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25LSO-0742
2025
STATE OF WYOMING
25LSO-0742
Numbered
2.0
SENATE FILE NO. SF0156
Expenditure of state funds on K-12 public schools.
Sponsored by: Senator(s) Driskill, Dockstader and Smith, D and Representative(s) Allemand, Angelos, Bear, Neiman and Wharff
A BILL
for
AN ACT relating to K-12 public school facilities; prohibiting expenditure of state funds generated by the foundation program on capital construction; prohibiting expenditure of major maintenance funds on enhancements; making conforming amendments;
and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 21
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307 by creating a new subsection (c), 21
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504 and 21
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109(f) are amended to read:
21
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307.
Eligibility to share in distribution of money from foundation account; mandatory financial reporting; prohibition of spending foundation program funds on capital construction.
(c)
In no event shall any school district transfer or expend any funds generated by the foundation program, defined under W.S. 21
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101(a)(v), including but not limited to local revenues collected under W.S. 21
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310 and amounts paid to the school district for the purpose of funding operational expenses under this chapter, for major building and facility repair or replacement, defined under W.S. 21
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109(a)(iii), or for a project, defined under W.S. 21
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111(a)(iv), for any educational building, office building, portable building, teacherage or warehouse building, defined under W.S. 21
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109(a).
21
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504.
Special reserve fund.
(a)
Except as prohibited under subsection (b) of this section, t
he board of trustees of each Wyoming school district may create a special reserve fund of a specified amount, for the purpose of purchasing or replacing specified equipment or a depreciation reserve for equipment and school building repair.
The board may annually include in its budget for the ensuing fiscal year, the amount so designated, as a special fund, expendable only for the purposes stated and segregated as such, from general and other special school funds, disbursements therefrom to be made from time to time by the school clerk's warrants drawn against said special fund, as duly ordered by said board; provided, that said amount so specially budgeted for any fiscal year shall not exceed ten percent (10%) of the total amount budgeted for the same year; and further provided, that any difference in the amount so specially budgeted for any such year and the amount expended from said fund during such year, may be retained in and carried over as a part of the special reserve fund.
(b)
In no event shall any funds generated by the foundation program, defined under W.S. 21
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101(a)(v), that are transferred to a special reserve fund be expended by the board of trustees of a school district for major building and facility repair or replacement, defined under W.S. 21
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109(a)(iii), or for a project, defined under W.S. 21
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15
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111(a)(iv), for any educational building, office building, portable building, teacherage or warehouse building, defined under W.S. 21
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109(a).
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109.
Major building and facility repair and replacement payments; computation; square footage allowance; use of payment funds; accounting and reporting requirements.
(f)
Notwithstanding subsection (e) of this section, a district may expend up to ten percent (10%) of the amount distributed during any school year under subsection (b) of this section for major building and facility repair and replacement needs of the district which are not specified in the district's facility plan,
including
excluding
expenditures for maintenance of district enhancements.
In no event shall funds distributed under this section be expended by districts on maintenance of district enhancements.
Expenditures shall be made under this subsection only after the district's building and facility repair and replacement needs specified in its facility plan have been addressed in accordance with subsection (e) of this section and the department has approved the district's proposed expenditures under this subsection.
Amounts not expended for purposes of this subsection during any school year may be accumulated by a district and earmarked within the separate account established under subsection (e) of this section for expenditure under this subsection in subsequent school years, provided the unexpended amount during any school year to be accumulated does not exceed ten percent (10%) of the amount distributed to the district under subsection (b) of this section for that school year.
Each district shall include expenditures under this subsection and any amounts accumulated from year
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to
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year under this subsection within the annual report required under subsection (e) of this section.
Nothing in this subsection shall prohibit or limit the application of subparagraph (c)(i)(D) of this section in computing a district's building and facility gross square footage for purposes of determining payment amounts under this section.
If any school district exceeds expenditure limitations prescribed by this subsection or fails to comply with expenditure levels for facility adequacy needs identified within its facility plan, the payments for that district in the immediately succeeding year shall be reduced by the excess expenditure amount including any excess expenditure of amounts accumulated under this subsection.
Section 2
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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)
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SF0156