State lands-management.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0208

SENATE FILE
NO.
SF0102

State lands-management.

Sponsored by:

Senator(s) Bebout

A BILL

for

AN ACT relating to
state lands; providing for
the
selection
for purchase or lease
and
the
disposal of state lands held by state agencies through the board of land commissioners;

giving director of office of state lands and investments authority to make recommendations regarding purchase, lease or disposal of lands;
and providing for an effective date.

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

Section 1.
W.S. 9
‑
5
‑
102 by creating a new subsection (c), 9
‑
5
‑
105(b), 9
‑
5
‑
106(c),
11
‑
10
‑
107, 19
‑
7
‑
103(b)
(x), (xi), (xii) and (xvi)
,

36
‑
3
‑
102 by creating a new subsection (d) and
36
‑
4
‑
104(a)(i) and (iii) are amended to read:

9
‑
5
‑
102.

State building commission; authority to buy and lease property; acceptance of donations, grants and devises.

(c)

The selection for purchase or lease and the disposal of all state lands, whether held in the name of the state or in the name of a state agency
other than the department of transportation or the game and fish commission
, shall be vested in the state board of land commissioners.
Any amount received from the sale of any state lands shall be credited to the general fund unless otherwise directed by
state or federal
law.

9
‑
5
‑
105.

Purchase or lease of state lands and buildings; state building commission authority.

(b)

Any state agency, assigned the operation, management or use of a state leased or owned building by statute shall follow rules of the state building commission regarding
to
the operation, management and use of the building unless the agency adopts rules different than those of the commission in accordance with the provisions of W.S. 9
‑
5
‑
106.
However, the selection for purchase or lease or the disposal of state lands, where a state agency
other than the department of transportation or the game and fish commission
is assigned by statute the authority to hold such lands, shall be vested in the board of land commissioners as provided in W.S. 9
‑
5
‑
102(c).

9
‑
5
‑
106.

State building commission; powers relative to use of state buildings; rules authorized; exceptions.

(c)

Any state agency, board or commission having authority for the supervision, control or management of state leased or owned buildings located anywhere in the state of Wyoming is authorized to adopt rules and regulations for the operation, management and use of state leased or owned buildings to the same extent as provided by subsections (a) and (b) of this section.
However, the selection for purchase or lease or the disposal of state lands, where a state agency
other than the department of transportation or the game and fish commission
is assigned by statute the authority to hold such lands, shall be vested in the board of land commissioners as provided in W.S. 9
‑
5
‑
102(c).

11
‑
10
‑
107.

Power of board to acquire land; authority to make rules and regulations; renting and use of fairgrounds; gambling and liquor prohibited.

In accordance with W.S. 9
‑
5
‑
102(c), t
he board may acquire by donation or lease in the name of the state any lands necessary for conducting the state fair, and may make all rules and regulations necessary for the conduct and government of the exhibitions, the sale of privileges, and the proper control, operation and conduct of the state fair not inconsistent with the constitution and laws of this state.

The board may rent out or donate the use of the state fairgrounds for stabling and training stock and holding stock sales.

The grounds may be used free of charge for encampment grounds for the state militia under the direction of the adjutant general of the state.

The board may permit the grounds and facilities to be used for other purposes and may charge fees as it deems necessary to pay the expenses of maintaining the grounds and facilities. The board shall not permit any gambling device of any nature to be operated on the grounds, or permit any unlawful betting, or permit any intoxicating liquors to be sold thereon except as provided by W.S. 12
‑
4
‑
505.

19
‑
7
‑
103.

Adjutant general; appointment; rank; removal; duties and qualifications.

(b)

The adjutant general of Wyoming shall have powers and duties and be paid a salary as follows:

(x)

In accordance with W.S. 9
‑
5
‑
102(c), h
e may purchase for cash or upon contract or otherwise acquire lands within Wyoming for use by the national guard or for the use of other elements of the armed forces as an artillery and target range and training and maneuvering area.

He may acquire lands for such purposes by eminent domain when the state board of land commissioners gives its written approval or consent;

(xi)

In accordance with W.S. 9
‑
5
‑
102(c), h
e may accept gifts of land for the purposes provided by paragraph (x) of this subsection and may lease, or accept payment in kind as consideration for any lease, any of the acquired parcels of land or buildings during periods when the lands are not in use for military purposes. He may acquire and install on the land such permanent improvements, including fences, as may be necessary for the full utilization of the land for the military purposes herein declared;

(xii)

In accordance with W.S. 9
‑
5
‑
102(c), h
e may dispose of lands, buildings or fixtures under the control of the department by sale, exchange or other transfer. He may execute deeds for such transfers in the name of the state. Money from such sale, exchange or transfer may be utilized for the acquisition of additional lands, buildings or fixtures within the same budget biennium.

Any such sale, exchange or other transfer shall be conducted in accordance with the provisions of W.S. 36
‑
9
‑
101, 36
‑
9
‑
102 and 36
‑
9
‑
104 through 36
‑
9
‑
120, except these provisions of W.S. title 36, chapter 9 shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department and the provisions of W.S. 9
‑
2
‑
1016(b)(viii) also shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department. The sections of title 36 identified in this paragraph and W.S. 9
‑
2
‑
1016(b)(viii) also shall not apply when any such sale, exchange or other transfer is to another governmental entity, state agency or local government, as defined in W.S. 1
‑
39
‑
103, even if the title to the land and to all
buildings thereon are not solely in the name of the department or a division thereof;

(xvi)

He shall control all armories that are owned, erected, purchased, leased or provided by the state.
In accordance with W.S. 9
‑
5
‑
102(c), h
e may acquire, in the name of the state of Wyoming, by purchase, donation or dedication any property which may be used for military purposes. For the control and management of armories described in this paragraph, he may establish armory boards whose personnel shall serve without pay. Subject to his direction, armory boards shall control, manage and supervise all activities in armories and may rent armories to persons or organizations not connected with the organized militia;

36
‑
3
‑
102.

Duties generally.

(d)

The director may make independent recommendations to the board of land commissioners for the purchase, lease or disposal of any land held or to be held in the name of the state or any state agency other than the department of transportation or the game and fish commission.

36
‑
4
‑
104.

Powers; interpretive service agreements.

(a)

The department of state parks and cultural resources, in consultation with the commission, may, subject to the provisions of this act:

(i)

In accordance with W.S. 9
‑
5
‑
102(c), a
cquire and accept title in the name of the state of Wyoming, by grant, dedication, gift, devise, donation, or demise, to any lands suitable as an outdoor recreation area or facility;

(iii)

In accordance with W.S. 9
‑
5
‑
102(c), t
ake options to purchase lands subject to the approval and appropriation therefor of the next succeeding legislature;

Section 2.
This act is effective July 1, 2012.

(END)

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SF0102