House Bill NO. 1082

By Senator(s) Carter

SECTION 3. 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 4 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 4. (1) For the purposes of Sections 3 and 4 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, the state agency shall submit the plan to the Bureau of Building, Grounds and Real Property Management for evaluation if the capital improvements project will be funded in whole or in part by public funds. If the capital improvements project will be funded one hundred percent (100%) with private funds, then the state agency shall not be required to submit the plan to the bureau for evaluation.

(4) Any project that utilizes a program manager shall be prohibited from having an individual and/or collective change order which shall exceed more than five percent (5%) of the total contract cost of the project. The program manager, or member of the manager's firm, may not perform as the architect or the contractor on any project for which they are the program manager.

(5) The provisions of subsections (1), (2) and (3) of this section shall not apply to the activities of state port and harbor authorities established pursuant to Section 59-5-1 et seq., Mississippi Code of 1972.

(6) The Bureau of Building, Grounds and Real Property Management shall report annually to the co-chairmen of the Facilities Management Committee, on or before August 15 of each year, the status of all preplanned projects.