Chapter 15 - Capital Construction Projects
CHAPTER 15 - CAPITAL CONSTRUCTION PROJECTS
21-15-101. Repealed by Laws 1988, ch. 82, 2.
21-15-102. Repealed by Laws 1988, ch. 82, 2.
21-15-103. Repealed by Laws 1988, ch. 82, 2.
21-15-104. Repealed by Laws 1988, ch. 82, 2.
21-15-105. Bonded indebtedness mill levy supplement.
(a) On or before June 15 of each year, any school district mayapply to the department to receive a mill levy supplement as calculated undersubsections (c) and (d) of this section. The mill levy supplement shall notapply to the first two (2) mills levied by a district for payment ofoutstanding bonds. The amount of mill levy supplement to be received shall becertified by the department to the district and the board of countycommissioners of the county or counties in which the district is located on orbefore July 15. Subject to limitations imposed by this section, the mill levynecessary to make scheduled payments under outstanding general obligation bondsof the school district for the current year shall be decreased accordingly. Themill levy supplement shall be paid to each district applying on or beforeJanuary 1 and shall be credited to the debt service fund of the schooldistrict. Any mill levy supplement revenues not used to reduce the currentmill levy as provided in this section shall be rebated to the state treasurer.
(b) This section only applies to bonds issued on or beforeFebruary 23, 2001, the original term of which was for at least ten (10) years.Effective commencing school year 2010-2011 and each school year thereafter,this section shall not apply to the refunding of any bond issues initiallyqualifying under this section if the refunding occurs on or after April 1,2010.
(c) The amount of mill levy supplement for a school districtshall be computed as follows:
(i) Subtract the assessed valuation per average dailymembership of the school district from one hundred fifty percent (150%) of thestatewide assessed valuation per average daily membership and divide the amountdetermined by one hundred fifty percent (150%) of the statewide assessedvaluation per average daily membership;
(ii) Multiply the number obtained under paragraph (i) of thissubsection times the amount required to be paid on the bonds of the applyingschool for the current year by a school district mill levy.
(d) The mill levy supplement determined under subsection (c) ofthis section shall be decreased by subtracting the product of two (2) millstimes the assessed value of the school district for the preceding year from theamount calculated under subsection (c) of this section. Followingcertification of the amounts and if the amount calculated under subsection (c)of this section is greater than the amount determined under this subsection,the department shall pay the difference to the school district under subsection(a) of this section.
(e) The department shall develop forms containing suchinformation as may be required to implement this section. The forms shall becompleted and submitted to the department by any school district applying underthis section. The department shall adopt rules and regulations to implementthis section. The mill levy supplement shall be computed using the assessedvaluation for the state and district for the preceding year.
(f) Repealed by Laws 1988, ch. 82, 2.
(g) In addition to any payments provided under subsections (a)through (e) of this section, a district shall receive a grant annually notlater than September 1 as provided in this subsection from the school capitalconstruction account if the district finances school capital facilities throughcapital leasing, and the district is required to make lease payments in orderto use the facilities. Payments to school districts under this subsection shallbe used by the district solely for the purpose of making capital lease paymentsfor facilities for which agreements to lease the facilities have been executedprior to January 1, 1999 and payments due during the school year for which thegrant is to be made. For the purposes of this section, "capitalleasing" means the lease of facilities by a school district from anonprofit corporation or a joint powers board which corporation or board usedthe proceeds from revenue bonds or certificates of participation to fundconstruction of the facilities. The payments under this subsection shall besubject to the following:
(i) For the purpose of computations under this subsection,bonded indebtedness shall include both district general obligation bonds andrevenue bonds or certificates of participation issued by any joint powers boardor nonprofit corporation the proceeds from which were used to fund constructionor acquisition of the facility which the district is leasing;
(ii) The grant shall:
(A) Be an amount equal to the lease payment times the proportiondetermined under W.S. 21-15-105 as if it applied to all general obligation andrevenue bonds for the purposes of this subsection;
(B) Provided that subsection (d) of this section shall notapply to the determination of the proportion of bonded indebtedness used incomputing the grant amount under subparagraph (g)(ii)(A) of this section.
21-15-106. Repealed By Laws 1999, ch. 170, 302.
21-15-107. Repealed By Laws 2002, Ch. 99, 3.
21-15-108. Revenue bonds for grants and loans; refunding revenue bonds.
(a) Before distribution to the public school capitalconstruction account under W.S. 9-4-305(b), sufficient revenues for thepurposes of this section shall be deducted therefrom and credited to a bondrepayment account pursuant to the terms of the resolution, indenture or otherappropriate proceeding authorizing the issuance of revenue bonds under thissection. The revenues deducted shall be used as provided by this section. Thebalance of the revenues shall be credited to the public school capitalconstruction account as provided under W.S. 9-4-305(b). After availablerevenues under W.S. 9-4-305(b) have been used, revenues under W.S. 21-13-301shall also be credited, as necessary, to the bond repayment account and shallbe used as provided by this section.
