SB 369: "An Act relating to the maintenance of and art requirements for certain public buildings and facilities and to the art in public places fund; and providing for an effective date."
00SENATE BILL NO. 369 01 "An Act relating to the maintenance of and art requirements for certain public 02 buildings and facilities and to the art in public places fund; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 35 is amended by adding a new chapter to read: 06 CHAPTER 50. STATE MAINTENANCE OF STATE-OWNED BUILDINGS. 07 Sec. 35.50.010. STATE BUILDING MAJOR MAINTENANCE FUND. (a) 08 The state building major maintenance fund is established in the Department of 09 Administration. The fund consists of 10 (1) money appropriated to the fund by the legislature; 11 (2) the proceeds of general obligation bonds and revenue bonds issued 12 for major maintenance projects of state buildings; 13 (3) the construction cost proceeds deposited in the fund under 14 AS 35.50.030(a);
01 (4) the major maintenance assessment fees deposited in the fund under 02 AS 35.50.090(a); 03 (5) money from the federal government that is for the major 04 maintenance of state buildings and that is appropriated to the fund; and 05 (6) interest on money in the fund, if appropriated into the fund by the 06 legislature. 07 (b) Subject to appropriation, the money in the state fund shall be used for 08 major maintenance projects for state buildings, and for the costs of employing or 09 contracting with persons to provide the expertise needed by the committee to perform 10 its duties under this chapter. 11 Sec. 35.50.020. UNIVERSITY BUILDING MAJOR MAINTENANCE FUND. 12 (a) The university building major maintenance fund is established as a fund of the 13 University of Alaska. The fund consists of 14 (1) money appropriated to the fund by the legislature; 15 (2) the proceeds of general obligation bonds and revenue bonds issued 16 for major maintenance projects of university buildings; 17 (3) the construction cost proceeds deposited in the fund under 18 AS 35.50.030(b); 19 (4) the major maintenance assessment fees deposited in the fund under 20 AS 35.50.090(b); 21 (5) money from the federal government that is for the major 22 maintenance of university buildings and that is appropriated to the fund; and 23 (6) interest on money in the fund, if appropriated into the fund by the 24 legislature. 25 (b) Subject to appropriation, the money in the university fund shall be used for 26 major maintenance projects for university buildings, and for the costs of employing or 27 contracting with persons to provide the expertise needed by the Board of Regents to 28 perform its duties under this chapter. 29 Sec. 35.50.025. NONLAPSING APPROPRIATIONS. Except as otherwise 30 provided by the particular appropriation, appropriations to the state fund or university 31 fund are not one-year appropriations, and appropriation balances do not lapse under
01 AS 37.25.010. 02 Sec. 35.50.030. REQUIRED DEPOSIT. (a) Subject to an appropriation for 03 the purpose, a state agency that is responsible for the construction of a state building 04 shall deposit into the state fund one percent of the construction costs of the state 05 building. 06 (b) Subject to an appropriation for the purpose, if the university is responsible 07 for the construction of a building, the university shall deposit into the university fund 08 one percent of the construction costs of the building. 09 (c) In this section, "construction costs" means all costs to construct the 10 building, including planning, design, and financing costs, but does not include the cost 11 of the land for the building. 12 Sec. 35.50.040. REVIEW COMMITTEE ESTABLISHED. (a) The State 13 Building Major Maintenance Review Committee is established in the department. The 14 committee consists of the commissioners, or their designees, of 15 (1) the Department of Administration; 16 (2) the Department of Transportation and Public Facilities; and 17 (3) three other departments selected by the governor on a two-year 18 rotating basis. 19 (b) The commissioner of administration shall serve as the chair of the 20 committee. 21 Sec. 35.50.050. EXPERT ASSISTANCE. The committee may employ or 22 contract with persons to provide the expertise needed by the committee to carry out 23 its duties under this chapter. The Board of Regents may employ or contract with 24 persons to provide the expertise needed by the Board of Regents to carry out its duties 25 under this chapter. 26 Sec. 35.50.060. COMMITTEE DUTIES. The committee shall 27 (1) develop criteria for establishing the major maintenance needs of 28 state buildings; 29 (2) analyze the major maintenance needs of state buildings; 30 (3) establish a method for prioritizing the major maintenance projects 31 needed for state buildings; the method must include consideration of the need for the
01 projects and the cost of the projects; 02 (4) prepare and maintain a six-year major maintenance plan for state 03 buildings; 04 (5) prepare a complete list of all major maintenance needs of state 05 buildings each year; 06 (6) prepare a prioritized list of the major maintenance projects that the 07 committee recommends be performed each year for state buildings; the selection shall 08 be based on the need for the projects, the cost of the projects, and other factors 09 determined significant by the committee; 10 (7) review the life cycle costs of state buildings; and 11 (8) develop annual maintenance and operating strategies. 12 Sec. 35.50.070. BOARD OF REGENTS DUTIES. The Board of Regents shall 13 (1) develop criteria for establishing the major maintenance needs of 14 university buildings; 15 (2) analyze the major maintenance needs of university buildings; 16 (3) establish a method for prioritizing the major maintenance projects 17 needed for university buildings; the method must include consideration of the need for 18 the projects and the cost of the projects; 19 (4) prepare and maintain a six-year major maintenance plan for 20 university buildings; 21 (5) prepare a complete list of all major maintenance needs of university 22 buildings each year; 23 (6) prepare a prioritized list of the major maintenance projects that the 24 Board of Regents recommends be performed each year for university buildings; the 25 selection shall be based on the need for the projects, the cost of the projects, and other 26 factors determined significant by the Board of Regents; 27 (7) review the life cycle costs of university buildings; and 28 (8) develop annual maintenance and operating strategies. 29 Sec. 35.50.080. REPORTS TO LEGISLATURE. (a) The commissioner of 30 administration shall provide to the legislature by January 15 of each year 31 (1) the committee's list of all current major maintenance needs for state
