House Bill NO. 1335

By Senator(s) Committee

SECTION 1. Section 7-9-151, Mississippi Code of 1972, is amended as follows:

7-9-151. There is hereby established in the State Treasury a revolving fund to be designated as the "Capital Improvements Preplanning Fund" which shall consist of monies appropriated or otherwise made available therefor by the Legislature. Such funds as may be deposited in the revolving fund may be expended by the Bureau of Building, Grounds and Real Property Management to obtain preliminary studies, plans, appraisals, and the purchase of options on or the acquisition of real property. The bureau shall consider architectural and aesthetic compatibility in the preplanning of any project conducted using money from the Capital Improvements Preplanning Fund.

SECTION 2. Section 7-9-153, Mississippi Code of 1972, is amended as follows:

7-9-153. All expenses for preplanning projects authorized by the Legislature shall be paid upon warrants drawn on the Capital Improvement Preplanning Fund created pursuant to this act. The Department of Finance and Administration shall issue warrants upon requisitions signed by the Director of the Bureau of Building, Grounds and Real Property Management. Such requisitions shall set forth the name of the project and estimated cost of the project, and the total of prior expenditures for such project. The Department of Finance and Administration shall not issue a warrant against the Capital Improvements Preplanning Fund if the total amount expended for preliminary study and planning on the project, excluding the acquisition cost of real property, exceeds five percent (5%) of the estimated cost of such project.

SECTION 3. Section 7-9-155, Mississippi Code of 1972, is amended as follows:

7-9-155. Upon the appropriation of funds or the sale of bonds to fund any project authorized by the Legislature for which planning funds have been expended under the provisions of this act, the Director of the Bureau of Building, Grounds and Real Property Management shall requisition such amount as has been expended for preliminary planning to be transferred from the available funds for such project to the Capital Improvements Preplanning Fund and the Department of Finance and Administration shall make such transfer.

SECTION 4. 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-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 three (3) phases shall not be funded in the same regular session of the Legislature. Each phase shall be funded in a separate regular 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 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 5. (1) For the purposes of Sections 4 and 5 of this act, the term "preplanned" or "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.

SECTION 6. This act shall take effect and be in force from and after its passage.

AN ACT TO AMEND SECTIONS 7-9-151, 7-9-153 AND 7-9-155, MISSISSIPPI CODE OF 1972, TO REVISE THE PURPOSES FOR WHICH FUNDS IN THE CAPITAL IMPROVEMENTS PREPLANNING FUND MAY BE EXPENDED; TO INCREASE THE AMOUNT OF FUNDS THAT MAY BE EXPENDED ON THE PREPLANNING OF A PROJECT; TO PROVIDE THAT STATE 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 EXEMPT CERTAIN PROJECTS FROM SUCH REQUIREMENTS; 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; AND FOR RELATED PURPOSES.