ORIGINAL SENATE
FILE NO. SF0137
ENROLLED ACT NO. 37, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to school finance; extending the sunset
date for an increase in school district operating balances
and cash reserves; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21-13-313(e) is amended to read:
21-13-313. Distribution of funds from foundation
account; property tax and cash reserve adjustment;
regulations.
(e) Not later than January 31 of each fiscal year,
and except where a different percentage is otherwise
specified in this subsection, the department shall compute
the amount by which each district's operating balance and
cash reserves at the end of the preceding fiscal year
exceed fifteen percent (15%) of the total foundation
program amount computed under W.S. 21-13-309 for the
preceding fiscal year. In making this calculation, the
entire operating balance and cash reserves for each
district for the fiscal year ending June 30, 1997, as
computed by the department, shall be separately accounted
for and excluded, until it has been completely expended by
the district. Revenues from settlements of protested
amounts attributable to levies assessed under W.S.
21-13-102(a)(i)(A) and (ii)(A) and 21-13-201, regardless of
the assessment year, shall be accounted for and excluded
from the calculation under this subsection for a period of
not more than one (1) year following that fiscal year in
which the revenue was received by a district, as verified
in writing by the district and certified by the county
treasurer. Except as otherwise provided in 1997 Special
Session Laws, chapter 3, section 306(e), as amended, and
except as excluded under this subsection, that excess shall ORIGINAL SENATE
FILE NO. SF0137
ENROLLED ACT NO. 37, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
be deemed to be a state revenue under W.S. 21-13-310(a) for
the purpose of determining distributions under W.S.
21-13-311 and amounts to be rebated under W.S. 21-13-102.
The department shall promulgate rules, including reporting
requirements and procedures for districts, to implement
this subsection. As used in this section, "operating
balance and cash reserves" means those financial resources
of the district which are not encumbered by the district
board of trustees for expenditure to meet an existing legal
obligation or otherwise restricted by law or regulation for
expenditure on specific educational programs. For purposes
of this subsection, any balance within a district's
separate account established under W.S. 21-15-109(e) for
major building and facility repair and replacement shall be
deemed restricted by law for expenditure as provided by
W.S. 21-15-109(e) and shall not be considered an operating
balance and cash reserve under this section. For the fiscal
year ending June 30, 2022 through the fiscal year ending
June 30, 2026 , the department shall compute
the amount by which each district's operating balance and
cash reserves at the end of the preceding fiscal year
exceed thirty percent (30%) of the total foundation program
amount computed under W.S. 21-13-309 for the preceding
fiscal year. During this period, the amount of a district's
operating balance and cash reserves that may be increased
from fifteen percent (15%) to thirty percent (30%) of the
total foundation program amount computed under W.S.
21-13-309 for the preceding fiscal year shall be accounted
for and reported separately and shall not be transferred or
expended for purposes of capital construction. For purposes
of this subsection, "capital construction" does not include
major building and facility repair and replacement as
defined under W.S. 21-15-109(a)(iii). ORIGINAL SENATE
FILE NO. SF0137
ENROLLED ACT NO. 37, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3Section 2. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk