State Codes and Statutes

Statutes > Wyoming > Title21 > Chapter18

CHAPTER 18 - COMMUNITY COLLEGES

 

ARTICLE 1 - GENERALLY

 

21-18-101. Short title.

 

This act shall be known and may be cited asthe "Wyoming Community College System Code."

 

21-18-102. Definitions.

 

(a) As used in this act:

 

(i) "Academic program" means those programs approvedby the commission which provide credits resulting in a two (2) year associatedegree or which may be transferred to an accredited four (4) year college oruniversity;

 

(ii) "Administrative computing," means hardware andsoftware components that support data processing activities for daily businessoperations and provide support for management information systems.Administrative computing shall be distinct from academic computing operationsthat support instructional programs;

 

(iii) "Assessed value" means the total assessed valueof any community college district;

 

(iv) "Biennial funding report" means the current fundsestimated by each college to be expended in a biennial period. For purposes ofthis paragraph, "current funds" shall be as defined by the nationalassociation of college and university business officers;

 

(v) "College system" means the community colleges andthe community college commission established pursuant to this act;

 

(vi) "Commission" means the community collegecommission of Wyoming;

 

(vii) "Community college" means an institutionestablished under this act;

 

(viii) "Community college district" means a bodycorporate established by statute as a subdivision of a county or counties thatestablishes or maintains a community college;

 

(ix) "Community service programs" means all programs,class activities and services sponsored by a college which are not for creditor part of an academic, vocational-technical or continuing education program;

 

(x) "Continuing education programs" means thoseprograms, class activities and services sponsored by a college which providejob skills necessary to remain in or advance as a member of the work forcewhich do not result in degrees or certificates;

 

(xi) "Coordination" means to facilitate collaborativeinteraction among state government, the boards of the individual communitycolleges, the community college commission and other entities;

 

(xii) "Full-time equivalency" means the number ofapproved academic or vocational-technical credit hours for each class for whichstudents are enrolled divided by twelve (12);

 

(xiii) "Governing board" or "board" means thecommunity college district board;

 

(xiv) "School district" means any school districtestablished pursuant to the laws of this state excluding community colleges andcommunity college districts;

 

(xv) "Vocational-technical programs" means thoseprograms approved by the commission which provide job skills necessary toenter, remain in or advance as a member of the work force and result in degreesor certificates;

 

(xvi) "This act" means W.S. 21-18-101 through21-18-317.

 

21-18-103. Transfer of property from existing to newly establishedcommunity college district; indebtedness and obligations to pass to new collegedistrict.

 

Whenevera community college district is established and created and includes territorycomprising a community college district already supporting and operating acommunity college, the board of trustees of the existing community collegedistrict shall immediately, by proper conveyance, transfer unto the newcommunity college district all of the assets, both real and personal, used inthe operation of, or in any manner connected with, the former college. Theproperty shall become the property of the new college district and any and allindebtedness or obligations, in any manner created, in relation to the propertyso transferred shall automatically, by operation of law, become theindebtedness or obligations of the new college district as if originallycreated by action of the new college district.

 

21-18-104. Small business development centers.

 

Thesmall business development centers shall be operated by the University ofWyoming. The university shall specify the organizational structure of thenetwork of centers in consultation with the Wyoming business council created byW.S. 9-12-103. The university shall integrate the operations of the centerswith the Wyoming business council to the fullest extent permitted by federallaw.

 

21-18-105. Budget authority.

 

(a) The community college commission shall include in itsbudget request funding for Wyoming public television.

 

(i) Repealed by Laws 1995, ch. 20, 2.

 

(ii) Repealed by Laws 1995, ch. 20, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 1997, ch. 178, 2.

 

(b) The central Wyoming community college district board shalloversee the operations of Wyoming public television. The board shall assistWyoming public television to provide educational, cultural and informationalprogramming to the residents of this state.

 

(c) In addition to subsection (a) of this section, thecommunity college commission shall administer and shall include in its budgetrequest funding for the following programs:

 

(i) Adult basic education program; and

 

(ii) General educational development program.

 

ARTICLE 2 - COMMUNITY COLLEGE COMMISSION

 

21-18-201. Community college commission; created; composition; removal.

 

(a) The Wyoming community college commission is created.

 

(b) The commission consists of seven (7) appointed members:

 

(i) Repealed By Laws 2000, Ch. 73, 3.

 

(ii) No less than three (3) nor more than four (4) appointedmembers shall be from counties in which a community college district islocated;

 

(iii) No more than four (4) members shall be from the samepolitical party.

 

(c) The governor and the state superintendent of publicinstruction are ex officio nonvoting members of the commission.

 

(d) Appointments to the commission shall be made by thegovernor with the advice and consent of the senate. Vacancies shall be filledby the governor as provided by W.S. 28-12-101. Commission members shall not beemployees or trustees of a community college district. All terms ofappointment shall be for four (4) years except appointments to fill unexpiredterms. No person shall be appointed for more than two (2) full four (4) yearterms plus any portion of a term served while filling a vacancy. The governormay remove any commission member as provided in W.S. 9-1-202.

 

(e) A chairman and officers of the commission shall be electedbiennially by the commission from its members.

 

(f) The members of the commission shall be paid per diem andtravel expenses while attending commission meetings at the same rate allowedmembers of the legislature. The commission shall meet at least four (4) timeseach fiscal year.

 

(g) Any commissioner who does not attend at least fifty percent(50%) of scheduled commission meetings during any year commencing from the dateof appointment is automatically removed from office. The director of thecommission shall certify the name of any commissioner who has not attended atleast fifty percent (50%) of scheduled meetings during each appointment year tothe governor who shall appoint a successor to fill the vacancy within two (2)weeks from the date of certification.

 

21-18-202. Powers and duties of the commission.

 

(a) The commission shall perform the following generalfunctions:

 

(i) Advocate community college education to the office of thegovernor, the legislature, the University of Wyoming, public educationagencies, the business sector and other appropriate entities;

 

(ii) Establish tuition rates for the community colleges;

 

(iii) Establish residency requirements;

 

(iv) Maintain an administrative computing system contract andInternet or similar proprietary or common carrier electronic system access formembers of the system;

 

(v) Develop and maintain a statewide college system strategicplan for the delivery of educational programs in Wyoming by each collegepursuant to subsection (h) of this section.

 

(b) The commission shall perform the following coordinationfunctions. In performing these coordination functions all affected colleges andthe commission shall be involved:

 

(i) Coordinate the submission of data to the integratedpostsecondary education data systems;

 

(ii) Coordinate and maintain the common course numbering system;

 

(iii) Repealed By Laws 2003, Ch. 202, 2.

 

(iv) Coordinate academic and vocational technical programsoffered by any community college in another community college service area whena physical presence will be established;

 

(v) Coordinate the provision by means of electronic internet orsimilar proprietary or common carrier electronic system technology, by acommunity college or several community colleges, the general education courses necessary for completion of an educational program in the field of nursing at acommunity college or a baccalaureate degree program in nursing at theUniversity of Wyoming;

 

(vi) In addition to paragraph (iv) of this subsection and forany program requested by the board of county commissioners representing acommunity within the existing service area of any community college and thatcollege has determined not to provide the requested program within thecommunity, coordinate a response to the requesting board. Any communitycollege shall refer the requested community program to the commission if itcannot provide the requested program. Upon referral, the commission shallprovide a response under this paragraph;

 

(vii) Repealed by Laws 2009, Ch. 211, 3.

 

(c) The commission shall perform the following administrativefunctions:

 

(i) Create and maintain a funding allocation model by rule;

 

(ii) In accordance with W.S. 21-18-203(a), prepare budgetrequests for the operation and support of the colleges and the commission, andpursuant to W.S. 21-18-225, prepare budget requests for capital constructionand major maintenance;

 

(iii) Disburse to the colleges state funds in accordance withW.S. 9-4-601(b)(iv)(A) and 21-18-205 and other funds under commission auspices;

 

(iv) Administer those functions explicitly assigned to thecommission by statute;

 

(v) Appoint a director who shall perform duties as prescribedby the commission. The director shall receive an annual salary as determined bythe commission and approved by the governor. The director shall hire staff asrequired to carry out this act and as approved by the commission. Subject tolegislative budget authorization staff salaries shall be established by thedirector with the approval of the commission;

 

(vi) Establish and promote accomplishment of statewidepriorities for the college system in consultation with the colleges;

 

(vii) Subject to appropriation by the legislature, the commissionshall fully fund a teaching faculty position whenever a community collegecommits to expanding its college-funded nursing program capacity by eight (8)students. A community college shall be eligible to apply for the funding underthis paragraph only if enrollment in the nursing program of the applicantinstitution was not less than ninety-five percent (95%) of the totalcollege-funded nursing program capacity at the beginning of the most recentfall academic semester. Funding provided under this paragraph for the specificpurpose of expanding a nursing program capacity shall be reduced by an amountequal to that provided to fund one (1) teaching faculty position for everyreduction of eight (8) full-time equivalent students in the college-funded nursingprogram, as determined by comparing the beginning enrollments of the two (2)most recent fall academic semesters. Funding reductions shall not exceed thetotal amount of funding provided to a community college under this paragraph.Any appropriation made for purposes of this paragraph shall, in accordance withW.S. 21-18-205(e), be accounted for and distributed separately from the fundingallocation model for community colleges;

 

(viii) Following public hearing, review and modify or maintaincommunity college service areas provided all counties to be annexed to acollege service area are contiguous to that service area. Determinations madeunder this paragraph shall be subject to review in accordance with the WyomingAdministrative Procedure Act.

 

(d) The commission shall perform the following approvalfunctions:

 

(i) Approve all new programs qualifying for state fundingpursuant to the statewide community college strategic plan developed undersubsection (h) of this section;

 

(ii) Review existing programs, determine the most effective andefficient delivery of programs qualifying for state funding pursuant to thestatewide community college system strategic plan and terminate state fundingfor those programs which are inconsistent with the statewide community collegesystem strategic plan;

 

(iii) Approve enlargement and formation of community collegedistricts in accordance with W.S. 21-18-310 and 21-18-312;

 

(iv) Approve the format of community college budgets as providedin W.S. 16-4-104;

 

(v) Approve all new capital construction projects in excess ofone hundred thousand dollars ($100,000.00) for which state funds are or couldbe eventually applied. "New capital construction projects" include:

 

(A) New construction, renovation and capital renewal in excessof one hundred thousand ($100,000.00) market value which is not necessarymaintenance or repair;

 

(B) The acquisition of real property in excess of one hundredthousand dollars ($100,000.00) market value whether by purchase or exchange;and

 

(C) Previously approved and uncompleted new capitalconstruction projects which have increased in total cost by ten percent (10%)or more since cost estimates were developed at the time of initial projectapproval under this paragraph and W.S. 21-18-205(g).

 

(e) The commission shall perform the following review andreport functions:

 

(i) Report the findings of institutional and specializedaccreditation studies;

 

(ii) In addition to audits required of colleges under W.S.16-4-121 and to ensure uniformity of audit procedures and reporting formats,conduct enrollment audits and report financial and enrollment audit findings tothe legislature and governor. In carrying out this paragraph and maintainingthe funding allocation model under paragraph (c)(i) of this section:

 

(A) The commission shall ensure uniform accounting in recordingfull-time equivalent students and reporting financial data;

 

(B) Each community college shall report information to thecommission in a uniform, consistent and accurate manner as required bycommission rule and regulation;

 

(C) The commission may participate in financial auditsconducted by each community college and assist in the analysis of auditfindings for subsequent reporting under this paragraph.

 

(iii) Review college districts and provide subsequent reports andrecommendations to the governor and legislature in coordination with theregional accrediting agency;

 

(iv) Develop annual reports to the legislature on the outcomesof partnerships between colleges and the University of Wyoming and otherentities;

 

(v)(A) The commission shall provide annual reports to thelegislature and governor on the performance of individual community collegesand the college system as well as on the achievement of statewide priorities asspecified in the statewide college system strategic plan. The commission andthe colleges shall work together in a collaborative effort in defining thereport formats and the methodology and data elements required in preparing thereports and a reasonable time line for completion of reports;

 

(B) For the reporting effort under this paragraph, thecommission shall maintain a management information system and each communitycollege shall maintain accurate administrative records to provide the necessarydata to the commission for these studies and reports. The colleges shallprovide the commission with all data required in preparing each of the reportsthe commission shall request. The commission and the colleges shall safeguardall institutional and individual student record data under the provisions ofthe Privacy Act of 1974 and the Family Educational Rights and Privacy Act orsubsequent similar enactments;

 

(C) Reports provided by the commission to the legislature andgovernor shall be attached with and aligned to the college system performancebenchmarks, outcome measures and other performance indicators specified in anddefined by the strategic plan.

 

(I) Repealed By Laws 2009, Ch. 211, 3.

 

(II) Repealed By Laws 2009, Ch. 211, 3.

 

(III) Repealed By Laws 2009, Ch. 211, 3.

 

(IV) Repealed By Laws 2009, Ch. 211, 3.

 

(V) Repealed By Laws 2009, Ch. 211, 3.

 

(VI) Repealed By Laws 2009, Ch. 211, 3.

 

(VII) Repealed By Laws 2009, Ch. 211, 3.

 

(VIII) Repealed By Laws 2009, Ch. 211, 3.

 

(IX) Repealed By Laws 2009, Ch. 211, 3.

 

(X) Repealed By Laws 2009, Ch. 211, 3.

 

(XI) Repealed By Laws 2009, Ch. 211, 3.

 

(XII) Repealed By Laws 2009, Ch. 211, 3.

 

(XIII) Repealed By Laws 2009, Ch. 211, 3.

 

(D) Repealed By Laws 2009, Ch. 211, 3.

 

(vi) The commission and the colleges shall collaborate toidentify any additional areas of educational concerns which require datacollection and reporting.

 

(f) The commission shall perform the following implementingfunctions:

 

(i) Establish reasonable timelines and deadlines for thesubmission of data requested by the commission;

 

(ii) Assure uniform college accounting practices in reportingdata to the commission, through the use of national association of college anduniversity business officers nomenclature;

 

(iii) Withhold not more than five percent (5%) of stateappropriations from any college in noncompliance with this act or rules of thecommission. Any such action shall be subject to the provisions of W.S. 16-3-114and applicable rules of the Wyoming supreme court;

 

(iv) Advance collaboratively developed legislative proposals onbehalf of the college system and commission to the legislature and the officeof the governor;

 

(v) Adopt rules and regulations consistent with the provisionsof this act as necessary to carry out its statutory duties andresponsibilities.

 

(g) All decision making authority related to the operation ofthe community colleges which is not specifically granted to the commission bystatute shall be reserved to the local boards.