(b) The school facilities commission may borrow money in aprincipal amount not to exceed one hundred million dollars ($100,000,000.00) bythe issuance from time to time of one (1) or more series of revenue bonds. Thecommission may encumber revenues under subsection (a) of this section for bondsin total amounts not to exceed one hundred million dollars ($100,000,000.00)issued for school capital construction projects and assistance as determined bythe commission and approved by the legislature under W.S. 21-15-119. Any bondsissued under this section, together with any interest accruing thereon and anyprior redemption premiums due in connection therewith, are payable andcollectible solely out of revenues authorized under this section. Thebondholders may not look to any general or other fund for payment of the bondsexcept the revenues pledged therefore. The bonds shall not constitute anindebtedness or a debt within the meaning of any constitutional or statutoryprovision or limitation. The bonds shall not be considered or held to begeneral obligations of the state but shall constitute its special obligationsand the commission shall not pledge the state's full faith and credit forpayment of the bonds.
(c) Bonds issued under this section shall be in a form, issuedin a manner, at, above or below par at a discount not exceeding ten percent(10%) of the principal amount of the bonds, at public or private sale, andissued with recitals, terms, covenants, conditions and other provisions notcontrary to other applicable statutes, as may be provided by the commission ina resolution authorizing their issuance and in an indenture or otherappropriate proceedings.
(d) Any bonds issued under this section shall:
(i) Be of denominations of five thousand dollars ($5,000.00) ormultiples thereof;
(ii) Be fully negotiable within the meaning of and for allpurposes of the Uniform Commercial Code, W.S. 34.1-1-101 through 34.1-10-104;
(iii) Mature at a time or serially at times in regular numericalorder at annual or other designated intervals in amounts designated and fixedby the commission, but not exceeding thirty (30) years from their date;
(iv) Bear interest payable annually, semiannually or at otherdesignated intervals, but the first interest payment date may be for interestaccruing for any period not exceeding one (1) year;
(v) Be made payable in lawful money of the United States at theoffice of the state treasurer or any commercial bank or commercial banks;
(vi) Repealed By Laws 2002, Ch. 99, 3.
(vii) Be additionally secured by a reserve fund created fromrevenues deposited within the capital construction account under W.S.9-4-305(b) or from the proceeds of the bonds, or both, in an amount determinedby the commission but not to exceed an amount equal to ten percent (10%) of therevenue bonds outstanding.
(e) Before any contract is entered into by the commission toretain the services of a financial advisor or to sell the bonds to anunderwriter, whether by competitive or negotiated bid, a full disclosure of theterms of the contract including fees to be paid shall be submitted to themanagement council through the legislative service office.
(f) The commission may issue refunding revenue bonds:
(i) To refund and discharge and extend or shorten thematurities of all or any part of any outstanding bonds issued under thissection including any interest thereon in arrears or about to become due;
(ii) For the purpose of reducing interest costs on bonds issuedunder this section or effecting other economics; or
(iii) For the purpose of modifying or eliminating any contractuallimitations or provisions contained in any indenture or other proceedingsauthorizing outstanding bonds issued under this section.
(g) Any refunding permitted by this subsection shall beaccomplished in the manner prescribed by W.S. 16-5-101 through 16-5-119, exceptany refunding revenue bonds authorized by the commission under this subsectionshall not constitute an indebtedness or a debt within the meaning of anyconstitutional or statutory provision or limitation or be considered generalobligations of the state. The commission shall not pledge the state's fullfaith and credit to the payment of the refunding revenue bonds. The refundingrevenue bonds shall constitute special obligations of the state and may bepayable only from the sources authorized in this section for the payment of thebonds refunded. The principal amount of any bonds which have been refunded neednot be taken into account in computing compliance with the maximum amounts ofbonds authorized to be issued under this section.
21-15-109. Major building and facility repair and replacement payments;computation; square footage allowance; use of payment funds; accounting andreporting requirements.
(a) As used in this act:
(i) Repealed By Laws 1999, ch. 170, 402.
(ii) "Educational building" means a school building orfacility primarily used for providing the educational programs offered by adistrict in compliance with law which is owned by the district, including aschool building or facility owned by the district and used for operating acharter school established under W.S. 21-3-301 through 21-3-314;
(iii) "Major building and facility repair andreplacement" means the repair or replacement of complete or major portionsof school building and facility systems at irregular intervals which isrequired to continue the use of the building or facility at its originalcapacity for its original intended use and is typically accomplished bycontractors due to the personnel demand to accomplish the work in a timelymanner, the level of sophistication of the work or the need for warranted work;
(iv) "Office building" means a school building orfacility primarily used in connection with or for the purpose of districtadministrative functions, the major purpose or use of which is not dedicated tothe provision of educational programs offered by the district in accordancewith law. "Office building" shall include maintenance facilities andstorage buildings in which supplies are stored;
(v) "Portable building" means any prebuilt, factoryconstructed and assembled school building or facility which is transported inan assembled condition to the location on which the building or facility is tobe situated and which is acquired and used by the district for temporarypurposes only;
(vi) "Routine maintenance and repair" means activitiesnecessary to keep a school building or facility in safe and good working orderso that it may be used at its original or designed capacity for its originallyintended purposes, including janitorial, grounds keeping and maintenance tasksdone on a routine basis and typically accomplished by district personnel withexceptions for any routine tasks accomplished by contractors such as elevatoror other specialized equipment or building system maintenance;
(vii) "Teacherage" means housing provided by and ownedby a school district for use as living quarters of a teacher or other schooldistrict employee;
(viii) "Warehouse building" means a school building orfacility primarily used for storage of equipment, materials and other districtproperty and supplies, including facilities in which school buses are stored,maintained or serviced.
