MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Buildings, Grounds and Lands

By: Representative Guice

AN ACT TO AMEND SECTIONS 31-3-1 AND 31-11-1, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "PROGRAM MANAGEMENT SERVICE" AND "PROGRAM MANAGER"; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 service" or "program manager": 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. A program manager may not perform as the architect or the contractor on a project for which it is 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 manager chosen by a 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, 2000.

"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 2. 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 service" or "program manager" 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. A program manager may not perform as the architect or the contractor on a project for which it is 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 manager chosen by a 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, 2000.

(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 3. This act shall take effect and be in force from and after July 1, 2000.