 

(h) The commission shall prior to the beginning of eachbiennial budget period, review, update and modify the statewide college systemstrategic plan. The plan shall clearly prescribe the components of theeducational program and attach program components to statewide systempriorities. This plan shall serve as the basis for state operational andcapital construction budget requests and funding of the statewide collegesystem for the applicable biennial budget period. In developing, reviewing andupdating the strategic plan, the commission shall:

 

(i) Consult with the seven (7) community colleges, state andlocal governmental agencies and other agencies and organizations representingstate economic and industry sectors;

 

(ii) Include mechanisms within the planning process which adhereto the state's interests in establishing a statewide college system identifiedas assuring statewide access to academic programs, career-technical educationand training programs, dual and concurrent enrollment programs, remedial andcontinuing education programs responding to needs of students, employers andthe state workforce, including program access through outreach or coordinatedelectronic system technology;

 

(iii) Develop performance benchmarks, outcome measures and otherperformance indicators which serve as the basis for annual reporting to thelegislature and the governor under paragraph (e)(v) of this section, includingbut not limited to:

 

(A) Student goal attainment and retention;

 

(B) Student persistence;

 

(C) Degree and certificate completion rates;

 

(D) Placement rate of graduates in the workforce;

 

(E) Licensure and certification pass rates;

 

(F) Demonstration of critical literacy skills;

 

(G) Success in subsequent, related coursework;

 

(H) Number and rate of students who transfer.

 

(iv) Attach performance indicators to funding to achieveestablished results.

 

21-18-203. Budget procedure.

 

(a) In collaboration with the boards of the community colleges,the commission shall submit state appropriation requests on behalf of thecommunity college system in compliance with the statewide community collegesystem strategic plan, which are based upon amounts appropriated to the systemby the legislature for the biennial period immediately preceding the bienniumfor which the budget request is to be made. Exception budget requests may bemade for any biennial budget period by the commission on behalf of the collegesystem which are in addition to the prior period adjusted amount and unlessotherwise specified by the commission, are limited exclusively to the fiscalperiod for which the request is submitted and shall not be included in thestandard budget request of any subsequent biennial budget request. The requestsshall be made upon forms and in a format to be determined by the budgetdivision of the department of administration and information.

 

(i) Repealed By Laws 2000, Ch. 33, 2.

 

(ii) Repealed By Laws 2000, Ch. 33, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 2000, Ch. 33, 2.

 

(v) Repealed By Laws 2000, Ch. 33, 2.

 

(b) Repealed By Laws 2000, Ch. 33, 2.

 

(c) To facilitate its appropriation request, the communitycollege commission shall hold at least one (1) budget hearing for the communitycolleges.

 

(d) Repealed By Laws 2000, Ch. 73, 3.

 

21-18-204. Commission and districts subject to public recordsprovisions; Uniform Municipal Fiscal Procedures Act.

 

(a) The commission and the community college districts aresubject to the provisions of W.S. 16-4-201 through 16-4-205.

 

(b) The community college districts are subject to theprovisions of the Uniform Municipal Fiscal Procedures Act. Audits for eachcommunity college required by W.S. 16-4-121 shall be performed by independentauditors selected by the college. The audits shall be conducted in accordancewith guidelines set forth in W.S. 9-1-507. The independent auditors shallsubmit audit findings to the college board of trustees, the commission and thebudget division of the department of administration and information. Questionsby the commission regarding audits shall be submitted to the community collegesfor response.

 

21-18-205. Appropriation and distribution of state funds; restrictions;budget authority.

 

(a) To qualify for state funding, a community college shall:

 

(i) Be accredited academically by the regional accreditingagency; and

 

(ii) Provide for a levy of four (4) mills on the taxablevaluation of the district for the regular support and operation of thecommunity college in the year for which the appropriation is requested.

 

(b) A biennial funding report shall be provided by eachcommunity college to the community college commission at the beginning of eachbiennium in a form and format determined by the commission. Any amendments tothe report shall be provided to the commission immediately after adoption bythe board.

 

(c) State funding for the assistance of community collegesshall be appropriated to the community college commission unless otherwisespecified by law. Subject to the provisions of this section, funds appropriatedfor each biennium shall be distributed by the commission to community collegesin amounts determined by a funding allocation model adopted by rule of thecommission. Funding allocation model components for fixed and variable costsshall be defined by and computed in accordance with guidelines and proceduresprescribed by rule and regulation of the commission, applied to thedistribution of state appropriations for each biennial budget period and reallocatedat a schedule specified by rule and regulation of the commission, but in noevent less than once every four (4) years. The commission may maintain acontingency reserve account utilizing any revenue derived under W.S.9-4-601(b)(iv)(A) to be distributed as a component of the funding allocationmodel for specific use by the colleges for emergency repairs and preventivemaintenance.

 

(i) Repealed By Laws 2000, Ch. 33, 2.

 

(ii) Repealed By Laws 2000, Ch. 33, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 2000, Ch. 33, 2.

 

(d) Repealed By Laws 2000, Ch. 33, 2.

 

(e) The commission may by exception budget, request additionalstate funding to be designated as special purpose funding, accounted for anddistributed separately from distributions under the funding allocation model.Special purpose funding under this subsection shall be limited to amounts andfor the period of time specified by the legislature and shall not be includedin any subsequent biennial budget unless specifically requested by thecommission and approved by the legislature. Funds appropriated pursuant to thissubsection shall be distributed in amounts and at times determined by thecommission, subject to the following:

 

(i) Special purpose funding, accounted for separately, to bedesignated as adjustments to funding allocation model distributions for theeffects of enrollment growth shall not be transferred to or expended for anyother purpose. Any amount of this special purpose funding request remainingunexpended or unencumbered at the end of the budget period for whichappropriated shall revert according to law;

 

(ii) Special purpose funding may be requested under thissubsection for use by the commission in funding new programs addressingunanticipated and emerging statewide needs during the biennial budget periodwhich are consistent with the statewide community college system strategicplan. Funds appropriated by the legislature for purposes of this paragraphshall be accounted for separately and shall not be transferred or expended forany other purpose or as part of state assistance under subsection (c) of thissection. Any unexpended or unencumbered amount of special purpose fundingunder this paragraph remaining at the end of the budget period for whichappropriated shall revert as provided by law.

 

(f) Up to eight percent (8%) of each community college'sunrestricted operating funds for a biennium may be carried forward into thenext biennium by each community college. The cumulative total amount ofunrestricted operating funds carried forward from previous bienniums shallnever exceed eight percent (8%) of the community college's current bienniumunrestricted operating funds. Funds carried forward in accordance with thissubsection shall not lapse pursuant to W.S. 9-4-207.

 

(g) No state funds shall be used for the maintaining, operatingor equipping of any capital construction project in excess of one milliondollars ($1,000,000.00) which was not approved by the commission and authorizedby the legislature.

 

21-18-206. Paying out appropriations by warrants drawn upon vouchers;application of share to default in payment on revenue bonds.

 

Thestate treasurer shall pay out state appropriations for community colleges onwarrants drawn by the auditor of the state upon vouchers issued and signed bythe director of the commission. If any community college entitled to paymentout of any appropriation has defaulted in the payment of interest or principalon any revenue bonds issued by the community college and purchased by the statetreasurer, the state treasurer shall withhold from the community college thatportion of its share of any state aid or appropriation and shall apply theshare to any default which has or may in the future occur. Warrants may bedrawn upon the state treasurer by the state investment board certifying thedefault.

 

21-18-207. Cooperative educational services.

 

Thecommission shall encourage community colleges and school districts to utilizethe procedures provided by W.S. 21-20-101 through 21-20-109.

 

21-18-208. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-209. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-210. Repealed by Laws 1985, ch. 208, 5.

 

21-18-211. Repealed by Laws 1985, ch. 208, 5.

 

 

21-18-212. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-213. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-214. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-215. Renumbered by Laws 1985, ch. 208, 3.

 

 

21-18-216. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-217. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-218. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-219. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-220. Renumbered by Laws 1985, ch. 208, 3, 4.

 

 

21-18-221. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-222. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-223. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-224. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-225. College maintenance and capital construction funding.

 

(a) As part of its administrative functions, the communitycollege commission shall identify community college building needs, develop aprioritized list of community college capital construction projects and forwardrecommendations for community college capital construction projects to thestate building commission. The community college commission shall also submitmajor maintenance budget requests for college buildings to the legislature inaccordance with this section. Major maintenance budget requests shall be basedupon a formula, forms, and a format specified by the budget division of thedepartment of administration and information. College building maintenancebudget requests submitted by the community college commission to thelegislature and capital construction budget requests forwarded by the statebuilding commission to the legislature shall include only necessary buildingsquare footage required for provision of those education programs comprisingthe statewide college system strategic plan developed and maintained under W.S.21-18-202(a)(v).

 

(b) To carry out this section and in accordance with rules andregulations of the state building commission promulgated under W.S. 9-5-107(d)and (e) serving as guidelines for implementation and administration of thissection, the commission shall establish and maintain:

 

(i) A statewide community college building data base comprisedof building inventory, specific building condition, square footage, usage,space utilization and building capacity data;

 

(ii) Statewide planning and reporting criteria and guidelinesfor use by community college districts in developing and maintainingcomprehensive long-range plans for district building needs as required underW.S. 21-18-304(a)(xi), providing necessary guidance to college districts for separatingfuture building space needs and requests attached to the statewide collegesystem strategic plan from other district space requests;

 

(iii) Methodologies for use by community college districts incomputing future student enrollments, building space demands and futurebuilding needs in establishing long-range plans addressing district buildingneeds.

 

(c) The commission shall conduct and maintain a comprehensiveassessment of community college buildings and future space requirements asdefined by the statewide strategic plan. The comprehensive building assessmentshall be designed and maintained to provide timely and uniform statewide dataon building condition and building longevity and future space requirements. The needs assessment shall be revised annually to reflect current conditionsand shall be capable of providing data sufficient to accommodate a five (5)year planning cycle.

 

(d) On or before November 1 of each year, the commission shall,based upon the assessment performed under subsection (c) of this section andupon facility plans and annual reports submitted by each college pursuant toW.S. 21-18-304(a)(xi), prioritize community college construction needs for thecurrent fiscal year and the succeeding four (4) fiscal years based upon:

 

(i) Criteria for statewide capacity for education programsaligned to the statewide college system strategic plan;

 

(ii) Analysis of student enrollment changes based uponcommission approved enrollment projection methodology, to determine the need forchanges in statewide building capacities over time for delivering statewideeducation program needs identified within the strategic plan;

 

(iii) A methodology and process established by the commission foridentifying the most critical building needs.

 

(e) The commission may modify construction needs prioritizedunder subsection (d) of this section in any subsequent fiscal year as necessaryto address statewide needs as substantiated by data, condition assessments,needs analysis and other information assembled by the commission under thissection. Needs receiving a lower priority than previously assigned may beremoved or reprioritized by the commission. Construction needs modified underthis subsection shall be reported to the general services division of thedepartment of administration and information.

 

(f) In addition to subsection (d) of this section and on orbefore November 1 of each year, the commission shall report college buildingsquare footage to the general services division of the department ofadministration and information as necessary for computation of majormaintenance funds for community college buildings. The reported square footageshall be restricted to that square footage necessary for the delivery ofeducation programs comprising the statewide college system strategic plan.

 

(g) Upon prioritizing community college construction needsunder subsection (d) of this section, the commission shall not later thanNovember 15 of each year, report the prioritized list to the general servicesdivision of the department of administration and information. In accordancewith W.S. 9-5-108(a)(ii), the general services division shall review, analyzeand study construction needs prioritized under subsection (d) of this sectionand conduct necessary value engineering analysis, schematic design review,safety and security assessments and other analysis and review prior tosubmission of recommendations to the state building commission. The statebuilding commission shall consider and incorporate prioritized constructionneeds recommendations into legislation requesting necessary funding, developedunder W.S. 9-5-108(a)(ii)(J), for submission to the legislature for review,authorization and approval. The legislation shall also include a separate appropriationfor contingency costs associated with recommended construction projects and aseparate appropriation for administrative costs of the general servicesdivision for management of the recommended construction projects as required bysubsection (j) of this section. The community college commission shall submita separate budget request for project design and planning funds to be availableto assist community colleges with costs incurred in developing and providingnecessary plans, designs and other information to the general services divisionfor purposes of this subsection. The general services division shall consultwith the community college commission in developing recommendations under thissubsection.

 

(h) The community college commission shall provide copies ofthe needs assessment, construction priorities and major maintenance squarefootage established under this section to members of the legislature on orbefore December 1 of each year.

 

(j) Subject to amounts made available by legislativeappropriation and to any conditions which may be attached to appropriationexpenditures, the commission shall distribute state funds for buildingconstruction approved and authorized by the legislature. Distributions ofstate funds for any approved and authorized construction project shall be inaccordance with payment schedules established by rule and regulation of thecommission. Payments by the commission shall be contingent upon the receipt ofany local district funding or commission approved documentation certifying thetimely receipt of such funds for the capital construction project as may berequired by legislative authorization, and shall also include the writtenapproval of the general services division, department of administration andinformation, of prescribed phases of the construction project and thecompletion of certain project phases. Construction phases for which approvalof the division is required shall be specified by commission rule andregulation, clearly prescribing a process for division review and approval ofproject plans and specifications, project development and project changes andchange orders. In carrying out duties under this subsection, the division mayexecute powers prescribed under W.S. 9-5-108(a)(iii) in coordination with thecommission and the appropriate community college district. No scheduledpayment shall be made by the commission without the approval of the division asrequired by the prescribed process.

 

(k) Appropriations for major maintenance shall be distributedby the commission to community colleges in amounts determined by the fundingformula developed by the general services division of the department ofadministration and information, subject to restrictions imposed on qualifyingsquare footage pursuant to this section.

 

ARTICLE 3 - COMMUNITY COLLEGE DISTRICTS

 

21-18-301. Community college district to be body corporate; name.

 

Eachcommunity college district which is formed under this act is a body corporateby the name and style of ".... Community College District, State ofWyoming", the blank space to contain the chosen name of the district, andin that name the district may hold property and be a party to suits andcontracts.

 

21-18-302. District board generally; quorum; organization; officers.

 

 

(a) Within thirty (30) days after the election establishing thecommunity college district, and on or about December 1 each year thereafter,the board shall meet and organize by electing one (1) of its members aspresident, one (1) as treasurer, and one (1) as secretary. The president shallpreside at all meetings of the board except that a temporary chairman may beselected by the board in his absence. The secretary shall keep the minutes andproceedings of all board meetings and the treasurer shall receive all fundspayable to the district and disburse them on the order of the board.

 

(b) A majority of the community college district board membersconstitutes a quorum for the transaction of all business but a minimum of three(3) concurring votes is required to decide any question.

 

21-18-303. District board generally; powers; board approved additionalmill levy.

 

(a) The community college district board may:

 

(i) Sue and be sued in the name by which the district isdesignated;

 

(ii) Hold and convey property for the benefit of the district inthe name by which the district is designated;

 

(iii) Employ legal counsel and bear the cost of litigation;

 

(iv) Construct or otherwise provide bookstores, vehicularparking facilities, recreational, or other facilities necessary and incidentalto the community college, and may fix rates and provide for the collection ofsame;

 

(v) Issue general obligation bonds for community collegepurposes as specified in this act;

 

(vi) Issue revenue bonds for the purposes, and in the mannerspecified in this act;

 

(vii) Establish and collect charges, and rentals and student feesfor services and facilities furnished, acquired, constructed, or purchased fromthe proceeds of revenue bonds;

 

(viii) Charge and collect fees and tuition;

 

(ix) Enter into agreements with any public or private agency,institution, person or corporation for the performance of acts or for thefurnishing of services or facilities by or for the community college districtor for the joint performance of an act or function or the joint furnishing ofservices and facilities by the district and the other party to the agreement;

 

(x) Insure against loss of property or revenue from any cause;

 

(xi) Insure against public liability or property damageconcerning the facilities authorized by the governing board, and insure andhold harmless from liability all administrative and teaching personnel, and allother employees of the community college district;

 

(xii) Establish criteria for appointments to fill vacancies inthe board not inconsistent with the provisions of this act and provide for theremoval of a board member for cause or change of residence;

 

(xiii) Call special meetings at the discretion of the boardpresident or a majority of the board without the necessity of publication offormal notice;

 

(xiv) Contribute to the financial support of the commission infunding or in-kind services as determined through consultation between thecommunity college boards and the commission;

 

(xv) Employ, at its own discretion, an assistant to thetreasurer of the community college district board, who shall be subject to thesame bonding and fiduciary regulations as are imposed upon the treasurer andwho may be empowered to satisfy debts of the district as they become due andowing;

 

(xvi) Confer degrees and certificates and grant diplomas as areusual for community colleges and authorized under its accreditation by theregional accrediting agency.

