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21LSO-0687
2021
STATE OF WYOMING
21LSO-0687
Numbered
2.0
HOUSE BILL NO. HB0255
Capitol square preservation council.
Sponsored by: Representative(s) Nicholas and Harshman
A BILL
for
AN ACT relating to state property and buildings; specifying boundaries of the state capitol square; providing for management and operation of state property and facilities within the state capitol square and state capitol complex; creating a Wyoming capitol square preservation council; specifying membership of the council; providing duties and powers; transferring duties and powers of the state building commission to the capitol square preservation council; amending contract provisions for the capitol oversight project; reallocating funding; providing for an appropriation; reducing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 9
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5
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114 and 9
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5
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115 are created to read:
9
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5
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114.
Wyoming capitol square preservation council; creation; authority; rules; staffing.
(a)
There is created a Wyoming capitol square preservation council comprised of:
(i)
The five (5) state elected officials;
(ii)
The president of the senate and a member of the senate selected by the president;
(iii)
The speaker of the house of representatives and a member of the house selected by the speaker;
(iv)
A member of the legislature selected jointly by the senate president and speaker of the house.
At least one (1) legislative member of the council shall be a member of a minority party.
(b)
The presiding officer of the house opposite of the legislative member selected pursuant to paragraph (a)(iv) of this section and the governor shall serve as cochairmen.
A quorum of the council shall consist of a majority of the members of the council.
The council shall meet at the call of both cochairmen or by a call of a majority of the members of the council. Actions of the council shall be taken by a majority vote of the quorum in attendance. No member shall authorize a designee to act as their personal representative to the council.
(c)
The council may adopt rules and regulations to implement the functions assigned to the council. Any rule adopted by the council shall be submitted to the management council of the legislature in accordance with W.S. 28
‑
9
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101 through 28
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9
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108, approved by the governor as provided in W.S. 16
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3
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103(d) and filed with the secretary of state, but is not otherwise subject to the Wyoming Administrative Procedure Act.
The council shall promulgate rules specifying procedures under which public comment may be received regarding any actions of the council.
The council shall be an agency for purposes of the provisions of W.S. 9
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5
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107(e) and 16
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4
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401 through 16
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4
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408 when at a meeting
called to execute a power or duty of the council under this section.
(d)
Staff and support for the council shall be provided by the legislative service office.
9
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5
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115.
Wyoming capitol square preservation council duties; staffing; jurisdiction limited.
(a)
The Wyoming capitol square preservation council shall:
(i)
Develop plans and recommendations for the maintenance, preservation, restoration, rehabilitation, construction and enhancement of the capitol square;
(ii)
Review and approve or disapprove requests to architecturally or structurally alter buildings and grounds within the capitol square;
(iii)
Manage common spaces and oversee visitor services within the capitol square;
(iv)
Oversee the development of and updates to a master plan for maintenance preservation, restoration, rehabilitation construction and enhancement within the capitol complex. The council shall review all proposals to remodel or construct a building, monument or other improvement within the capitol complex for conformance with the master plan. The council's review of proposals shall be conducted in coordination with level 1 reconnaissance and level 2 feasibility studies for development of building projects under W.S. 9
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5
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108.
(b)
Within the capitol square, the council shall be responsible for:
(i)
Meeting room management. Legislative use shall be provided as a first priority in the scheduling and management of meeting rooms and areas which are also available to the executive department and to the public. Subject to legislative prioritization, these spaces shall be managed with the goal of maximizing compatible uses by all authorized users;
(ii)
Development and management of visitor services and exhibit programs;
(iii)
Management of a student civic and education center, visitor's center and media center;
(iv)
Oversight of installation of temporary and permanent exhibits, artwork, statuary and furniture that have been approved by the council;
(v)
Development and implementation of an art collections policy and an art program designed to purchase or accept by donation or permanent loan artwork for display within the capitol square;
(vi)
Oversight of maintenance.
Building and grounds maintenance and cleaning shall be provided by the general service division of the department of administration and information pursuant to a memorandum of understanding between the legislative service office and the department of administration and information.
(c)
The council shall not have jurisdiction over day
‑
to
‑
day management:
(i)
Of areas occupied solely by either the legislative department or executive official or executive department within the capitol square;
(ii)
Other buildings in the capitol complex outside of the capitol square, other than master planning responsibilities specified in this section.
(d)
The council shall not modify space allocations within the capitol square but may recommend that the legislative management council develop legislation to effectuate space allocation amendments.
Section 2.
