Community colleges-statewide levy.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0164

HOUSE BILL
NO.
HB0131

Community colleges-statewide levy.

Sponsored by:
Representative(s) Jorgensen, Cohee, Hales, Illoway and Teeters

A BILL

for

AN ACT relating to community college
s;

enumerating territory comprising districts commensurate with existing college service areas;
imposing a statewide mill levy for credit to
the
state general fund
and eliminating the mandatory district four mill levy
; continuously appropriating equal general fund amounts to the community college commission for the regular support and operation of community colleges;
accordingly modifying community college commission membership; eliminating district annexation and formation provisions and requiring district election subdistricts;
providing for equitable allocation of assets and debt of existing
districts; prescribing transition and timelines for enlarged board and accordingly specifying taxing authority; prescribing transition for commission membership;
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)(viii), 21
‑
18
‑
205
(c
) and by creating a new
subsection
(
h
), 21
‑
18
‑
301,
21
‑
18
‑
303(b), 21
‑
18
‑
304(a)(x)
, 21
‑
18
‑
308(b)
,
21
‑
18
‑
309
, 21
‑
18
‑
311(b), (c), (f) and (h), 39
‑
13
‑
104(a)(i),
(e)(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:

(viii)

"Community college district" means a body corporate established by
statute

W.S. 21
‑
18
‑
301
as a
special district political

subdivision of
a county or counties that establishes or maintains

the state to maintain
a community college

within the college system
;

21
‑
18
‑
205.

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

(c)

State 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. Funding allocation model components for fixed and variable costs shall be defined by and computed in accordance with guidelines and procedures prescribed by rule and regulation of the commission, applied to the distribution of state appropriations for each biennial budget period and reallocated at a schedule specified by rule and regulation of the commission, but in no event less than once every four (4) years. 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
other
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
‑
301.

Community college district to be body corporate; name; districts enumerated.

(a)

Each community college district which is formed under this act is a body corporate by the name and style of ".... Community College District, State of
Wyoming
", the blank space to contain the
chosen
name of the district

specified under subsection (b) of this section
, and in that name the district may hold property and be a party to suits and contracts.

(b)

The state shall be divided into community college districts identified as follows:

(i)

Casper
college district comprised of Natrona county;

(ii)

Central
Wyoming
college district comprised of
Fremont
,
Hot Springs
and Teton counties;

(iii)

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

(iv)

Laramie
county community college district comprised of
Albany
and
Laramie
counties;

(v)

Northwest college district comprised of Big Horn, Park and Washakie counties;

(vi)

Sheridan
college district comprised of Campbell, Johnson and Sheridan counties;

(vii)

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

21
‑
18
‑
303.

District board generally; powers; board approved additional mill levy.

(b)

In addition to
the levy imposed under W.S. 21
‑
18
‑
304(a)(vii) and
any levy imposed under W.S. 21
‑
18
‑
311(f), the community college district board may approve
a levy of

up to one (1)
additional

mill

levy

on the assessed value of the district for a period not to exceed two (2) years for the regular support and operation of the college. A determination by the board shall be made at a regular or special meeting following a public hearing announced by the board. Notice of intent to levy all or a portion of
the
additional
one (1) mill shall be published in a newspaper of general circulation within the district at least thirty (30) days before the hearing date. Upon approval, the board shall report the
additional
levy to the board of county commissioners of each county within the district
.

in the same manner the necessary levy under W.S. 21
‑
18
‑
304(a)(vii) is reported.

Any tax imposed under this subsection may be renewed by the board for additional two (2) year periods subject to public hearing requirements specified under this section and shall be levied, collected and distributed separate from
the tax imposed under W.S. 21
‑
18
‑
304(a)(vii)
and
any additional levy imposed under W.S. 21
‑
18
‑
311(f)
and the statewide levy imposed under W.S. 39
‑
13
‑
104(n)
. Revenues collected under this subsection shall

be forwarded to the treasurer of the community college district board and shall
not be restricted by the commission in any manner but shall be identified in the biennial funding report of the college under W.S. 21
‑
18
‑
205(b).

21
‑
18
‑
304.

District board generally; duties.

(a)

The community college district board shall:

(x)

Conduct elections held by the community college district for election of board members, the issuance of bonds, the
questions

question
of
any

mill
levies
and annexations

levy
imposed under W.S. 21
‑
18
‑
311(f)

and any other community college election appropriately within the jurisdiction of the district board, all in accordance with the election procedures set forth in this act
;

21
‑
18
‑
308.

Number of board members; election; subdistricts.

(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
such that the total deviation in the population between the greatest and least population shall not, to the extent practicable, exceed ten percent (10%)
. Where population figures permit, monetary evaluation and geographic factors may be considered in determining subdistricts.