 

(b) In addition to the levy imposed under W.S. 21-18-304(a)(vii)and any levy imposed under W.S. 21-18-311(f), the community college districtboard may approve up to one (1) additional mill levy on the assessed value ofthe district for a period not to exceed two (2) years for the regular supportand operation of the college. A determination by the board shall be made at aregular or special meeting following a public hearing announced by the board.Notice of intent to levy all or a portion of the additional one (1) mill shallbe published in a newspaper of general circulation within the district at leastthirty (30) days before the hearing date. Upon approval, the board shall reportthe additional levy to the board of county commissioners of each county withinthe district in the same manner the necessary levy under W.S. 21-18-304(a)(vii)is reported. Any tax imposed under this subsection may be renewed by the boardfor additional two (2) year periods subject to public hearing requirementsspecified under this section and shall be levied, collected and distributedseparate from the tax imposed under W.S. 21-18-304(a)(vii) and any additionallevy imposed under W.S. 21-18-311(f). Revenues collected under this subsectionshall not be restricted by the commission in any manner but shall be identifiedin the biennial funding report of the college under W.S. 21-18-205(b).

 

21-18-304. District board generally; duties.

 

(a) The community college district board shall:

 

(i) Prescribe and enforce rules and regulations for its owngovernment and for government of the community college under its jurisdiction. Rules and regulations shall not be inconsistent with the rules and regulationsof the community college commission;

 

(ii) Prescribe requirements for graduation;

 

(iii) Report annually the revenues and expenses of the communitycollege district in accordance with the rules and regulations of the communitycollege commission;

 

(iv) Submit such reports as the community college commission mayrequire under W.S. 21-18-202;

 

(v) Require the treasurer and the assistant treasurer of thedistrict board to give such bond in such penalty and with such sureties as theboard shall direct and approve, conditioned upon the faithful application ofall money and property which may come into their hands by virtue of their office. Each bond shall not exceed one and one-half (1 1/2) times the amount of allcollege monies handled by the treasurer or assistant treasurer in any one (1)year. Bonds, after being approved by the board, shall be filed with the board,and no disbursements shall be made until the bonds are approved and filed. Incase of breach of conditions of bonds, suit shall be brought thereon by theboard for the benefit of the district;

 

(vi) Appoint a chief administrative officer of the communitycollege who shall be given such official title as the board may determine;

 

(vii) At the first meeting of each fiscal year or at anyappropriate time, make an estimate of the amount of funds required to be raisedthrough a tax levy upon the property lying within the district for communitycollege purposes, and present to the board of county commissioners of eachcounty included within the district, a certified estimate of the tax requiredto raise the appropriate amount. The tax in any one (1) year shall not exceedfour (4) mills on the assessed value of the district, excluding any taxapproved by the board and imposed under W.S. 21-18-303(b) and any tax approvedby the district electors and imposed under W.S. 21-18-311(f). The tax shall belevied and collected in the same manner as other county taxes and whencollected, the county treasurer shall forward the tax revenue to the treasurerof the community college district board;

 

(viii) Control and disburse, or cause to be disbursed, all moniesreceived from any source to maintain the community college;

 

(ix) Keep a record of all the official acts performed by theboard and keep a record of all warrants issued against the monies belonging tothe community college district. Payments of money shall be made upon warrant drawnagainst funds belonging to the community college district and the warrants sodrawn must specify upon their face the purposes for which funds are called forby warrants. The board shall provide, at the expense of the district, a seal,upon which shall be engraved the words, ".... Community College District,State of Wyoming", the blank space to contain the legal name of thecollege district. The seal shall be kept in the possession of the secretary,shall be affixed to all communications or notices required by law to be sent orpublished by the board and to all warrants drawn upon the district;

 

(x) Conduct elections held by the community college districtfor election of board members, the issuance of bonds, the questions of milllevies and annexations and any other community college election appropriatelywithin the jurisdiction of the district board, all in accordance with theelection procedures set forth in this act;

 

(xi) Develop and maintain a comprehensive plan of districtbuildings addressing district long-term building needs, clearly distinguishingthose building needs associated with education space needs attached to thestatewide college system strategic plan developed by the community collegecommission under W.S. 21-18-202(a)(v) from other district needs which may beincluded within the district's long-term plan. Building plans and capitalconstruction requests shall be submitted to the commission in a form and formatspecified by commission rule and regulation. In addition, the board shallprovide planning, design and other information required by the department ofadministration and information under W.S. 21-18-225(g) and shall cooperate withthe department and the commission as necessary to undertake any buildingconstruction project receiving state funds and addressing needs prioritized bythe commission in accordance with W.S. 21-18-225.

 

21-18-305. Budget.

 

Thechief administrative officer shall annually cause to be submitted a budget forthe approval of the community college district board.

 

21-18-306. Bonds of officers and employees.

 

Thecommunity college district may require each officer and employee whose duty itis to handle funds or property of the district to be bonded under a suitablebond indemnifying the district against loss. The board shall determine theamount and the type of the bond.

 

21-18-307. Admission of state high school graduates withoutexamination.

 

Aperson who graduates from a high school in this state shall be admitted to acommunity college of this state without further qualifying examination.

 

21-18-308. Number of board members; election; subdistricts;apportionment.

 

 

(a) Each community college district board shall consist ofseven (7) members to be elected as provided by law.

 

(b) The community college district board may by resolutionpartition the community college district into election subdistricts to providefor representation on the district board in accordance with population. Wherepopulation figures permit, monetary evaluation and geographic factors may beconsidered in determining subdistricts.

 

(c) The community college district board shall by resolutiondesignate the number of members of the district board which shall be electedfrom each election subdistrict if any, in accordance with the population of thecommunity college district and the respective election subdistricts.

 

21-18-309. First regular election of board; fiscal year.

 

Thefirst regular election of a community college board following creation of acommunity college district shall not be held until the May election dateauthorized under W.S. 22-21-103 of the first fiscal year in which a specialmill tax is levied and assessed against the taxable property of the districtfor the uses and purposes of the district. The fiscal year of each communitycollege district shall begin on July 1 of each year and shall end on June 30 ofthe following year.

 

21-18-310. Annexation of additional counties into district; annexationelection.

 

(a) Established community college districts may be enlarged byannexing additional counties as provided in this section. A county may beannexed under this section to an existing community college district with whichit is contiguous or any other community college district approved by the communitycollege commission.

 

(b) Upon receipt of a petition signed by at least ten percent(10%) of the qualified electors residing within the county sought to be annexedrequesting that the county be annexed to the community college district or uponreceipt of a resolution calling for annexation by the board of countycommissioners of the county sought to be annexed, the community collegedistrict board shall within ten (10) days following receipt, approve or denythe petition or resolution. If approved, the district board shall request anelection to be held in the county seeking annexation in accordance with thedates and procedures provided by W.S. 22-21-103 through 22-21-110. The numberof electors required for a petition shall be determined by the number of votescast at the last general election.

 

(c) The community college district board shall pay all costsincident to the election.

 

(d) The ballot in an election for annexation of any county toan existing community college district shall state the question insubstantially the following form:

 

(i) "Shall .... County, Wyoming be annexed to theestablished .... Community College District, giving .... Community CollegeDistrict the authority to levy a tax not to exceed four (4) mills on theassessed value of the county and in addition, to impose a levy of .... mills(not to exceed five (5) mills) on the assessed value of the county aspreviously approved by the district electors and imposed under W.S.21-18-311(f), all revenues of which shall be used for the operation andmaintenance of the Community College located at ...., Wyoming?"

 

Annexation and mill levy--------------------------- YES 

 

Annexation and mill levy---------------------------- NO 

 

(e) Only qualified voters residing within the county to beannexed shall be allowed to vote in the election.

 

(f) If the annexation is approved by the voters of the countyto be annexed:

 

(i) The county clerk shall immediately notify the countycommissioners and the county commissioners shall levy the special mill tax inthe manner provided by law;

 

(ii) The community college district board shall immediately andby resolution partition the enlarged district into election subdistricts toprovide for board representation based upon population and shall designate thenumber of board members to be elected from each subdistrict in accordance withthe population of the enlarged district and the respective electionsubdistricts. In accordance with W.S. 21-18-308(a), the board of the enlargeddistrict shall be comprised of not more than seven (7) members;

 

(iii) An election of members of the board of trustees of theenlarged community college district shall be held as determined by the board ofcounty commissioners, on a date which is not less than sixty (60) daysfollowing the date annexation is approved based upon the apportionment by theboard under paragraph (f)(ii) of this section. Nominations to the board of theenlarged district shall be submitted in substantially the same manner asprescribed under W.S. 21-18-312(j) for initial community college districtboards and the election shall be otherwise conducted as provided by law. Termsof office of board members filled prior to the date annexation is approvedshall expire at 12:00 noon on the first day immediately following the electionof board members of the enlarged district. Initial terms of trustees to beelected to the enlarged community college district board shall begin on thefirst day immediately following the election and shall be for not less than two(2) or not less than four (4) years as determined by the board as necessary tocoincide with the terms of office prescribed under W.S. 22-22-102. Not morethan four (4) initial members shall be elected for terms of not less than four(4) years and the board shall designate and report to the appropriate

State Codes and Statutes

Statutes > Wyoming > Title21 > Chapter18

CHAPTER 18 - COMMUNITY COLLEGES

 

ARTICLE 1 - GENERALLY

 

21-18-101. Short title.

 

This act shall be known and may be cited asthe "Wyoming Community College System Code."

 

21-18-102. Definitions.

 

(a) As used in this act:

 

(i) "Academic program" means those programs approvedby the commission which provide credits resulting in a two (2) year associatedegree or which may be transferred to an accredited four (4) year college oruniversity;

 

(ii) "Administrative computing," means hardware andsoftware components that support data processing activities for daily businessoperations and provide support for management information systems.Administrative computing shall be distinct from academic computing operationsthat support instructional programs;

 

(iii) "Assessed value" means the total assessed valueof any community college district;

 

(iv) "Biennial funding report" means the current fundsestimated by each college to be expended in a biennial period. For purposes ofthis paragraph, "current funds" shall be as defined by the nationalassociation of college and university business officers;

 

(v) "College system" means the community colleges andthe community college commission established pursuant to this act;

 

(vi) "Commission" means the community collegecommission of Wyoming;

 

(vii) "Community college" means an institutionestablished under this act;

 

(viii) "Community college district" means a bodycorporate established by statute as a subdivision of a county or counties thatestablishes or maintains a community college;

 

(ix) "Community service programs" means all programs,class activities and services sponsored by a college which are not for creditor part of an academic, vocational-technical or continuing education program;

 

(x) "Continuing education programs" means thoseprograms, class activities and services sponsored by a college which providejob skills necessary to remain in or advance as a member of the work forcewhich do not result in degrees or certificates;

 

(xi) "Coordination" means to facilitate collaborativeinteraction among state government, the boards of the individual communitycolleges, the community college commission and other entities;

 

(xii) "Full-time equivalency" means the number ofapproved academic or vocational-technical credit hours for each class for whichstudents are enrolled divided by twelve (12);

 

(xiii) "Governing board" or "board" means thecommunity college district board;

 

(xiv) "School district" means any school districtestablished pursuant to the laws of this state excluding community colleges andcommunity college districts;

 

(xv) "Vocational-technical programs" means thoseprograms approved by the commission which provide job skills necessary toenter, remain in or advance as a member of the work force and result in degreesor certificates;

 

(xvi) "This act" means W.S. 21-18-101 through21-18-317.

 

21-18-103. Transfer of property from existing to newly establishedcommunity college district; indebtedness and obligations to pass to new collegedistrict.

 

Whenevera community college district is established and created and includes territorycomprising a community college district already supporting and operating acommunity college, the board of trustees of the existing community collegedistrict shall immediately, by proper conveyance, transfer unto the newcommunity college district all of the assets, both real and personal, used inthe operation of, or in any manner connected with, the former college. Theproperty shall become the property of the new college district and any and allindebtedness or obligations, in any manner created, in relation to the propertyso transferred shall automatically, by operation of law, become theindebtedness or obligations of the new college district as if originallycreated by action of the new college district.

 

21-18-104. Small business development centers.

 

Thesmall business development centers shall be operated by the University ofWyoming. The university shall specify the organizational structure of thenetwork of centers in consultation with the Wyoming business council created byW.S. 9-12-103. The university shall integrate the operations of the centerswith the Wyoming business council to the fullest extent permitted by federallaw.

 

21-18-105. Budget authority.

 

(a) The community college commission shall include in itsbudget request funding for Wyoming public television.

 

(i) Repealed by Laws 1995, ch. 20, 2.

 

(ii) Repealed by Laws 1995, ch. 20, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 1997, ch. 178, 2.

 

(b) The central Wyoming community college district board shalloversee the operations of Wyoming public television. The board shall assistWyoming public television to provide educational, cultural and informationalprogramming to the residents of this state.

 

(c) In addition to subsection (a) of this section, thecommunity college commission shall administer and shall include in its budgetrequest funding for the following programs:

 

(i) Adult basic education program; and

 

(ii) General educational development program.

 

ARTICLE 2 - COMMUNITY COLLEGE COMMISSION

 

21-18-201. Community college commission; created; composition; removal.

 

(a) The Wyoming community college commission is created.

 

(b) The commission consists of seven (7) appointed members:

 

(i) Repealed By Laws 2000, Ch. 73, 3.

 

(ii) No less than three (3) nor more than four (4) appointedmembers shall be from counties in which a community college district islocated;

 

(iii) No more than four (4) members shall be from the samepolitical party.

 

(c) The governor and the state superintendent of publicinstruction are ex officio nonvoting members of the commission.

 

(d) Appointments to the commission shall be made by thegovernor with the advice and consent of the senate. Vacancies shall be filledby the governor as provided by W.S. 28-12-101. Commission members shall not beemployees or trustees of a community college district. All terms ofappointment shall be for four (4) years except appointments to fill unexpiredterms. No person shall be appointed for more than two (2) full four (4) yearterms plus any portion of a term served while filling a vacancy. The governormay remove any commission member as provided in W.S. 9-1-202.

 

(e) A chairman and officers of the commission shall be electedbiennially by the commission from its members.

 

(f) The members of the commission shall be paid per diem andtravel expenses while attending commission meetings at the same rate allowedmembers of the legislature. The commission shall meet at least four (4) timeseach fiscal year.

