State buildings-construction.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0103

ENROLLED ACT NO. 43, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to
administration of government; providing for the rehabilitation and restoration of the capitol building
and the
remodel
ing
and
construction of
other

state properties
;
codifying and continuing a task force;
specifying
process and
duties relating to
specified
capital construction projects;
providing for reports; transferring unexpended appropriations
and making other appropriations
;

providing for interfund borrowing and repayment of borrowed funds;
amending
, conforming
or repealing
related provision
s
;

authorizing positions;
and providing for an effective date.

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

Section 1.

W.S.
9
‑
5
‑
110
through
9
‑
5
‑
11
3
are
created to read:

9
‑
5
‑
110.

State capitol building re
habilitation and
restoration
project; definitions
.

(
a
)

As used in
W.S. 9
‑
5
‑
109 through 9
‑
5
‑
11
3
:

(i)

"
Advisory task force
"
means the
joint legislative and executive
advisory
task force on capitol building rehabilitation and restoration created by W.S. 9
‑
5
‑
109(k);

(ii)

"
Department
"
means the department of administration and information;

(i
i
i)

"
Oversight group
"
means the oversight group created by W.S. 9
‑
5
‑
11
1
;

(i
v
)

"
Project
"
means the
state capitol building and Herschler state office rehabilitation
, restoration
and
renovation
project described in
W.S. 9
‑
5
‑
112
, including all components of the project.

9
‑
5
‑
11
1
.

S
tate capitol building re
habilitation
and restoration
project
oversight group
; creation; duties.

(a)

There is created a
state capitol building
rehabilitation
and restoration oversight group comprised of:

(i)

The governor;

(ii)

The president of the senate and majority and minority floor leaders of the senate;

(iii)

The speaker of the house of representatives and majority and minority floor leaders of the house;

(iv)

A member of the senate selected by the president of the senate and a member of the house selected by the
speaker of the house
not later than March 31
, 2014 and by March 31
of each odd numbered year
thereafter
.

(b)

A quorum of the oversight group shall consist of the governor and a majority of the legislative members of the oversight group.

Except for approvals under W.S. 9
‑
5
‑
112(e) and (f), a
ctions of the
oversight
group may be taken by
vote of
a majority of the legislative members in attendance or by their proxy vote and the governor.

(c)

The oversight group shall have the powers and duties
as provided by law
.

(d)

Staff and support for the
oversight group
shall be provided by the
legislative service office. The
construction management program of the department
shall assist the staffing of the oversight group as directed by the governor
.

(e
)

The oversight group shall continue in existence until December 31, 201
9
.

9
‑
5
‑
11
2
.

Capitol building rehabilitation and restoration project; components; oversight.

(a)

T
he department shall
proceed with level III design
and construction for renovation, rehabilitation
, restoration
and addition to
the state capitol building, the Herschler
state office
building and the connection between the two
(2)
buildings in accordance with presentation
s
to the
m
anagement
c
ouncil of the
l
egislature on
November 18, 2013 and
January
9
, 2014
,
and the provisions of
W.S. 9
‑
5
‑
109 through 9
‑
5
‑
113
.
The project shall proceed as a single funded project with the following components:

(i)

Capitol
building
restoration
and
rehabilitation
;

(ii)

Herschler
state office
building renovation,
rehabilitation and
additional construction including a structure connecting the Herschler building and the capitol building and addition to the Herschler building;

(iii)

Temporary space accommodations within the Herschler building and in other state owned buildings
,
or
in other leased buildings
if determined by the governor necessary or advisable for the project
,
for current occupants of the Herschler building and capitol
building;

(iv)

Restoration
, rehabilitation
and renovation of the Herschler building after temporary space accommodations are no longer needed;

(v)

Furniture, fixtures and equipment for
the
project;

(v
i
)

Contingency costs
,
costs
o
f

fees
and other costs
associated with the project.

(b)

The level III design shall
allocate space within the capitol building to
meet
legislative needs
,
needs of the governor's office
and security needs
in
the
capitol building
as determined
by the oversight group and the governor. In determining space allocations under this subsection the oversight group and the governor shall be guided by
level II studies
for the capitol building restoration and rehabilitation
conducted in 2013
.
To the extent t
he oversight
group
and the governor
determine that all such needs cannot be accommodated
within the capitol building, legislative committee rooms and offices for committee chairmen
and associated legislative session staff
may be within the structure connecting the capitol building and Herschler
state office
building.
If the governor and
the
o
versight
group
determine that space will exist in the capitol building in excess of the
needs of the legislature
, the
governor's office
and
capitol building
security needs
, then the department
,
in consultation with the
advisory
task force
,

shall provide one (1) or more design alternatives to the oversight
group
and governor for review
and approval
, allocating available remaining space to the statewide elected officials
with offices within the capitol building as of April 1, 2014.

(c)

The
Herschler state
office building
rehabilitation,
renovation and addition shall be designed to accommodate offices for
elected state officials for which
insufficient space is provided within the capitol building
restoration,
renovation and rehabilitation design.

