1 | | - | ORIGINAL SENATE |
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2 | | - | FILE NO. SF0137 |
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3 | | - | ENROLLED ACT NO. 37, SENATE |
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4 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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5 | | - | 2025 GENERAL SESSION |
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6 | | - | 1 |
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7 | | - | AN ACT relating to school finance; extending the sunset |
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8 | | - | date for an increase in school district operating balances |
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9 | | - | and cash reserves; and providing for an effective date. |
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10 | | - | Be It Enacted by the Legislature of the State of Wyoming: |
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11 | | - | Section 1. W.S. 21-13-313(e) is amended to read: |
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12 | | - | 21-13-313. Distribution of funds from foundation |
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13 | | - | account; property tax and cash reserve adjustment; |
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14 | | - | regulations. |
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15 | | - | (e) Not later than January 31 of each fiscal year, |
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16 | | - | and except where a different percentage is otherwise |
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17 | | - | specified in this subsection, the department shall compute |
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18 | | - | the amount by which each district's operating balance and |
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19 | | - | cash reserves at the end of the preceding fiscal year |
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20 | | - | exceed fifteen percent (15%) of the total foundation |
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21 | | - | program amount computed under W.S. 21-13-309 for the |
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22 | | - | preceding fiscal year. In making this calculation, the |
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23 | | - | entire operating balance and cash reserves for each |
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24 | | - | district for the fiscal year ending June 30, 1997, as |
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25 | | - | computed by the department, shall be separately accounted |
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26 | | - | for and excluded, until it has been completely expended by |
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27 | | - | the district. Revenues from settlements of protested |
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28 | | - | amounts attributable to levies assessed under W.S. |
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29 | | - | 21-13-102(a)(i)(A) and (ii)(A) and 21-13-201, regardless of |
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30 | | - | the assessment year, shall be accounted for and excluded |
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31 | | - | from the calculation under this subsection for a period of |
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32 | | - | not more than one (1) year following that fiscal year in |
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33 | | - | which the revenue was received by a district, as verified |
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34 | | - | in writing by the district and certified by the county |
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35 | | - | treasurer. Except as otherwise provided in 1997 Special |
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36 | | - | Session Laws, chapter 3, section 306(e), as amended, and |
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37 | | - | except as excluded under this subsection, that excess shall ORIGINAL SENATE |
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38 | | - | FILE NO. SF0137 |
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39 | | - | ENROLLED ACT NO. 37, SENATE |
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40 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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41 | | - | 2025 GENERAL SESSION |
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42 | | - | 2 |
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43 | | - | be deemed to be a state revenue under W.S. 21-13-310(a) for |
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44 | | - | the purpose of determining distributions under W.S. |
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45 | | - | 21-13-311 and amounts to be rebated under W.S. 21-13-102. |
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46 | | - | The department shall promulgate rules, including reporting |
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47 | | - | requirements and procedures for districts, to implement |
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48 | | - | this subsection. As used in this section, "operating |
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49 | | - | balance and cash reserves" means those financial resources |
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50 | | - | of the district which are not encumbered by the district |
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51 | | - | board of trustees for expenditure to meet an existing legal |
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52 | | - | obligation or otherwise restricted by law or regulation for |
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53 | | - | expenditure on specific educational programs. For purposes |
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54 | | - | of this subsection, any balance within a district's |
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55 | | - | separate account established under W.S. 21-15-109(e) for |
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56 | | - | major building and facility repair and replacement shall be |
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57 | | - | deemed restricted by law for expenditure as provided by |
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58 | | - | W.S. 21-15-109(e) and shall not be considered an operating |
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59 | | - | balance and cash reserve under this section. For the fiscal |
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60 | | - | year ending June 30, 2022 through the fiscal year ending |
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61 | | - | June 30, 2026 , the department shall compute |
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62 | | - | the amount by which each district's operating balance and |
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63 | | - | cash reserves at the end of the preceding fiscal year |
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64 | | - | exceed thirty percent (30%) of the total foundation program |
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65 | | - | amount computed under W.S. 21-13-309 for the preceding |
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66 | | - | fiscal year. During this period, the amount of a district's |
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67 | | - | operating balance and cash reserves that may be increased |
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68 | | - | from fifteen percent (15%) to thirty percent (30%) of the |
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69 | | - | total foundation program amount computed under W.S. |
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70 | | - | 21-13-309 for the preceding fiscal year shall be accounted |
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71 | | - | for and reported separately and shall not be transferred or |
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72 | | - | expended for purposes of capital construction. For purposes |
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73 | | - | of this subsection, "capital construction" does not include |
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74 | | - | major building and facility repair and replacement as |
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75 | | - | defined under W.S. 21-15-109(a)(iii). ORIGINAL SENATE |
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76 | | - | FILE NO. SF0137 |
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77 | | - | ENROLLED ACT NO. 37, SENATE |
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78 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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79 | | - | 2025 GENERAL SESSION |
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80 | | - | 3Section 2. This act is effective July 1, 2025. |
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81 | | - | (END) |
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82 | | - | Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________ |
