HB0035 - School capital construction-emergency assistance.

 

2001

State of Wyoming

01LSO-0185.E1 ENGROSSED

 

 

 

HOUSE BILL NO.  HB0035

 

 

School capital construction-emergency assistance.

 

Sponsored by:  Joint Education Interim Committee

 

 

A BILL

 

for

 

 1  AN ACT relating to school capital construction; modifying
 2  emergency assistance provided under the school capital
 3  construction program; establishing an emergency contingency
 4  account; providing an appropriation; and providing for an
 5  effective date.

 6 

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

 8 

 9         Section 1.  W.S. 21-15-107(g)(iv) and 21-15-111(h) and
10  by creating a new subsection (q) are amended to read:

11 

12         21-15-107.  Statewide standards for school building
13  and facility adequacy; capital construction advisory group;
14  adequacy assessment; determination of building
15  deficiencies; annual reporting requirements.

16 

 

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 1         (g)  On or before October 1 of each year, the state
 2  superintendent shall report to members of the joint
 3  education interim committee and the joint appropriations
 4  interim committee, to the extent practicable at a joint
 5  meeting the following information:

 6 

 7              (iv)  A list of applications for emergency
 8  assistance and the disposition of those applications
 9  including expenditures from the emergency contingency
10  account within the school capital construction account
11  under W.S. 21-15-111(q).

12 

13         21-15-111.  State capital construction assistance.

14 

15         (h)  Notwithstanding subsections (b) and (c) of this
16  section, the state superintendent shall promulgate rules
17  under which a school district may submit an application for
18  capital construction assistance where an emergency exists
19  such that the ability of a district to provide educational
20  programs required by law is substantially impacted and
21  assistance under W.S. 21-15-110 is not sufficient. The
22  state superintendent shall forward the application to the
23  governor and joint education interim committee review the
24  application and determine if he finds that:(i) an emergency

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 1  exists with respect to the adequacy of school facilities
 2  such that the ability of a district to provide educational
 3  programs required by law is immediately and substantially
 4  impacted;(ii)  The emergency occurred or was discovered
 5  under circumstances that made it impractical to submit an
 6  application under subsection (b) of this section for a
 7  project to address it;(iii)  Due to the immediate and
 8  substantial impact caused by the emergency,and no
 9  reasonable alternative exists to address it other than
10  state capital construction emergencyassistance.

11 

12         (q)  Upon a finding that an emergency exists under
13  subsection (h) of this section, the state superintendent
14  shall in accordance with rules and regulations promulgated
15  by the state superintendent under this subsection, make
16  expenditures from the emergency contingency account within
17  the school capital construction account for emergency
18  assistance to the applicant district.  Expenditures from
19  the contingency account pursuant to this subsection shall
20  be limited to the acquisition or use of facilities, the
21  acquisition of equipment, facility repairs, additional
22  operating expenses incurred in providing temporary measures
23  and other responses to the emergency situation including
24  necessary investigative and qualified contract assistance

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 1  expenses incurred by the state superintendent, to enable
 2  the district to provide educational programs required by
 3  law on a temporary basis until permanent action can be
 4  taken to address building adequacy.

 5 

 6         Section 2.  W.S. 21-15-111(m)(iv) and (n)(iii) is
 7  repealed.

 8 

 9         Section 3.  Five hundred thousand dollars
10  ($500,000.00) is appropriated from the school capital
11  construction account to the emergency contingency account
12  established under W.S. 21-15-111(q), as amended by section
13  1 of this act.

14 

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

19 

20                         (END)

 

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