MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Appropriations
By: Representative Stevens
AN ACT TO PROVIDE THAT THE LEGISLATURE SHALL EXERCISE EXCLUSIVE MANAGEMENT AND CONTROL OVER THE NEW STATE CAPITOL AND ITS GROUNDS; TO PROVIDE THAT THE LEGISLATURE SHALL HAVE JURISDICTION TO ENFORCE THE STATE LAWS IN THE CAPITOL AND ON ITS GROUNDS; TO AUTHORIZE THE LEGISLATURE TO ENTER INTO CONTRACTS FOR MAINTENANCE, SECURITY AND OTHER SERVICES NECESSARY FOR THE CARE OF THE NEW STATE CAPITOL AND ITS GROUNDS; TO AMEND SECTION 29-5-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE LEGISLATURE TO EMPLOY AN ELEVATOR OPERATOR AND AN ARCHITECTURAL HISTORIAN FOR THE CAPITOL; TO AMEND SECTION 29-5-12, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LEGISLATURE TO PROVIDE FOR THE CARE AND LANDSCAPING OF THE CAPITOL GROUNDS; TO AMEND SECTIONS 29-5-61 THROUGH 29-5-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LEGISLATURE SHALL BE RESPONSIBLE FOR THE SUPERVISION OF PARKING ON THE CAPITOL GROUNDS; TO AMEND SECTIONS 5-1-83, 29-5-2, 29-5-57, 29-5-59, 29-5-77 THROUGH 29-5-91, 29-5-95 AND 31-11-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY THEREFOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature shall exercise exclusive management and control over the New State Capitol and its appurtenant grounds and shall provide for the general supervision and care of the New State Capitol and its grounds.
(2) The Legislature shall be responsible for the assignment of all office space in the New State Capitol.
(3) The Legislature shall have jurisdiction the enforcement of all laws of the State of Mississippi in the New State Capitol and on its appurtenant grounds. Through persons appointed by the Legislature, or through the Department of Public Safety at the request of the Speaker of the House of Representatives or the Lieutenant Governor, arrests may be made for any violation of any law of the State of Mississippi in the New State Capitol or on its grounds. The Legislature may provide for the enforcement of Sections 29-5-59 through 29-5-65, 29-5-69 through 29-5-75 and 29-5-81 through 29-5-95.
When, in the opinion of the Speaker of the House of Representatives or the Lieutenant Governor, it is readily apparent that an emergency exists where the persons appointed by the Legislature are unable to control a situation or to enforce the laws, the Speaker of the House of Representatives or the Lieutenant Governor may call upon the Department of Public Safety, which shall have the power to arrest and detain persons for violations of state laws occurring in the New State Capitol or on its grounds.
(4) The Legislature may enter into contracts for building maintenance, cleaning, security, printing of parking insignia, posting of traffic signs and for such other services as may be necessary in the general supervision and care of the New State Capitol and its grounds.
SECTION 2. Section 29-5-2, Mississippi Code of 1972, is amended as follows:
29-5-2. The duties of the Department of Finance and Administration shall be as follows:
(a) (i) To exercise general supervision and care over and keep in good condition the following state property located in the City of Jackson: * * * the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the War Veterans' Memorial Building, the Charlotte Capers Building, the William F. Winter Archives and History Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol * * *, the Governor's Mansion, the Heber Ladner Building, the Burroughs Building, the Robert E. Lee Office Building, the Robert E. Lee Parking Garage, the Manship House Restoration and Visitor Center, the State Records Center, the 301 Lamar Street Building, and all other properties acquired in the same transaction at the time of the purchase of the Robert E. Lee Hotel property from the First Federal Savings and Loan Association of Jackson, Mississippi, which properties are more particularly described in a warranty deed heretofore executed and delivered on April 22, 1969, and filed for record in the office of the Chancery Clerk of the First Judicial District of Hinds County, Mississippi, located in Jackson, Mississippi, on April 25, 1969, at 9:00 a.m., and recorded in Deed Book No. 1822, page 136 et seq., and the Central High Building and 101 Capitol Centre.
(ii) To exercise general supervision and care over and keep in good condition the Dr. Eldon Langston Bolton Building located in Biloxi, Mississippi.
(iii) To exercise general supervision and care over and keep in good condition the State Service Center, located at the intersection of State Highway 49 and John Merl Tatum Industrial Drive in Hattiesburg, Mississippi.
