MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Buildings, Grounds and Lands; Appropriations

By: Representatives King, Davis

AN ACT TO REQUIRE EVERY CONTRACT MADE BY THE STATE FOR NEW CAPITAL PROJECTS WHICH COST MORE THAN TWO MILLION DOLLARS AND INVOLVE MECHANICAL OR ELECTRICAL SYSTEMS TO HAVE A MANUAL SUPPLIED BY THE CONTRACTOR EXPLAINING THE DESIGN CONCEPT AND COVERING PROPER OPERATION AND MAINTENANCE; TO REQUIRE HEADS OF STATE AGENCIES, IN COOPERATION WITH THE BUREAU OF BUILDING, GROUNDS, AND REAL PROPERTY MANAGEMENT, TO DEVELOP AN ANNUAL FIVE-YEAR SCHEDULED MAINTENANCE PLAN FOR CAPITAL ASSETS UNDER THE JURISDICTION OF THE AGENCY; TO PRESCRIBE THE CONTENTS OF THE SCHEDULED MAINTENANCE PLAN; TO REQUIRE AN EVALUATION OF THE SCHEDULED MAINTENANCE PLAN TO BE PERFORMED ONCE EVERY FIVE YEARS; TO PRESCRIBE THE CONTENTS OF THE EVALUATION; TO PROVIDE THAT A SCHEDULED MAINTENANCE PLAN OR AN EVALUATION OF THE PLAN SHALL NOT BE ADMISSIBLE IN ANY ACTION OR PROCEEDING AGAINST THE STATE, ANY AGENCY, POLITICAL SUBDIVISION OR OFFICER OF THE STATE TO PROVE THE EXISTENCE OF A PARTICULAR DEFECT OR DANGEROUS CONDITION IN ANY CAPITAL ASSET; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Every contract made by or on behalf of the state or any agency or official of the state for new capital projects or programs which cost more than Two Million Dollars ($2,000,000.00), and which involve plumbing, electrical, heating and ventilating or other mechanical or electrical systems, shall require that a comprehensive manual be supplied by the contractor explaining the design concept and covering the proper operation and maintenance of the entire system. The manual shall be designed, using explanatory diagrams as needed, to cover both day-to-day operations and emergencies so as to insure proper care and maximum useful life of the project. This contract provision may be waived whenever the necessary operation and maintenance information is available from other sources, is not necessary due to the nature of the asset, is already available for a similar project, or is provided free by a supplier and covers the maintenance needs of the entire system.

(2) The head of each state agency, in cooperation with the Bureau of Building, Grounds and Real Property Management, shall develop an annual five-year scheduled maintenance plan, by asset or asset group, for the capital assets under the jurisdiction of the agency. The scheduled maintenance plan, where applicable, shall be designed to meet or exceed engineering or architectural standards for the assets. The scheduled maintenance plan shall include:

(a) A description of the age and current condition of the capital assets, by asset or asset group;

(b) The establishment of goals for the condition of the capital assets, by asset or asset group, for each of the next five (5) fiscal years; and

(c) A description of the maintenance activities and projected levels of funding necessary for the next five (5) fiscal years to achieve the goals for the condition of the capital assets, by asset or asset group.

The scheduled maintenance plan may be developed in coordination with and as part of a capital plan prepared pursuant to other provisions of law.

(3) The head of each state agency shall cause to be performed once every five (5) years an independent evaluation of the agency's scheduled maintenance plan. The evaluation shall be conducted by individuals with expertise in the field of maintenance and maintenance planning, and shall be submitted to the Governor and to the chairmen of the Senate Finance Committee and the House Ways and Means Committee. The evaluation shall include, but not be limited to:

(a) An assessment of the adequacy of the scheduled maintenance of the capital assets under the jurisdiction of the agency;

(b) Recommendations for any improvements or technological advances in the way in which the agency should maintain the capital assets under its jurisdiction; and

(c) An assessment as to whether the level or allocation of funding for scheduled maintenance is sufficient.

(4) A scheduled maintenance plan or evaluation of the plan required by this section shall not be admissible in any action or proceeding in which the state or any of its departments, agencies or authorities, or any municipal corporation or other political subdivision, or any officer or employee thereof, is a party, to prove the existence of a particular defect or dangerous condition in any capital asset or portion of a capital asset. The state or any of its departments, agencies or authorities, or any municipal corporation or other political subdivision, or any officer or employee thereof shall not be held liable for damages as a result of a failure to comply with any scheduled maintenance plan required by this section or for failure to take any action as a result of any evaluation of the plan.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.