007-2008
a
report
detailing such revenues and any associated expenses.
Report
s
require
d
under this subsection shall be filed with the department not later than June 15, 2008, and on or before July 1, 2008, the department shall compile reports and submit
the compilation
to members of the joint appropriations
interim
committee and the joint education interim committee.

Section
4
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(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