School facilities appropriations-4.

2016
STATE OF WYOMING
16LSO-0420
Committee Formal Draft
1.3

SENATE FILE

NO.
SF0083

School facilities appropriations-4.

Sponsored by:
Joint Appropriations Interim Committee

A BILL

for

AN ACT relating to school facility projects; providing appropriations for school facility projects for the biennial period July 1, 2016 through June 30, 2018; providing definitions; establishing a task force as specified; requiring reports; providing appropriations for task force duties; and providing for effective dates.

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

Section
1
.

(a)

This section shall consist of funds appropriated for the 2017
‑
2018 biennial school capital construction appropriation.

(b)

As used in this
section:

(i)

"Capacity" means building needs as measured by criteria established by the school facilities commission pursuant to W.S. 21
‑
15
‑
117(e);

(ii)

"Condition needs index priority" means the condition needs index priority used by the school facili
ties commission in developing the remediation schedule for the 2017
‑
2018 biennial budget recommendation in accordance with W.S. 21
‑
15
‑
117(a).

(c)

The amounts appropriated from the school capital construction account under this section are for the biennia
l period commencing July 1, 2016 and ending June 30, 2018. As authorized under W.S. 21
‑
15
‑
119(a)(iii), the school facilities commission shall submit a supplemental budget request for the period beginning July 1, 2017 and ending June 30, 2018, for any emer
gency or unanticipated need, or for any refinement or modification of a project funded under this section, subject to any constraints and other requirements imposed by the governor under W.S. 9
‑
2
‑
1013.

(d)

An estimated schedule for deploying projects fun
ded by amounts appropriated under this section and projects funded by previous appropriations, as adopted by the school facilities commission and as contained within the 2017
‑
2018 biennial budget submitted by the commission under W.S. 21
‑
15
‑
119, shall be u
sed by the school facilities department in guiding expenditure of appropriated funds. The estimated schedule developed under this subsection shall be based upon information, processes, events and expenditures and shall not be binding upon the department o
r the commission.

(e)

Amounts appropriated under this section and previous appropriations shall not be construed to be an entitlement or guaranteed amount and shall be expended by the commission and department to ensure adequate, efficient and cost effec
tive school buildings and facilities in accordance with W.S. 21
‑
15
‑
114(a)(vii).

(f)

In addition to accounting requirements imposed under W.S. 28
‑
11
‑
301(c)(iv), the school facilities department shall report at least once each year, the deployment of amoun
ts to fund projects under this section
and previous appropriations in accordance with the deployment schedule, depicting project progression and, if applicable, the rationale for deviation from the estimated schedule. The reports, as approved by the commi
ssion, shall be submitted by the department to the select committee on school facilities, the joint appropriations committee and the governor.

(g)

The following amounts are appropriated from the school capital construction account to the school facilitie
s commission for the biennial period commencing July 1, 2016 and ending June 30, 2018, for the specified purposes:

(i)

For design projects:

(A)

Up to
four million nine hundred eighty-two thousand
dollars ($
4,982,000
.00), subject to the prescribed maxim
um amounts:
Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

Capacity
Campbell #1
High School
$ 536,154*
Capacity
Teton #1
Elementary School
$ 2,702,18
3
*
5
Albany #1
Elementary School
$ 477,190*
17
Laramie #1
Junior High
$
1,204,000*
332
Park #6
Elementary School
$ 62,473
Total
$
4,982,000

(B)

Appropriations under subparagraph (A) of this paragraph which are denoted with one (1) asterisk, are supplemented by previous appropriations for that specific design project,
resulting in total design funding for that project greater than the amount appropriated under subparagraph (A) of this paragraph;

(C
)

The school facilities commission, through the department, shall provide for a separate accounting of those projects rec
eiving supplemental appropriations under subparagraph (A) of this paragraph,
and separately report expenditures of those amounts to the select
committee on
school facilities and to the joint appropriations committee, together with processes and mechanisms directed at reduci
ng future project cost overages.

(ii)

For capital construction projects:

(A)

Up to
ten million four hundred ninety-four thousand six
hundred ninety
-
four
dollars ($
10,494,694
.00), subject to the prescribed maximum amounts:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

Capacity
Campbell #1
High School
$ 3,800,395*
Capacity
Laramie #1
Elementary School
$ 2,214,9
53*
16
Big Horn #4
Elementary School
$ 2,186,845*
Capacity
Big Horn #3
Modular
lease
$ 16,800
Capacity
Big Horn #3
Modular
lease
$ 16,800
Capacity
Carbon #1
Elementary School
$ 657,581
Capacity
Sweetwater #2
Middle School
$ 200,000**
77
Converse
#1
Modular
$ 334,176
93
Converse #1
Modular
$ 334,176
100
Converse #1
Modular
$ 334,176
332
Park #6
Elementary School
$