W.S. 9
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1
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103, 9
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5
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101(b), (e) and by creating new paragraphs (iii) and (iv), 9
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5
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102(a), 9
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5
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104(a) and (b)(intro), 9
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5
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105(b) and by creating a new subsection (c), 9
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5
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106(d) and by creating a new subsection (h), 9
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5
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107(a) through (c) and (e), 9
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5
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112(f) and 9
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5
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113 by creating a new subsection (b) are amended to read:
9
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1
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103.
State elected officials representation on boards and commissions; designees; limitations.
A state elected official may authorize a designee to act as the official's personal representative to any board or commission of which the official is a member.
The designee shall have the right to speak on behalf of the official and to vote and take other lawful action on behalf of the official as a member of the board or commission.
The provisions of this section shall not apply to
the Wyoming capitol square preservation council, nor to
any board or commission to which the state elected official is appointed by the Wyoming constitution or which is comprised solely of state elected officials.
9
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5
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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
square
with respect to its
repair and maintenance and shall collect all rents arising from the occupancy of the capitol building. The
state building commission may also promulgate rules governing occupancy of the capitol building for executive department officials
day to day management within areas occupied solely by an executive official or department. Rules of the commission affecting the capitol square shall apply to the extent the Wyoming capitol square preservation council has not adopted a rule in conflict with the commission rule
.
(e)
As used in this article:
(iii)
"Capitol square" means the state capitol building, the extension to the state capitol building extending underground to the Herschler building, those areas of shared use by the legislative department and executive department within the Herschler building, the
Idelman
Mansion, the Kendrick House and all grounds owned by the state of Wyoming within the boundaries south of 26
th
Street, east of Carey Avenue, north of 24
th
Street and west of Central Avenue all within Cheyenne, Wyoming;
(iv)
"Council" means the Wyoming capitol square preservation council.
9
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5
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102.
State building commission; authority to buy and lease property; acceptance of donations, grants and devises.
(a)
In order to obtain building sites for additional office space and state uses and to insure the proper keeping of valuable state records and provide for the expansion of functions of the state, the general services division, with the approval of the state building commission, may buy, take options to buy and lease property to be used for building sites for future state office buildings. The general services division, with the approval of the commission may lease acquired property until it is needed. The general services division, with the approval of the state building commission, in cooperation with the department of workforce services, may acquire lands and buildings in the name of the state of Wyoming by purchase, lease agreement, gift or devise to provide suitable quarters for the administration of the Wyoming Employment Security Law and to develop improvements, maintain and repair the lands and buildings.
The commission shall not approve the exercise of any authority under this section
for any property which is or would be within the boundaries of the capitol complex which is inconsistent with the master plan for the capitol complex
without providing at least sixty (60) days' notice of the proposed action to the management council of the legislature
or rule of the Wyoming capitol square preservation council governing the capitol square without approval of the council
.
9
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5
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104.
State building commission; state office buildings; authority to maintain; rental; use of proceeds.
(a)
The general services division, in accordance with rules of the state building commission, may maintain, operate, lease, manage and equip state office buildings in Wyoming.
The authority of the general services division under this subsection for the capitol square is subject to the provisions of W.S. 9
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5
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114 and 9
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5
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115 and shall be exercised pursuant to a memorandum of understanding in accordance with the provisions of W.S. 9
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5
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115.
(b)
Every department occupying space in a building authorized under subsection (a) of this section, if required to do so by the general services division, in
accordance with rules of the state building commission, shall pay to the general services division an annual rental plus a pro rata share of maintenance, janitorial services, utilities and other overhead costs necessary to maintain the building in as good a condition as reasonable and proper use will permit.
With regard to the capitol square, the provisions of this section shall be implemented pursuant to a memorandum of understanding between the commission and the Wyoming capitol square preservation council.
Payments under this subsection shall be made to the general services division for deposit into a separate account, with receipt and acknowledgement submitted to the state treasurer, to be allocated as follows:
9
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5
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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
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5
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106.
The Wyoming capitol square preservation council may adopt rules of the state building commission in whole or in part for the capitol square or may adopt its own rules governing the operation, management and use of the capitol square.
(c)
For any building or property which is or would be within the boundaries of the capitol complex, the authority under this section shall also be subject to the master plan for the complex.
9
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5
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106.
State building commission; powers relative to use of state buildings; rules authorized; exceptions.
(d)
No rule promulgated under W.S. 9
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5
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101 through 9
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5
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108 shall apply to facilities
:
occupied by:
(i)
Occupied by t
he legislature or the members thereof unless the legislative management council has specifically concurred therein.
For purposes of this paragraph "facilities occupied by the legislature" shall include those rooms and areas specified in W.S.
28
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8
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112(a)(i) through (vi) and other facilities specified by law;
or
(ii)
Occupied by t
he judiciary or the members thereof unless the judicial council has specifically concurred therein
;
.
or
(iii)
Within the capitol square if the Wyoming capitol square preservation council has adopted a rule in conflict with the commission rule.
