School capital construction-charter school leases.

ORIGINAL
Senate
File No
.
SF0081

ENROLLED ACT NO. 33,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to school capital construction; clarifying payment for charter school leases as specified; specifying a maximum payment for facilities leased by charter schools; clarifying exclusion of leased facilities for major maintenance payments as specified; 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)
,
by creating a new
subparagraph (B) and
by amending and
renumbering
(B) as (C) and 21
‑
15
‑
109(c)(i)(B) are
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 department 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 department under W.S. 21
‑
15
‑
123(f)(iv), the district shall, except as provided under W.S. 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. If the district
or a charter school
operating pursuant to a contract with
the district
enters into an agreement to lease buildings and
facilities under which the district
or the charter school
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. The district shall be reimbursed for the lease payment

of the district or the charter school
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:

(B)

Any payment made by the dep
artment pursuant to this paragraph
for
a leased
building or
facility
shall not exceed
the
average cost
per square foot
to lease

buildings or
facilities
comparable to those appropriate for public K-12 education
multiplied by the
total square feet
leased by the district or charter school

necessary to deliver
the required educational program
.
The average cost per square foot
for comparable
buildings or
facilities
shall be as determined by the department and
shall be
comparable
in location and type to the
building or
facility
leased by the d
istrict
or charter school.

(B)
(C)

If the lease payment is for facilities leased to the district

or a charter school
by a state institution which meets state adequacy standards prescribed by rule and regulation of the commission, the amount of the lease reimbursement paid by the school facilities department shall not include the amount received by the institution from the state for major building and facility repair and replacement costs attributable to the facility, as computed by the construction management
program within the general services division of the department of administration and information.

21
‑
15
‑
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
department 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:

(B)

The gross square footage of any school building or facility leased by a district
,
including but not limited to the gross square footage of any school building or facility
leased by a charter school
operating pursuant to
W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314,
shall not be included within the district's total gross square footage computed under this section, unless the
district's

lease agreement is by or with any nonprofit or governmental agency providing educational programs which have been approved by the department of education, the department of health or another state or educational credentialing agency and the leased space is incorporated into the district's facility plans required under W.S. 21
‑
15
‑
116(a)(vi);

Section
2
.

This
act is effective July 1,
201
6
.

(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