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"Draft Only - Approval Pending"
M I N U T E S
Select Committee on School Capital Construction
Room 302 November 29, 2001
State Capitol Building Cheyenne, Wyoming
PRESENT: Senator Irene Devin, Cochairman;
Representative Jim "Bubba" Shivler, Cochairman;
Senators Jim Anderson, Rich Cathcart 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.
ABSENT: Senator Hank Coe.
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 Massie made a motion to approve the minutes of the October 23, 2001, Select Committee meeting. Representative Simpson seconded the motion and the motion carried unanimously.
School Building Seismic Conditions Report
Based upon a recent seismic mapping by the United State Geological Survey of zones prone to seismic activity, and the fact that portions of Wyoming are included in areas zoned at risk of seismic activity, the Select Committee, at its October meeting, requested a review of options available to the state in addressing seismic review of school buildings.
Dodds Cromwell, MGT of America, reported various approaches to review and evaluate the seismic condition of school buildings. A visual screening of buildings in accordance with a structured format was recommended, which could be conducted for those buildings used for educational programs or otherwise occupied, and built prior to recent building codes that address seismic conditions.
Following discussion, CoChair Devin suggested an immediate review be conducted of buildings located within identified seismic risk areas through funds available within the emergency contingency account. CoChair Shivler added the Select Committee also expand the state building condition assessment to include seismic ratings. Representative Simpson so moved, and Senator Anderson seconded the motion. The motion carried. Staff was directed to accordingly notify the State Superintendent.
02LSO-0159.W3, "School capital construction."
Provisions with 02LSO-0159.W3, as amended by the Select Committee during October 23 meeting deliberations, was discussed and reviewed. A copy of the draft legislation is attached as Appendix C. The following amendments were considered:
Representative Simpson moved adoption of the following amendment:
Page 7-line 11Delete "disposition and" insert "to dispose, use, lease or".
Senator Massie seconded the motion and the motion carried.
Representative Simpson moved adoption of the following amendment:
Page 7-line 10Delete "Prescribe a process" and insert "Develop criteria and procedures".
The motion failed for lack of a second.
Representative Simpson moved adoption of the following amendment:
Page 7-lines 14 through 16Delete and insert "The cost and revenues shall be accounted for in any local district facility plan. Any revenues considered pursuant to W.S. 21‑13‑310(a)(xv) shall not be allocated under this paragraph.".
Senator Massie seconded the motion and the motion carried. Staff was directed to similarly amend provisions at page 14-lines 5 through 9 and to clarify language as necessary.
Senator Massie moved adoption of the following amendment:
Page 38-line 18 Delete "associated with" insert "created by".
Representative Baker seconded the motion and the motion carried.
Senator Massie moved adoption of the "transition" amendment attached at Appendix D. Representative Simpson seconded the motion and the motion carried.
Representative Baker moved adoption of the appropriation amounts specified in Appendix E for the transition process. Senator Anderson seconded the motion and the motion carried. Senator Anderson requested staff provide additional information on derivation of amounts so appropriated.
Ray Hunkins, State's Counsel
Mr. Raymond B. Hunkins, State's Counsel for school finance litigation, discussed his response to questions submitted by Deputy State Superintendent Simpson pertaining to issues within the October 2, 2001, Supreme Court decision on rehearing, a copy of which is attached as Appendix F. Discussion focused on application of the mill levy supplement and bond guarantee programs to school district bonded indebtedness issued both before and after the February 23 Supreme Court decision, and upon state adequacy levels and local enhancements to established adequacy levels. Additional discussion addressed capital construction projects currently under consideration by the Joint Appropriations Committee, as well as projects considered during the transitional period from the existing capital construction system to any new system.
02LSO-0159.W3-continued
Senator Massie moved the adoption of the "building prototypes" amendment at page 7-After line 16 only, a copy of which is attached at Appendix G. Representative Simpson seconded the motion and the motion carried.