 

(g) Any commissioner who does not attend at least fifty percent(50%) of scheduled commission meetings during any year commencing from the dateof appointment is automatically removed from office. The director of thecommission shall certify the name of any commissioner who has not attended atleast fifty percent (50%) of scheduled meetings during each appointment year tothe governor who shall appoint a successor to fill the vacancy within two (2)weeks from the date of certification.

 

21-18-202. Powers and duties of the commission.

 

(a) The commission shall perform the following generalfunctions:

 

(i) Advocate community college education to the office of thegovernor, the legislature, the University of Wyoming, public educationagencies, the business sector and other appropriate entities;

 

(ii) Establish tuition rates for the community colleges;

 

(iii) Establish residency requirements;

 

(iv) Maintain an administrative computing system contract andInternet or similar proprietary or common carrier electronic system access formembers of the system;

 

(v) Develop and maintain a statewide college system strategicplan for the delivery of educational programs in Wyoming by each collegepursuant to subsection (h) of this section.

 

(b) The commission shall perform the following coordinationfunctions. In performing these coordination functions all affected colleges andthe commission shall be involved:

 

(i) Coordinate the submission of data to the integratedpostsecondary education data systems;

 

(ii) Coordinate and maintain the common course numbering system;

 

(iii) Repealed By Laws 2003, Ch. 202, 2.

 

(iv) Coordinate academic and vocational technical programsoffered by any community college in another community college service area whena physical presence will be established;

 

(v) Coordinate the provision by means of electronic internet orsimilar proprietary or common carrier electronic system technology, by acommunity college or several community colleges, the general education courses necessary for completion of an educational program in the field of nursing at acommunity college or a baccalaureate degree program in nursing at theUniversity of Wyoming;

 

(vi) In addition to paragraph (iv) of this subsection and forany program requested by the board of county commissioners representing acommunity within the existing service area of any community college and thatcollege has determined not to provide the requested program within thecommunity, coordinate a response to the requesting board. Any communitycollege shall refer the requested community program to the commission if itcannot provide the requested program. Upon referral, the commission shallprovide a response under this paragraph;

 

(vii) Repealed by Laws 2009, Ch. 211, 3.

 

(c) The commission shall perform the following administrativefunctions:

 

(i) Create and maintain a funding allocation model by rule;

 

(ii) In accordance with W.S. 21-18-203(a), prepare budgetrequests for the operation and support of the colleges and the commission, andpursuant to W.S. 21-18-225, prepare budget requests for capital constructionand major maintenance;

 

(iii) Disburse to the colleges state funds in accordance withW.S. 9-4-601(b)(iv)(A) and 21-18-205 and other funds under commission auspices;

 

(iv) Administer those functions explicitly assigned to thecommission by statute;

 

(v) Appoint a director who shall perform duties as prescribedby the commission. The director shall receive an annual salary as determined bythe commission and approved by the governor. The director shall hire staff asrequired to carry out this act and as approved by the commission. Subject tolegislative budget authorization staff salaries shall be established by thedirector with the approval of the commission;

 

(vi) Establish and promote accomplishment of statewidepriorities for the college system in consultation with the colleges;

 

(vii) Subject to appropriation by the legislature, the commissionshall fully fund a teaching faculty position whenever a community collegecommits to expanding its college-funded nursing program capacity by eight (8)students. A community college shall be eligible to apply for the funding underthis paragraph only if enrollment in the nursing program of the applicantinstitution was not less than ninety-five percent (95%) of the totalcollege-funded nursing program capacity at the beginning of the most recentfall academic semester. Funding provided under this paragraph for the specificpurpose of expanding a nursing program capacity shall be reduced by an amountequal to that provided to fund one (1) teaching faculty position for everyreduction of eight (8) full-time equivalent students in the college-funded nursingprogram, as determined by comparing the beginning enrollments of the two (2)most recent fall academic semesters. Funding reductions shall not exceed thetotal amount of funding provided to a community college under this paragraph.Any appropriation made for purposes of this paragraph shall, in accordance withW.S. 21-18-205(e), be accounted for and distributed separately from the fundingallocation model for community colleges;

 

(viii) Following public hearing, review and modify or maintaincommunity college service areas provided all counties to be annexed to acollege service area are contiguous to that service area. Determinations madeunder this paragraph shall be subject to review in accordance with the WyomingAdministrative Procedure Act.

 

(d) The commission shall perform the following approvalfunctions:

 

(i) Approve all new programs qualifying for state fundingpursuant to the statewide community college strategic plan developed undersubsection (h) of this section;

 

(ii) Review existing programs, determine the most effective andefficient delivery of programs qualifying for state funding pursuant to thestatewide community college system strategic plan and terminate state fundingfor those programs which are inconsistent with the statewide community collegesystem strategic plan;

 

(iii) Approve enlargement and formation of community collegedistricts in accordance with W.S. 21-18-310 and 21-18-312;

 

(iv) Approve the format of community college budgets as providedin W.S. 16-4-104;

 

(v) Approve all new capital construction projects in excess ofone hundred thousand dollars ($100,000.00) for which state funds are or couldbe eventually applied. "New capital construction projects" include:

 

(A) New construction, renovation and capital renewal in excessof one hundred thousand ($100,000.00) market value which is not necessarymaintenance or repair;

 

(B) The acquisition of real property in excess of one hundredthousand dollars ($100,000.00) market value whether by purchase or exchange;and

 

(C) Previously approved and uncompleted new capitalconstruction projects which have increased in total cost by ten percent (10%)or more since cost estimates were developed at the time of initial projectapproval under this paragraph and W.S. 21-18-205(g).

 

(e) The commission shall perform the following review andreport functions:

 

(i) Report the findings of institutional and specializedaccreditation studies;

 

(ii) In addition to audits required of colleges under W.S.16-4-121 and to ensure uniformity of audit procedures and reporting formats,conduct enrollment audits and report financial and enrollment audit findings tothe legislature and governor. In carrying out this paragraph and maintainingthe funding allocation model under paragraph (c)(i) of this section:

 

(A) The commission shall ensure uniform accounting in recordingfull-time equivalent students and reporting financial data;

 

(B) Each community college shall report information to thecommission in a uniform, consistent and accurate manner as required bycommission rule and regulation;

 

(C) The commission may participate in financial auditsconducted by each community college and assist in the analysis of auditfindings for subsequent reporting under this paragraph.

 

(iii) Review college districts and provide subsequent reports andrecommendations to the governor and legislature in coordination with theregional accrediting agency;

 

(iv) Develop annual reports to the legislature on the outcomesof partnerships between colleges and the University of Wyoming and otherentities;

 

(v)(A) The commission shall provide annual reports to thelegislature and governor on the performance of individual community collegesand the college system as well as on the achievement of statewide priorities asspecified in the statewide college system strategic plan. The commission andthe colleges shall work together in a collaborative effort in defining thereport formats and the methodology and data elements required in preparing thereports and a reasonable time line for completion of reports;

 

(B) For the reporting effort under this paragraph, thecommission shall maintain a management information system and each communitycollege shall maintain accurate administrative records to provide the necessarydata to the commission for these studies and reports. The colleges shallprovide the commission with all data required in preparing each of the reportsthe commission shall request. The commission and the colleges shall safeguardall institutional and individual student record data under the provisions ofthe Privacy Act of 1974 and the Family Educational Rights and Privacy Act orsubsequent similar enactments;

 

(C) Reports provided by the commission to the legislature andgovernor shall be attached with and aligned to the college system performancebenchmarks, outcome measures and other performance indicators specified in anddefined by the strategic plan.

 

(I) Repealed By Laws 2009, Ch. 211, 3.

 

(II) Repealed By Laws 2009, Ch. 211, 3.

 

(III) Repealed By Laws 2009, Ch. 211, 3.

 

(IV) Repealed By Laws 2009, Ch. 211, 3.

 

(V) Repealed By Laws 2009, Ch. 211, 3.

 

(VI) Repealed By Laws 2009, Ch. 211, 3.

 

(VII) Repealed By Laws 2009, Ch. 211, 3.

 

(VIII) Repealed By Laws 2009, Ch. 211, 3.

 

(IX) Repealed By Laws 2009, Ch. 211, 3.

 

(X) Repealed By Laws 2009, Ch. 211, 3.

 

(XI) Repealed By Laws 2009, Ch. 211, 3.

 

(XII) Repealed By Laws 2009, Ch. 211, 3.

 

(XIII) Repealed By Laws 2009, Ch. 211, 3.

 

(D) Repealed By Laws 2009, Ch. 211, 3.

 

(vi) The commission and the colleges shall collaborate toidentify any additional areas of educational concerns which require datacollection and reporting.

 

(f) The commission shall perform the following implementingfunctions:

 

(i) Establish reasonable timelines and deadlines for thesubmission of data requested by the commission;

 

(ii) Assure uniform college accounting practices in reportingdata to the commission, through the use of national association of college anduniversity business officers nomenclature;

 

(iii) Withhold not more than five percent (5%) of stateappropriations from any college in noncompliance with this act or rules of thecommission. Any such action shall be subject to the provisions of W.S. 16-3-114and applicable rules of the Wyoming supreme court;

 

(iv) Advance collaboratively developed legislative proposals onbehalf of the college system and commission to the legislature and the officeof the governor;

 

(v) Adopt rules and regulations consistent with the provisionsof this act as necessary to carry out its statutory duties andresponsibilities.

 

(g) All decision making authority related to the operation ofthe community colleges which is not specifically granted to the commission bystatute shall be reserved to the local boards.

 

(h) The commission shall prior to the beginning of eachbiennial budget period, review, update and modify the statewide college systemstrategic plan. The plan shall clearly prescribe the components of theeducational program and attach program components to statewide systempriorities. This plan shall serve as the basis for state operational andcapital construction budget requests and funding of the statewide collegesystem for the applicable biennial budget period. In developing, reviewing andupdating the strategic plan, the commission shall:

 

(i) Consult with the seven (7) community colleges, state andlocal governmental agencies and other agencies and organizations representingstate economic and industry sectors;

 

(ii) Include mechanisms within the planning process which adhereto the state's interests in establishing a statewide college system identifiedas assuring statewide access to academic programs, career-technical educationand training programs, dual and concurrent enrollment programs, remedial andcontinuing education programs responding to needs of students, employers andthe state workforce, including program access through outreach or coordinatedelectronic system technology;

 

(iii) Develop performance benchmarks, outcome measures and otherperformance indicators which serve as the basis for annual reporting to thelegislature and the governor under paragraph (e)(v) of this section, includingbut not limited to:

 

(A) Student goal attainment and retention;

 

(B) Student persistence;

 

(C) Degree and certificate completion rates;

 

(D) Placement rate of graduates in the workforce;

 

(E) Licensure and certification pass rates;

 

(F) Demonstration of critical literacy skills;

 

(G) Success in subsequent, related coursework;

 

(H) Number and rate of students who transfer.

 

(iv) Attach performance indicators to funding to achieveestablished results.

 

21-18-203. Budget procedure.

 

(a) In collaboration with the boards of the community colleges,the commission shall submit state appropriation requests on behalf of thecommunity college system in compliance with the statewide community collegesystem strategic plan, which are based upon amounts appropriated to the systemby the legislature for the biennial period immediately preceding the bienniumfor which the budget request is to be made. Exception budget requests may bemade for any biennial budget period by the commission on behalf of the collegesystem which are in addition to the prior period adjusted amount and unlessotherwise specified by the commission, are limited exclusively to the fiscalperiod for which the request is submitted and shall not be included in thestandard budget request of any subsequent biennial budget request. The requestsshall be made upon forms and in a format to be determined by the budgetdivision of the department of administration and information.

 

(i) Repealed By Laws 2000, Ch. 33, 2.

 

(ii) Repealed By Laws 2000, Ch. 33, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 2000, Ch. 33, 2.

 

(v) Repealed By Laws 2000, Ch. 33, 2.

 

(b) Repealed By Laws 2000, Ch. 33, 2.

 

(c) To facilitate its appropriation request, the communitycollege commission shall hold at least one (1) budget hearing for the communitycolleges.

 

(d) Repealed By Laws 2000, Ch. 73, 3.

 

21-18-204. Commission and districts subject to public recordsprovisions; Uniform Municipal Fiscal Procedures Act.

 

(a) The commission and the community college districts aresubject to the provisions of W.S. 16-4-201 through 16-4-205.

 

(b) The community college districts are subject to theprovisions of the Uniform Municipal Fiscal Procedures Act. Audits for eachcommunity college required by W.S. 16-4-121 shall be performed by independentauditors selected by the college. The audits shall be conducted in accordancewith guidelines set forth in W.S. 9-1-507. The independent auditors shallsubmit audit findings to the college board of trustees, the commission and thebudget division of the department of administration and information. Questionsby the commission regarding audits shall be submitted to the community collegesfor response.

 

21-18-205. Appropriation and distribution of state funds; restrictions;budget authority.

 

(a) To qualify for state funding, a community college shall:

 

(i) Be accredited academically by the regional accreditingagency; and

 

(ii) Provide for a levy of four (4) mills on the taxablevaluation of the district for the regular support and operation of thecommunity college in the year for which the appropriation is requested.

 

(b) A biennial funding report shall be provided by eachcommunity college to the community college commission at the beginning of eachbiennium in a form and format determined by the commission. Any amendments tothe report shall be provided to the commission immediately after adoption bythe board.

 

(c) State funding for the assistance of community collegesshall be appropriated to the community college commission unless otherwisespecified by law. Subject to the provisions of this section, funds appropriatedfor each biennium shall be distributed by the commission to community collegesin amounts determined by a funding allocation model adopted by rule of thecommission. Funding allocation model components for fixed and variable costsshall be defined by and computed in accordance with guidelines and proceduresprescribed by rule and regulation of the commission, applied to thedistribution of state appropriations for each biennial budget period and reallocatedat a schedule specified by rule and regulation of the commission, but in noevent less than once every four (4) years. The commission may maintain acontingency reserve account utilizing any revenue derived under W.S.9-4-601(b)(iv)(A) to be distributed as a component of the funding allocationmodel for specific use by the colleges for emergency repairs and preventivemaintenance.

 

(i) Repealed By Laws 2000, Ch. 33, 2.

 

(ii) Repealed By Laws 2000, Ch. 33, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 2000, Ch. 33, 2.

 

(d) Repealed By Laws 2000, Ch. 33, 2.

 

(e) The commission may by exception budget, request additionalstate funding to be designated as special purpose funding, accounted for anddistributed separately from distributions under the funding allocation model.Special purpose funding under this subsection shall be limited to amounts andfor the period of time specified by the legislature and shall not be includedin any subsequent biennial budget unless specifically requested by thecommission and approved by the legislature. Funds appropriated pursuant to thissubsection shall be distributed in amounts and at times determined by thecommission, subject to the following:

 

(i) Special purpose funding, accounted for separately, to bedesignated as adjustments to funding allocation model distributions for theeffects of enrollment growth shall not be transferred to or expended for anyother purpose. Any amount of this special purpose funding request remainingunexpended or unencumbered at the end of the budget period for whichappropriated shall revert according to law;

 

(ii) Special purpose funding may be requested under thissubsection for use by the commission in funding new programs addressingunanticipated and emerging statewide needs during the biennial budget periodwhich are consistent with the statewide community college system strategicplan. Funds appropriated by the legislature for purposes of this paragraphshall be accounted for separately and shall not be transferred or expended forany other purpose or as part of state assistance under subsection (c) of thissection. Any unexpended or unencumbered amount of special purpose fundingunder this paragraph remaining at the end of the budget period for whichappropriated shall revert as provided by law.