(b) To the extent funds are available, on July 1 of each year,the school facilities commission shall based upon square footage computationscomputed on September 1 of the prior school year, distribute major building andfacility repair and replacement payments to each school district from thecapital construction account. If funds within the account are not sufficientfor payments on July 1 of any school year, the commission shall distributepayments from the account on or before September 30 and March 31 of that schoolyear. Major building and facility repair and replacement payments shall becomputed in accordance with subsection (c) of this section.
(c) To compute the major building and facility repair andreplacement payment for each district, the commission shall:
(i) Annually on or before September 1, determine the totalnumber of gross square feet of school buildings and facilities within thedistrict according to guidelines prescribed by rule and regulation of thecommission, subject to the following:
(A) The gross square footage of any school building or facilitywithin the district which is not used for purposes of delivering the requirededucational program shall not be included within the district's total grosssquare footage computed under this section, except for the square footage ofany district school building or facility which would otherwise be treated as aclosed building under paragraph (c)(iv) of this section or is determined to besurplus, and following approval of the commission, the building or facility isbeing used for the provision of one (1) of the programs specified insubdivisions (I) through (III) of this subparagraph and the district complieswith subdivisions (IV) through (VI) of this subparagraph:
(I) Child care programs certified to operate in Wyoming underW.S. 14-4-101 through 14-4-111; or
(II) Developmental preschool programs receiving state financialassistance for program operations; or
(III) Educational programs and services provided through a boardof cooperative educational services under W.S. 21-20-101 through 21-20-111 inwhich the district is a participant in the cooperative agreement; and
(IV) The district incorporates this use of closed or surplusbuildings into its facility plans required under W.S. 21-15-116; and
(V) The district reports any fees or payments received orcollected for this use of closed or surplus buildings as a local resource forpurposes of foundation program computations under W.S. 21-13-310(a)(xv); and
(VI) The district limits the lease agreement for the use of theclosed or surplus building to not more than one (1) year subject to terminationby the district at any time prior to expiration of the one (1) year period ifnecessary for provision of district educational programs.
(B) The gross square footage of any school building or facilityleased by a district shall not be included within the district's total grosssquare footage computed under this section, unless the lease agreement is by orwith any nonprofit or governmental agency providing educational programs whichhave been approved by the department of education, the department of health oranother state or educational credentialing agency and the leased space isincorporated into the district's facility plans required under W.S. 21-15-116(a)(vi)and is approved by the commission;
(C) The district's total gross square footage shall be adjustedfor the age of its buildings and facilities. The commission shall by rule andregulation for buildings and facilities constructed after June 30, 2004, adjusttotal district gross square footage by excluding or reducing the gross squarefootage of newly constructed buildings and facilities whereby at the seventhschool year immediately following the school year in which the building orfacility is constructed, one hundred percent (100%) of the gross square footageof the newly constructed building or facility is included within the totaldistrict square footage computation under this section;
(D) No gross square footage created by any district enhancementshall be included within the district's gross square footage computed underthis section unless the enhancement or any portion thereof is determined to beincluded within the state adequacy standards pursuant to this act.
(ii) Of the total gross square feet for all school buildings andfacilities computed under paragraph (c)(i) of this section, determine the totalgross square feet for each of the following building categories:
(A) Office buildings;
(B) Repealed By Laws 2001, Ch. 191, 2.
(C) Educational buildings, including buildings used for theprovision of certified child care, developmental preschool or cooperativeeducation programs pursuant to subparagraph (c)(i)(A) of this section, andincluding portable buildings provided portable buildings do not exceed morethan ten percent (10%) of the total gross square feet computed for all schoolbuildings and facilities under paragraph (c)(i) of this section, and excludingteacherages;
(D) Warehouse buildings.
(iii) The total amount of gross square footage determined foreducational buildings under subparagraph (c)(ii)(C) of this section shall beadjusted by excluding from computations under this section the square footagefor those educational buildings closed and not operational as provided forunder paragraph (c)(iv) of this section and any amount including the grosssquare footage of portable buildings but excluding the gross square footage ofbuildings used for the provision of certified child care, developmentalpreschool and cooperative education programs pursuant to subparagraph (c)(i)(A)of this section, which exceeds capacity levels specified by this paragraphwhich are above the statewide minimum gross square footage criteria asprescribed by the statewide building and facility adequacy standardspromulgated under W.S. 21-15-115(a). For purposes of this section, per studentgross square footage criteria prescribed by the statewide building adequacystandards shall be based upon an average daily membership (ADM) computed asdefined under W.S. 21-13-101(a)(i) for the prior school year. For purposes ofcomputations under this section, the allowable capacity in educational buildinggross square footage for each district including portable buildings butexcluding buildings used for the provision of certified child care,developmental preschool and cooperative education programs pursuant tosubparagraph (c)(i)(A) of this section, shall be as follows:
(A) For school years 2004-2005 and 2005-2006, up to one hundredthirty-five percent (135%) of the per student gross square footage criteriaprescribed by statewide adequacy standards;
(B) For school years 2006-2007 through 2008-2009, up to onehundred twenty-five percent (125%) of the prescribed per student gross squarefootage criteria;
(C) For school year 2009-2010 and each school year thereafter,up to one hundred fifteen percent (115%) of the prescribed per student grosssquare footage criteria.