(b) To assign suitable office space for the various state departments, officers and employees who are provided with an office in any of the buildings under the jurisdiction or control of the Department of Finance and Administration. * * * (c) To approve or disapprove with the concurrence of the Public Procurement Review Board, any lease or rental agreements by any state agency or department, including any state agency financed entirely by federal and special funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration. In no event shall any employee, officer, department, federally funded agency or bureau of the state be authorized to enter a lease or rental agreement without prior approval of the Department of Finance and Administration and the Public Procurement Review Board.
The Department of Finance and Administration is authorized to use architects, engineers, building inspectors and other personnel for the purpose of making inspections as may be deemed necessary in carrying out its duties and maintaining the facilities.
(d) To acquire by lease, lease-purchase agreement, or otherwise, as provided in Section 27-104-107, and to assign through the Office of General Services, by lease or sublease agreement from the office, and with the concurrence of the Public Procurement Review Board, to any state agency or department, including any state agency financed entirely by federal and special funds, appropriate office space in the buildings acquired.
SECTION 3. Section 29-5-9, Mississippi Code of 1972, is amended as follows:
29-5-9. * * *
* * * The Legislature, acting through its appointed entity or person(s) having responsibility for the hiring of joint legislative employees, may employ and compensate a receptionist * * * and any assistants deemed necessary for such receptionist, an elevator operator and an architectural historian for the New State Capitol. Compensation for such joint legislative employees shall be paid out of funds appropriated for joint legislative operations.
The receptionist shall operate an information desk, furnish information to visitors; maintain a registration book for visitors; distribute literature furnished by state agencies, historical societies, pilgrimage clubs, private individuals or organizations engaged in the manufacturing of products from Mississippi resources; and conduct tours of the building. All agencies of the State of Mississippi and others having literature for distribution shall supply the New State Capitol * * * receptionist with copies of such literature for distribution.
The architectural historian shall monitor the interior, including furnishings, and exterior condition of the new State Capitol and make recommendations to the Legislature with regard to the long-term care and preservation of the building. In this capacity, the architectural historian shall work closely with the Department of Archives and History, and the department shall assist the historian in the execution of her duties.
SECTION 4. Section 29-5-12, Mississippi Code of 1972, is amended as follows:
29-5-12. The Legislature shall provide for reasonable landscaping and care, including the maintenance of a water sprinkling system, for the New State Capitol grounds.
SECTION 5. Section 29-5-57, Mississippi Code of 1972, is amended as follows:
29-5-57. It shall be the duty of the Department of Finance and Administration to supervise and regulate the parking of motor vehicles at the facilities named in Section 29-5-2 except for the New State Capitol, the State Board of Health Building and the Governor's Mansion. The department shall make all necessary regulations to ensure that parking space shall be available for state officers and employees whose official duties require their presence at such facilities and for business visitors, authorized members of the press, tourists and other visitors who are in need of parking space at any such building * * *.
SECTION 6. Section 29-5-59, Mississippi Code of 1972, is amended as follows:
29-5-59. Except as otherwise provided in Section 29-5-61, all parking * * * spaces adjacent to the south side of the New Capitol Building between the east side of the south entrance to the first floor and the east walkway, or President Street entrance, shall be reserved for use of the Governor. In addition, a parking space adjacent to the south side of the New State Capitol, east of the south entrance to the first floor and in the southernmost corner of that space under the portico, shall be reserved for the Governor.
SECTION 7. Section 29-5-61, Mississippi Code of 1972, is amended as follows:
29-5-61. The Legislature shall provide for the supervision and regulation of the parking of motor vehicles on the grounds of the New State Capitol. The Legislature may designate a number it deems appropriate of parking spaces adjacent to the north side of the New State Capitol * * * for the use of tourists, visitors and those having temporary business to transact in the New State Capitol. All parking spaces adjacent to the north side of the New State Capitol * * * shall be and are * * * reserved for use by the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, officers of the Senate and House of Representatives, and visitors, tourists and those persons having temporary business to transact in the New State Capitol * * *. In addition, a parking space adjacent to the south side of the New State Capitol, east of the south entrance to the first floor and in the northernmost corner of that space under the portico, shall be reserved for use of the Lieutenant Governor; and a parking space adjacent to the south side of the New State Capitol, west of the south entrance to the first floor and in the southernmost corner of that space under the portico, shall be reserved for the Speaker of the House of Representatives. The * * * parking spaces reserved for the named officials shall be plainly marked with suitable signs or markers, designating which space is reserved for such individual or officer. The spaces reserved for use in parking for visitors, tourists and those having temporary business to transact in said New State Capitol * * * shall be plainly marked with suitable signs or markers showing that they are reserved for visitors and with the notation thereon "two-hour limit." The Legislature shall provide suitable signs and markers to indicate those parking spaces which shall be available for the convenience of tourists, visitors, and those having temporary business to transact in the New State Capitol.
