MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Public Property; Ways and Means
By: Representative Moss, Bailey, Clarke, Dedeaux, Hudson, Robinson (63rd), Rogers (61st)
AN ACT TO AMEND SECTION 31-11-30, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "EMERGENCY" AND "CRITICAL NEED" FOR THE PURPOSES OF EXEMPTION FROM THE REQUIREMENT OF FUNDING CAPITAL IMPROVEMENTS PROJECTS INVOLVING STATE BUILDINGS IN TWO PHASES; TO REQUIRE THAT CONSTRUCTION PROJECTS FUNDED WITH STATE BOND FUNDS OR OTHER STATE FUNDS AUTHORIZED FOR COMMUNITY AND JUNIOR COLLEGES BE ADMINISTERED THROUGH THE TWO-PHASE PLANNING PROCESS; TO CREATE A NEW SECTION TO PROHIBIT CONSTRUCTION PROGRAM MANAGERS AND BUILDING COMMISSIONING AGENTS AND THEIR SUBSIDIARIES OR PARENTS FROM BIDDING ON ANY PUBLIC CONSTRUCTION PROJECT FOR WHICH THEY ARE PROVIDING CONSTRUCTION PROGRAM MANAGEMENT SERVICES OR BUILDING COMMISSIONING SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 31-11-30, Mississippi Code of 1972, is amended as follows:
31-11-30. (1) Every capital improvements project, costing One Million Dollars ($1,000,000.00) or more, which is developed to repair, renovate, construct, remodel, add to or improve a state-owned public building shall be funded by the Legislature in two (2) phases. The two-phase funding requirement shall not apply to capital improvements projects for a state-owned port or where the Legislature finds that an emergency or critical need must be met or a court order complied with. The two (2) phases shall not be funded in the same regular session of the Legislature. Each phase shall be funded in a separate session of the Legislature. Phase 1 shall be a preplanned capital improvements project budget projection for the project and shall be funded first. Phase 2 shall be the actual repair, renovation, construction, remodeling, addition to or improvement of the state-owned public building and the acquisition of furniture and equipment for the capital improvements project and shall be funded second.
(2) For the purposes of this section:
(a) "Preplanned" or "preplanning" means the preliminary planning that establishes the program, scope, design and budget for a capital improvements project.
(b) "Emergency" has the meaning as defined in Section 31-7-1.
(c) "Critical need" means necessary to meet accreditation standards or necessary to respond to failures in planning.
(3) Every state agency that plans to repair, renovate, construct, remodel, add to or improve a state-owned public building shall submit a preplanned capital improvements project budget projection to the Bureau of Building, Grounds and Real Property Management for evaluation. The bureau shall assess the need for all preplanned projects submitted and shall compile a report on its findings. Any capital improvements project costing less than One Million Dollars ($1,000,000.00) shall not be required to be preplanned.
(4) Upon the completion of any preplanning for a capital improvements project, if such preplanning is funded with self-generated funds by a state agency, the plan shall be submitted to the bureau for evaluation.
(5) This section shall not apply to capital improvements projects authorized by the Legislature before the 2001 Regular Session of the Legislature.
(6) This section shall apply to any community or junior college project funded in whole or in part by either state bonds or funds appropriated for that construction by the Legislature.
SECTION 2. (1) For the purposes of this section:
(a) "Building commissioning agent" means a person or entity who renders building commissioning services.
(b) "Building commissioning services" include any services rendered by an independent contractor to the state or a local governing authority associated with the construction of buildings that are intended to assist in the state or local governing authority in reducing construction costs or enhancing the long-term value of the construction project.
(c) "Construction program management services and/or construction management services" means a set of management and technical services rendered by a person or firm to a public sector building owner during the predesign, design, construction or post-construction phases of new construction, demolition, alteration, repair or renovation projects. These services shall include any one or more of the following: project planning, budgeting, scheduling, coordination, design management, construction administration or facility occupancy actions, but shall not include any component of the actual construction work. The term shall not include general contractors who are engaged to actually perform the construction work. The term also shall not include services customarily performed by licensed architects or registered engineers.
(d) "Construction program manager and/or construction manager" means a person or entity who performs construction program management services and/or construction management services.
(e) "Public construction project" means any project for the construction of buildings for the state or for any local governing authority of the state.
(2) No construction program manager and/or construction manager, or any subsidiary owned in whole or in part by the construction program manager and/or construction manager, or any parent corporation or firm of the construction program manager and/or construction manager, shall be eligible to bid or otherwise participate in the construction, contracting or subcontracting on any public construction project or part thereof for which the construction program manager and/or construction manager has been hired to perform construction program management services and/or construction management services. Compensation for construction program management services and/or construction management services shall not exceed three percent (3%) of the cost of the public construction project or part thereof for which the construction program manager and/or construction manager has been hired. Any contract for public construction that violates this provision shall be void against the public policy of the state.
(3) No building commissioning agent, or any subsidiary owned in whole or in part by the building commissioning agent, or any parent corporation or firm of the building commissioning agent, shall be eligible to bid or otherwise participate in the construction, contracting or subcontracting on any public construction project or part thereof for which the building commissioning agent has been hired to perform construction building commissioning services. Any contract for public construction that violates this provision shall be void against the public policy of the state.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.