 

(f) Up to eight percent (8%) of each community college'sunrestricted operating funds for a biennium may be carried forward into thenext biennium by each community college. The cumulative total amount ofunrestricted operating funds carried forward from previous bienniums shallnever exceed eight percent (8%) of the community college's current bienniumunrestricted operating funds. Funds carried forward in accordance with thissubsection shall not lapse pursuant to W.S. 9-4-207.

 

(g) No state funds shall be used for the maintaining, operatingor equipping of any capital construction project in excess of one milliondollars ($1,000,000.00) which was not approved by the commission and authorizedby the legislature.

 

21-18-206. Paying out appropriations by warrants drawn upon vouchers;application of share to default in payment on revenue bonds.

 

Thestate treasurer shall pay out state appropriations for community colleges onwarrants drawn by the auditor of the state upon vouchers issued and signed bythe director of the commission. If any community college entitled to paymentout of any appropriation has defaulted in the payment of interest or principalon any revenue bonds issued by the community college and purchased by the statetreasurer, the state treasurer shall withhold from the community college thatportion of its share of any state aid or appropriation and shall apply theshare to any default which has or may in the future occur. Warrants may bedrawn upon the state treasurer by the state investment board certifying thedefault.

 

21-18-207. Cooperative educational services.

 

Thecommission shall encourage community colleges and school districts to utilizethe procedures provided by W.S. 21-20-101 through 21-20-109.

 

21-18-208. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-209. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-210. Repealed by Laws 1985, ch. 208, 5.

 

21-18-211. Repealed by Laws 1985, ch. 208, 5.

 

 

21-18-212. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-213. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-214. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-215. Renumbered by Laws 1985, ch. 208, 3.

 

 

21-18-216. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-217. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-218. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-219. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-220. Renumbered by Laws 1985, ch. 208, 3, 4.

 

 

21-18-221. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-222. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-223. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-224. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-225. College maintenance and capital construction funding.

 

(a) As part of its administrative functions, the communitycollege commission shall identify community college building needs, develop aprioritized list of community college capital construction projects and forwardrecommendations for community college capital construction projects to thestate building commission. The community college commission shall also submitmajor maintenance budget requests for college buildings to the legislature inaccordance with this section. Major maintenance budget requests shall be basedupon a formula, forms, and a format specified by the budget division of thedepartment of administration and information. College building maintenancebudget requests submitted by the community college commission to thelegislature and capital construction budget requests forwarded by the statebuilding commission to the legislature shall include only necessary buildingsquare footage required for provision of those education programs comprisingthe statewide college system strategic plan developed and maintained under W.S.21-18-202(a)(v).

 

(b) To carry out this section and in accordance with rules andregulations of the state building commission promulgated under W.S. 9-5-107(d)and (e) serving as guidelines for implementation and administration of thissection, the commission shall establish and maintain:

 

(i) A statewide community college building data base comprisedof building inventory, specific building condition, square footage, usage,space utilization and building capacity data;

 

(ii) Statewide planning and reporting criteria and guidelinesfor use by community college districts in developing and maintainingcomprehensive long-range plans for district building needs as required underW.S. 21-18-304(a)(xi), providing necessary guidance to college districts for separatingfuture building space needs and requests attached to the statewide collegesystem strategic plan from other district space requests;

 

(iii) Methodologies for use by community college districts incomputing future student enrollments, building space demands and futurebuilding needs in establishing long-range plans addressing district buildingneeds.

 

(c) The commission shall conduct and maintain a comprehensiveassessment of community college buildings and future space requirements asdefined by the statewide strategic plan. The comprehensive building assessmentshall be designed and maintained to provide timely and uniform statewide dataon building condition and building longevity and future space requirements. The needs assessment shall be revised annually to reflect current conditionsand shall be capable of providing data sufficient to accommodate a five (5)year planning cycle.

 

(d) On or before November 1 of each year, the commission shall,based upon the assessment performed under subsection (c) of this section andupon facility plans and annual reports submitted by each college pursuant toW.S. 21-18-304(a)(xi), prioritize community college construction needs for thecurrent fiscal year and the succeeding four (4) fiscal years based upon:

 

(i) Criteria for statewide capacity for education programsaligned to the statewide college system strategic plan;

 

(ii) Analysis of student enrollment changes based uponcommission approved enrollment projection methodology, to determine the need forchanges in statewide building capacities over time for delivering statewideeducation program needs identified within the strategic plan;

 

(iii) A methodology and process established by the commission foridentifying the most critical building needs.

 

(e) The commission may modify construction needs prioritizedunder subsection (d) of this section in any subsequent fiscal year as necessaryto address statewide needs as substantiated by data, condition assessments,needs analysis and other information assembled by the commission under thissection. Needs receiving a lower priority than previously assigned may beremoved or reprioritized by the commission. Construction needs modified underthis subsection shall be reported to the general services division of thedepartment of administration and information.

 

(f) In addition to subsection (d) of this section and on orbefore November 1 of each year, the commission shall report college buildingsquare footage to the general services division of the department ofadministration and information as necessary for computation of majormaintenance funds for community college buildings. The reported square footageshall be restricted to that square footage necessary for the delivery ofeducation programs comprising the statewide college system strategic plan.

 

(g) Upon prioritizing community college construction needsunder subsection (d) of this section, the commission shall not later thanNovember 15 of each year, report the prioritized list to the general servicesdivision of the department of administration and information. In accordancewith W.S. 9-5-108(a)(ii), the general services division shall review, analyzeand study construction needs prioritized under subsection (d) of this sectionand conduct necessary value engineering analysis, schematic design review,safety and security assessments and other analysis and review prior tosubmission of recommendations to the state building commission. The statebuilding commission shall consider and incorporate prioritized constructionneeds recommendations into legislation requesting necessary funding, developedunder W.S. 9-5-108(a)(ii)(J), for submission to the legislature for review,authorization and approval. The legislation shall also include a separate appropriationfor contingency costs associated with recommended construction projects and aseparate appropriation for administrative costs of the general servicesdivision for management of the recommended construction projects as required bysubsection (j) of this section. The community college commission shall submita separate budget request for project design and planning funds to be availableto assist community colleges with costs incurred in developing and providingnecessary plans, designs and other information to the general services divisionfor purposes of this subsection. The general services division shall consultwith the community college commission in developing recommendations under thissubsection.

 

(h) The community college commission shall provide copies ofthe needs assessment, construction priorities and major maintenance squarefootage established under this section to members of the legislature on orbefore December 1 of each year.

 

(j) Subject to amounts made available by legislativeappropriation and to any conditions which may be attached to appropriationexpenditures, the commission shall distribute state funds for buildingconstruction approved and authorized by the legislature. Distributions ofstate funds for any approved and authorized construction project shall be inaccordance with payment schedules established by rule and regulation of thecommission. Payments by the commission shall be contingent upon the receipt ofany local district funding or commission approved documentation certifying thetimely receipt of such funds for the capital construction project as may berequired by legislative authorization, and shall also include the writtenapproval of the general services division, department of administration andinformation, of prescribed phases of the construction project and thecompletion of certain project phases. Construction phases for which approvalof the division is required shall be specified by commission rule andregulation, clearly prescribing a process for division review and approval ofproject plans and specifications, project development and project changes andchange orders. In carrying out duties under this subsection, the division mayexecute powers prescribed under W.S. 9-5-108(a)(iii) in coordination with thecommission and the appropriate community college district. No scheduledpayment shall be made by the commission without the approval of the division asrequired by the prescribed process.

 

(k) Appropriations for major maintenance shall be distributedby the commission to community colleges in amounts determined by the fundingformula developed by the general services division of the department ofadministration and information, subject to restrictions imposed on qualifyingsquare footage pursuant to this section.

 

ARTICLE 3 - COMMUNITY COLLEGE DISTRICTS

 

21-18-301. Community college district to be body corporate; name.

 

Eachcommunity college district which is formed under this act is a body corporateby the name and style of ".... Community College District, State ofWyoming", the blank space to contain the chosen name of the district, andin that name the district may hold property and be a party to suits andcontracts.

 

21-18-302. District board generally; quorum; organization; officers.

 

 

(a) Within thirty (30) days after the election establishing thecommunity college district, and on or about December 1 each year thereafter,the board shall meet and organize by electing one (1) of its members aspresident, one (1) as treasurer, and one (1) as secretary. The president shallpreside at all meetings of the board except that a temporary chairman may beselected by the board in his absence. The secretary shall keep the minutes andproceedings of all board meetings and the treasurer shall receive all fundspayable to the district and disburse them on the order of the board.

 

(b) A majority of the community college district board membersconstitutes a quorum for the transaction of all business but a minimum of three(3) concurring votes is required to decide any question.

 

21-18-303. District board generally; powers; board approved additionalmill levy.

 

(a) The community college district board may:

 

(i) Sue and be sued in the name by which the district isdesignated;

 

(ii) Hold and convey property for the benefit of the district inthe name by which the district is designated;

 

(iii) Employ legal counsel and bear the cost of litigation;

 

(iv) Construct or otherwise provide bookstores, vehicularparking facilities, recreational, or other facilities necessary and incidentalto the community college, and may fix rates and provide for the collection ofsame;

 

(v) Issue general obligation bonds for community collegepurposes as specified in this act;

 

(vi) Issue revenue bonds for the purposes, and in the mannerspecified in this act;

 

(vii) Establish and collect charges, and rentals and student feesfor services and facilities furnished, acquired, constructed, or purchased fromthe proceeds of revenue bonds;

 

(viii) Charge and collect fees and tuition;

 

(ix) Enter into agreements with any public or private agency,institution, person or corporation for the performance of acts or for thefurnishing of services or facilities by or for the community college districtor for the joint performance of an act or function or the joint furnishing ofservices and facilities by the district and the other party to the agreement;

 

(x) Insure against loss of property or revenue from any cause;

 

(xi) Insure against public liability or property damageconcerning the facilities authorized by the governing board, and insure andhold harmless from liability all administrative and teaching personnel, and allother employees of the community college district;

 

(xii) Establish criteria for appointments to fill vacancies inthe board not inconsistent with the provisions of this act and provide for theremoval of a board member for cause or change of residence;

 

(xiii) Call special meetings at the discretion of the boardpresident or a majority of the board without the necessity of publication offormal notice;

 

(xiv) Contribute to the financial support of the commission infunding or in-kind services as determined through consultation between thecommunity college boards and the commission;

 

(xv) Employ, at its own discretion, an assistant to thetreasurer of the community college district board, who shall be subject to thesame bonding and fiduciary regulations as are imposed upon the treasurer andwho may be empowered to satisfy debts of the district as they become due andowing;

 

(xvi) Confer degrees and certificates and grant diplomas as areusual for community colleges and authorized under its accreditation by theregional accrediting agency.

 

(b) In addition to the levy imposed under W.S. 21-18-304(a)(vii)and any levy imposed under W.S. 21-18-311(f), the community college districtboard may approve up to one (1) additional mill levy on the assessed value ofthe district for a period not to exceed two (2) years for the regular supportand operation of the college. A determination by the board shall be made at aregular or special meeting following a public hearing announced by the board.Notice of intent to levy all or a portion of the additional one (1) mill shallbe published in a newspaper of general circulation within the district at leastthirty (30) days before the hearing date. Upon approval, the board shall reportthe additional levy to the board of county commissioners of each county withinthe district in the same manner the necessary levy under W.S. 21-18-304(a)(vii)is reported. Any tax imposed under this subsection may be renewed by the boardfor additional two (2) year periods subject to public hearing requirementsspecified under this section and shall be levied, collected and distributedseparate from the tax imposed under W.S. 21-18-304(a)(vii) and any additionallevy imposed under W.S. 21-18-311(f). Revenues collected under this subsectionshall not be restricted by the commission in any manner but shall be identifiedin the biennial funding report of the college under W.S. 21-18-205(b).

 

21-18-304. District board generally; duties.

 

(a) The community college district board shall:

 

(i) Prescribe and enforce rules and regulations for its owngovernment and for government of the community college under its jurisdiction. Rules and regulations shall not be inconsistent with the rules and regulationsof the community college commission;

 

(ii) Prescribe requirements for graduation;

 

(iii) Report annually the revenues and expenses of the communitycollege district in accordance with the rules and regulations of the communitycollege commission;

 

(iv) Submit such reports as the community college commission mayrequire under W.S. 21-18-202;

 

(v) Require the treasurer and the assistant treasurer of thedistrict board to give such bond in such penalty and with such sureties as theboard shall direct and approve, conditioned upon the faithful application ofall money and property which may come into their hands by virtue of their office. Each bond shall not exceed one and one-half (1 1/2) times the amount of allcollege monies handled by the treasurer or assistant treasurer in any one (1)year. Bonds, after being approved by the board, shall be filed with the board,and no disbursements shall be made until the bonds are approved and filed. Incase of breach of conditions of bonds, suit shall be brought thereon by theboard for the benefit of the district;

 

(vi) Appoint a chief administrative officer of the communitycollege who shall be given such official title as the board may determine;

 

(vii) At the first meeting of each fiscal year or at anyappropriate time, make an estimate of the amount of funds required to be raisedthrough a tax levy upon the property lying within the district for communitycollege purposes, and present to the board of county commissioners of eachcounty included within the district, a certified estimate of the tax requiredto raise the appropriate amount. The tax in any one (1) year shall not exceedfour (4) mills on the assessed value of the district, excluding any taxapproved by the board and imposed under W.S. 21-18-303(b) and any tax approvedby the district electors and imposed under W.S. 21-18-311(f). The tax shall belevied and collected in the same manner as other county taxes and whencollected, the county treasurer shall forward the tax revenue to the treasurerof the community college district board;

 

(viii) Control and disburse, or cause to be disbursed, all moniesreceived from any source to maintain the community college;

 

(ix) Keep a record of all the official acts performed by theboard and keep a record of all warrants issued against the monies belonging tothe community college district. Payments of money shall be made upon warrant drawnagainst funds belonging to the community college district and the warrants sodrawn must specify upon their face the purposes for which funds are called forby warrants. The board shall provide, at the expense of the district, a seal,upon which shall be engraved the words, ".... Community College District,State of Wyoming", the blank space to contain the legal name of thecollege district. The seal shall be kept in the possession of the secretary,shall be affixed to all communications or notices required by law to be sent orpublished by the board and to all warrants drawn upon the district;

 

(x) Conduct elections held by the community college districtfor election of board members, the issuance of bonds, the questions of milllevies and annexations and any other community college election appropriatelywithin the jurisdiction of the district board, all in accordance with theelection procedures set forth in this act;

 

(xi) Develop and maintain a comprehensive plan of districtbuildings addressing district long-term building needs, clearly distinguishingthose building needs associated with education space needs attached to thestatewide college system strategic plan developed by the community collegecommission under W.S. 21-18-202(a)(v) from other district needs which may beincluded within the district's long-term plan. Building plans and capitalconstruction requests shall be submitted to the commission in a form and formatspecified by commission rule and regulation. In addition, the board shallprovide planning, design and other information required by the department ofadministration and information under W.S. 21-18-225(g) and shall cooperate withthe department and the commission as necessary to undertake any buildingconstruction project receiving state funds and addressing needs prioritized bythe commission in accordance with W.S. 21-18-225.

