M I N U T E S

Select Committee on School Facilities

Room 204   July 16, 2004

State Capitol Building        Cheyenne, Wyoming

PRESENT:      Representative Mike Baker, Cochairman;

Senators Jim Anderson, John Hines and Mike Massie;

Representatives Saundra Meyer, Ann Robinson and Jane Wostenberg.

EXCUSED:     Senator Irene Devin, Cochairman;

                        Senator Hank Coe and Representative Stan Cooper.

            Legislative Service Office: Dave Nelson.

            Other Legislators In Attendance: Senator Kathy Sessions.

            Others:  See attached Appendix A.

*  *  *  *  *

Representative Mike Baker, Select Committee CoChair, convened the Select School Facilities Committee at 3:35 p.m.

In response to a request from CoChair Baker, Mike O'Donnell, Governor's Planning Office and State's Counsel for School Finance Litigation, updated Select Committee members on litigation impacting the Wyoming school facilities process.  Grievances filed by Big Horn School District No. 1 and Sweetwater School District No. 2 with respect to state administrative issues under the Wyoming Administrative Procedure Act, have been settled with the School Facilities Commission.  However, the state continues to anticipate legal challenges to the school facilities process.  It is the hope of state's counsel that litigation can be diminished such that the facilities process is allowed to proceed.  State's counsel indicated that although communities within the state have been anxious as to the future of school facilities which have historically served school and community interests, the process has generally allowed for remedies which continue to serve the needs and interests of both.

CoChair Baker inquired as to challenges to local enhancement funding, to which Mr. O'Donnell replied communities are struggling with changes brought about by state guidelines and increased state control under the current school facilities process.  Expanding, Mr. O'Donnell indicated the concern is with the gap created by facilities which meet current state facility guidelines and facilities which have historically served community cultural needs.  Mr. O'Donnell suggested consideration of mechanisms which would provide relief at the community level, which would not be tied to the school facility process, and which would enable communities to maintain cultural facilities previously enjoyed through school district facilities.

The following Select Committee observations were noted:

·         Senator Hines questioned the need to provide a state process to review district building enhancements above levels set by state standards;

·         Representative Meyer emphasized the need to provide maintenance funding under any community facility funding mechanism proposal in addition to major capital outlay funding;

·         Representative Wostenberg noted the necessity of obtaining local comment on any proposed funding mechanism;

·         Senator Massie questioned the necessity of state assistance beyond existing funding mechanisms under the school facilities process, the major maintenance program and routine maintenance under operational funding.

CoChair Baker acknowledged Select Committee concerns and indicated issues will be discussed at future Select Committee meetings.  The Select Committee was adjourned at 4:10 p.m.

Respectfully submitted,

____________________________

Representative Mike Baker,

Select Committee CoChair