WORKING DRAFT HOUSE BILL NO. Select Committee on Capital Financing and Investments A BILL. for

Transcription

1 00 STATE OF WYOMING 0LSO-0.W WORKING DRAFT HOUSE BILL NO. State building commission repeal. Sponsored by: Select Committee on Capital Financing and Investments A BILL for AN ACT relating to administration of government; abolishing the state building commission; assigning functions and duties of the state building commission to the governor's office; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section. W.S. --0 are amended to read: 0 *** STAFF COMMENTS *** This draft implements the motion calling for the repeal of the state building commission and transfer of its functions to the Governor's office General services division.

2 00 STATE OF WYOMING 0LSO-0.W (b) For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or school districts. It does not include the department of transportation except as to paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall: 0 0 (viii) Supervise and approve disposition by sale or trade-in of all agencies' property which has been deemed to be no longer cost effective to the state. Real property in excess of forty (0) acres in one () tract or valued at fifteen thousand dollars ($,000.00) or more shall not be disposed of at less than current appraised value as authorized in accordance with rules of the state building commission governor's office. No other property shall be disposed of at less than fair market value either for cash or in exchange for credit upon purchase of new property. All sales shall be public and based upon adequate notice except that state owned motor vehicles may be sold at public or dealer auction and except that for the first thirty (0) days after acquisition, any personal property may be made available to those entities qualifying under federal surplus property guidelines through the state surplus property warehouse. The proceeds of sale, less

3 00 STATE OF WYOMING 0LSO-0.W costs of sale, shall be remitted to the treasurer for the benefit of the fund from which the property was purchased. This paragraph shall not apply to, nor shall the department or the state building commission governor's office approve or supervise the disposition of land by the state transportation commission; 0 (xix) Lease all property for the state in accordance with rules of the state building commission governor's office. Leasing of property by the state shall be conducted on a bid and proposal basis with advertising of space needs and square footage in community or local newspapers. Leasing contracts may be entered into by noncompetitive negotiation only if: (xx) Maintain, repair and replace all state property in accordance with rules of the state building commission governor's office; Capitol building control; definitions. (b) The state building commission governor's office shall promulgate rules under which the general services division has charge and control of the capitol building

4 00 STATE OF WYOMING 0LSO-0.W 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. (d) As used in this article unless the context requires otherwise: 0 (i) "Department" means the department of administration and information created under W.S (ii) "Division" means the general services division of the department; (iii) "Governor's office" means the position or positions within the office of the governor designated by the governor to fulfill the functions assigned to that office under this article State office space and building sites; authority to buy and lease property; acceptance of donations, grants and devises.

5 00 STATE OF WYOMING 0LSO-0.W (a) In order to obtain building sites for additional 0 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 governor's office, 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 governor's office may lease acquired property until it is needed. The general services division, with the approval of the state building commission governor's office, in cooperation with the department of employment, 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. 0 (b) To accomplish the purposes of subsection (a) of this section the general services division, with the approval of the state building commission governor's office, may accept donations, grants-in-aid and devises.

6 00 STATE OF WYOMING 0LSO-0.W --0. Supervision and control of governor's residence. The governor's residence and the buildings, grounds and property thereto attached belonging to the state of Wyoming are under the supervision and control of the state building commission governor's office State office buildings; maintenance; rental; use of proceeds. (a) The general services division, in accordance with rules of the state building commission governor's office, may maintain, operate, lease, manage and equip state office buildings in Wyoming. (b) Every department occupying space in a building 0 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 governor's office, shall pay to the state treasurer 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

7 00 STATE OF WYOMING 0LSO-0.W as reasonable and proper use will permit. Payments shall be made to the state treasurer for deposit into a fund within the internal service fund to be allocated as follows: (i) An amount as determined by the capital building commission governor's office into the revenue utilities and custodial account to be appropriated by the legislature for payment of utilities and custodial services only; and 0 buildings Purchase or lease of state lands and 0 (a) Before purchasing any land for any state purpose, the state agency or board shall, in accordance with rules of the state building commission governor's office, determine if any land owned by the state is available and could be used for the state purpose. The agency or board shall, in accordance with rules of the state building commission governor's office, negotiate with the agency or board owning or controlling the land for purchase or lease of the lands.

8 00 STATE OF WYOMING 0LSO-0.W (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 governor's office regarding to the operation, management and use of the building unless the agency adopts rules different than those of the commission governor's office in accordance with the provisions of W.S Governor's office powers relative to use of state buildings; rules authorized; exceptions. 0 (a) The state building commission governor's office is authorized to adopt rules and regulations relative to the operation, management and use of any state leased or owned building. If the operation, management and use of a state leased or owned building is assigned by statute to any other state agency that agency may adopt rules and regulations relative to the operation, management and use of the building different than those of the commission governor's office. (b) The secretary to the commission under W.S. -- 0(b)(xxi) shall administratively governor may designate a position or positions within his office to implement any

9 00 STATE OF WYOMING 0LSO-0.W 0 rules of the state building commission his office adopted under this section article or duties of his office under this article. The director of the department of administration and information may adopt rules and regulations which make violation of rules adopted by the commission governor's office under subsection (a) of this section grounds for disciplinary action for any state employee violating the rules of the state building commission governor's office regarding operation, management or use of state buildings General services division; duties and responsibilities with respect to state buildings; state capital construction needs assessment and priorities. (a) The general services division of the department 0 of administration and information shall, subject to the direction of the state building commission governor's office 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 governor's office adopted pursuant to subsection

