Title 21 · WY

21-15-109 for the same budget period are insufficient to repair,

Citation: Wyo. Stat. § 21-15-109

Section: 21-15-109

21-15-109 for the same budget period are insufficient to repair, replace or upgrade a poor component, equipment or system of a school building or facility, the recommended budget may separately identify and request additional amounts necessary to repair, replace or upgrade the poor component, equipment or system. Except as otherwise provided by law, any supplemental funding appropriated in response to a budget recommendation submitted under this paragraph shall be conditioned on the school district amounts available in the separate account established under W.S. 21-15-109(e) for major building and facility repair and replacement;

(ii) Financing alternatives for funding the recommended budget, which uses any combination of the following financing alternatives:

(A) Direct payment from the public school foundation program account;

(B) Proceeds from state revenue bonds issued under W.S. 21-15-108;

(C) Real property leasing under W.S. 21-15-112. Any payments for real property leasing shall be made from the public school foundation program account subject to W.S. 21-15- 112. For the purpose of this section, real property leasing includes payments sufficient for the exercise of a purchase option under the lease.

(iii) In odd-numbered years, the commission's recommendation on September 1 shall be for expenditures during the two (2) succeeding fiscal years. The recommendation for the second year shall be based on estimates of expenditures and payments. In even-numbered years, the commission's recommendation on September 1 shall be for expenditures during the succeeding fiscal year. As it determines to be necessary in any year, the commission's recommendation on September 1 may contain a recommendation for revised expenditures during the current fiscal year.

(b) The department may enter into agreements under which the department may make payments on behalf of a school district with respect to the district's lease of school facilities under W.S. 21-15-112. The department may also enter into any agreement with a nonprofit corporation or other entity necessary to ensure that a district can lease facilities under W.S. 21-15-112.

(c) Budgets submitted by the commission under subsection (a) of this section shall be attached to specified projects for the applicable budget period and shall separately identify amounts for design phase projects and construction phase projects. With the approval of the governor, the department may transfer up to fifteen percent (15%) of the total funds appropriated between project phases. Any modification of expenditures between project phases shall be reported to the select committee in accordance with W.S. 28-11-301(c)(iv). Additionally, the commission may for any budget period specify amounts within its budget which are recommended to cover inflation, unanticipated costs, off-site infrastructure costs and other such contingency or special project costs provided the additional costs are reported and approved in accordance with W.S. 28-11-301(c)(iv). Nothing in this subsection shall prohibit the legislature from making one (1) appropriation for both the design and construction phases for a project.

(d) Amounts appropriated by the legislature shall not be construed to be an entitlement or guaranteed amount and shall be expended by the department in accordance with facility design standards and guidelines to ensure adequate, efficient and cost effective school buildings and facilities as required by W.S.