Works of art in public buildings.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0130

SENATE FILE

NO.
SF0020

Works of art in public buildings.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to
art in public buildings; providing for placement of art in renovations of public buildings; providing for placement of art in school buildings;
exempting the
U
niversity of Wyoming from requirements for placement of art in public buildings;
removing
limitation
on
expenditures
for art in public buildings; providing for maintenance of all art in public buildings;
requiring
school facilities commission
and community colleges using state funding to
incorporate works of art for public display in capital
construction
projects;
providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 16
‑
6
‑
801(a)(i),
(iv)
, (v)
and by creating a new paragraph (ix), 16
‑
6
‑
802,
16
‑
6
‑
803(b) and by creating a new subsection (g),
21
‑
15
‑
119(a) by creating a new paragraph (iv) and 21
‑
18
‑
205(g)
are amended to read:

16
‑
6
‑
801.

Definitions.

(a)

As used in this article:

(i)

"Agency" means any state office, department, board, commission
, school district
or institution and any community college district to which funds have been appropriated, bonded or otherwise provided by the state for the design and original construction
or major renovation
of any
new
building;

(iv)

"Building" means any permanent structure and any appurtenant structure intended to function as an office, courtroom, hearing or meeting room or other space for carrying on the operation of any agency and any auditorium, meeting room, classroom or other educational facility, library or museum space, or information center for use by the public, excluding utility lines, water projects, fish ponds,
school

U
niversity of Wyoming
buildings,
city buildings, county buildings, public restrooms at state parks, separate structures which are not part of a larger construction project intended solely as storage, warehouse or maintenance and repair facilities;

(v)

"Construction cost" means the cost for the actual design and original construction of any new building

or major renovation of any existing building
which is funded in total or in part by appropriated state funds, excluding land acquisition.

The phrase does not include the cost for any building funded in part by city or county funds;

(ix)

"Major renovation" means the renovation of any building

for which the total
construction
cost is
five
hundred thousand dollars ($
5
00,000.00)
or more
.

16
‑
6
‑
802.

Construction of new public buildings
and major renovations
; state funds.

(a)

The original construction
or major renovation
of any
new
building shall include works of art for public display, which shall be included by the agency in determining total construction costs of the building at an amount equal to one percent (1%) of total costs
but not to exceed one hundred thousand dollars ($100,000.00)
on any one (1) project
, or in the case of school district or community college buildings, an amount equal to one percent (1%) of the total state funded portion of the costs on any one (1) project
. Any new construction project for which the total cost is less than one hundred thousand dollars ($100,000.00) is exempt from this subsection.

(b)

Except as provided in subsection (c) of this section, p
rior to transferring or authorizing the expenditure of any state funds for the original construction
or major renovation
of any
new
building, the state auditor shall transfer to the state treasurer an amount equal to the amount specified under subsection (a) of this section for works of art. Upon receipt, the state treasurer shall deposit the amount transferred into a separate account, together with any grants, gifts or other funds received or appropriated by the state for the sole purpose of acquiring works of art for placement in buildings. Amounts deposited within the separate account shall be expended by the department for the acquisition of works of art by purchase, lease, commission or otherwise, the maintenance of
any
works of art placed in
public
buildings
pursuant to this article
and for the administration of this article.

(c)

P
rior to transferring or authorizing the expenditure of any state funds for the original construction or major renovation of any
school district or community college district
building, the state auditor shall transfer to the state treasurer an amount equal to the amount specified under subsection (a) of this section for works of art. Upon receipt, the state treasurer shall deposit the amount transferred into a separate account, together with any grants, gifts or other funds received or appropriated by the state for the sole purpose of acquiring works of art for placement in
school district or community college district
buildings. Amounts deposited within the separate account
under this subsection
shall be expended by the department for the acquisition of works of art by purchase, lease, commission or otherwise, the maintenance of any works of art placed in
school district or community college district
buildings and for the administration of this article.

16
‑
6
‑
803.

Department of
state parks and cultural resources
to acquire works of art; advisory panel to consult in acquisition; procedure; public education programs
; approval by local school district or community college district board
.

(b)

The acquisition of works of art from funds within the separate
account

accounts
established under W.S. 16
‑
6
‑
802(b)

and
(c)
shall not require advertisement for bids.

(g)

Notwithstanding any other provision of this article, works of art selected
pursuant to this section
for placement in school district or community college district buildings shall not be placed until the works of art are approved by the local school district board or the community college district board in which the building is located.

21
‑
15
‑
119.

Commission budget and funding recommendations.

(a)

Notwithstanding W.S. 9
‑
2
‑
1012, the commission shall annually, not later than November 1, and after review by and in conjunction with the select committee on school facilities, prepare and submit a recommended budget for projects and school capital construction financing to the governor, through the budget division of the department of administration and information. The recommended budget submitted by the commission shall include:

(iv)

An amount for purchase of works of art for public display as required under W.S. 16
‑
6
‑
801 through 16
‑
6
‑
805, which amount
is in addition to and not part of any facility remedy as defined under W.S. 21
‑
15
‑
111(a)(v) or any major building
and
facility repair and replacement project defined under W.S. 21
‑
15
‑
109(a)(iii),

and which amount
shall
not
be funded
from the
capital construction
account
.

21
‑
18
‑
205.

Appropriation and distribution of state funds; restrictions; budget authority.

(g)

No state funds shall be used for the maintaining, operating or equipping of any capital construction project in excess of one million dollars ($1,000,000.00) which was not approved by the commission and authorized by the legislature.

All state funds authorized for capital construction projects shall be subject to the provisions of W.S. 16
‑
6
‑
801 through 16
‑
6
‑
805.

Section 2.

There is appropriated
one hundred thousand
dollars (
$100
,000.00) from the general fund to the se
p
arate account created pursuant to W.S. 16
‑
6
‑
802(b).
This appropriation shall only be expended for the purposes described in W.S. 16
‑
6
‑
802(b). Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207, these funds which are unexpended, unobligated or unencumbered as of June 30, 2010 shall not revert to the general fund but shall be retained by the department for the purposes specified in this section. This appropriation shall not be included in the department of state parks and cultural resources' 2011-2012 standard biennial budget request
.

Section
3
.
This act is effective July 1, 2009.

(END)

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SF0020