MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Buildings, Grounds and Lands

By: Representative Guice

AN ACT TO PROVIDE THAT ALL CAPITAL IMPROVEMENTS PROJECTS COSTING ONE MILLION DOLLARS OR MORE SHALL BE FUNDED BY THE LEGISLATURE IN THREE PHASES; TO DEFINE EACH PHASE; TO PROVIDE THAT EACH PHASE SHALL BE FUNDED IN SEPARATE REGULAR SESSIONS OF THE LEGISLATURE; TO DEFINE THE TERM "PREPLANNING"; TO REQUIRE ALL STATE AGENCIES WHICH PLAN TO UNDERTAKE A CAPITAL IMPROVEMENTS PROJECT TO SUBMIT A PREPLANNED CAPITAL IMPROVEMENTS PROJECT PROJECTION TO THE BUREAU OF BUILDING, GROUNDS AND REAL PROPERTY MANAGEMENT FOR EVALUATION; TO PROVIDE THAT ANY PROJECT COSTING UNDER ONE MILLION DOLLARS SHALL NOT BE REQUIRED TO BE PREPLANNED; TO AMEND SECTIONS 31-3-1 AND 31-11-1, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "PROGRAM MANAGEMENT"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 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 three (3) phases. The three (3) phases shall not be funded in the same regular session of the Legislature, except that the three-phase requirement shall not apply where the Legislature finds that an emergency or critical need must be met or a court order complied with. Each phase shall be funded in a separate regular session of the Legislature. Except as provided in subsection (2) of Section 2 of this act, Phase 1 shall be a preplanned 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 shall be funded second. Phase 3, if necessary, shall be the acquisition of furniture and equipment for the capital improvements project and shall be funded last.

SECTION 2. (1) For the purposes of this act, the term "preplanning" means the preliminary planning that establishes the program, scope, design and budget for a capital improvements project.

(2) 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 under One Million Dollars ($1,000,000.00) shall not be required to be preplanned.

(3) 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.

(4) Any project that utilizes a program manager shall be prohibited from having an individual and/or collectively change order which shall exceed more than five percent (5%) of the total contract cost of the project.

SECTION 3. Section 31-3-1, Mississippi Code of 1972, is amended as follows:

31-3-1. The following words, as used in this chapter, shall have the meanings specified below:

"Board": The State Board of Contractors created under this chapter.

"Contractor": Any person contracting or undertaking as prime contractor, subcontractor or sub-subcontractor of any tier to do any erection, building, construction, reconstruction, repair, maintenance or related work on any public or private project; however, "contractor" shall not include any owner of a dwelling or other structure to be constructed, altered, repaired or improved and not for sale, lease, public use or assembly. It is further provided that nothing herein shall apply to:

(a) Any contract or undertaking on a public project by a prime contractor, subcontractor or sub-subcontractor of any tier involving erection, building, construction, reconstruction, repair, maintenance or related work where such contract, subcontract or undertaking is less than Fifty Thousand Dollars ($50,000.00);

(b) Any contract or undertaking on a private project by a prime contractor, subcontractor or sub-subcontractor of any tier involving erection, building, construction, reconstruction, repair, maintenance or related work where such contract, subcontract or undertaking is less than One Hundred Thousand Dollars ($100,000.00);

(c) Highway construction, highway bridges, overpasses and any other project incidental to the construction of highways which are designated as federal aid projects and in which federal funds are involved;

(d) A residential project to be occupied by fifty (50) or fewer families and not more than three (3) stories in height;

(e) A residential subdivision where the contractor is developing either single-family or multi-family lots;

(f) A new commercial construction project not exceeding seventy-five hundred (7500) square feet and not more than two (2) stories in height; or

(g) Erection of a microwave tower built for the purpose of telecommunication transmissions.

"Certificate of responsibility": A certificate numbered and held by a contractor issued by the board under the provisions of this chapter after payment of the special privilege license tax therefor levied under this chapter.

"Person": Any person, firm, corporation, joint venture or partnership, association or other type of business entity.

"Private project": Any project for erection, building, construction, reconstruction, repair, maintenance or related work which is not funded in whole or in part with public funds.

"Program management": A professional service performed by a private firm that supplements a state agency's staff for the performance of capital building projects. A program management service is procured through a professional services qualification process in the same manner as architectural selection. The program manager, or member of manager's firm, may not perform as the architect or the contractor on any project for which they are the program manager. The Bureau of Building, Grounds and Real Property Management may set the criteria to qualify as a certified program manager in the State of Mississippi. However, a program management firm chosen by any state agency shall be a general contractor, architect or engineer licensed in the State of Mississippi, or a firm that: (i) has at least one (1) member of the firm who holds a baccalaureate or higher degree in architecture from a National Architectural Accrediting Board accredited institution or a baccalaureate or higher degree in engineering from an Accrediting Board of Engineering and Technology accredited institution, and (ii) has been performing program management services in the State of Mississippi for at least three (3) years before July 1, 1999.

"Public agency": Any board, commission, council or agency of the State of Mississippi or any district, county or municipality thereof, including school, hospital, airport and all other types of governing agencies created by or operating under the laws of this state.

"Public funds": Monies of public agencies, whether obtained from taxation, donation or otherwise; or monies being expended by public agencies for the purposes for which such public agencies exist.

"Public project": Any project for erection, building, construction, reconstruction, repair, maintenance or related work which is funded in whole or in part with public funds.

SECTION 4. Section 31-11-1, Mississippi Code of 1972, is amended as follows:

31-11-1. (1) For purposes of this chapter, the following terms shall have the meanings specified below:

(a) "State Building Commission" shall mean the Governor's Office of General Services acting through the Bureau of Buildings, Grounds and Real Property Management.

(b) "Program management" means a professional service performed by a private firm that supplements a state agency's staff for the performance of capital building projects. A program management service is procured through a professional services qualification process in the same manner as architectural selection. The program manager, or member of manager's firm, may not perform as the architect or the contractor on any project for which they are the program manager. The Bureau of Buildings, Grounds and Real Property Management may set the criteria to qualify as a certified program manager in the State of Mississippi. However, a program management firm chosen by any state agency shall be a general contractor, architect or engineer licensed in the State of Mississippi, or a firm that: (i) has at least one (1) member of the firm who holds a baccalaureate or higher degree in architecture from a National Architectural Accrediting Board accredited institution or a baccalaureate or higher degree in engineering from an Accrediting Board of Engineering and Technology accredited institution, and (ii) has been performing program management services in the State of Mississippi for at least three (3) years before July 1, 1999.

(2) Wherever the term "state building commission" or "building commission" appears in the laws of the State of Mississippi, it shall be construed to mean the Governor's Office of General Services.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.