10 00 STATE OF WYOMING 0LSO-0.W (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. Through the identification of building conditions and needs, the assessment shall enable the evaluation of capital construction and renovation requirements for all state buildings. The needs assessment shall be revised annually on or before October of each year. The needs 0 assessment shall specify construction and renovation requirements for the remainder of the current fiscal year and the succeeding four () fiscal years. (b) On or before November of each year and based 0 upon the statewide needs assessment of state buildings performed under subsection (a) of this section, the state building commission governor's office 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 () fiscal years. 0

11 00 STATE OF WYOMING 0LSO-0.W (c) On or before December of each year, the commission governor's office shall provide copies of the needs assessment and statewide construction and renovation priorities established under this section to members of the legislature. (d) The state building commission governor's office shall adopt rules implementing policies for the management of state buildings. The rules shall establish: 0 (e) Rules and procedures adopted under this section 0 by the state building commission governor's office 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 governor's office for inclusion in the commission's governor's office report to the legislature. The rules adopted by the commission governor's office under subsection (d) of this section shall be used as guidelines for the management of state buildings assigned by statute

12 00 STATE OF WYOMING 0LSO-0.W to other state agencies including the University of Wyoming, community college districts, department of transportation, game and fish commission and state institutions. 0 (f) The state building commission shall meet at least quarterly and governor's office shall promulgate rules specifying procedures under which public comment may be received regarding any actions of the commission, excluding promulgation of rules to which the Wyoming Administrative Procedure Act is applicable governor's office under this section or W.S Development of building projects; rehabilitation of building projects. (a) The commission governor's office shall, on the 0 basis of a state needs assessment plan or as otherwise directed by the legislature and after consultation with and advice from state agencies and officials, other appropriate agencies and officials and members of the public, identify and select potential projects to be studied for inclusion in the Wyoming public buildings construction program pursuant to the following schedule:

13 00 STATE OF WYOMING 0LSO-0.W extent possible: (i) Level I reconnaissance studies shall, to the (H) Summarize public testimony received at meetings held by the commission governor's office in the county of the proposed construction; and 0 (J) Contain the commission s recommendation of the governor's office to the legislature whether to terminate further consideration of the proposed project or to continue the project at its current level of study, or to proceed with further activity under paragraph (ii), (iii) or (iv) of this subsection. (ii) extent possible: Level II feasibility studies shall to the (D) Summarize testimony received at public 0 hearings held by the commission governor's office in the county of the proposed construction; (iii) Level III construction and operation plans shall proceed as authorized and approved by the legislature under the immediate direction and control of the

14 00 STATE OF WYOMING 0LSO-0.W commission. Pursuant to legislative authorization for public building construction projects and prior to completion of Level III construction the commission governor's office may: 0 (iv) After completion of Level III construction, the commission governor's office shall turn over the project to the general services division of the department of administration and information for the operation and maintenance of state owned facilities constructed under the direction and control of the commission governor's office. (b) State agencies shall cooperate fully with the commission governor's office in the preparation of the studies. In the execution of these activities, the commission governor's office shall: 0 (c) The commission governor's office may suspend the expenditure of time or funds on a project at any level of activity, if it is established that it would be in the public interest. The commission governor's office shall report the reason for any suspension of activity to the legislature.

15 00 STATE OF WYOMING 0LSO-0.W (d) Any agency seeking to rehabilitate an existing public building shall submit that request to the commission governor's office. The commission governor's office shall review and develop plans and recommendations for the project as provided in this section Designation of state highways; vesting of county interest in state; commission authorized to acquire severed portions of land; land to be sold. 0 (b) Pursuant to W.S. --0: (iii) Any parcel of land acquired pursuant to 0 paragraph (b)(ii) of this section and not otherwise used for highway purposes or traded for land used for highway purposes shall be offered for sale within two () years from the date of the completion of the project for which it was acquired. After written notice to the state building commission governor's office, the sale or disposition of this land shall be in accordance with rules and regulations adopted by the transportation commission Appointment of members; powers and duties.

16 00 STATE OF WYOMING 0LSO-0.W (b) The select committee shall: (iii) Monitor the establishment and implementation of state capital financing policy by the state building commission and any other state entity charged with capital financing; Section. W.S. --0(b)(xxi), --0(d)(iii) and --0(a) and (c) are repealed. 0 0 Section. Any assessment of state buildings and facilities maintained by the state building commission under W.S. --0 or --0, together with all official records and other information related thereto and powers and duties exercised thereunder, shall be transferred from the state building commission to the governor's office. All rules and regulations promulgated by the state building commission pursuant to W.S. --0 or --0 or pertaining to the use of state buildings or other functions transferred to the governor's office under this act shall remain in effect unaltered as rules and regulations of the governor's office until amended or repealed by that office. Section. This act is effective July, 00.

17 00 STATE OF WYOMING 0LSO-0.W Repealed provisions --0. General services division. (b) For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or school districts. It does not include the department of transportation except as to paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall: (xxi) Designate the administrator of the division to function as secretary to the state building commission who will administratively implement the commission's rules; --0. Reorganization plan; structure; time frame. (d) The entities of state government specified in this subsection are designated as separate operating agencies, which are separate and distinct from the departments and offices specified in subsection (a) of this section because of their quasi-judicial responsibility or because of their unique, specialized function which precludes their inclusion in another department. This act does not otherwise apply to separate operating agencies. Separate operating agencies are as follows: (iii) State building commission; --0. State building commission; composition; general powers and duties; conflicts of interest. (a) The five () elected state officers constitute the state building commission. (c) No member of the state building commission shall: (i) Have a financial interest in any contract entered into or made by the commission or by the general services division;

18 00 STATE OF WYOMING 0LSO-0.W (ii) Be a surety on any bond conditioned for the performance of any contract entered into or made by the commission or by the general services division; (iii) Be an agent of any contractor on any contract entered into or made by the commission or by the general services division. (END)