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"Draft Only - Approval Pending"
M I N U T E S
Select Committee on School Capital Construction
Room 302 October 23, 2001
State Capitol Building Cheyenne, Wyoming
PRESENT: Senator Irene Devin, Cochairman;
Representative Jim "Bubba" Shivler, Cochairman;
Senators Jim Anderson, Rich Cathcart, Hank Coe and Mike Massie;
Representatives Mike Baker, Layton Morgan, Ann Robinson and Colin Simpson;
Legislative Service Office: Mary Byrnes and Dave Nelson.
Others Present: See attached Appendix A.
AGENDA: Please see attached Appendix B.
* * * * *
Senator Irene Devin, Select Committee Cochairman, called the Committee to order at 8:40 a.m.
NOTE: Please reference the transcripts for all motions and verbatim discussion of school capital construction issues referenced herein. The transcripts are on file with the Legislative Service Office under Appendix C attached to this report.
Approval of Minutes
Senator Coe made a motion to approve the minutes of the May 14, 2001, and August 30, 2001, Select Committee meetings. Senator Cathcart seconded the motion and the motion carried unanimously.
Discussion of Supreme Court Decision on Rehearing
Mr. Raymond B. Hunkins, State's Counsel for school finance litigation, summarized major findings contained within the October 2, 2001, Supreme Court decision on rehearing pertaining to capital construction issues within State v Campbell County School District #1. Comments made by Mr. Hunkins focused on the latitude provided the legislature under the decision on rehearing with respect to the legislative plan to address building inadequacies, the time frame and dollar amounts required for the plan, and the criteria for determining school building adequacy. It was noted the state is not responsible for district enhancements to buildings above the state-established adequacy level, and that the state is not obligated to incorporate any local enhancement into state determined adequacy levels or standards. Further, the Legislature can require districts to be responsible for maintenance of local enhancements to buildings.
In response to inquiries from Committee members, Mr. Hunkins stated the amendments to state capacity standards enacted by the 2001 Legislature apply to projects currently before the Joint Appropriations Committee (pipeline projects). Mr. Hunkins indicated a response to the impact of the decision upon bonded indebtedness incurred by districts for financing pipeline projects would be forthcoming.
State Facility Guidelines Review
Dodds Cromwell, MGT, submitted a report to the Committee on state facilities guidelines currently used in reviewing and assessing state construction projects, a copy of which is attached as Appendix D. Findings suggest state gross square footage standards are appropriate for schools above 350 students, but smaller schools require different standards. Further, the report recommends design capacity not be limited by prior year enrollments, but by enrollment projections, and that the guidelines detail appropriate methods of computing design capacity. Finally, the state guidelines require additional discussion on requirements for school auditoriums as well as the proper requirements for additional gymnasiums. The report urges the state guidelines be revised and to include input from educational program planners as well as facility planners.
CoChair Shivler submitted a comparison of state new school construction costs with national averages and surrounding states, a copy of which is attached as Appendix E.
02LSO-0159.W2, "School capital construction."
Major provisions within 02LSO-0159.W2, draft legislation establishing a structure and process for school capital construction, were presented by Committee staff and discussed. A summary of provisions is attached as Appendix F, and a copy of the draft legislation is attached as Appendix G. During Committee discussion, the following requests for amendment were made:
Page 2-lines 9 through 11 Rearrange to clarify that no one commission member is required to have knowledge and experience in more than one specified area.
Page 2-line 13 Delete "School".
Page 2-line 16 Delete "School".
Page 4-line 1 Delete "fifty".
Page 4-line 2 Delete "dollars ($50.00)" insert "one hundred twenty-five dollars ($125.00)".
Page 6-line 1 After "review" insert "and approve".
Page 6-line 5 After "review" insert "and approve".
Page 6-lines 4 through 6Clarify that the state is not responsible for complying with construction project timelines and project completion.
Page 6-line 15 Delete "a process" insert "criteria and procedures".
Page 6-line 16 After "determine" delete balance of line and insert "whether and how any local enhancements should be incorporated into the".