(iv) The square footage of any district building or facilitywhich is closed and not operational, is not being replaced under a district'sfacility plan approved by the commission under W.S. 21-15-116, is notdetermined surplus by the commission and is specified as a closed buildingwithin the district's facility plan as a cost efficient means to address futuredistrict building needs, shall be segregated from the square footage of otherdistrict buildings and facilities and multiplied by the replacement valuedetermined by the commission under paragraph (c)(v) of this section for theappropriate building category. The resulting amount shall then be multipliedby an exterior closure factor established by the commission based upon the mostcurrent edition of the Whitestone Building Maintenance and Repair CostReference Index and added to the total amount determined for the district underparagraph (c)(viii) of this section. This paragraph shall not apply to anyschool year during which the building or facility is reopened and becomesoperational for purposes of delivering the required educational program withinthe district or to any school year during which the building or facility isused to provide certified child care, developmental preschool or cooperativeeducation programs pursuant to subparagraph (c)(i)(A) of this section;
(v) Multiply the adjusted square footage amount for eachdistrict's educational buildings determined under paragraph (c)(iii) of thissection and the amount determined under paragraph (c)(ii) of this section forall remaining building categories of that district, times a replacement valuecost factor established for each building category by the commission based uponthe median estimate in the most current edition of the R. S. Means constructioncost index, as modified to reflect current Wyoming construction costs determinedby the department of administration and information, division of economicanalysis;
(vi) Multiply the amount computed under paragraph (c)(v) of thissection for the adjusted square footage of the district's educational buildingstimes two and one-half percent (2.5%) for school year 2001-2002, three percent(3%) for school year 2002-2003, and by two percent (2%) for school year2003-2004 and each school year thereafter;
(vii) Multiply the sum of the amounts obtained under paragraph(c)(v) of this section for the building categories identified undersubparagraphs (c)(ii)(A) and (D) of this section times two and one-half percent(2.5%) for school year 2001-2002, three percent (3%) for school year 2002-2003,and by two percent (2%) for school year 2003-2004 and each school yearthereafter, adjusted as follows:
(A) Determine the proportion that the sum of the square footagefor these building categories within the district bears to the educationalbuilding square footage computed under subparagraph (c)(ii)(C) of this section,as adjusted pursuant to paragraph (c)(iii) of this section, excluding anysquare footage included under paragraph (c)(iv) of this section;
(B) If the proportion is ten percent (10%) or less, thedistrict is entitled to one hundred percent (100%) of the amount computed underthis paragraph;
(C) If the proportion is greater than ten percent (10%) butless than sixteen percent (16%), the district is entitled to ninety percent(90%) of the amount computed under this paragraph;
(D) If the proportion is sixteen percent (16%) or greater butless than twenty-one percent (21%), the district is entitled to eighty percent(80%) of the amount computed under this paragraph;
(E) If the proportion is twenty-one percent (21%) or greater,the district is entitled to seventy percent (70%) of the amount computed underthis paragraph.
(viii) Total the amounts computed under paragraphs (c)(iv), (vi)and (vii) of this section.
(d) Repealed By Laws 2004, Chapter 114, 2.
(e) Amounts distributed under subsection (b) of this sectionshall be deposited by the recipient district into a separate account, thebalance of which may accumulate from year-to-year. Except as specified undersubsection (f) of this section, expenditures from the separate account,including any interest earnings on the account, shall be restricted to expensesincurred for major building and facility repair and replacement as defined insubsection (a) of this section and shall be in accordance with the district'sfacility plan approved by the commission under W.S. 21-15-116. Accountexpenditures may include the expenses of district personnel performing workdescribed under paragraph (a)(iii) of this section if approved by thecommission and if documented within the district's facility plan. Thedistrict's facility plan shall clearly specify proposed major maintenanceexpenditures for addressing district major building and facility repair andreplacement needs on a building-by-building basis, updated for the applicablereporting period, which shall be aligned to the statewide adequacy standardsand prioritized based upon the impact of the building or facility on thedistrict's ability to deliver the required educational program. The districtshall include plans for maintaining any district building or facility which isunder a lease agreement, specifying lease revenues available to the districtfor maintenance of facilities to the level required by statewide adequacystandards. No expenditures shall be made from the separate account unless therepair or replacement of the building or facility systems for which theexpenditure is to be made is clearly specified within the district's facilityplan or otherwise approved by the commission. In a manner and form required bycommission rule and regulation, each district shall annually report to thecommission on the expenditures made from the separate account during theapplicable reporting period, separating account expenditures on abuilding-by-building basis. The commission shall annually review accountexpenditures and shall report expenditures to the select committee on schoolfacilities established under W.S. 28-11-301. The commission shall compilereported building-by-building expenditure information for each district and thedistrict facility plan and include this information in its annual report to theselect committee pursuant to W.S. 21-15-121. If any district expends fundswithin the separate account for purposes not authorized by this subsection orby rule and regulation of the commission, the payments for that district shallbe reduced by the amount of the unauthorized expenditure in the school yearfollowing the year in which the expenditure was discovered by the commission orthe school year in which notification was provided by the commission, whicheverfirst occurs.