(h)
For purposes of this section, the Wyoming capitol square preservation council is authorized to adopt rules relative to the operation, management and use of the capitol square as provided by W.S. 9
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5
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114 and 9
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5
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115.
9
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5
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107.
Duties and responsibilities with respect to state buildings; state capital construction needs assessment and priorities.
(a)
The state construction department shall, subject to the direction of the state building commission and with the assistance of other state agencies as necessary,
conduct and maintain a comprehensive needs assessment of existing state buildings and of future space requirements for state agencies.
The assessment shall be conducted in accordance with rules of the state building commission adopted pursuant to subsection (d) of this section and be designed to provide uniform statewide data describing the condition of state buildings and projecting building longevity and space requirements.
The needs assessment for state buildings and space requirements for the capitol complex shall be segregated from other state building and space needs and subject to separate rules adopted by the state building commission in congruity with the provisions of the capitol complex master plan adopted pursuant to W.S. 9
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5
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115.
Through the identification of building conditions and needs, the
assessment
assessments
shall enable the evaluation of capital construction and renovation requirements for all state buildings.
The needs
assessment
assessments
shall be revised annually on or before October 1 of each year.
The needs
assessment
assessments
shall specify construction and renovation requirements for the remainder of the current fiscal year and the succeeding four (4) fiscal years.
(b)
On or before November 1 of each year and based upon the statewide needs
assessment
assessments
of state buildings performed under subsection (a) of this section, the state building commission shall establish and prioritize construction and renovation needs for state buildings. The listing shall specifically identify and prioritize those buildings in need of building construction or renovation and the estimated costs of required construction or renovation during the current fiscal year and during the succeeding four (4) fiscal years.
The prioritization for construction and renovation needs for the capitol square shall be developed by the Wyoming capitol square preservation council and in congruity with the provisions of the capitol complex master plan.
(c)
On or before December 1 of each year, the commission shall provide copies of the needs
assessment
assessments
and statewide construction and renovation priorities established under this section to members of the legislature.
(e)
Rules and procedures adopted under this section by the state building commission shall be applicable to all
state owned buildings unless the operation, management and use of the building has been assigned by statute to a specific state agency.
The agency responsible for the operation and management of a state building exempted by the provisions of this subsection, shall provide the assessment required by subsections (a) through (c) of this section to the state building commission for inclusion in the commission's report to the legislature.
The rules adopted by the commission under subsection (d) of this section shall be used as guidelines for the management of state buildings assigned by statute to other state agencies including the University of Wyoming, community college districts, department of transportation, game and fish commission and state institutions.
For purposes of this subsection, the Wyoming capitol square preservation council is authorized to adopt rules and regulations relative to the operation, management and use of the capitol square as provided by W.S. 9
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5
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114 and 9
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5
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115.
9
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5
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112.
Capitol building rehabilitation and restoration project; components; oversight.
(f)
The department may expend funds appropriated by the 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 final 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 the governor and a majority of the other
voting
members of the
oversight group which consist of the legislator members and the state treasurer
Wyoming capitol square preservation council
.
9
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5
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113.
Capitol building rehabilitation and restoration project; design and construction execution.
(b)
Nothing in W.S. 9
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5
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110 through 9
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5
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113 shall be construed to limit the authority of the governor or the treasurer under article 3, section 31 of the Wyoming constitution.
Section 3.
W.S. 9
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5
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101(d) and 9
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5
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106(e) through (g) are repealed.
Section 4.
There is appropriated one hundred thousand dollars ($100,000.00) from the general fund to the legislative service office.
This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022.
The legislative service office shall include this additional funding, together with any additional requests for staff or funding for duties under this act, within its 2022 budget request to the legislative management council.
Section 5.
The duties and powers of the state building commission under W.S. 9
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5
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109 through 9
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5
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113 as to the state capitol building and Herschler state office rehabilitation, restoration and renovation project described in W.S. 9
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5
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112, as transferred from the state capitol building oversight group by 2019 Wyoming Session Laws, Chapter 197, Section 3, shall be assumed by the Wyoming capitol square preservation council.
Upon the effective date of this act all appropriations, property, contracts, agreements, obligations and authority of the
state building commission shall be transferred to the preservation council. To the extent a power or duty previously within the authority of the state building commission is required to be exercised after the effective date of this act, the power or duty shall be exercised by the Wyoming capitol square preservation council in accordance with provisions of law governing the project.
Section 6
.
Nothing in this act shall be construed to limit the authority of the governor and treasurer under article 3, section 31 of the Wyoming constitution.
Section 7
.
This act is effective July 1, 2021
.
(END)
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HB0255