21
‑
18
‑
309.

F
iscal year.

The first regular election of a community college board following creation of a community college district shall not be held until the May election date authorized under W.S. 22
‑
21
‑
103 of the first fiscal year in which a special mill tax is levied and assessed against the taxable property of the district for the uses and purposes of the district.
The fiscal year of each community college district shall begin on July 1 of each year and shall end on June 30 of the following year.

21
‑
18
‑
311.

A
dditional
mill
levy in excess of
the statewide
levy
; distribution of additional levy revenues.

(b)

Whenever a community college district board resolves to submit the question of
increasing the existing

assessing a
tax levy to the electors of the district

pursuant to
subsection (f) of
this section
, the board shall give notice.

(c)

An election for
increasing
the tax levy

authorized under subsection (f) of this section
shall be held on a date authorized under W.S. 22
‑
21
‑
103 and otherwise conducted in all respects the same as a board election.

(f)

If the qualified electors of any community college district have previously approved a tax levy of four (4) mills for the regular support and operation of a community college,
In addition to the statewide mill levy imposed under W.S. 39
‑
13
‑
104(n), t
he community college district board may submit to the electors of the district a proposition calling for
an additional

a
mill
levy of not to exceed five (5) mills on the assessed value of the district for community college purposes.
For elections held pursuant to this subsection on or after April 1, 2007,
T
he additional mills may be used for the regular support and operation and for the capital outlay needs of a community college as provided under subsection (h) of this section. The proposition shall be submitted at an election held on a date authorized under W.S. 22
‑
21
‑
103. Subsections (b) and (c) of this section apply to any election held under this subsection. At the election, the ballot shall contain the words "for the
additional

.... mill levy (not to exceed five (5) mills) of the .... Community College District" and "against the
additional

.... mill levy (not to exceed five (5) mills) of the .... Community College District". Following the election, each county clerk of the counties involved shall immediately give notice of the election result to the county commissioners and:

(i)

If the
additional
levy is approved by the district electors, each involved board of county commissioners shall levy the
additional
tax and the same proposition shall be submitted at each second general election following approval of the
additional
levy until the proposition is defeated. The tax shall be levied and collected separate from
the
four (4)

statewide
mill levy imposed under W.S.
21
‑
18
‑
304(a)(vii),

39
‑
13
‑
104(n)
and a
ny levy imposed under W.S. 21
‑
18
‑
303(b)
;
, and for elections held pursuant to this subsection before April 1, 2007, shall be distributed in accordance with subsection (g) of this section;

(ii)

If the
additional
levy is defeated, the proposition shall not again be submitted to the district electors for at least eleven (11) months. If the proposition is defeated at any general election follo
w
ing initial adoption of the
additional
levy, the
additional
tax is repealed effective December 31 of that calendar year in which defeated and the levy imposed by the county commi
s
sioners for the following calendar year shall not exceed
the

any
levy authorized under W.S. 21
‑
18
‑
303(b)
.
and 21
‑
18
‑
304(a)(vii).

(h)

The county treasurer shall distribute revenues collected under any
additional
levy authorized under subsection (f) of this section

at an election held on or after April 1, 2007,

to the treasurer of the appropriate community college district board of trustees
.

in the same manner as revenues from the levy imposed under W.S. 21
‑
18
‑
304(a)(vii).

Revenues distributed pursuant to this subsection shall be included within the district's estimated and reportable revenues for purposes of the biennial funding report of the district under W.S. 21
‑
18
‑
205(b) but shall not be restricted by the commission in any manner. The revenues may be used for the regular support and operation of a community college and subject to approval of the commission and legislature pursuant to W.S. 21
‑
18
‑
205(g), for purposes of capital outlay for district capital facility repair, maintenance, construction and renovation needs.

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;

(e)

There shall be annually levied and assessed upon the taxable value of property within the limits of the following special districts the following special district taxes when applicable:

(i)

Not to exceed
ten (10)

six (6)
mills by a community college district as provided by W.S.
21
‑
18
‑
304(a)(vii)

21
‑
18
‑
303(b)
and 21
‑
18
‑
311(f) plus the number of mills necessary for the payment of the community college district debt plus interest thereon not to exceed the limitations prescribed by W.S. 21
‑
18
‑
314(a);

(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, 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
.

T
he 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.

W.S. 21
‑
18
‑
103, 21
‑
18
‑
201(b)(ii), 21
‑
18
‑
202
(b)(iv)
,
(vi), (c)(viii) and
(d)(
i
ii),
21
‑
18
‑
205(a)(ii),

21
‑
18
‑
304(a)(vii),
21
‑
18
‑
308(c),
21
‑
18
‑
310
, 21
‑
18
‑
311(a), (d), (e) and (g)
,
21
‑
18
‑
312
and 39
‑
11
‑
104(h)
are repealed.