(f) Notwithstanding subsection (e) of this section, a districtmay expend up to ten percent (10%) of the amount distributed during any schoolyear under subsection (b) of this section for major building and facilityrepair and replacement needs of the district which are not specified in thedistrict's facility plan, including expenditures for maintenance of districtenhancements. Expenditures shall be made under this subsection only after thedistrict's building and facility repair and replacement needs specified in itsfacility plan have been addressed in accordance with subsection (e) of thissection and the commission has approved the district's proposed expendituresunder this subsection. Effective for the July 1, 2007 payment under thissection and each payment thereafter, amounts not expended for purposes of thissubsection during any school year may be accumulated by a district andearmarked within the separate account established under subsection (e) of thissection for expenditure under this subsection in subsequent school years,provided the unexpended amount during any school year to be accumulated doesnot exceed ten percent (10%) of the amount distributed to the district undersubsection (b) of this section for that school year. Each district shallinclude expenditures under this subsection and any amounts accumulated fromyear-to-year under this subsection within the annual report required undersubsection (e) of this section. Nothing in this subsection shall prohibit orlimit the application of subparagraph (c)(i)(D) of this section in computing adistrict's building and facility gross square footage for purposes ofdetermining payment amounts under this section. If any school district exceedsexpenditure limitations prescribed by this subsection or fails to comply withexpenditure levels for facility adequacy needs identified within its facilityplan, the payments for that district in the immediately succeeding year shallbe reduced by the excess expenditure amount including any excess expenditure ofamounts accumulated under this subsection.
21-15-110. Repealed By Laws 2002, Ch. 99, 3.
21-15-111. Definitions.
(a) As used in this act:
(i) "Capital construction account" or "schoolcapital construction account" means the account into which revenues aredeposited pursuant to W.S. 9-4-305(b), 9-4-601(a)(vii), (b)(i) and (iv) and21-13-306(c), into which the proceeds from any revenue bonds are credited underW.S. 21-15-108, and into which any other funds are appropriated to the accountfor purposes of this act. Funds within the account shall be expended only forpurposes of and in the manner prescribed by this act;
(ii) "Commission" means the school facilitiescommission created by this act;
(iii) "Local enhancements to school buildings andfacilities" or "local enhancements" means any renovation,construction, replacement, repair or other improvement of or to any schoolbuilding or facility initiated by a school district which is designed to bringthe building or facility to a condition exceeding the statewide buildingadequacy standards;
(iv) "Project" means replacement, renovation or newconstruction projects which increase the value of the school building orfacility by improving the functioning of the building or facility or thecapacity of the building or facility, or both, excluding major building andfacility repair and replacement defined under W.S. 21-15-109(a)(iii) androutine maintenance and repair defined under W.S. 21-15-109(a)(vi);
(v) "Remedy" or "remediation" means acourse of action addressing identified building and facility needs inaccordance with statewide adequacy standards developed under this act,consisting of building or facility construction, replacement, renovation,repair or any combination thereof;
(vi) "School buildings and facilities" mean thephysical structures and the land upon which the structures are situated, whichare primarily used in connection with or for the purpose of providing theeducational programs offered by a school district in compliance with law,including both student-related and nonstudent-related buildings and facilities;
(vii) Repealed By Laws 2008, Ch. 93, 2.
(viii) "This act" means W.S. 21-15-108, 21-15-109 and21-15-111 through 21-15-122.
(b) Repealed By Laws 2002, Ch. 99, 3.
(c) Repealed By Laws 2002, Ch. 99, 3.
(d) Repealed By Laws 2002, Ch. 99, 3.
(e) Repealed By Laws 2002, Ch. 99, 3.
(f) Repealed By Laws 2002, Ch. 99, 3.
(g) Repealed By Laws 2002, Ch. 99, 3.
(h) Repealed By Laws 2002, Ch. 99, 3.
(j) Repealed By Laws 2002, Ch. 99, 3.
(k) Repealed By Laws 2002, Ch. 99, 3.
(m) Repealed By Laws 2002, Ch. 99, 3.
(n) Repealed By Laws 2002, Ch. 99, 3.
(o) Repealed By Laws 2002, Ch. 99, 3.
(p) Repealed By Laws 2002, Ch. 99, 3.
(q) Repealed By Laws 2002, Ch. 99, 3.
21-15-112. Leasing of capital assets.
(a) At the request of the school facilities commission, anyschool district shall lease any land, building, equipment or other capitalasset from the nonprofit corporation approved by the state building commissionpursuant to 1997 Wyoming session laws, chapter 94, section 3, as amended by1998 Wyoming session laws, chapter 35, subject to the following conditions:
(i) The lease shall be terminable, without penalty, at the soleoption of the lessee;
(ii) Any option to purchase under the lease shall be at the solediscretion of the lessee;
(iii) The financing for the land, building, equipment or othercapital asset to be leased under the lease may only involve private funds andmay not involve the creation of any indebtedness or debt within the meaning ofany constitutional or statutory provision or limitation;
(iv) The lessee shall not pledge the lessee's full faith andcredit for any payments under the lease or any financing thereof;
(v) The obligations of the lessee under the lease shallconstitute a special obligation of the lessee and may be paid only from sourcesauthorized by the legislative body of the lessee and may be terminated, withoutpenalty or recourse against the lessee, in the event that the legislative bodyof the lessee fails to appropriate sufficient funds to meet the financialobligations under the lease;
(vi) No bonds or other obligations of the lessor shallconstitute an indebtedness, legal, moral or otherwise, result in a pecuniaryobligation, legal, moral or otherwise, or constitute a pledge of or charge,legal, moral or otherwise, against the faith or credit of the lessor, thestate, any department, agency, board, commission or political subdivision ofthe state, any instrumentality of any of the foregoing or any public bodycorporate or other public body created by or pursuant to the constitution orstatutes of the state;
(vii) The obligations of the lessee to make any payments dueunder the lease in any fiscal year shall be limited to funds appropriated bythe legislative body of the lessee for that fiscal year and no appropriation bythe legislative body of the lessor of funds to make payments due under thelease for any fiscal year shall constitute, or be construed to create, anyobligation, legal, moral or otherwise, by the lessee to appropriate funds tomake any payments due under the lease for any other fiscal year or constitutean indebtedness, legal, moral or otherwise, result in a pecuniary obligation,legal, moral or otherwise, or constitute a pledge of or charge, legal, moral orotherwise, against the faith or credit of the lessor, the state, anydepartment, agency, board, commission or political subdivision of the state,any instrumentality of any of the foregoing or any public body corporate orother public body created by or pursuant to the constitution or statutes of thestate; and
(viii) The lease shall provide that all bonds or any otherobligations of the lessor relating to the land, building, equipment or othercapital asset to be leased under the lease contain disclaimers describing thelimitations set forth in paragraphs (i) through (vii) of this subsection.