SECTION 8. Section 29-5-63, Mississippi Code of 1972, is amended as follows:
29-5-63. All parking spaces on the north side of the New State Capitol * * *, other than those adjacent to the north side of said building, * * * shall be and are * * * reserved for use of state officers, state employees and authorized members of the press whose official duties require their presence in the New State Capitol * * *.
Parking spaces not otherwise specifically designated may be made available to other state officers and employees not domiciled in the New State Capitol * * *, in the discretion of the Legislature under such regulations as may be prescribed therefor.
SECTION 9. Section 29-5-65, Mississippi Code of 1972, is amended as follows:
29-5-65. * * * The Legislature shall designate and reserve sufficient parking spaces around the New State Capitol * * * to accommodate the members of the Legislature. The spaces * * * shall be identified and marked with the name of each member of the Legislature, and that space * * * shall be reserved for the exclusive use of the that legislator. The Legislature shall reserve and allocate, among those spaces, an individual parking space for use of any member of the Legislature who is physically handicapped, so as to make his or her entrance to and exit from the New State Capitol * * * as convenient as is reasonably possible.
SECTION 10. Section 29-5-67, Mississippi Code of 1972, is amended as follows:
29-5-67. (1) The Department of Finance and Administration is directed to have prepared or to secure suitable insignia for placing on automobiles so as to properly designate the automobiles as belonging to or used by state officers and employees and denoting in which building the officer or employee is located * * * or such other identification as will aid in the enforcement of Sections 29-5-57 through * * * 29-5-77. Such insignia or other identification shall be issued once each year to all state officers or state employees entitled thereto.
(2) * * * The * * * Legislature shall furnish its membership and staff with distinctive insignia of appropriate design for their personal automobiles, the expense to be paid out of the contingent fund of each house.
SECTION 11. Section 29-5-69, Mississippi Code of 1972, is amended as follows:
29-5-69. * * * All parking spaces adjacent to the New State Capitol grounds on the west side of President Street, the south side of High Street, the north side of Mississippi Street, and the east side of West Street, shall be reserved for the use of legislative employees. The Legislature shall place signs to that effect on the described streets * * *.
All legislative employees * * * shall be provided with distinctive stickers by the Legislature which shall be placed in a prominent place on the rear of the automobile owned and regularly used by that employee.
Any person without a sticker on his automobile who parks in any space reserved in the first paragraph of this section shall be guilty of a misdemeanor and * * * upon conviction, shall be fined not to exceed Twenty-five Dollars ($25.00).
Any person who is not a legislative employee and who has on his automobile a Capitol parking sticker or any legislative employee who gives his parking sticker to another person to use on such person's car, shall be guilty of a misdemeanor and * * * upon conviction, shall be fined One Hundred Dollars ($100.00).
The security officers employed by the Legislature shall have the authority and are directed to enforce the provisions of this section.
SECTION 12. Section 29-5-71, Mississippi Code of 1972, is amended as follows:
29-5-71. (1) The Department of Finance and Administration is * * * directed to erect suitable signs or markers to indicate the parking spaces reserved in conformity with Sections 29-5-57, 29-5-67(1), 29-5-75 and 29-5-77.
(2) The Legislature shall provide for the erection of suitable signs or markers to indicate the parking spaces reserved on the grounds of the New State Capitol.
(3) The * * * Department of Transportation is * * * directed to cooperate with the Department of Finance and Administration and the Legislature in the painting or marking of * * * parking spaces as * * * prescribed by the Department of Finance and Administration and the Legislature.
SECTION 13. Section 29-5-77, Mississippi Code of 1972, is amended as follows:
29-5-77. The * * * Department of Finance and Administration shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties set forth in Section 29-5-2 and the Court of Appeals Building. The department is authorized and directed through any person or persons appointed by the Department of Finance and Administration or through the Department of Public Safety when requested by the Department of Finance and Administration, to make arrests for any violation of any law of the State of Mississippi on such grounds of or within such properties. The Department of Finance and Administration is hereby empowered and directed to enforce the provisions of Sections 29-5-57, 29-5-67, 29-5-71, 29-5-75, 29-5-77, and 29-5-81 through 29-5-93, and to prescribe such rules and regulations as are necessary therefor.