 

21-18-305. Budget.

 

Thechief administrative officer shall annually cause to be submitted a budget forthe approval of the community college district board.

 

21-18-306. Bonds of officers and employees.

 

Thecommunity college district may require each officer and employee whose duty itis to handle funds or property of the district to be bonded under a suitablebond indemnifying the district against loss. The board shall determine theamount and the type of the bond.

 

21-18-307. Admission of state high school graduates withoutexamination.

 

Aperson who graduates from a high school in this state shall be admitted to acommunity college of this state without further qualifying examination.

 

21-18-308. Number of board members; election; subdistricts;apportionment.

 

 

(a) Each community college district board shall consist ofseven (7) members to be elected as provided by law.

 

(b) The community college district board may by resolutionpartition the community college district into election subdistricts to providefor representation on the district board in accordance with population. Wherepopulation figures permit, monetary evaluation and geographic factors may beconsidered in determining subdistricts.

 

(c) The community college district board shall by resolutiondesignate the number of members of the district board which shall be electedfrom each election subdistrict if any, in accordance with the population of thecommunity college district and the respective election subdistricts.

 

21-18-309. First regular election of board; fiscal year.

 

Thefirst regular election of a community college board following creation of acommunity college district shall not be held until the May election dateauthorized under W.S. 22-21-103 of the first fiscal year in which a specialmill tax is levied and assessed against the taxable property of the districtfor the uses and purposes of the district. The fiscal year of each communitycollege district shall begin on July 1 of each year and shall end on June 30 ofthe following year.

 

21-18-310. Annexation of additional counties into district; annexationelection.

 

(a) Established community college districts may be enlarged byannexing additional counties as provided in this section. A county may beannexed under this section to an existing community college district with whichit is contiguous or any other community college district approved by the communitycollege commission.

 

(b) Upon receipt of a petition signed by at least ten percent(10%) of the qualified electors residing within the county sought to be annexedrequesting that the county be annexed to the community college district or uponreceipt of a resolution calling for annexation by the board of countycommissioners of the county sought to be annexed, the community collegedistrict board shall within ten (10) days following receipt, approve or denythe petition or resolution. If approved, the district board shall request anelection to be held in the county seeking annexation in accordance with thedates and procedures provided by W.S. 22-21-103 through 22-21-110. The numberof electors required for a petition shall be determined by the number of votescast at the last general election.

 

(c) The community college district board shall pay all costsincident to the election.

 

(d) The ballot in an election for annexation of any county toan existing community college district shall state the question insubstantially the following form:

 

(i) "Shall .... County, Wyoming be annexed to theestablished .... Community College District, giving .... Community CollegeDistrict the authority to levy a tax not to exceed four (4) mills on theassessed value of the county and in addition, to impose a levy of .... mills(not to exceed five (5) mills) on the assessed value of the county aspreviously approved by the district electors and imposed under W.S.21-18-311(f), all revenues of which shall be used for the operation andmaintenance of the Community College located at ...., Wyoming?"

 

Annexation and mill levy--------------------------- YES 

 

Annexation and mill levy---------------------------- NO 

 

(e) Only qualified voters residing within the county to beannexed shall be allowed to vote in the election.

 

(f) If the annexation is approved by the voters of the countyto be annexed:

 

(i) The county clerk shall immediately notify the countycommissioners and the county commissioners shall levy the special mill tax inthe manner provided by law;

 

(ii) The community college district board shall immediately andby resolution partition the enlarged district into election subdistricts toprovide for board representation based upon population and shall designate thenumber of board members to be elected from each subdistrict in accordance withthe population of the enlarged district and the respective electionsubdistricts. In accordance with W.S. 21-18-308(a), the board of the enlargeddistrict shall be comprised of not more than seven (7) members;

 

(iii) An election of members of the board of trustees of theenlarged community college district shall be held as determined by the board ofcounty commissioners, on a date which is not less than sixty (60) daysfollowing the date annexation is approved based upon the apportionment by theboard under paragraph (f)(ii) of this section. Nominations to the board of theenlarged district shall be submitted in substantially the same manner asprescribed under W.S. 21-18-312(j) for initial community college districtboards and the election shall be otherwise conducted as provided by law. Termsof office of board members filled prior to the date annexation is approvedshall expire at 12:00 noon on the first day immediately following the electionof board members of the enlarged district. Initial terms of trustees to beelected to the enlarged community college district board shall begin on thefirst day immediately following the election and shall be for not less than two(2) or not less than four (4) years as determined by the board as necessary tocoincide with the terms of office prescribed under W.S. 22-22-102. Not morethan four (4) initial members shall be elected for terms of not less than four(4) years and the board shall designate and report to the appropriate


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title21 > Chapter18

CHAPTER 18 - COMMUNITY COLLEGES

 

ARTICLE 1 - GENERALLY

 

21-18-101. Short title.

 

This act shall be known and may be cited asthe "Wyoming Community College System Code."

 

21-18-102. Definitions.

 

(a) As used in this act:

 

(i) "Academic program" means those programs approvedby the commission which provide credits resulting in a two (2) year associatedegree or which may be transferred to an accredited four (4) year college oruniversity;

 

(ii) "Administrative computing," means hardware andsoftware components that support data processing activities for daily businessoperations and provide support for management information systems.Administrative computing shall be distinct from academic computing operationsthat support instructional programs;

 

(iii) "Assessed value" means the total assessed valueof any community college district;

 

(iv) "Biennial funding report" means the current fundsestimated by each college to be expended in a biennial period. For purposes ofthis paragraph, "current funds" shall be as defined by the nationalassociation of college and university business officers;

 

(v) "College system" means the community colleges andthe community college commission established pursuant to this act;

 

(vi) "Commission" means the community collegecommission of Wyoming;

 

(vii) "Community college" means an institutionestablished under this act;

 

(viii) "Community college district" means a bodycorporate established by statute as a subdivision of a county or counties thatestablishes or maintains a community college;

 

(ix) "Community service programs" means all programs,class activities and services sponsored by a college which are not for creditor part of an academic, vocational-technical or continuing education program;

 

(x) "Continuing education programs" means thoseprograms, class activities and services sponsored by a college which providejob skills necessary to remain in or advance as a member of the work forcewhich do not result in degrees or certificates;

 

(xi) "Coordination" means to facilitate collaborativeinteraction among state government, the boards of the individual communitycolleges, the community college commission and other entities;

 

(xii) "Full-time equivalency" means the number ofapproved academic or vocational-technical credit hours for each class for whichstudents are enrolled divided by twelve (12);

 

(xiii) "Governing board" or "board" means thecommunity college district board;

 

(xiv) "School district" means any school districtestablished pursuant to the laws of this state excluding community colleges andcommunity college districts;

 

(xv) "Vocational-technical programs" means thoseprograms approved by the commission which provide job skills necessary toenter, remain in or advance as a member of the work force and result in degreesor certificates;

 

(xvi) "This act" means W.S. 21-18-101 through21-18-317.

 

21-18-103. Transfer of property from existing to newly establishedcommunity college district; indebtedness and obligations to pass to new collegedistrict.

 

Whenevera community college district is established and created and includes territorycomprising a community college district already supporting and operating acommunity college, the board of trustees of the existing community collegedistrict shall immediately, by proper conveyance, transfer unto the newcommunity college district all of the assets, both real and personal, used inthe operation of, or in any manner connected with, the former college. Theproperty shall become the property of the new college district and any and allindebtedness or obligations, in any manner created, in relation to the propertyso transferred shall automatically, by operation of law, become theindebtedness or obligations of the new college district as if originallycreated by action of the new college district.

 

21-18-104. Small business development centers.

 

Thesmall business development centers shall be operated by the University ofWyoming. The university shall specify the organizational structure of thenetwork of centers in consultation with the Wyoming business council created byW.S. 9-12-103. The university shall integrate the operations of the centerswith the Wyoming business council to the fullest extent permitted by federallaw.

 

21-18-105. Budget authority.

 

(a) The community college commission shall include in itsbudget request funding for Wyoming public television.

 

(i) Repealed by Laws 1995, ch. 20, 2.

 

(ii) Repealed by Laws 1995, ch. 20, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 1997, ch. 178, 2.

 

(b) The central Wyoming community college district board shalloversee the operations of Wyoming public television. The board shall assistWyoming public television to provide educational, cultural and informationalprogramming to the residents of this state.

 

(c) In addition to subsection (a) of this section, thecommunity college commission shall administer and shall include in its budgetrequest funding for the following programs:

 

(i) Adult basic education program; and

 

(ii) General educational development program.

 

ARTICLE 2 - COMMUNITY COLLEGE COMMISSION

 

21-18-201. Community college commission; created; composition; removal.

 

(a) The Wyoming community college commission is created.

 

(b) The commission consists of seven (7) appointed members:

 

(i) Repealed By Laws 2000, Ch. 73, 3.

 

(ii) No less than three (3) nor more than four (4) appointedmembers shall be from counties in which a community college district islocated;

 

(iii) No more than four (4) members shall be from the samepolitical party.

 

(c) The governor and the state superintendent of publicinstruction are ex officio nonvoting members of the commission.

 

(d) Appointments to the commission shall be made by thegovernor with the advice and consent of the senate. Vacancies shall be filledby the governor as provided by W.S. 28-12-101. Commission members shall not beemployees or trustees of a community college district. All terms ofappointment shall be for four (4) years except appointments to fill unexpiredterms. No person shall be appointed for more than two (2) full four (4) yearterms plus any portion of a term served while filling a vacancy. The governormay remove any commission member as provided in W.S. 9-1-202.

 

(e) A chairman and officers of the commission shall be electedbiennially by the commission from its members.

 

(f) The members of the commission shall be paid per diem andtravel expenses while attending commission meetings at the same rate allowedmembers of the legislature. The commission shall meet at least four (4) timeseach fiscal year.

 

(g) Any commissioner who does not attend at least fifty percent(50%) of scheduled commission meetings during any year commencing from the dateof appointment is automatically removed from office. The director of thecommission shall certify the name of any commissioner who has not attended atleast fifty percent (50%) of scheduled meetings during each appointment year tothe governor who shall appoint a successor to fill the vacancy within two (2)weeks from the date of certification.

 

21-18-202. Powers and duties of the commission.

 

(a) The commission shall perform the following generalfunctions:

 

(i) Advocate community college education to the office of thegovernor, the legislature, the University of Wyoming, public educationagencies, the business sector and other appropriate entities;

 

(ii) Establish tuition rates for the community colleges;

 

(iii) Establish residency requirements;

 

(iv) Maintain an administrative computing system contract andInternet or similar proprietary or common carrier electronic system access formembers of the system;

 

(v) Develop and maintain a statewide college system strategicplan for the delivery of educational programs in Wyoming by each collegepursuant to subsection (h) of this section.

 

(b) The commission shall perform the following coordinationfunctions. In performing these coordination functions all affected colleges andthe commission shall be involved:

 

(i) Coordinate the submission of data to the integratedpostsecondary education data systems;

 

(ii) Coordinate and maintain the common course numbering system;

 

(iii) Repealed By Laws 2003, Ch. 202, 2.

 

(iv) Coordinate academic and vocational technical programsoffered by any community college in another community college service area whena physical presence will be established;

 

(v) Coordinate the provision by means of electronic internet orsimilar proprietary or common carrier electronic system technology, by acommunity college or several community colleges, the general education courses necessary for completion of an educational program in the field of nursing at acommunity college or a baccalaureate degree program in nursing at theUniversity of Wyoming;

 

(vi) In addition to paragraph (iv) of this subsection and forany program requested by the board of county commissioners representing acommunity within the existing service area of any community college and thatcollege has determined not to provide the requested program within thecommunity, coordinate a response to the requesting board. Any communitycollege shall refer the requested community program to the commission if itcannot provide the requested program. Upon referral, the commission shallprovide a response under this paragraph;

 

(vii) Repealed by Laws 2009, Ch. 211, 3.

 

(c) The commission shall perform the following administrativefunctions:

 

(i) Create and maintain a funding allocation model by rule;

 

(ii) In accordance with W.S. 21-18-203(a), prepare budgetrequests for the operation and support of the colleges and the commission, andpursuant to W.S. 21-18-225, prepare budget requests for capital constructionand major maintenance;

 

(iii) Disburse to the colleges state funds in accordance withW.S. 9-4-601(b)(iv)(A) and 21-18-205 and other funds under commission auspices;

 

(iv) Administer those functions explicitly assigned to thecommission by statute;

 

(v) Appoint a director who shall perform duties as prescribedby the commission. The director shall receive an annual salary as determined bythe commission and approved by the governor. The director shall hire staff asrequired to carry out this act and as approved by the commission. Subject tolegislative budget authorization staff salaries shall be established by thedirector with the approval of the commission;

 

(vi) Establish and promote accomplishment of statewidepriorities for the college system in consultation with the colleges;

 

(vii) Subject to appropriation by the legislature, the commissionshall fully fund a teaching faculty position whenever a community collegecommits to expanding its college-funded nursing program capacity by eight (8)students. A community college shall be eligible to apply for the funding underthis paragraph only if enrollment in the nursing program of the applicantinstitution was not less than ninety-five percent (95%) of the totalcollege-funded nursing program capacity at the beginning of the most recentfall academic semester. Funding provided under this paragraph for the specificpurpose of expanding a nursing program capacity shall be reduced by an amountequal to that provided to fund one (1) teaching faculty position for everyreduction of eight (8) full-time equivalent students in the college-funded nursingprogram, as determined by comparing the beginning enrollments of the two (2)most recent fall academic semesters. Funding reductions shall not exceed thetotal amount of funding provided to a community college under this paragraph.Any appropriation made for purposes of this paragraph shall, in accordance withW.S. 21-18-205(e), be accounted for and distributed separately from the fundingallocation model for community colleges;

 

(viii) Following public hearing, review and modify or maintaincommunity college service areas provided all counties to be annexed to acollege service area are contiguous to that service area. Determinations madeunder this paragraph shall be subject to review in accordance with the WyomingAdministrative Procedure Act.

 

(d) The commission shall perform the following approvalfunctions:

 

(i) Approve all new programs qualifying for state fundingpursuant to the statewide community college strategic plan developed undersubsection (h) of this section;

 

(ii) Review existing programs, determine the most effective andefficient delivery of programs qualifying for state funding pursuant to thestatewide community college system strategic plan and terminate state fundingfor those programs which are inconsistent with the statewide community collegesystem strategic plan;

 

(iii) Approve enlargement and formation of community collegedistricts in accordance with W.S. 21-18-310 and 21-18-312;

 

(iv) Approve the format of community college budgets as providedin W.S. 16-4-104;

 

(v) Approve all new capital construction projects in excess ofone hundred thousand dollars ($100,000.00) for which state funds are or couldbe eventually applied. "New capital construction projects" include:

 

(A) New construction, renovation and capital renewal in excessof one hundred thousand ($100,000.00) market value which is not necessarymaintenance or repair;

 

(B) The acquisition of real property in excess of one hundredthousand dollars ($100,000.00) market value whether by purchase or exchange;and

 

(C) Previously approved and uncompleted new capitalconstruction projects which have increased in total cost by ten percent (10%)or more since cost estimates were developed at the time of initial projectapproval under this paragraph and W.S. 21-18-205(g).