(d)

The department, in consultation with the
advisory
task force, shall provide alternatives for temporary location of elected officials and legislative functions during project construction. The alternatives shall be submitted to the governor and the oversight group for review
and approval
.

(
e
)

No funds shall be expended for the purposes of construction until final design plans for
the p
roject have been submitted to the advisory task force for review and comment and
to
the governor
and the oversight group
for review and
a majority of the
legislative members of the
oversight group

has recommended approval and the
governor ha
s
approved the plans.

(
f
)

The department may expend funds appropriated by th
e legislature for the project
to implement the design, renovation,
restoration, rehabilitation
, construction and other
project components
which have been
included in the final design plans
approved
under subsection (e) of this section
.
Any change order to the approved f
inal design plans in excess of one hundred thousand dollars ($100,000.00)
or in a cumulative amount in excess of
one million dollars (
$
1,000,000.00)
shall require the approval of
a majority of the
legislative members of the oversight group
and the governor
.

9
‑
5
‑
11
3
.

Capitol building rehabilitation and restoration project;
design and construction
execution.

(a)

Notwithstanding W.S. 9
‑
5
‑
101 through 9
‑
5
‑
10
8
, for all components of the project:

(i)

The construction management program within the general services division of the department shall be the primary fiscal and contracting agent;

(ii)

Level III design and construction
shall proceed
under the immediate direction and control of the governor in accordance with the provisions of
W.S. 9
‑
5
‑
110 through 9
‑
5
‑
113
;

(iii)

In addition to those
items
required by
law
to be presented to the
advisory
task force
for advice
, a
s recommended by the oversight group and directed by the governor, the department shall consult with the
advisory
task force on
other
project
items
as the project progresses.

Section
2
.

W.S.
9
‑
1
‑
604,
9
‑
5
‑
101(b),
9
‑
5
‑
109(j)
and by creating new subsections (k) through (
r
)
,
28
‑
8
‑
112

and 41
‑
3
‑
723(a)

are
amended to read:

9
‑
1
‑
604.

Office in state capitol building; private practice prohibited; exception.

The attorney general shall keep an office in the state
capitol building

capital
, shall not open an office elsewhere and shall not engage in any private practice except to consummate business pending at the time of his appointment if not in conflict with the duties of his office.

9
‑
5
‑
101.

State building commission; composition; general powers and duties; conflicts of interest.

(b)

The state building commission shall promulgate rules under which the general services division has charge and control of the capitol building with
respect to its occupancy, repair and maintenance
and shall collect all rents arising from the occupancy of the capitol building. All rents collected under this section shall be paid into the general fund.
Rules with respect to the occupancy of the capitol building shall be subject to and in accordance with W.S. 9
‑
5
‑
112.

9
‑
5
‑
109.

Advisory t
ask force on capitol building rehabilitation and restoration; composition; duties; account created.

(j)

There is created the capitol building rehabilitation and restoration account. Funds in the account shall only be expended upon appropriation by the legislature to implement projects
recommended by the task force an
d
approved by the legislature. Notwithstanding any other provision of law, funds within the account shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e), 9
‑
4
‑
207(a) or any other provision of law, funds within the account shall not lapse or revert until directed by the legislature. Earnings on monies within the account shall be deposited to the account.

(
k
)

There is created the
advisory
task force on capitol building rehabilitation and restoration.

(
m
)

The
advisory
task force shall be comprised of:

(i)

Three (3) members of the senate appointed by the president of the senate, one (1) of whom shall be senate chairman of the select committee on legislative facilities;

(ii)

Three (3) members of the house of representatives appointed by the speaker of the house, one (1) of
whom
shall be the house chairman of the select committee on legislative facilities;

(iii)

Five (5) members, one (1) each appointed by each of the five (5) statewide elected officials;

(iv)

Two (2) members of the public with special expertise in the history of the capitol building, appointed by the chairmen of the select committee on legislative facilities who shall be nonvoting members;

(v)

A staff member from the department of state parks and cultural resources, cultural resources division, appointed by the governor who shall be a nonvoting member; and

(vi)

A staff member from the department of administration and information, construction management program, appointed by the governor who shall be a nonvoting member.

(
n
)

The legislative members of the task force shall appoint co
‑
chairmen to preside over meetings.

(
o
)

The task force shall provide advice
and recommendations
as provided by law to the
capitol building rehabilitation and restoration
oversight
group and the
governor
regarding the final
design and
execution of the
capitol building and
Herschler
state office
building

project
.

(p)

The task force shall provide advice and recommendations to the state building commission regarding a long range vision for future development of a capitol complex master plan.

(
q
)

Staff and support for the
advisory
task force shall be provided by the construction management program
of the department
. Members who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the task force. Other members shall receive mileage and per diem in the same manner and amount as state legislators when performing duties. Mileage and per diem shall be paid by the appointing authority.

(
r
)

The
advisory
task force shall terminate on December 31, 201
9
.

28
‑
8
‑
112.

Space in state capitol building.

Adequate space in the state capitol building shall be provided for the conduct of activities of the
legislature, its committees,
the

legislative service office

and
necessary
legislative
staff
,
and

the management council
and its staff

subject to and in accordance with W.S. 9
‑
5
‑
112
.