(b) For purposes of this section, the legislative body:
(i) Of the state, any department, agency, board or commissionof the state or any instrumentality of any of the foregoing is the statelegislature;
(ii) Of any school district is the board of trustees of suchschool district.
21-15-113. School facilities commission; membership; conflict ofinterest; terms; chairman; meetings; compensation.
(a) The school facilities commission is established to consistof seven (7) members comprised of the state superintendent of publicinstruction and six (6) members who are Wyoming residents appointed as follows:
(i) By the governor:
(A) One (1) member of the state board of education;
(B) Three (3) members who shall have knowledge and experiencein the following areas, with each appointment representing one (1) specifiedarea of expertise:
(I) Building and facility engineering, construction andoperations;
(II) Building design and specifications;
(III) Estimating, bidding and building construction.
(ii) By the state superintendent of public instruction, two (2)members who shall have knowledge and experience in the following areas, witheach appointment representing one (1) specified area of expertise:
(A) School facilities planning and management;
(B) The state educational program for public schools asrequired by law.
(b) Commission members appointed under subsection (a) of thissection shall not be an employee of any educational association ororganization. In addition, not more than one (1) commission member shall be anemployee of a school district. Commission members shall be subject to W.S.16-6-118 and shall not vote or otherwise participate in any matter asprohibited under W.S. 16-6-118.
(c) Gubernatorial and state superintendent appointments shallbe subject to senate approval and shall serve a term of four (4) yearsbeginning March 1. Not more than four (4) of the appointed members shall be ofthe same political party. The governor and the state superintendent shall filla vacancy on respective appointments to the commission in accordance with W.S.28-12-101, and may remove respectively appointed commissioners as provided byW.S. 9-1-202. For purposes of this subsection, appointments by the statesuperintendent shall be subject to this subsection in the same manner providedfor gubernatorial appointments under W.S. 9-1-202, 28-12-101 and 28-12-102.
(d) The governor shall designate a chairman from commissionappointments, who shall hold office for the length of his term or until asuccessor is designated, whichever first occurs. The commission shall meet notless than quarterly and a majority of the voting membership constitutes aquorum for the transaction of commission business.
(e) Appointed commissioners shall receive one hundredtwenty-five dollars ($125.00) per day as salary for attendance at commissionmeetings and conducting official commission business, and shall be reimbursedfor travel and other expenses incurred in the performance of their officialduties in the same manner and amount as state employees.
21-15-114. Powers and duties; school facilities office created;director.
(a) The school facilities commission shall:
(i) Act in consultation with school districts who may utilizelocal advisory committees on school building and facility needs, asappropriate, and shall consult with architects and other professional advisors;
(ii) Adopt policies, guidelines and standards for thecomprehensive assessment of school buildings and facilities required under W.S.21-15-115;
(iii) Adopt policies, guidelines and standards for schooldistrict facility plans required under W.S. 21-15-116 and review and certify aplan for each district as required under this act;
(iv) Establish a consistent, systematic research approach forstudent enrollment projections used by districts in developing districtfacility plans and forecasting building and facility needs to comply withstatewide building adequacy standards;
(v) Develop cost per square foot guidelines to be used inestimating the cost of constructing, renovating and otherwise remediatingbuildings and facilities to comply with statewide adequacy standards, whichshall account for demonstrated differences among regions and communities withinthe state;
(vi) Establish a statewide school facilities database comprisedof building and facility specific condition, suitability, accessibility,capacity, inventory and site data;
(vii) Develop policies and criteria for use in determiningrenovation, replacement or discontinuation of inadequate buildings andfacilities based upon statewide adequacy standards and other requirementsnecessary to ensure adequate, efficient and cost effective school buildings andfacilities;
(viii) Enter into or approve construction or renovation projectagreements, as appropriate. The agreement shall:
(A) Require the district make arrangements for appropriateprofessional supervision and management of the project;
(B) Provide for the review and approval of project plans andspecifications;
(C) Provide for review and approval of project changes andchange orders provided that:
(I) The agreement may specify parameters identifying thecircumstances under which changes and change orders may be approved;
(II) Repealed By Laws 2008, Ch. 93, 2.
(III) All changes and change orders shall be approved by thedistrict or its representative.
(D) Establish payment schedules involving state funds;
(E) Assure the commission is not responsible or liable forcompliance with construction or renovation project schedules or completiondates;
(F) Repealed By Laws 2008, Ch. 93, 2.
(G) Provide that the agreement shall expire upon completion ofthe project or projects;
(H) Contain any other provision mutually agreed upon by thecommission and the district; and
(J) Allow for alternate design and construction deliverymethods as defined in W.S. 16-6-701 for provision of design and constructionservices.
