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 PROVIDE THAT CONSTRUCTION PROJECTS FUNDED WITH STATE BOND FUNDS OR OTHER STATE FUNDS AUTHORIZED FOR COMMUNITY AND JUNIOR COLLEGES SHALL NOT BE ADMINISTERED THROUGH THE TWO-PHASE PLANNING PROCESS; 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 for new facilities, costing Two Million Dollars ($2,000,000.00) 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 for new facilities costing less than Two Million Dollars ($2,000,000.00) 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 not 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. This act shall take effect and be in force from and after July 1, 2007.