398,792
Total
$
10,494,694

(B)

Appropriations under subparagraph (A) of this paragraph which are denoted with one (1)
asterisk, are supplemented by previous appropriations for that specific construction project, resulting in total construction funding for that project greater than the amount appropriated under subparagraph (A) of this paragraph;

(C
)

The school facilitie
s commission, through the department, shall provide for a separate accounting of those projects receiving supplemental appropriations under subparagraph (A) of this paragraph, and separately report expenditures of those amounts to the select
committee on
s
chool facilities and to the joint appropriations committee, together with processes and
mechanisms directed at reduci
ng future project cost overages;

(D)

In addition to t
he appropriation under subparagraph (A) of this paragraph denoted with two (2) aster
isks
,

six million six hundred ninety-eight thousand seven hundred ninety dollars ($6,698,790.00)
as contained in 2014 Wyoming Session Laws, Chapter 82, Section 1(e)(iii)(B)
for the construction of an elementary school in Sweetwater County School District
No. 2
,
is hereby reappropriated for the purpose of addressing the elementary
school
capacity issues as identified by the district and the proposed reconfiguration of grade levels as approved
by the
director of the
school facilities
department and the state
superintendent pursuant to W.S. 21
‑
13
‑
309(m)(vi)
.
The school facilities commission, through the department, shall provide for a separate accounting of those projects receiving
funds
under this paragraph, and separately report expenditures of those amounts
to the select committee on school facilities and to the joint appropriations committee
. In the event the cost of construction of the remedy or remedies identified under this subparagraph exceed the total amount identified, no funds shall be
expended as ap
propriated under this subparagraph and shall only be available for expenditure as specifically authorized by the legislature
.

(iii)

For land acquisitions, including land leases, up to
six hundred fifty-four thousand six
hundred dollars ($
654,600
.00) for
land acquisitions approved by the school facilities commission for the facility needs of Laramie County School District No. 1
and Washakie County School District No. 2
;

(iv)

For unanticipated costs

associated with the design and construction of projects
funded under this section, up to
four
hundred fifty-nine thousand one hundred seventy-four
dollars ($
4
59,174
.00). The school facilities commission, through the department, shall provide for a separate accounting of those projects receiving supplemental ap
propriations under this paragraph, and separately report expenditures of those amounts to the select committee on school facilities and to the joint appropriations committee;

(v)

In addition to the allowable expenditures pursuant to law of
amounts
approp
riated
for major maintenance expenses
under 2016 SF 0
001, Section 2, Section 027, a school district may expend up to ten percent (10%) of the amount distributed under the major maintenance program for the period commencing July 1, 2016 and ending July 1, 2
018 for safety and security building and facility needs. No expenditure shall be made under this subsection without the approval of the director of t
he school facilities department;

(vi)

In addition to allowable expenditures pursuant to W.S. 21
‑
3
‑
110(
a)(x) for leases executed by school districts, for the purposes of charter school leases, up to four hundred thousand dollars ($400,000.00) is appropriated to the school facilities department, to distribute to each school district with a charter school in
the district, approved and operating
during the
2014-2015 school year in accordance with W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314, which requires a lease for the operation of the charter school's educational program in the applicable school year. The amounts to be distributed under this paragraph shall be reduced to the extent the amounts are
duplicative of any costs funded or p
aid for by alternative mechanisms. The funds appropriated under this paragraph shall be distributed for expenses incurred
during
school year
2016-2017 to qualifying school districts based upon the proration of the total qualifying costs of all qualifying
school districts.

Section 2.

(a)

There is cr
eated a task force to study public school capital construction and operations, including stable and reliable funding options,
consisting of the following members:

(i
)

A number not to exceed
three

(3
) members of the Wyoming senate
to be
appointed by the president of the senate;

(ii)

A number not to exceed
three (3)
members of the Wyoming house of representatives to be appointed by the speaker of the house;

(iii)

Eight (8
) members appointed by the
governor not later than March 31, 2016 as follows:

(A)

One (1) representative from the governor's office;

(B)

One (1) representative from the department of education;

(C)

One (1) representative from the school facilities department;

(D)

One (1) rep
resentative from the department of revenue;

(E
)

Three (3
) representative
s
from the Wyoming business community
, agriculture
or mineral industry; and

(F
)

One (1) member who is employed by a Wyoming school district as a certified teacher or an administr
ator or is serving as a trustee on a Wyoming school district board of trustees.

(b)

The appointing authority for any member who vacates membership shall fill the vacancy. Any member appointed to the task force wh
o
is not
a legislator,
an employee of a go
vernmental subdivision or a member of a political subdivision
,
board or commission shall receive per diem
and mileage
from amounts appropriated under
paragraph
(h)(ii) of this section.
Legislative members
shall receive compensation as provided by and from amounts appropriated under
paragraph
(h)(i) of this section.