01 buildings; 02 (2) a report on the activities of the committee during the previous fiscal 03 year; and 04 (3) a prioritized list of the major maintenance projects recommended 05 by the committee for state buildings for the next fiscal year. 06 (b) The Board of Regents shall provide to the legislature by January 15 of 07 each year 08 (1) the Board of Regents' list of all current major maintenance needs 09 for university buildings; 10 (2) a report on the activities of the Board of Regents under this chapter 11 during the previous fiscal year; and 12 (3) a prioritized list of the major maintenance projects recommended 13 by the Board of Regents for university buildings for the next fiscal year. 14 Sec. 35.50.090. MAJOR MAINTENANCE ASSESSMENT FEE. (a) Subject 15 to an appropriation for the purpose, each fiscal year a state agency that occupies a state 16 building shall deposit in the state fund an annual major maintenance assessment fee 17 in the amount established by the committee each year for each square foot occupied 18 by the state agency in the building. 19 (b) Subject to an appropriation for the purpose, each fiscal year the university 20 shall deposit in the university fund an annual major maintenance assessment fee in the 21 amount established by the Board of Regents each year for each square foot occupied 22 by the university in a university building. 23 (c) The governor shall use the square foot rates established by the committee 24 and the university each year to prepare the budget submitted by the governor to the 25 legislature under AS 37.07. 26 Sec. 35.50.900. DEFINITIONS. In this chapter, 27 (1) "Board of Regents" means the Board of Regents of the University 28 of Alaska; 29 (2) "building" includes improvements that are connected to the building, 30 but does not include 31 (A) a school for which the major maintenance grant fund under
01 AS 14.11.007 may be used to make a grant to the school; or 02 (B) an international airport; in this paragraph, "international 03 airport" has the meaning given in AS 02.15.260; 04 (3) "committee" means the State Building Major Maintenance Review 05 Committee established by AS 35.50.040; 06 (4) "department" means the Department of Administration; 07 (5) "state agency" means a department, institution, board, commission, 08 division, authority, public corporation, committee, or other administrative unit of the 09 executive, judicial, or legislative branch of state government, but does not include the 10 University of Alaska, the Alaska Railroad Corporation, the Alaska Housing Finance 11 Corporation, the Alaska Aerospace Development Corporation, or the Alaska Industrial 12 Development and Export Authority; 13 (6) "state building" means a building owned by the state; 14 (7) "state fund" means the state building major maintenance fund 15 established under AS 35.50.010; 16 (8) "university" means the University of Alaska; 17 (9) "university building" means a building owned by the University of 18 Alaska; 19 (10) "university fund" means the university building major maintenance 20 fund established under AS 35.50.020. 21 * Sec. 2. AS 44.27.052(a) is amended to read: 22 (a) The council may 23 (1) hold public and private hearings; 24 (2) enter into contracts, within the limit of funds available, with 25 individuals, organizations, and institutions for services furthering the educational 26 objectives of the council's programs; 27 (3) enter into contracts, within the limit of funds available, with local 28 and regional associations for cooperative endeavors furthering the educational 29 objectives of the council's programs; 30 (4) accept gifts, contributions, and bequests of unrestricted funds from 31 individuals, foundations, corporations, and other organizations or institutions for the
01 purpose of furthering the educational objectives of the council's programs; and 02 (5) make and sign agreements and to do and perform any acts 03 necessary to carry out the purposes of AS 44.27.040 - 44.27.058 [AS 44.27.040 - 04 44.27.060]. 05 * Sec. 3. AS 44.35.030 is amended to read: 06 Sec. 44.35.030. CONSTRUCTION OF MEMORIALS TO ALASKA 07 VETERANS. The Department of Military and Veterans' Affairs may construct 08 memorials to Alaska veterans. A memorial constructed under this section is not 09 subject to AS 35.15 [OR AS 35.27]. 10 * Sec. 4. AS 35.27; AS 44.27.050(6), and 44.27.060 are repealed. 11 * Sec. 5. APPLICATION. (a) Notwithstanding the repeal of AS 35.27 by sec. 4 of this 12 Act, AS 35.27 continues in effect for the purpose of the design, construction, mounting, and 13 administration of a work of art if a contract for the design, construction, mounting, or 14 administration of the work of art is entered into under AS 35.27 before the effective date of 15 sec. 4 of this Act. 16 (b) Notwithstanding the amendment of AS 44.27.052(a)(5) by sec. 2 of this Act and 17 the repeal of AS 44.27.050(6) and 44.27.060 by sec. 4 of this Act, AS 44.27.052(a)(5), as it 18 reads before the effective date of this Act, and AS 44.27.050(6) and 44.27.060 continue in 19 effect for the purpose of the design, construction, mounting, administration, commission, or 20 loan of a work of art if a contract for the design, construction, mounting, administration, 21 commission, or loan of the work of art to be funded in whole or in part under AS 44.27.060 22 is entered into before the effective date of sec. 4 of this Act. 23 * Sec. 6. AS 35.50.010(a)(4), 35.50.020(a)(4), and 35.50.090, added by sec. 1 of this Act, 24 take effect July 1, 1995. The other provisions of this Act take effect immediately under 25 AS 01.10.070(c).