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SF0046 • 2009

School district facility lease fees-limitations.

AN ACT relating to school buildings; clarifying application of required maintenance fees imposed by districts for leased facilities; and providing for an effective date.

Education
Enacted

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

Sponsor
Cap Con
Last action
2009-02-24
Official status
enrolled
Effective date
2/24/2009

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.

SF0046HS001

Standing Committee • H04

Adopted

Plain English: Adopted Standing Committee by H04

  • 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

  1. 2009-02-24 LSO

    Assigned Chapter Number - 23

  2. 2009-02-24 Governor

    Governor Signed SEA No. 0019

  3. 2009-02-20 House

    H Speaker Signed SEA No. 0019

  4. 2009-02-20 Senate

    S President Signed SEA No. 0019

  5. 2009-02-19 Senate

    S Did Concur

  6. 2009-02-19 LSO

    Assigned Number SEA0019

  7. 2009-02-19 Senate

    S Received for Concurrence

  8. 2009-02-19 House

    H Passed 3rd Reading

  9. 2009-02-18 House

    H Passed 2nd Reading

  10. 2009-02-17 House

    H Passed CoW

  11. 2009-02-17 House

    H Amendments Adopted

  12. 2009-02-17 House

    Amendment Adopted

  13. 2009-02-12 House

    H Placed on General File

  14. 2009-02-12 House

    H04 Recommended Amend and Do Pass

  15. 2009-02-03 House

    H Introduced and Referred to H04

  16. 2009-01-20 House

    H Received for Introduction

  17. 2009-01-20 Senate

    S Passed 3rd Reading

  18. 2009-01-19 Senate

    S Passed 2nd Reading

  19. 2009-01-16 Senate

    S Passed CoW

  20. 2009-01-14 Senate

    S Placed on General File

  21. 2009-01-14 Senate

    S04 Recommended Do Pass

  22. 2009-01-13 Senate

    S Introduced and Referred to S04

  23. 2009-01-13 Senate

    S Received for Introduction

  24. 2008-12-23 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

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).

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0046

ENROLLED ACT NO. 19, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
school buildings;

clarifying application of required maintenance fees imposed by districts for leased facilities;
and providing for an effective date.

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

Section 1.

W.S. 21
‑
3
‑
110(a)(x)
(intro)
is amended to read:

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(x)

Subject to review by the school facilities commission under W.S. 21
‑
15
‑
115 for any project involving state capital construction assistance, fix the site of each school building and facility considering the needs of the people of each portion of the district. If the district enters into an agreement to lease buildings and facilities owned by the district and the buildings and facilities are included within the statewide database maintained by the school facilities commission under W.S. 21
‑
15
‑
114(a)(vi), the district shall, except as provided under W.S.
21
‑
15
‑
109(c)(i)(B)

21
‑
15
‑
109(c)(i)(A)
(II) and (III)
and (B)
, ensure the lease agreement requires sufficient payment from the lessee to cover expenses necessary to adequately maintain the facility or building in accordance with statewide adequacy standards prescribed by the commission.
Except as provided under W.S. 21
‑
15
‑
109(c)(i)(B),
I
f the district enters into an agreement to lease buildings and facilities under which the district is the lessee and the building is to be used for the provision of the required educational program within the district, the lease agreement shall require the lessor to adequately maintain the buildings and facilities in accordance with standards prescribed by the commission. If approved by the commission, the district shall be reimbursed for the lease payment if the square footage of the leased facility is not included within the district's total square footage for purposes of major maintenance computations under W.S. 21
‑
15
‑
109, subject to the following:

Section

2.

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

1