(c)

The cochairmen of the taskforce shall be appointed by the president of the senate and the speaker of the house, respectively.

(d)

The legislative service office shall staff the task force. The legislative service office may retain consultants as necessary to staff and advise the task force in executing responsibilities prescribed by this section. The management council may expend fun
ds appropriated by the legislature for approved contractual agreements between the council and professional consultants on behalf of the task
force. State agencies shall provide information and assistance to the task force as requested.

(e)

The task for
ce shall study and make recommendations for the implementation, management, operation and ongoing development of long term reliable funding sources for the operation and construction necessities of Wyoming K-12 public schools. In making recommendations und
er this subsection, the task force shall:

(i)

Conduct an extensive review of the school foundation program account and the operational expenses for Wyoming K-12 public schools. Specifically, the task force shall:

(A)

Assess all expenditures of school
foundation program account funds, including those allocated by the operation of the education resource block grant model and expenditures related to special programs, such as national board certified teachers, summer school and extended day and instruction
al facilitators. Review shall
include all state agencies appropriated school foundation program account funds;

(B)

Examine all current revenue generating mechanisms contributing to the school foundation program account and income potential of funds with
in the account. The review shall include analysis of the current investment of funds in the account and analysis of alternatives that may yield a higher rate of return. The impact of increasing the existing revenue generating mechanisms shall be evaluated.
The cash flow of the account shall also be analyzed; and

(C)

Analyze Wyoming school district reserve accounts to determine the spending and saving patterns and evaluate statutes and policies relative to district reserve accounts to determine appropriat
eness and to make any necessary recommendations relative to the operation and management of these accounts.

(ii)

Conduct an extensive review of the school capital construction account and K-12 public school capital
construction needs of Wyoming school di
stricts. Specifically, the task force shall:

(A)

Evaluate the policies, rules and regulations and statutes governing assessment of building condition and capacity. The effort shall include review of appropriate and relative literature, research and best
practices for public building construction and maintenance, including the definition of immediate need and appropriate deployment schedules for building remediation relative to building condition assessment scores. The effort shall include review of appro
priate measures to identify capacity and overcrowding issues and identify appropriate means to rank facilities based upon varying degrees of overcrowding and capacity need
s
, along with the appropriate remedy based upon the severity of the overcrowding or c
apacity issue
;
and

(B)

Identification of current revenue sources available for construction of K-12 public school educational facilities and analysis of potential alternative revenue generating mechanisms that may be
available, including but not limited
to expansion of lease-to-purchase options and bonding.

(f)

The task force shall exist until December 31, 2017.

(g)

The task force shall
appear before the

joint appropriations committee and the joint education committee to make recommendations
not l
ater than October 15, 2016 and again, not later than October 15, 2017. Based on the findings of the task force, the appropriate committee may consider development of legislation for introduction during the 2017 general session or the 2018 budget session.

(h)

For the period beginning upon the effective date of this section and ending June 30, 201
8, there is appropriated from the general fund to the legislative service office:

(i)

Twenty-two

thousand
five hundred
dollars ($
22
,5
00.00) for payment of salar
y, per diem and mileage for legislative task force members;

(ii)

Eleven
thousand
five hundred
dollars ($
11,5
00.00)
for payment

of nonlegislative task force members for
per diem and
mileage
expenses as provided under this paragraph
. Any member appointed o
r serving on
the task force
who is not a

legislator,
employee of a governmental subdivision or a member of a political subdivision, board or commission shall receive per diem and
mileage
in the manner and amount provided to state employees under W.S. 9
‑
3
‑
102 and 9
‑
3
‑
103
.

Section 3.
In addition to the amounts appropriated under Section 1 of this act, eighty million dollars ($80,000,000.00)
is appropriated
from the legislative stabilization reserve account to the school facilities commission. This approp
riation shall be for the period beginning July 1, 2017 and ending June 30, 2018. This appropriation shall only be available for expenditure as specifically authorized by the legislature.
As required under W.S. 21
‑
15
‑
119(a), and not later than September 1
, 2016, the
school facilities commission shall report proposed expenditures of the amounts appropriated under this section
, along with a prioritized list of projects pursuant to W.S. 21
‑
15
‑
117 and the results of the condition
needs assessment to be conduct
ed over the 2016 interim by the school facilities department, to the select committee on school facilities and the joint appropriations committee.

Section 4
.

(a)

Except as provided under subsection (b) of this section, this act is effective July 1, 201
6.

(b)

Section 2 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section
8 of the Wyoming Constitution.

(END)

1
SF0083