 

(e) The commission shall perform the following review andreport functions:

 

(i) Report the findings of institutional and specializedaccreditation studies;

 

(ii) In addition to audits required of colleges under W.S.16-4-121 and to ensure uniformity of audit procedures and reporting formats,conduct enrollment audits and report financial and enrollment audit findings tothe legislature and governor. In carrying out this paragraph and maintainingthe funding allocation model under paragraph (c)(i) of this section:

 

(A) The commission shall ensure uniform accounting in recordingfull-time equivalent students and reporting financial data;

 

(B) Each community college shall report information to thecommission in a uniform, consistent and accurate manner as required bycommission rule and regulation;

 

(C) The commission may participate in financial auditsconducted by each community college and assist in the analysis of auditfindings for subsequent reporting under this paragraph.

 

(iii) Review college districts and provide subsequent reports andrecommendations to the governor and legislature in coordination with theregional accrediting agency;

 

(iv) Develop annual reports to the legislature on the outcomesof partnerships between colleges and the University of Wyoming and otherentities;

 

(v)(A) The commission shall provide annual reports to thelegislature and governor on the performance of individual community collegesand the college system as well as on the achievement of statewide priorities asspecified in the statewide college system strategic plan. The commission andthe colleges shall work together in a collaborative effort in defining thereport formats and the methodology and data elements required in preparing thereports and a reasonable time line for completion of reports;

 

(B) For the reporting effort under this paragraph, thecommission shall maintain a management information system and each communitycollege shall maintain accurate administrative records to provide the necessarydata to the commission for these studies and reports. The colleges shallprovide the commission with all data required in preparing each of the reportsthe commission shall request. The commission and the colleges shall safeguardall institutional and individual student record data under the provisions ofthe Privacy Act of 1974 and the Family Educational Rights and Privacy Act orsubsequent similar enactments;

 

(C) Reports provided by the commission to the legislature andgovernor shall be attached with and aligned to the college system performancebenchmarks, outcome measures and other performance indicators specified in anddefined by the strategic plan.

 

(I) Repealed By Laws 2009, Ch. 211, 3.

 

(II) Repealed By Laws 2009, Ch. 211, 3.

 

(III) Repealed By Laws 2009, Ch. 211, 3.

 

(IV) Repealed By Laws 2009, Ch. 211, 3.

 

(V) Repealed By Laws 2009, Ch. 211, 3.

 

(VI) Repealed By Laws 2009, Ch. 211, 3.

 

(VII) Repealed By Laws 2009, Ch. 211, 3.

 

(VIII) Repealed By Laws 2009, Ch. 211, 3.

 

(IX) Repealed By Laws 2009, Ch. 211, 3.

 

(X) Repealed By Laws 2009, Ch. 211, 3.

 

(XI) Repealed By Laws 2009, Ch. 211, 3.

 

(XII) Repealed By Laws 2009, Ch. 211, 3.

 

(XIII) Repealed By Laws 2009, Ch. 211, 3.

 

(D) Repealed By Laws 2009, Ch. 211, 3.

 

(vi) The commission and the colleges shall collaborate toidentify any additional areas of educational concerns which require datacollection and reporting.

 

(f) The commission shall perform the following implementingfunctions:

 

(i) Establish reasonable timelines and deadlines for thesubmission of data requested by the commission;

 

(ii) Assure uniform college accounting practices in reportingdata to the commission, through the use of national association of college anduniversity business officers nomenclature;

 

(iii) Withhold not more than five percent (5%) of stateappropriations from any college in noncompliance with this act or rules of thecommission. Any such action shall be subject to the provisions of W.S. 16-3-114and applicable rules of the Wyoming supreme court;

 

(iv) Advance collaboratively developed legislative proposals onbehalf of the college system and commission to the legislature and the officeof the governor;

 

(v) Adopt rules and regulations consistent with the provisionsof this act as necessary to carry out its statutory duties andresponsibilities.

 

(g) All decision making authority related to the operation ofthe community colleges which is not specifically granted to the commission bystatute shall be reserved to the local boards.

 

(h) The commission shall prior to the beginning of eachbiennial budget period, review, update and modify the statewide college systemstrategic plan. The plan shall clearly prescribe the components of theeducational program and attach program components to statewide systempriorities. This plan shall serve as the basis for state operational andcapital construction budget requests and funding of the statewide collegesystem for the applicable biennial budget period. In developing, reviewing andupdating the strategic plan, the commission shall:

 

(i) Consult with the seven (7) community colleges, state andlocal governmental agencies and other agencies and organizations representingstate economic and industry sectors;

 

(ii) Include mechanisms within the planning process which adhereto the state's interests in establishing a statewide college system identifiedas assuring statewide access to academic programs, career-technical educationand training programs, dual and concurrent enrollment programs, remedial andcontinuing education programs responding to needs of students, employers andthe state workforce, including program access through outreach or coordinatedelectronic system technology;

 

(iii) Develop performance benchmarks, outcome measures and otherperformance indicators which serve as the basis for annual reporting to thelegislature and the governor under paragraph (e)(v) of this section, includingbut not limited to:

 

(A) Student goal attainment and retention;

 

(B) Student persistence;

 

(C) Degree and certificate completion rates;

 

(D) Placement rate of graduates in the workforce;

 

(E) Licensure and certification pass rates;

 

(F) Demonstration of critical literacy skills;

 

(G) Success in subsequent, related coursework;

 

(H) Number and rate of students who transfer.

 

(iv) Attach performance indicators to funding to achieveestablished results.

 

21-18-203. Budget procedure.

 

(a) In collaboration with the boards of the community colleges,the commission shall submit state appropriation requests on behalf of thecommunity college system in compliance with the statewide community collegesystem strategic plan, which are based upon amounts appropriated to the systemby the legislature for the biennial period immediately preceding the bienniumfor which the budget request is to be made. Exception budget requests may bemade for any biennial budget period by the commission on behalf of the collegesystem which are in addition to the prior period adjusted amount and unlessotherwise specified by the commission, are limited exclusively to the fiscalperiod for which the request is submitted and shall not be included in thestandard budget request of any subsequent biennial budget request. The requestsshall be made upon forms and in a format to be determined by the budgetdivision of the department of administration and information.

 

(i) Repealed By Laws 2000, Ch. 33, 2.

 

(ii) Repealed By Laws 2000, Ch. 33, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 2000, Ch. 33, 2.

 

(v) Repealed By Laws 2000, Ch. 33, 2.

 

(b) Repealed By Laws 2000, Ch. 33, 2.

 

(c) To facilitate its appropriation request, the communitycollege commission shall hold at least one (1) budget hearing for the communitycolleges.

 

(d) Repealed By Laws 2000, Ch. 73, 3.

 

21-18-204. Commission and districts subject to public recordsprovisions; Uniform Municipal Fiscal Procedures Act.

 

(a) The commission and the community college districts aresubject to the provisions of W.S. 16-4-201 through 16-4-205.

 

(b) The community college districts are subject to theprovisions of the Uniform Municipal Fiscal Procedures Act. Audits for eachcommunity college required by W.S. 16-4-121 shall be performed by independentauditors selected by the college. The audits shall be conducted in accordancewith guidelines set forth in W.S. 9-1-507. The independent auditors shallsubmit audit findings to the college board of trustees, the commission and thebudget division of the department of administration and information. Questionsby the commission regarding audits shall be submitted to the community collegesfor response.

 

21-18-205. Appropriation and distribution of state funds; restrictions;budget authority.

 

(a) To qualify for state funding, a community college shall:

 

(i) Be accredited academically by the regional accreditingagency; and

 

(ii) Provide for a levy of four (4) mills on the taxablevaluation of the district for the regular support and operation of thecommunity college in the year for which the appropriation is requested.

 

(b) A biennial funding report shall be provided by eachcommunity college to the community college commission at the beginning of eachbiennium in a form and format determined by the commission. Any amendments tothe report shall be provided to the commission immediately after adoption bythe board.

 

(c) State funding for the assistance of community collegesshall be appropriated to the community college commission unless otherwisespecified by law. Subject to the provisions of this section, funds appropriatedfor each biennium shall be distributed by the commission to community collegesin amounts determined by a funding allocation model adopted by rule of thecommission. Funding allocation model components for fixed and variable costsshall be defined by and computed in accordance with guidelines and proceduresprescribed by rule and regulation of the commission, applied to thedistribution of state appropriations for each biennial budget period and reallocatedat a schedule specified by rule and regulation of the commission, but in noevent less than once every four (4) years. The commission may maintain acontingency reserve account utilizing any revenue derived under W.S.9-4-601(b)(iv)(A) to be distributed as a component of the funding allocationmodel for specific use by the colleges for emergency repairs and preventivemaintenance.

 

(i) Repealed By Laws 2000, Ch. 33, 2.

 

(ii) Repealed By Laws 2000, Ch. 33, 2.

 

(iii) Repealed By Laws 2000, Ch. 33, 2.

 

(iv) Repealed By Laws 2000, Ch. 33, 2.

 

(d) Repealed By Laws 2000, Ch. 33, 2.

 

(e) The commission may by exception budget, request additionalstate funding to be designated as special purpose funding, accounted for anddistributed separately from distributions under the funding allocation model.Special purpose funding under this subsection shall be limited to amounts andfor the period of time specified by the legislature and shall not be includedin any subsequent biennial budget unless specifically requested by thecommission and approved by the legislature. Funds appropriated pursuant to thissubsection shall be distributed in amounts and at times determined by thecommission, subject to the following:

 

(i) Special purpose funding, accounted for separately, to bedesignated as adjustments to funding allocation model distributions for theeffects of enrollment growth shall not be transferred to or expended for anyother purpose. Any amount of this special purpose funding request remainingunexpended or unencumbered at the end of the budget period for whichappropriated shall revert according to law;

 

(ii) Special purpose funding may be requested under thissubsection for use by the commission in funding new programs addressingunanticipated and emerging statewide needs during the biennial budget periodwhich are consistent with the statewide community college system strategicplan. Funds appropriated by the legislature for purposes of this paragraphshall be accounted for separately and shall not be transferred or expended forany other purpose or as part of state assistance under subsection (c) of thissection. Any unexpended or unencumbered amount of special purpose fundingunder this paragraph remaining at the end of the budget period for whichappropriated shall revert as provided by law.

 

(f) Up to eight percent (8%) of each community college'sunrestricted operating funds for a biennium may be carried forward into thenext biennium by each community college. The cumulative total amount ofunrestricted operating funds carried forward from previous bienniums shallnever exceed eight percent (8%) of the community college's current bienniumunrestricted operating funds. Funds carried forward in accordance with thissubsection shall not lapse pursuant to W.S. 9-4-207.

 

(g) No state funds shall be used for the maintaining, operatingor equipping of any capital construction project in excess of one milliondollars ($1,000,000.00) which was not approved by the commission and authorizedby the legislature.

 

21-18-206. Paying out appropriations by warrants drawn upon vouchers;application of share to default in payment on revenue bonds.

 

Thestate treasurer shall pay out state appropriations for community colleges onwarrants drawn by the auditor of the state upon vouchers issued and signed bythe director of the commission. If any community college entitled to paymentout of any appropriation has defaulted in the payment of interest or principalon any revenue bonds issued by the community college and purchased by the statetreasurer, the state treasurer shall withhold from the community college thatportion of its share of any state aid or appropriation and shall apply theshare to any default which has or may in the future occur. Warrants may bedrawn upon the state treasurer by the state investment board certifying thedefault.

 

21-18-207. Cooperative educational services.

 

Thecommission shall encourage community colleges and school districts to utilizethe procedures provided by W.S. 21-20-101 through 21-20-109.

 

21-18-208. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-209. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-210. Repealed by Laws 1985, ch. 208, 5.

 

21-18-211. Repealed by Laws 1985, ch. 208, 5.

 

 

21-18-212. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-213. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-214. Renumbered by Laws 1985, ch. 208, 3.

 

21-18-215. Renumbered by Laws 1985, ch. 208, 3.

 

 

21-18-216. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-217. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-218. Renumbered by Laws 1985, ch. 208, 4.

 

21-18-219. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-220. Renumbered by Laws 1985, ch. 208, 3, 4.

 

 

21-18-221. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-222. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-223. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-224. Renumbered by Laws 1985, ch. 208, 4.

 

 

21-18-225. College maintenance and capital construction funding.

 

(a) As part of its administrative functions, the communitycollege commission shall identify community college building needs, develop aprioritized list of community college capital construction projects and forwardrecommendations for community college capital construction projects to thestate building commission. The community college commission shall also submitmajor maintenance budget requests for college buildings to the legislature inaccordance with this section. Major maintenance budget requests shall be basedupon a formula, forms, and a format specified by the budget division of thedepartment of administration and information. College building maintenancebudget requests submitted by the community college commission to thelegislature and capital construction budget requests forwarded by the statebuilding commission to the legislature shall include only necessary buildingsquare footage required for provision of those education programs comprisingthe statewide college system strategic plan developed and maintained under W.S.21-18-202(a)(v).

 

(b) To carry out this section and in accordance with rules andregulations of the state building commission promulgated under W.S. 9-5-107(d)and (e) serving as guidelines for implementation and administration of thissection, the commission shall establish and maintain:

 

(i) A statewide community college building data base comprisedof building inventory, specific building condition, square footage, usage,space utilization and building capacity data;

 

(ii) Statewide planning and reporting criteria and guidelinesfor use by community college districts in developing and maintainingcomprehensive long-range plans for district building needs as required underW.S. 21-18-304(a)(xi), providing necessary guidance to college districts for separatingfuture building space needs and requests attached to the statewide collegesystem strategic plan from other district space requests;

 

(iii) Methodologies for use by community college districts incomputing future student enrollments, building space demands and futurebuilding needs in establishing long-range plans addressing district buildingneeds.

 

(c) The commission shall conduct and maintain a comprehensiveassessment of community college buildings and future space requirements asdefined by the statewide strategic plan. The comprehensive building assessmentshall be designed and maintained to provide timely and uniform statewide dataon building condition and building longevity and future space requirements. The needs assessment shall be revised annually to reflect current conditionsand shall be capable of providing data sufficient to accommodate a five (5)year planning cycle.

 

(d) On or before November 1 of each year, the commission shall,based upon the assessment performed under subsection (c) of this section andupon facility plans and annual reports submitted by each college pursuant toW.S. 21-18-304(a)(xi), prioritize community college construction needs for thecurrent fiscal year and the succeeding four (4) fiscal years based upon:

 

(i) Criteria for statewide capacity for education programsaligned to the statewide college system strategic plan;

 

(ii) Analysis of student enrollment changes based uponcommission approved enrollment projection methodology, to determine the need forchanges in statewide building capacities over time for delivering statewideeducation program needs identified within the strategic plan;

 

(iii) A methodology and process established by the commission foridentifying the most critical building needs.