When in the opinion of the Governor or, in his absence, the Lieutenant Governor, it is readily apparent that an emergency exists which the persons appointed by the Department of Finance and Administration are unable to control in the accomplishment of the provisions of Sections 29-5-57, 29-5-67, 29-5-71, 29-5-75, 29-5-77, and 29-5-81 through 29-5-93 in regard to law enforcement, then the Governor, or in his absence, the Lieutenant Governor, may call upon the Department of Public Safety, members of which shall have power to arrest and detain any persons violating the provisions of the aforesaid sections, until such person can be brought before the proper authorities for trial.
SECTION 14. Section 29-5-79, Mississippi Code of 1972, is amended as follows:
29-5-79. * * * The Speaker of the House of Representatives and the Lieutenant Governor may make such regulations as they may deem necessary for preserving the peace and securing the New State Capitol from defacement, and for the protection of the property therein. The Lieutenant Governor or the Speaker of the House of Representatives may request the assistance of the * * * Department of Public Safety in order to preserve the peace at the New State Capitol and secure the New State Capitol from defacement, and for the protection of the property therein.
* * *
SECTION 15. Section 29-5-81, Mississippi Code of 1972, is amended as follows:
29-5-81. (1) Grounds of public buildings over which the Department of Finance and Administration has jurisdiction shall comprise the following:
(a) In the City of Jackson, Mississippi:
* * *
Governor's Mansion: Bounded on the north by Amite Street, on the west by North West Street, on the south by Capitol Street and on the east by North Congress Street;
Woolfolk State Office Building: Bounded on the north by High Street, on the west by Lamar Street, on the south by Hamilton Street and on the east by North West Street;
Old State Capitol and War Veterans' Memorial Building Complex: Bounded on the north by Amite Street, on the west by North State Street and South State Street, on the south by Pearl Street and on the east by property of the Gulf, Mobile and Ohio Railroad Company;
Carroll Gartin Justice Building and Walter Sillers Office Building Complex: Bounded on the north by George Street, on the west by North West Street, on the south by High Street and on the east by North President Street;
Heber Ladner Building: Bounded on the north by Mississippi Street, on the west by North Congress Street, on the south by the property of Galloway Methodist Church used as a parking lot and on the east by the property on which the Mississippi Farm Bureau Federation Building stands;
State Board of Health Building: Bounded on the north by Stadium Drive, on the west by the property of Mississippi Hospital and Medical Service, on the southwest by property on which is located a Standard Oil service station, on the southeast by property leased by the Mississippi Federation of Women's Clubs and on the east by North State Street;
Robert E. Lee Building and other properties acquired in the same transaction: Particularly described in warranty deed executed and delivered on April 22, 1969, and filed for record in the Office of the Chancery Clerk of the First Judicial District of Hinds County, Mississippi, located in Jackson, Mississippi, on April 25, 1969, at 9:00 a.m., and recorded in deed book No. 1822, page 136, et seq.;
Charlotte Capers Building: Bounded on the north by the Old Capitol Building, on the west by South State Street, on the south by Pearl Street, and on the east by the Illinois Central Railroad tracks;
William F. Winter Archives and History Building: Bounded on the north by Mississippi Street; on the west by North Street, on the south by Amite Street, and on the east by Jefferson Street.
Mayfair Building: Bounded on the north by George Street, on the west by Northwest Street, on the south by Walter Sillers Office Building complex, and on the east by North President Street;
Court of Appeals Building: Bounded on the west by North State Street, on the north by George Street, on the east by North Street, and on the south by the building designated as 654 North State Street, including the parking area east of and adjacent to the 654 North State Street Building;
Central High Building;
101 Capitol Centre: Located at 101 West Capitol Street, Jackson, Mississippi.
(b) The Dr. Eldon Langston Bolton Building: Located in the City of Biloxi, Mississippi.
(c) The State Service Center: Located at the intersection of State Highway 49 and John Merl Tatum Industrial Drive in the City of Hattiesburg, Mississippi.