41
‑
3
‑
723.

Hearing procedure generally.

(a)

Immediately after the filing of such petition, the court wherein such petition is filed or a judge thereof in vacation, shall by order fix a place and time, not less than sixty (60) days nor more than ninety (90) days after the petition is filed, for hearing thereon and thereupon the clerk of said court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon; the clerk of said court shall also forthwith cause a copy of said notice to be mailed by U.S. registered mail to the board of county commissioners of each of the several counties having territory within the proposed district. At the same time, and in the same manner, the clerk of said court aforesaid shall forward to the state engineer, at his office in
the
capitol building, i
n
Cheyenne, Wyoming

capital
, a copy of the notice of hearing, and a certified copy of such petition.

Section
3
.

C
urrent members of the j
oint legislative and executive task force on capitol building rehabilitation and restoration created by 2013 Wyoming Session Laws, Chapter 73, Section 339 shall continue as members of the
advisory
task force created under
section 2
of this act until replaced by the appointing authority.
Appointments to the advisory task force shall be made by the appointing authority not later than March 31, 2014 and by March 31 in each odd numbered year thereafter.

Section
4
.

(a)

There is appropriated two hundred fifty-nine million dollars ($259,000,000.00)
from the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j) to the department of administration and information for the purpose of this act.

(b)

There is appropriated to the
capitol building rehabilitation and restoration account
thirty-seven million five hundred thousand dollars ($37,500,000.00) from the general fund. The appropriation under this subsection
:

(i)

Shall be reduced dollar for dollar by any appropriation to the capitol building rehabilitation and restoration account provided by 2014 House Bill 1 as enacted into law;

(ii)

I
s effective June 30, 2014.

(c)

The state treasurer and the state auditor may utilize interfund loans from the permanent Wyoming mineral trust fund reserve account
for deposit to the capitol building rehabilitation and restoration account as necessary to meet appropriations from that account and contract obligations of the department of administration and information incurred for purposes of this act.

(d)

The governor shall include an appropriation request in each biennial budget and supplemental budget recommendation in an amount equal to the lesser of thirty-seven million five hundred thousand dollars ($37,500,000.00) or the outstanding loan balance, including interest owed, until all loans from the permanent Wyoming mineral trust fund reserve account to the capitol building
rehabilitation
and restoration account are repaid.
Any interfund loan pursuant to subsection (c) of this section shall be repaid with interest calculated at the rate provided for interfund borrowing under W.S. 21
‑
13
‑
316.

(e)

There is appropriated from the
capitol building rehabilitation and restoration account
t
o the l
egislative service office
ninety
-five

thousand dollars ($
95
,000.00) for
per diem, salary and mileage of legislators serving on the capit
o
l building rehabilitation and restoration oversight group or
advisory
task force
and for mileage and per diem for
advisory
task force members appointed under W.S. 9
‑
5
‑
109(m)(iv)
.

Section
5
.

2013 Wyoming Session Laws, Chapter 73, Section 339 is repealed.

Section
6
.

2012 Wyoming Session Laws, Chapter 26, Section 3, section 006
,

"
A&I State Office Bldg 4,400,000 S0
"
and
footnote 2
is repealed.

Section
7
.

Any unexpended, unobligated funds remaining from the appropriations contained within 2003 Wyoming Session Laws, Chapter 131, Section 332(a)(i) through (iii) and (v) and 2007 Wyoming Session Laws, Chapter 136, Section 3, Section 006
"
A&I – Capitol Bldg. Restoration
"
except for funds approved by the state building commission on November 6, 2013
,
and subsequently expended to continue work specifically related to capitol repair and as described by W.S. 9
‑
5
‑
108
,

which actions are hereby ratified,
shall be transferred to the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j).

Section 8.

The department of administration and information is authorized an additional two (2) time limited, full-time
positions
within the construction management program for the pu
r
poses of this act. Each position shall only be filled if the director
of the department
determines it is necessary for purposes of this act and the
g
overnor approves the action. The department is authorized to expend from the funds appropriated under
Section 4(a) of
this act
four hundred thousand dollars ($400,000.00)
. Funds authorized under t
his section shall be for the
period commencing with the effective date of this act through June 30, 2016. Funding for and the positions
authorized
in this section shall be included in the department's standard budget request for the 2017-2018
biennium
if determined by the director and
the
governor to be necessary for purposes of this act.

The positions authorized under this section shall terminate not later than June 30, 2018.

Section
9
.

Except as provided in Section 8
of this act
, a
ppropriations within this
act
remain in effect until the project
as defined in W.S. 9
‑
5
‑
112
is
completed. Appropriated funds under this
act
shall be expended only
for the purposes
specified, and any unused funds remaining at project completion shall revert to the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j). The amounts appropriated in this
act
are intended to provide a maximum amount for
the

entire
project
as defined in W.S. 9
‑
5
‑
112
and shall not be construed to be an entitlement or guaranteed amount.

Section
10
.

T
his act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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