(ix) Establish criteria and procedures for the identification oflocal enhancements to school buildings and facilities which are in excess ofstate building adequacy standards and develop criteria and procedures todetermine whether and how any local enhancements should be incorporated intothe statewide adequacy standards;
(x) Review and approve district plans for the disposition ordemolition of buildings and facilities made surplus by an approved constructionor renovation project or by changes in school population, including allocationof resulting costs and revenues. Disposition shall include options for use,lease, sale and any other means of disposing of the surplus building orfacility. The costs and revenues incurred by the disposition or demolition ofthe building or facility shall be accounted for in each district's schoolfacility plan and considered in any building or facility remedy for thatdistrict, including the allocation of revenues resulting from the dispositionof property rendered surplus to offset property demolition costs. The districtshall have final authority over the disposition or demolition of any surplusbuildings, facilities or land, but the commission may disapprove any planssubmitted pursuant to this paragraph to protect the financial interests of thestate if the plans are not otherwise in the public interest. Any revenuesresulting from property disposition under this paragraph shall not beconsidered or counted under W.S. 21-13-310(a)(xiv) or (xv);
(xi) Establish a process under which prototypes are developedfor remedies addressing building and facility needs identified under this actthrough building and facility replacement. Prototypes shall be assembled basedupon:
(A) Capacity requirements of the building or facility andprojected student populations to be attending programs in the building orfacility;
(B) Educational programs to be provided within the building orfacility, provided that this subparagraph shall not be construed to grant thecommission any authority to specify the educational programs offered by anydistrict;
(C) Accommodations, in coordination and cooperation with thedistrict, to the proposed site on which the building or facility is to beconstructed, including specific site requirements and limitations.
(xii) Develop criteria and procedures for the site analysis ofremedies responding to identified building and facility needs by building andfacility replacement. Site analysis shall include a comprehensive review andevaluation of site soil conditions, traffic patterns, utilities and sitetopography;
(xiii) Provide for the purchase and acquisition of sites for anyproject within the approved district facility plan if state funds are to beexpended for the purchase and acquisition;
(xiv) Review any proposed sale of existing land owned by adistrict, which land is within the scope of the district's facility plan, andthe impact of the land disposition upon that plan. The commission maydisapprove any plans submitted pursuant to this paragraph to protect thefinancial interests of the state if the plans are not otherwise in the publicinterest. If the commission determines land disposition adversely impacts thecost-effectiveness of the district's facility plan, the revenues resulting fromland disposition shall be considered by the commission in any future buildingor facility remedy for that district and notwithstanding paragraph (x) of thissubsection, may at the direction of the commission to the department ofeducation, be considered or counted under W.S. 21-13-310(a)(xiv) or (xv);
(xv) With prior consultation with the select committee on schoolfacilities, promulgate necessary rules and regulations to administer andimplement this act.
(b) The commission may contract with appropriate expertise andprofessionals in administering this act and performing duties imposed underthis act.
(c) The commission shall select and subject to senateconfirmation, employ a director who is a Wyoming resident and who shall havedemonstrated competency in facilities planning and construction. The directorshall receive an annual salary determined by the commission and may be removedfrom office by the commission or the governor as provided under W.S.9-1-202(b). In addition to other powers granted under this act, the directormay hire necessary staff as approved by legislative appropriation and shallprovide administrative support to the commission and carry out this act underthe direction of the commission.
21-15-115. Statewide standards for school building and facilityadequacy; adequacy assessment.
(a) The commission shall by rule and regulation establish andmaintain uniform statewide standards for the adequacy of school buildings andfacilities necessary for providing educational programs prescribed by law forthe public schools. If a building owned by a district meets the applicablestandards under this subsection for use by the district to educate students andwas previously used for the purpose of educating students, no municipal orcounty zoning requirements shall be construed or applied so as to prevent thedistrict from using the building for the purpose of educating students, or torequire the district to make any modification to the building as a condition ofusing the building for the purpose of educating students. The uniform standardsshall at minimum include:
(i) Requirements for educating students in a safe environmentincluding all applicable building, health, safety and environmental codes andstandards required by law for all public buildings;
(ii) Building site requirements;
(iii) Building performance standards and guidelines includingenergy efficiency criteria;
(iv) Assurances for the special needs of identified studentpopulations including children with disabilities;
(v) Guidelines for adequacy and functionality of educationalspace for required educational programs;
(vi) Building capacity criteria aligned to the prescribed stateeducational program, with consideration given to utilization differencesbetween school sizes;
(vii) Technological capacity criteria sufficient to meet requirededucational program needs and the requirements imposed under the stateeducation technology plan;
(viii) Building and facility accessibility.
(b) In addition to subsection (a) of this section, thecommission shall maintain the comprehensive assessment of the adequacy ofexisting school buildings and facilities and of future space requirementswithin the state. Maintenance of the assessment shall include districtreporting of new construction and major building and facility repair andreplacement activities in accordance with guidelines prescribed by rule andregulation of the commission, the results of commission on-site visitations andinspections of buildings and facilities and needs assessment data andverification of building and facility ratings through periodic review. Theassessment shall be designed and maintained to provide timely and uniformstatewide data on all of the following:
(i) The condition of school buildings and facilities, seismicratings and structural integrity;
(ii) School building and facility longevity and space requirements;
(iii) Student educational and safety requirements;
(iv) The ability to accommodate educational technology;
(v) Site requirements of school buildings and facilities;
(vi) Inventory of exterior and interior building and facilityspace.
