# Title 48 — Public Buildings

## Chapter 48-10 — Capitol Grounds Planning Commission

### § 48-10-01. Capitol grounds planning commission.

The capitol grounds planning commission consists of the lieutenant governor as chairman
and eight other members selected biennially as provided in this section. The governor shall
appoint two citizens, one licensed architect, and one representative from the state historical
society as members, the president of the senate shall appoint two senators as members, and
the speaker of the house of representatives shall appoint two representatives as members.
Appointment to the commission is for a term of two years. Legislative and citizen members of
the planning commission are entitled to per diem payments and expenses in such amount and
in the same manner as provided by law for members of the legislative management.
### § 48-10-02. Capitol building fund to be administered by the capitol grounds planning

commission - Continuing appropriation - Procedure for expenditure of certain funds.
The capitol grounds planning commission shall have general powers to superintend the
administration of the capitol building fund, its interest and income fund, and its investments and
properties. It may cause any lands now held in such funds to be sold at market value, direct the
conversion of any securities now held by such funds to cash, approve expenditures from such
funds subject to law and legislative appropriations, and to do all other things necessary to carry
out the intent and purposes of this section. The board of university and school lands or its
designee, on the commission's behalf, shall see to the investment and management of the
capitol building fund and its interest and income fund and shall account to the commission
concerning these funds at the commission's request.
Provided further, all moneys and other property in the capitol building fund, except as
otherwise appropriated, are hereby dedicated and reserved to the exclusive purpose of the
construction of an addition to the legislative wing of the state capitol building, and the capitol
grounds planning commission shall take necessary steps to accumulate and conserve the
money and property in the capitol building fund for such purpose.
The commission may, during any biennium, expend from the interest and income fund of the
capitol building fund a sum not to exceed fifty percent of the unencumbered balance on the first
day of any biennium, and such amount is hereby appropriated to the capitol grounds planning
commission. The expenditure may be made, after consideration of the capitol grounds master
plan, for projects or planning but may not exceed two hundred fifty thousand dollars per
biennium. The expenditure may only be made upon approval by two-thirds of the total
membership of the commission. The expenditure must be made upon a voucher, or vouchers,
prepared by the office of management and budget at the direction of the commission.
### § 48-10-03. Powers and duties of the commission - Authority to accept gifts -

Continuing appropriation.
The capitol grounds planning commission shall confer with the state council on the arts with
respect to the artistic value of monuments, memorials, or works of art to be constructed on the
capitol grounds and with qualified consultants retained by it to select sites for buildings, facilities,
monuments, memorials, or works of art to be constructed on the capitol grounds. The
commission shall develop and modify long-term plans for the development of the capitol
grounds. The commission shall approve or disapprove the basic style, exterior construction, and
physical and aesthetic features of the public interior areas of any building, facility, monument,
memorial, or work of art constructed on the capitol grounds. Except as otherwise provided by
this section, the commission has exclusive authority to accept or reject gifts of any type or class
of property for exterior placement on the capitol grounds or for the improvement of the exterior
construction of any building or facility on the capitol grounds, including landscaping and
improvements to the capitol grounds. Any gifts of money accepted pursuant to this section must
be deposited in the capitol building fund and are appropriated on a continuing basis to the
commission for purposes consistent with this section. No construction or placement of an item
on the capitol grounds may be undertaken without the approval of the commission, unless the

construction or placement is authorized by the legislative assembly. If the legislative assembly
by law or resolution authorizes the construction or placement of an item on the capitol grounds,
the commission shall approve the site, basic style, and exterior construction of the item within a
reasonable period of time.
The commission shall advise the director of the office of management and budget and the
legislative council on matters relating to the physical and aesthetic features of the nonpublic
interior areas of all buildings on the capitol grounds. The commission must be called in and shall
meet whenever major interior changes, including new construction, remodeling, or renovation of
any kind, are proposed or considered for the buildings or facilities on the capitol grounds. The
commission must be consulted before the purchase or installation of furniture or fixtures in
public areas of the capitol and other buildings on the capitol grounds. The commission may
receive reports on new facility construction and remodeling projects exceeding five million
dollars, including owned and leased facilities from which the state operates. The commission
may not receive new facility construction and remodeling reports on facilities operated by
entities under the control of the state board of higher education or the national guard. The
commission shall perform any other duties as may be prescribed by law.