Representative Baker moved adoption of the remaining portion of the attached "building prototypes" amendment at page 22-After line 23. The motion failed for lack of a second.
Senator Cathcart moved the adoption of the following amendment:
Page 3-line 5Delete "Public finance" insert "Estimating, bidding and building construction".
CoChair Shivler seconded the motion and the motion carried.
Senator Cathcart moved the adoption of the following amendment:
Page 3-line 9After "trustees" delete balance of line.
Page 3-line 10Delete "district".
Further, staff was directed to amend subsection (b) at page 3 to limit commission membership to not more than one appointed school district employee. Senator Anderson seconded the motion and the motion carried.
Senator Cathcart moved the adoption of the following amendment:
Page 11-line 9After "facilities" insert "seismic rating and structural integrity".
Representative Baker seconded the motion and the motion carried.
Senator Anderson moved the building site provisions and requirements at page 9-line 13, page 11-lines 20 and 21 and at page 15-line 9 and 10, as appropriate, be amended to specifically require site analysis and to include consideration of site purchase and acquisition costs. CoChair Devin seconded the motion and the motion carried. Staff was directed to accordingly proceed.
CoChair Devin moved the adoption of the following amendment:
Page 8-line 2 Delete "school".
Senator Cathcart seconded the motion and the motion carried.
Senator Massie moved the adoption of the following amendment:
Page 8-line 24 After "municipal" insert "or county".
Representative Simpson seconded the motion and the motion carried.
Senator Massie moved the adoption of the following amendment:
Page 21-After line 12 insert:
"(c) In determining the most cost-effective method in meeting capital construction needs, the commission may recommend consolidating educational facilities within, between or among districts. The legislature shall approve any consolidation of educational facilities between two (2) or more districts.".
Representative Baker seconded the motion and the motion carried.
Senator Cathcart moved the adoption of the following amendment:
Page 8-line 1 After "shall" insert "select and".
Senator Massie seconded the motion and the motion carried.
CoChair Devin moved adoption of 02LSO-0159.W3, as amended, under Select Committee sponsorship for introduction in the 2002 Session. Senator Massie seconded the motion. The motion carried unanimously under roll call vote attached at Appendix H. The house of introduction will be established by the CoChairs.
02LSO-0207.W2, "School capital construction-local bonding."
Provisions within draft legislation addressing application of the mill levy supplement and bond guarantee programs to local indebtedness incurred both before and after Court rulings was revised pursuant to the October 23 meeting, a copy of which is attached as Appendix I. The following amendments were considered:
CoChair Devin moved for the adoption of the "bond refunding" amendment, a copy of which is attached as Appendix J. Representative Baker seconded the motion and the motion carried.
Representative Simpson moved the adoption of the following amendment:
Page 4-line 7After "facilities" insert "." and delete balance of line.
Page 4-line 8Strike "is" insert
"are".
Representative Baker seconded the motion and the motion carried.
Senator Massie moved the adoption of the following amendment:
Page 4-line 16After "funding" insert "for building and facility features that are"; delete "available".
Page 4-lines 17 through 19Delete and insert "buildings and facilities standards.".
CoChair Devin seconded the motion and the motion carried.
CoChair Devin moved the adoption of the following amendment:
Page 2-line 7Delete line through "only" insert "on or before November 1, 2001, only".
Senator Massie seconded the motion and the motion carried.
CoChair Devin moved adoption of 02LSO-0207.W2, as amended, under Select Committee sponsorship for introduction in the 2002 Session. Senator Massie seconded the motion and the motion carried unanimously under roll call vote as attached at Appendix K. The house of introduction will be established by the Committee CoChairs at a later date.
Adjournment
CoChair Shivler adjourned the Select Committee at 4:55 p.m.
Respectfully submitted,
____________________________ _________________________________
Senator Irene Devin, Representative Bubba Shivler,
Committee CoChair Committee CoChair