Community college construction.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0077

ENROLLED ACT NO. 70, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to construction
of community college facilities
; transferring
payment authority for construction of
and major maintenance for
community college facilities
to the
construction management
division of the
department of administration and information;

specifying required reporting; transferring position
s
and support funding as specified;

and providing for an effective date.

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

Section 1
.

W.S. 21
‑
18
‑
225
(a),
(
f
),
(g), (j) and (k)
is amended to read:

21
‑
18
‑
225.

College maintenance and capital construction funding.

(a)

As part of its administrative functions, the community college commission shall identify community college building needs
,

and
develop a prioritized list of community college capital construction projects
.

and
The prioritized community college capital construction projects shall be reported by the commission to the
construction management
division of the department of administration and information in accordance with subsection (g) of this section.
Following review, analysis and study, the
construction management
division shall
forward recommendations for community college capital construction projects to
the state building commission
. The
community college commission

construction management
division
shall also submit major maintenance budget requests for college buildings to the legislature in accordance with this section. Major maintenance budget requests shall be based upon
the square footage submitted by the commission under subsection (f) of this section and
upon

a formula, forms
,
and a format specified by the budget division of the
department of administration and information. College building maintenance budget requests
submitted by the

community college commission

construction management
division
to the legislature
and capital construction budget requests forwarded by the
state building commission
to the legislature shall include only necessary building square footage required for provision of those education programs comprising the statewide college system strategic plan developed and maintained under W.S. 21
‑
18
‑
202(a)(v).

(f)

In addition to subsection (d) of this section and on or before
November
August

1
of each

odd-numbered
year, the commission shall report college building square footage to the
general services
construction management

division of the department of administration and information as necessary for computation of major maintenance funds for community college buildings. The reported square footage shall be restricted to that square footage necessary for the delivery of education programs comprising the statewide college system strategic plan.

(g)

Upon prioritizing community college construction needs under subsection (d) of this section, the commission shall not later than
November 15

August 1
of each year, report the prioritized list
to
the
general services

construction management
division of the department of administration and information.
In accordance with W.S. 9
‑
5
‑
108(a)(ii),
t
he

general services

construction management
division shall review, analyze and study construction needs prioritized under subsection (d) of this section and conduct necessary value engineering analysis, schematic design review, safety and security assessments and other analysis and review

prior to submission of recommendations to the state building commission.
T
he
state building commission
shall
consider and i
ncorporate prioritized construction needs
r
ecommendations
into
legislation requesting necessary funding, developed under 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 appropriation for contingency costs associated with recommended construction projects and a separate appropriation for administrative costs of the
general services

construction management
division for management of the recommended construction projects as required by subsection (j) of this section. The
community college commission

construction management
division
shall submit a separate budget request for project design and planning funds to be available to assist community colleges with costs incurred in developing and providing necessary plans, designs and other information to the general services division for purposes of this subsection.
This
request shall
also
include funds for major maintenance for the square footage reported by the commission under subsection (f) of this section.

The
general services

construction management
division shall consult with the community college commission in developing recommendations under this subsection.

(j)

Subject to amounts made available by legislative appropriation and to any conditions which may be attached to appropriation expenditures, the
commission

construction management
division
of the department of administration and information

shall distribute state funds for building construction approved and authorized by the legislature. Distributions of state funds for any approved and authorized construction project shall be in accordance with payment schedules established by rule and regulation of the
commission

division
. Payments by the
commission

division
shall be contingent upon the receipt of any local district funding

as may be required by legislative authorization,
or

commission

approved

upon receipt of other

documentation
which may be required by the division

certifying the timely
receipt of
such

required local district
funds for the capital construction project
.

as may be required by legislative authorization, and

Payments to districts

shall also
include the written approval of the general services division, department of administration and information, of

be attached to

prescribed phases of the construction project and the completion of certain project phases
.

Construction phases for which approval of the

division is required

shall be
specified by
commission

d
i
vision
rule and regulation
,
clearly prescribing a process for
division
review and approval of project plans and specifications, project development and project changes and change orders.
In carrying out duties under this subsection, the division may execute powers prescribed under W.S. 9
‑
5
‑
108(a)(iii) in coordination with the
state building

commission and the appropriate community college district.
No scheduled payment shall be made by the
commission

construction management
division
without
the approval of the division as required by

compliance with
the prescribed process.

(k)

Appropriations for major maintenance shall be distributed by the
commission
construction management
division
of the department of administration and information
to community colleges in amounts determined by the funding formula developed by the general services division
,

of the department of administration and information,
subject to restrictions imposed on qualifying square footage pursuant to this section.

Section 2.

(a)

For purposes
of carrying out
this act
:

(i)

For the period commencing July 1, 2013, and ending June 30, 2014, o
ne (1) full-time position is transferred from the
Wyoming community college commission
to the construction management
division of the
department of administration and information
.
I
n addition, the construction management
division is authorized one (1) additional full-time position.
Th
ese
position
s
shall be included in the division's standard budget;

(ii)

Effective for the period commencing

July 1, 2013,
and ending June 30, 2014,
thirty-six thousand twenty-three dollars ($36,023.00)
shall be transferred
from the Wyoming community college commission
to the
construction management
division of the department of administration and information to partially fund and support th
e
position
transferred under paragraph (i) of this
sub
section
. This
position transfer and the associated funding amount
shall be included in
both the commission's and
the division's standard budget;

(iii)

In addition to paragraph (ii) of this subsection and for the period commencing July 1, 2013, and ending June 30, 2014, one hundred eight thousand dollars ($108,000.00) from the community college construction management
appropriation
within the department of administration and information's 201
3
-
201
4
biennial budget shall be available to the
construction management
division for
salary and benefits
of the position
s
authorized under this section. This funding amount shall be included in the division's standard budget.

(b
)

Nothing in this section shall be construed to limit the authority of the governor to effect voluntary transfers of positions between agencies as otherwise authorized by law.

Section 3.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1