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83 | | - | I hereby certify that this act originated in the Senate. |
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84 | | - | Chief Clerk |
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| 1 | + | 2025 |
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| 2 | + | STATE OF WYOMING |
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| 3 | + | 25LSO-04261SF0137 |
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| 4 | + | SENATE FILE NO. SF0137 |
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| 5 | + | School finance-cash reserves. |
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| 6 | + | Sponsored by: Senator(s) Dockstader, Landen and Schuler and |
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| 7 | + | Representative(s) Byron and Erickson |
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| 8 | + | A BILL |
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| 9 | + | for |
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| 10 | + | 1 AN ACT relating to school finance; extending the sunset |
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| 11 | + | 2 date for an increase in school district operating balances |
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| 12 | + | 3 and cash reserves; and providing for an effective date. |
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| 13 | + | 4 |
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| 14 | + | 5 |
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| 15 | + | 6 |
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| 16 | + | 7. W.S. 21-13-313(e) is amended to read: |
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| 17 | + | 8 |
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| 18 | + | 9 |
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| 19 | + | 10 |
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| 20 | + | 11 |
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| 21 | + | 12 |
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| 22 | + | 13 (e) Not later than January 31 of each fiscal year, |
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| 23 | + | 14 and except where a different percentage is otherwise |
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| 24 | + | 15 specified in this subsection, the department shall compute 2025STATE OF WYOMING25LSO-04262SF0137 |
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| 25 | + | 1 the amount by which each district's operating balance and |
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| 26 | + | 2 cash reserves at the end of the preceding fiscal year |
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| 27 | + | 3 exceed fifteen percent (15%) of the total foundation |
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| 28 | + | 4 program amount computed under W.S. 21-13-309 for the |
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| 29 | + | 5 preceding fiscal year. In making this calculation, the |
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| 30 | + | 6 entire operating balance and cash reserves for each |
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| 31 | + | 7 district for the fiscal year ending June 30, 1997, as |
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| 32 | + | 8 computed by the department, shall be separately accounted |
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| 33 | + | 9 for and excluded, until it has been completely expended by |
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| 34 | + | 10 the district. Revenues from settlements of protested |
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| 35 | + | 11 amounts attributable to levies assessed under W.S. |
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| 36 | + | 12 21-13-102(a)(i)(A) and (ii)(A) and 21-13-201, regardless of |
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| 37 | + | 13 the assessment year, shall be accounted for and excluded |
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| 38 | + | 14 from the calculation under this subsection for a period of |
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| 39 | + | 15 not more than one (1) year following that fiscal year in |
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| 40 | + | 16 which the revenue was received by a district, as verified |
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| 41 | + | 17 in writing by the district and certified by the county |
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| 42 | + | 18 treasurer. Except as otherwise provided in 1997 Special |
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| 43 | + | 19 Session Laws, chapter 3, section 306(e), as amended, and |
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| 44 | + | 20 except as excluded under this subsection, that excess shall |
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| 45 | + | 21 be deemed to be a state revenue under W.S. 21-13-310(a) for |
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| 46 | + | 22 the purpose of determining distributions under W.S. |
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| 47 | + | 23 21-13-311 and amounts to be rebated under W.S. 21-13-102. 2025STATE OF WYOMING25LSO-04263SF0137 |
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| 48 | + | 1 The department shall promulgate rules, including reporting |
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| 49 | + | 2 requirements and procedures for districts, to implement |
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| 50 | + | 3 this subsection. As used in this section, "operating |
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| 51 | + | 4 balance and cash reserves" means those financial resources |
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| 52 | + | 5 of the district which are not encumbered by the district |
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| 53 | + | 6 board of trustees for expenditure to meet an existing legal |
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| 54 | + | 7 obligation or otherwise restricted by law or regulation for |
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| 55 | + | 8 expenditure on specific educational programs. For purposes |
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| 56 | + | 9 of this subsection, any balance within a district's |
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| 57 | + | 10 separate account established under W.S. 21-15-109(e) for |
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| 58 | + | 11 major building and facility repair and replacement shall be |
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| 59 | + | 12 deemed restricted by law for expenditure as provided by |
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| 60 | + | 13 W.S. 21-15-109(e) and shall not be considered an operating |
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| 61 | + | 14 balance and cash reserve under this section. For the fiscal |
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| 62 | + | 15 year ending June 30, 2022 through the fiscal year ending |
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| 63 | + | 16 |
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| 64 | + | 17 the amount by which each district's operating balance and |
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| 65 | + | 18 cash reserves at the end of the preceding fiscal year |
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| 66 | + | 19 exceed thirty percent (30%) of the total foundation program |
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| 67 | + | 20 amount computed under W.S. 21-13-309 for the preceding |
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| 68 | + | 21 fiscal year. During this period, the amount of a district's |
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| 69 | + | 22 operating balance and cash reserves that may be increased |
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| 70 | + | 23 from fifteen percent (15%) to thirty percent (30%) of the 2025STATE OF WYOMING25LSO-04264SF0137 |
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| 71 | + | 1 total foundation program amount computed under W.S. |
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| 72 | + | 2 21-13-309 for the preceding fiscal year shall be accounted |
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| 73 | + | 3 for and reported separately and shall not be transferred or |
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| 74 | + | 4 expended for purposes of capital construction. For purposes |
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| 75 | + | 5 of this subsection, "capital construction" does not include |
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| 76 | + | 6 major building and facility repair and replacement as |
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| 77 | + | 7 defined under W.S. 21-15-109(a)(iii). |
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| 78 | + | 8 |
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| 79 | + | 9. This act is effective July 1, 2025. |
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| 80 | + | 10 |
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| 81 | + | 11 (END) |
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