Section 3.

(a)

In accordance with section 2 of this act,
any
community college district tax levy imposed under W.S. 21
‑
18
‑
304(a)(vii)
or 39
‑
11
‑
104(h)(i)
prior to January 1, 2011, shall be repealed and shall not be levied
effective
upon imposition of the statewide levy authorized under W.S. 39
‑
13
‑
104(n).

(b)

Any optional levy
under W.S. 21
‑
18
‑
303(b)

imposed
by a community college district board elected prior to January 1, 2011, shall be repealed and not be levied on the assessed valuation of a district enlarged
pursuant
to
this act subsequent to the 2010 tax year. Any
revenue collected subsequent to January 1, 2011 from an optional mill levied prior to January 1, 2011 shall be considered an asset of the enlarged district and shall be allocated by the enlarged board
pursuant
to section 4
(a)
of this act.

Section
4
.

(a)

On and after January 1, 2011, t
he board of trustees
elected to the
community college district enlarged
in accordance with W.S. 21
‑
18
‑
301, as amended
under
section 1 of
this act
,
s
hall
allocate equitably the assets and debts of the community college district existing prior to
January 1, 2011
. The equitable allocation shall be according to benefits received by the additional areas of the enlarged district not a part of the original district from the additional assets brought into the enlarged district.

(b)

Not later than
sixty (6
0) days following the effective date of this
section
, t
he community college district board existing prior to the effective date of this
section
shall by resolution partition the district
as enlarged under W.S. 21
‑
18
‑
301, as amended under section 1 of this act,
into election subdistricts to provide for board representation based upon population. The board shall designate the number of
election subdistricts
such that the total deviation in the population between the areas with the greatest and least population shall not, to the extent practicable, exceed ten percent (10%). In accordance with W.S. 21
‑
18
‑
308(a), the board of the enlarged district shall be comprised of not more than seven (7) members.
Apportionment under this subsection shall be completed in sufficient time to enable an election of the board representing the enlarged district
at the November 2010 general election.

(c)

An election of members of the board of trustees of a community college district
enlarged pursuant to W.S. 21
‑
18
‑
301, as amended under section 1 of this act,
shall be held
at the November 2010 general election.
Nomin
a
tions to the board of the enlarged district 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
section
shall expire upon commencement of the certification of the election of board members of the enlarged district. Initial terms of trustees to be elected to the enlarged community college district 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
existing
board as necessary to coincide with the terms of office prescribed under W.S. 22
‑
22
‑
102. Not more than four (4) initial members shall be elected for terms of not less than four (4) years and the
existing
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.

(d)

Upon certification of the results of an election held under subsection (c) of this section,
t
he board
of a district enlarged pursuant to W.S. 21
‑
18
‑
301, as amended under section 1 of this act,
may approve the
levy authorized under W.S. 21
‑
18
‑
303(b) for the
201
1
tax year within
the enlarged
district, subject to notice and hearing requirements, time limitations and expenditure and reporting requirements imposed by law. The district board shall report to each board of county commissioners, as applicable,
the
optional mill for those counties within the enlarged district
.
Each board of
county commissioners shall levy the district mill tax determined under this subsection in the manner provided by law for the 20
1
1
tax year.

(e)

Any mills levied under W.S. 21
‑
18
‑
311(f) by a community college district prior to
January 1, 2011
shall not be levied within any county added to the enlarged district under
W.S. 21
‑
18
‑
301, as amended by section 1 of
this act
,
until the question has been submitted to and approved by the electors of the additional counties within the enlarged district in accordance with W.S. 21
‑
18
‑
311(f).

Section 5.

Notwithstanding W.S. 21
‑
18
‑
201(b), as amended by the repeal of W.S. 21
‑
18
‑
201(b)(ii) under section 2 of this act, terms of office of Wyoming community college commission members appointed under W.S. 21
‑
18
‑
201 prior to the effective date of this section and for which the term of office expires after January 1, 2011 shall not be effected by this act and shall expire in accordance with the term for which originally appointed. Appointments to vacated or expired commission terms on and after the effective date of this section shall be in accordance with W.S. 21
‑
18
‑
201(b), as amended by the repeal of W.S. 21
‑
18
‑
201(b)(ii) under section 2 of this act.

Section
6
.

(a)

Except as provided in subsection (b) of this section, this act is effective January 1, 2011.

(b)

Notwithstanding subsection (a) of this section, sections
3
,
4
and 5
of t
his act
are
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)

1
HB0131