 

(e) The commission may modify construction needs prioritizedunder subsection (d) of this section in any subsequent fiscal year as necessaryto address statewide needs as substantiated by data, condition assessments,needs analysis and other information assembled by the commission under thissection. Needs receiving a lower priority than previously assigned may beremoved or reprioritized by the commission. Construction needs modified underthis subsection shall be reported to the general services division of thedepartment of administration and information.

 

(f) In addition to subsection (d) of this section and on orbefore November 1 of each year, the commission shall report college buildingsquare footage to the general services division of the department ofadministration and information as necessary for computation of majormaintenance funds for community college buildings. The reported square footageshall be restricted to that square footage necessary for the delivery ofeducation programs comprising the statewide college system strategic plan.

 

(g) Upon prioritizing community college construction needsunder subsection (d) of this section, the commission shall not later thanNovember 15 of each year, report the prioritized list to the general servicesdivision of the department of administration and information. In accordancewith W.S. 9-5-108(a)(ii), the general services division shall review, analyzeand study construction needs prioritized under subsection (d) of this sectionand conduct necessary value engineering analysis, schematic design review,safety and security assessments and other analysis and review prior tosubmission of recommendations to the state building commission. The statebuilding commission shall consider and incorporate prioritized constructionneeds recommendations into legislation requesting necessary funding, developedunder W.S. 9-5-108(a)(ii)(J), for submission to the legislature for review,authorization and approval. The legislation shall also include a separate appropriationfor contingency costs associated with recommended construction projects and aseparate appropriation for administrative costs of the general servicesdivision for management of the recommended construction projects as required bysubsection (j) of this section. The community college commission shall submita separate budget request for project design and planning funds to be availableto assist community colleges with costs incurred in developing and providingnecessary plans, designs and other information to the general services divisionfor purposes of this subsection. The general services division shall consultwith the community college commission in developing recommendations under thissubsection.

 

(h) The community college commission shall provide copies ofthe needs assessment, construction priorities and major maintenance squarefootage established under this section to members of the legislature on orbefore December 1 of each year.

 

(j) Subject to amounts made available by legislativeappropriation and to any conditions which may be attached to appropriationexpenditures, the commission shall distribute state funds for buildingconstruction approved and authorized by the legislature. Distributions ofstate funds for any approved and authorized construction project shall be inaccordance with payment schedules established by rule and regulation of thecommission. Payments by the commission shall be contingent upon the receipt ofany local district funding or commission approved documentation certifying thetimely receipt of such funds for the capital construction project as may berequired by legislative authorization, and shall also include the writtenapproval of the general services division, department of administration andinformation, of prescribed phases of the construction project and thecompletion of certain project phases. Construction phases for which approvalof the division is required shall be specified by commission rule andregulation, clearly prescribing a process for division review and approval ofproject plans and specifications, project development and project changes andchange orders. In carrying out duties under this subsection, the division mayexecute powers prescribed under W.S. 9-5-108(a)(iii) in coordination with thecommission and the appropriate community college district. No scheduledpayment shall be made by the commission without the approval of the division asrequired by the prescribed process.

 

(k) Appropriations for major maintenance shall be distributedby the commission to community colleges in amounts determined by the fundingformula developed by the general services division of the department ofadministration and information, subject to restrictions imposed on qualifyingsquare footage pursuant to this section.

 

ARTICLE 3 - COMMUNITY COLLEGE DISTRICTS

 

21-18-301. Community college district to be body corporate; name.

 

Eachcommunity college district which is formed under this act is a body corporateby the name and style of ".... Community College District, State ofWyoming", the blank space to contain the chosen name of the district, andin that name the district may hold property and be a party to suits andcontracts.

 

21-18-302. District board generally; quorum; organization; officers.

 

 

(a) Within thirty (30) days after the election establishing thecommunity college district, and on or about December 1 each year thereafter,the board shall meet and organize by electing one (1) of its members aspresident, one (1) as treasurer, and one (1) as secretary. The president shallpreside at all meetings of the board except that a temporary chairman may beselected by the board in his absence. The secretary shall keep the minutes andproceedings of all board meetings and the treasurer shall receive all fundspayable to the district and disburse them on the order of the board.

 

(b) A majority of the community college district board membersconstitutes a quorum for the transaction of all business but a minimum of three(3) concurring votes is required to decide any question.

 

21-18-303. District board generally; powers; board approved additionalmill levy.

 

(a) The community college district board may:

 

(i) Sue and be sued in the name by which the district isdesignated;

 

(ii) Hold and convey property for the benefit of the district inthe name by which the district is designated;

 

(iii) Employ legal counsel and bear the cost of litigation;

 

(iv) Construct or otherwise provide bookstores, vehicularparking facilities, recreational, or other facilities necessary and incidentalto the community college, and may fix rates and provide for the collection ofsame;

 

(v) Issue general obligation bonds for community collegepurposes as specified in this act;

 

(vi) Issue revenue bonds for the purposes, and in the mannerspecified in this act;

 

(vii) Establish and collect charges, and rentals and student feesfor services and facilities furnished, acquired, constructed, or purchased fromthe proceeds of revenue bonds;

 

(viii) Charge and collect fees and tuition;

 

(ix) Enter into agreements with any public or private agency,institution, person or corporation for the performance of acts or for thefurnishing of services or facilities by or for the community college districtor for the joint performance of an act or function or the joint furnishing ofservices and facilities by the district and the other party to the agreement;

 

(x) Insure against loss of property or revenue from any cause;

 

(xi) Insure against public liability or property damageconcerning the facilities authorized by the governing board, and insure andhold harmless from liability all administrative and teaching personnel, and allother employees of the community college district;

 

(xii) Establish criteria for appointments to fill vacancies inthe board not inconsistent with the provisions of this act and provide for theremoval of a board member for cause or change of residence;

 

(xiii) Call special meetings at the discretion of the boardpresident or a majority of the board without the necessity of publication offormal notice;

 

(xiv) Contribute to the financial support of the commission infunding or in-kind services as determined through consultation between thecommunity college boards and the commission;

 

(xv) Employ, at its own discretion, an assistant to thetreasurer of the community college district board, who shall be subject to thesame bonding and fiduciary regulations as are imposed upon the treasurer andwho may be empowered to satisfy debts of the district as they become due andowing;

 

(xvi) Confer degrees and certificates and grant diplomas as areusual for community colleges and authorized under its accreditation by theregional accrediting agency.

 

(b) In addition to the levy imposed under W.S. 21-18-304(a)(vii)and any levy imposed under W.S. 21-18-311(f), the community college districtboard may approve up to one (1) additional mill levy on the assessed value ofthe district for a period not to exceed two (2) years for the regular supportand operation of the college. A determination by the board shall be made at aregular or special meeting following a public hearing announced by the board.Notice of intent to levy all or a portion of the additional one (1) mill shallbe published in a newspaper of general circulation within the district at leastthirty (30) days before the hearing date. Upon approval, the board shall reportthe additional levy to the board of county commissioners of each county withinthe district in the same manner the necessary levy under W.S. 21-18-304(a)(vii)is reported. Any tax imposed under this subsection may be renewed by the boardfor additional two (2) year periods subject to public hearing requirementsspecified under this section and shall be levied, collected and distributedseparate from the tax imposed under W.S. 21-18-304(a)(vii) and any additionallevy imposed under W.S. 21-18-311(f). Revenues collected under this subsectionshall not be restricted by the commission in any manner but shall be identifiedin the biennial funding report of the college under W.S. 21-18-205(b).

 

21-18-304. District board generally; duties.

 

(a) The community college district board shall:

 

(i) Prescribe and enforce rules and regulations for its owngovernment and for government of the community college under its jurisdiction. Rules and regulations shall not be inconsistent with the rules and regulationsof the community college commission;

 

(ii) Prescribe requirements for graduation;

 

(iii) Report annually the revenues and expenses of the communitycollege district in accordance with the rules and regulations of the communitycollege commission;

 

(iv) Submit such reports as the community college commission mayrequire under W.S. 21-18-202;

 

(v) Require the treasurer and the assistant treasurer of thedistrict board to give such bond in such penalty and with such sureties as theboard shall direct and approve, conditioned upon the faithful application ofall money and property which may come into their hands by virtue of their office. Each bond shall not exceed one and one-half (1 1/2) times the amount of allcollege monies handled by the treasurer or assistant treasurer in any one (1)year. Bonds, after being approved by the board, shall be filed with the board,and no disbursements shall be made until the bonds are approved and filed. Incase of breach of conditions of bonds, suit shall be brought thereon by theboard for the benefit of the district;

 

(vi) Appoint a chief administrative officer of the communitycollege who shall be given such official title as the board may determine;

 

(vii) At the first meeting of each fiscal year or at anyappropriate time, make an estimate of the amount of funds required to be raisedthrough a tax levy upon the property lying within the district for communitycollege purposes, and present to the board of county commissioners of eachcounty included within the district, a certified estimate of the tax requiredto raise the appropriate amount. The tax in any one (1) year shall not exceedfour (4) mills on the assessed value of the district, excluding any taxapproved by the board and imposed under W.S. 21-18-303(b) and any tax approvedby the district electors and imposed under W.S. 21-18-311(f). The tax shall belevied and collected in the same manner as other county taxes and whencollected, the county treasurer shall forward the tax revenue to the treasurerof the community college district board;

 

(viii) Control and disburse, or cause to be disbursed, all moniesreceived from any source to maintain the community college;

 

(ix) Keep a record of all the official acts performed by theboard and keep a record of all warrants issued against the monies belonging tothe community college district. Payments of money shall be made upon warrant drawnagainst funds belonging to the community college district and the warrants sodrawn must specify upon their face the purposes for which funds are called forby warrants. The board shall provide, at the expense of the district, a seal,upon which shall be engraved the words, ".... Community College District,State of Wyoming", the blank space to contain the legal name of thecollege district. The seal shall be kept in the possession of the secretary,shall be affixed to all communications or notices required by law to be sent orpublished by the board and to all warrants drawn upon the district;

 

(x) Conduct elections held by the community college districtfor election of board members, the issuance of bonds, the questions of milllevies and annexations and any other community college election appropriatelywithin the jurisdiction of the district board, all in accordance with theelection procedures set forth in this act;

 

(xi) Develop and maintain a comprehensive plan of districtbuildings addressing district long-term building needs, clearly distinguishingthose building needs associated with education space needs attached to thestatewide college system strategic plan developed by the community collegecommission under W.S. 21-18-202(a)(v) from other district needs which may beincluded within the district's long-term plan. Building plans and capitalconstruction requests shall be submitted to the commission in a form and formatspecified by commission rule and regulation. In addition, the board shallprovide planning, design and other information required by the department ofadministration and information under W.S. 21-18-225(g) and shall cooperate withthe department and the commission as necessary to undertake any buildingconstruction project receiving state funds and addressing needs prioritized bythe commission in accordance with W.S. 21-18-225.

 

21-18-305. Budget.

 

Thechief administrative officer shall annually cause to be submitted a budget forthe approval of the community college district board.

 

21-18-306. Bonds of officers and employees.

 

Thecommunity college district may require each officer and employee whose duty itis to handle funds or property of the district to be bonded under a suitablebond indemnifying the district against loss. The board shall determine theamount and the type of the bond.

 

21-18-307. Admission of state high school graduates withoutexamination.

 

Aperson who graduates from a high school in this state shall be admitted to acommunity college of this state without further qualifying examination.

 

21-18-308. Number of board members; election; subdistricts;apportionment.

 

 

(a) Each community college district board shall consist ofseven (7) members to be elected as provided by law.

 

(b) The community college district board may by resolutionpartition the community college district into election subdistricts to providefor representation on the district board in accordance with population. Wherepopulation figures permit, monetary evaluation and geographic factors may beconsidered in determining subdistricts.

 

(c) The community college district board shall by resolutiondesignate the number of members of the district board which shall be electedfrom each election subdistrict if any, in accordance with the population of thecommunity college district and the respective election subdistricts.

 

21-18-309. First regular election of board; fiscal year.

 

Thefirst regular election of a community college board following creation of acommunity college district shall not be held until the May election dateauthorized under W.S. 22-21-103 of the first fiscal year in which a specialmill tax is levied and assessed against the taxable property of the districtfor the uses and purposes of the district. The fiscal year of each communitycollege district shall begin on July 1 of each year and shall end on June 30 ofthe following year.

 

21-18-310. Annexation of additional counties into district; annexationelection.

 

(a) Established community college districts may be enlarged byannexing additional counties as provided in this section. A county may beannexed under this section to an existing community college district with whichit is contiguous or any other community college district approved by the communitycollege commission.

 

(b) Upon receipt of a petition signed by at least ten percent(10%) of the qualified electors residing within the county sought to be annexedrequesting that the county be annexed to the community college district or uponreceipt of a resolution calling for annexation by the board of countycommissioners of the county sought to be annexed, the community collegedistrict board shall within ten (10) days following receipt, approve or denythe petition or resolution. If approved, the district board shall request anelection to be held in the county seeking annexation in accordance with thedates and procedures provided by W.S. 22-21-103 through 22-21-110. The numberof electors required for a petition shall be determined by the number of votescast at the last general election.

 

(c) The community college district board shall pay all costsincident to the election.

 

(d) The ballot in an election for annexation of any county toan existing community college district shall state the question insubstantially the following form:

 

(i) "Shall .... County, Wyoming be annexed to theestablished .... Community College District, giving .... Community CollegeDistrict the authority to levy a tax not to exceed four (4) mills on theassessed value of the county and in addition, to impose a levy of .... mills(not to exceed five (5) mills) on the assessed value of the county aspreviously approved by the district electors and imposed under W.S.21-18-311(f), all revenues of which shall be used for the operation andmaintenance of the Community College located at ...., Wyoming?"

 

Annexation and mill levy--------------------------- YES 

 

Annexation and mill levy---------------------------- NO 

 

(e) Only qualified voters residing within the county to beannexed shall be allowed to vote in the election.

 

(f) If the annexation is approved by the voters of the countyto be annexed:

 

(i) The county clerk shall immediately notify the countycommissioners and the county commissioners shall levy the special mill tax inthe manner provided by law;

 

(ii) The community college district board shall immediately andby resolution partition the enlarged district into election subdistricts toprovide for board representation based upon population and shall designate thenumber of board members to be elected from each subdistrict in accordance withthe population of the enlarged district and the respective electionsubdistricts. In accordance with W.S. 21-18-308(a), the board of the enlargeddistrict shall be comprised of not more than seven (7) members;

 

(iii) An election of members of the board of trustees of theenlarged community college district shall be held as determined by the board ofcounty commissioners, on a date which is not less than sixty (60) daysfollowing the date annexation is approved based upon the apportionment by theboard under paragraph (f)(ii) of this section. Nominations to the board of theenlarged district shall be submitted in substantially the same manner asprescribed under W.S. 21-18-312(j) for initial community college districtboards and the election shall be otherwise conducted as provided by law. Termsof office of board members filled prior to the date annexation is approvedshall expire at 12:00 noon on the first day immediately following the electionof board members of the enlarged district. Initial terms of trustees to beelected to the enlarged community college district board shall begin on thefirst day immediately following the election and shall be for not less than two(2) or not less than four (4) years as determined by the board as necessary tocoincide with the terms of office prescribed under W.S. 22-22-102. Not morethan four (4) initial members shall be elected for terms of not less than four(4) years and the board shall designate and report to the appropriate

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