Page 7-lines 2 through 4Revise commission director qualifications by reducing specific statutory requirements.
Page 7-lines 17 through 21. Incorporate language from existing law pertaining to statewide standards under W.S. 21‑15‑107(a)(intro).
Page 9-line 21 Delete.
Page 9-line 22 Delete line through ".".
Page 11-line 4 Delete "established" insert "criteria and procedures developed".
Page 11-line 5 After first "to" delete balance of line and insert "whether and how any local enhancements should be".
Page 12-lines 1 though 21 Require state involvement with local disposition and demolition of buildings and facilities to be closed.
Page 15-line 20Provide some flexibility for compliance with 60-day review period by commission of local district facility plans.
Page 15-line 24Delete "restructure" insert "modify".
Page 16-line 5 After "the" insert "rejection".
Page 16-line 15After "." delete balance of line and require judicial review of commission action on district facility plans.
Page 16-lines 16 and 17Delete.
Page 17-line 21Delete "Scores for" insert "Measures of".
Page 17-line 23Delete "using" insert ",".
Page 17-line 24Delete line through first ",".
Page 18-line 4 Delete "growth" insert "changes".
Page 18-line 6 Delete "additional" insert "changes in".
Page 18-line 7 Delete "capacity" insert "capacities".
Page 18-line 15Before ";" insert "and to conditions in those buildings which impede the delivery of the required statewide educational program".
Page 32-lines 11 through 16 Delete.
Page 37-line 19Delete "the" insert "no".
Page 37-line 20Delete "not".
Page 37-line 22After "enhancement" insert "or a portion thereof".
Page 51-line 24Delete "July 1," insert "upon appointment,"
Page 52-line 1 Delete "2002,".
CoChair Shivler directed staff revise the draft in accordance with Committee requests. Additionally, the CoChair requested staff respond to Committee concerns with building ownership under the draft and in light of the Supreme Court decision on rehearing, and to concerns with requiring districts to enter into lease arrangements upon Commission directive under the bill draft.
02LSO-0207.W1, "School capital construction-local bonding."
Provisions within draft legislation addressing application of the mill levy supplement and bond guarantee programs to local indebtedness incurred subsequent to Court rulings were presented and discussed, a copy of which is attached as Appendix H.
Senator Coe moved adoption of the following amendment:
Page 3-line 6 Delete "a" insert "at least two (2)"; delete "hearing" insert "hearings".
Page 4-line 14 Delete "one (1)" insert "two (2)"; delete "hearing" insert "hearings".
Representative Baker seconded the motion and the motion carried.
Both 02LSO-0159 and 02LSO-0207, as revised, will be considered at the next Select Committee meeting.
State Financing Options
State Treasurer Cynthia Lummis addressed Select Committee members on a proposed school capital construction and capital financing package. The proposal was developed subsequent to the August 30 financing discussions with the Select Committee and Mr. Keith Curry, state investment consultant, and presents an option to the legislature in funding future school capital construction needs. A summary of the package was distributed, a copy of which is attached under Appendix J. The proposal will be presented to the Select Capital Finance and Investments Committee and to other legislative committees involved in school capital construction issues.
Mary Byrnes, LSO staff, provided Select Committee members an analysis of school capital construction costs referenced by the Supreme Court in its February and October decisions. Copies of distributed materials are attached at Appendix K. In addition, the statutorily required school buildings in immediate needs list for 2001 was submitted by the State Superintendent, a copy of which is attached at Appendix M.
Other Business
CoChair Shivler requested MGT provide a report on seismic impacts upon building adequacy and the development of future seismic criteria as part of building review requirements for consideration at the next Select Committee meeting. It was announced the next meeting will be scheduled at the call of the CoChairs.
Adjournment
CoChair Shivler adjourned the Select Committee at 4:15 p.m.
Respectfully submitted,
____________________________ _________________________________
Senator Irene Devin, Representative Bubba Shivler,
Committee CoChair Committee CoChair