(c) The commission shall not less than once every four (4)years, review and evaluate the building and facility adequacy standardsestablished under subsection (a) of this section. Review and evaluation of thestandards shall include the identification of local enhancements to buildingsand facilities during this review and evaluation period, and based uponcriteria and procedures developed by the commission, a determination as towhether and how any local enhancements should be incorporated into thestatewide standards. Findings and recommendations pursuant to this subsectionshall be reported to the select committee on school facilities before the nextconvening date of the legislative session immediately following completion ofthe review and evaluation, and shall specifically address any need to expandthe needs assessment or to conduct a reassessment of building and facilityadequacy.
(d) The commission shall not hinder or curtail the right of aschool district to undertake local enhancements to buildings and facilitieswhich are in excess of state building adequacy standards, as permitted by law.
21-15-116. School district facility plans; commission development,review and approval; plan criteria; administrative review.
(a) In accordance with rules and regulations of the commission,long range comprehensive school building and facility plans for each schooldistrict shall be developed by the commission in coordination with theapplicable district, which address district wide building and facility needs. Thefacility plan shall identify building and facility needs in accordance with thestatewide adequacy standards, actions to remediate building and facility needsincluding construction, renovation and major building and facility repair andreplacement expenditures, and any local enhancements to buildings andfacilities beyond statewide adequacy standards. The facility plan shall includea response to each building and facility need identified on abuilding-by-building, space-by-space basis. The plan shall also review and tothe extent practical, identify nonconstruction alternatives to building andfacility needs such as building closure, modification of school boundaries,modification of school grade configurations and similar approaches. Demolitionor use, lease or other methods of disposition of commission determined surplusbuildings and facilities shall be incorporated as part of the district plan,including the disposition of any existing land owned by the district. The planshall not include the abandonment or demolition of any school facility orbuilding unless there has first been a public hearing on the issue. The planshall also specify identified alternative methods of building disposition,proposed allocation of costs incurred or revenues resulting from dispositionand allocation of disposition revenues to offset any costs paid by thecommission. In addition, district facility plans shall include:
(i) Student enrollment projections for a period of not lessthan five (5) years using commission approved measures and techniques,including a description of the methods used in making projections;
(ii) A description of proposed new schools or additions andremediations to existing schools necessary to meet building adequacy standards,including:
(A) The grade levels and the total number of pupils that theproposed school or school addition or remediation is intended to serve;
(B) The year in which it is necessary to commence operations ofthe proposed new school or school addition;
(C) The timeline for the planning and construction of the newschool or school addition or remediation.
(iii) Projections for new land required for new schools includingland purchase, acquisition and site analysis;
(iv) Appropriate cost estimates;
(v) A plan for addressing district major building and facilityrepair and replacement needs as required under W.S. 21-15-109(e);
(vi) An inventory of buildings and facilities to be leased bythe district during the planning period, either as lessee or lessor, including thepurpose for which the leased buildings and facilities are to be used and if anyof this leased space will involve any district buildings or facilities includedwithin the statewide school facilities database maintained by the commissionunder W.S. 21-15-114(a)(vi);
(vii) Other information required by the commission to evaluateeach district's plan.
(b) Repealed By Laws 2008, Ch. 93, 2.
(c) Repealed By Laws 2008, Ch. 93, 2.
(d) The commission shall ensure each plan:
(i) Complies with state adequacy standards;
(ii) Reduces building and facility needs in the most efficientand cost effective manner in order to deliver quality educational services;
(iii) Considers nonconstruction alternatives;
(iv) Provides facilities capable of supporting the provision ofthe statewide educational program required by law of public schools.
(e) Any school district aggrieved by a decision of thecommission under this act may seek review in accordance with the WyomingAdministrative Procedure Act.
(f) In carrying out this act and in accordance with policiesadopted by the commission, the commission shall consult with the affectedschool districts and shall provide districts the opportunity to informallyreview facility plans, remedies and projects with the commission beforedistricts pursue administrative review under subsection (e) of this section.
21-15-117. Annual evaluation of school buildings and facilities;remediation schedule; needs prioritization; combining facilities;implementation of remedy.
(a) Through the identification of school building and facilityconditions and needs provided by the assessment conducted and maintained underW.S. 21-15-115, and a comparison of the identified conditions and needs withthe established statewide building adequacy standards and the district facilityplans developed under W.S. 21-15-116, the commission shall in coordination andcooperation with the districts, evaluate the adequacy of school buildings andfacilities within local school districts, and based upon this evaluation,establish a schedule for building and facility remediation. Remediation shallbring all buildings and facilities to conditions such that over time, onlyroutine maintenance is required to maintain building adequacy. The scheduleshall identify and prioritize building and facility remedies on a statewidebasis, based upon the following:
(i) Criteria for building capacity, building condition,educational suitability and technology readiness established by commission ruleand regulation, reviewed annually, based upon assessment results and findings,broken down by educational and noneducational building category;
(ii) Measures of building condition, educational suitability andtechnology readiness, including computed building capacity, as established bythe commission, which over time, bring statewide school buildings andfacilities to targeted adequate levels prescribed by the commission;
(iii) Analysis of student enrollment changes, as based uponcommission approved enrollment projection methodology, to determine the needfor changes in building capacities over time for compliance with statewideadequacy standards. Analysis u