(2) The Legislature shall have jurisdiction over the New State Capitol, which is bounded on the north by High Street, on the west by North West Street, on the south by Mississippi Street, and on the east by North President Street.
SECTION 16. Section 29-5-83, Mississippi Code of 1972, is amended as follows:
29-5-83. Public travel in and occupancy of the grounds * * * described in Section 29-5-81 shall be restricted to the roads, walks and places prepared for that purpose by paving or otherwise. It is forbidden to occupy the roads, walks or places in such grounds in such manner as to obstruct or hinder their proper use.
SECTION 17. Section 29-5-85, Mississippi Code of 1972, is amended as follows:
29-5-85. It is forbidden to offer or expose any article for sale in or on the grounds described in Section 29-5-81, except as may be permitted by the Department of Finance and Administration or the Legislature, as the case may be; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein.
SECTION 18. Section 29-5-87, Mississippi Code of 1972, is amended as follows:
29-5-87. It is forbidden to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf in or on the grounds described in Section 29-5-81.
SECTION 19. Section 29-5-89, Mississippi Code of 1972, is amended as follows:
29-5-89. It is forbidden to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening or abusive language in or on the grounds described in Section 29-5-81.
SECTION 20. Section 29-5-91, Mississippi Code of 1972, is amended as follows:
29-5-91. It is forbidden to parade, stand, or move in processions or assemblages in or on the grounds described in Section 29-5-81, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement, except as * * * provided in Section 29-5-95.
SECTION 21. Section 29-5-95, Mississippi Code of 1972, is amended as follows:
29-5-95. On certain occasions of state interest, the Legislature may suspend so much of the prohibitions contained in Sections 29-5-83 through 29-5-91 as would prevent the use of the roads and walks of the Capitol grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses or ceremonies, provided that responsible officers shall have been appointed and arrangements determined which are adequate * * * for the maintenance of suitable order and decorum in the proceedings, and for guarding the properties and grounds from injury.
SECTION 22. Section 5-1-83, Mississippi Code of 1972, is amended as follows:
5-1-83. The Legislature may make such alterations and provide such furnishings for the post-office room as in its judgment may seem proper, to fit it for the convenience and necessary requirements of Sections 5-1-79 and 5-1-81.
SECTION 23. Section 31-11-27, Mississippi Code of 1972, is amended as follows:
31-11-27. (1) (a) The Department of Finance and Administration shall conduct a detailed study of the building and other capital needs at each state institution and at each junior college immediately prior to September first in each year. This study shall include, but shall not be limited to, the following matters: (i) an inventory of every state building and other capital facility which is the property of the State of Mississippi; (ii) the location, date of construction or acquisition, the purpose for which used, outstanding indebtedness against such facility, if any, and cost of repairs for the preceding fiscal year; (iii) an examination of the condition of the building or other facility; (iv) an estimate of the cost of repairs required to place the facility in good condition; (v) an estimate of the cost of major renovations, if contemplated; and (vi) a determination of the new building and other facility needs of each institution with such needs classified under immediate or long range requirements.
(b) All state agencies, departments and institutions are hereby authorized and directed to cooperate with the Department of Finance and Administration in carrying out the provisions of this section.
(c) The Department of Finance and Administration shall submit a detailed report to the Legislative Budget Office on or before September first of each year. Such report shall be in such detail and in such form as may be prescribed by the Legislative Budget Office.
(d) The architect or building inspector of the Department of Finance and Administration shall make a biennial inspection of the * * * Old Capitol, Woolfolk State Office Building, War Memorial Building, the Governor's Mansion, and all other buildings under jurisdiction of the Department of Finance and Administration for structural or other physical needs or defects of such buildings, and he shall further inquire of the department or its representatives regarding the condition of the buildings. He shall make a written report of his finding to the Department of Finance and Administration, Governor, Lieutenant Governor and Speaker of the House of Representatives. The report shall also make recommendations for repairs and list, by number, the priority which should be given to making necessary repairs.
(2) (a) In addition to any report required in subsection (1) of this section, the Department of Finance and Administration shall prepare and submit an annual report to the Legislative Budget Office, the House Public Buildings, Grounds and Lands Committee and the Senate Public Property Committee describing the proposed capital improvements projects for state agencies, departments and institutions for the upcoming five-year period. The Department of Finance and Administration shall not be required to include in the report any project costing less than One Million Dollars ($1,000,000.00). The department shall submit the report before September 1 of each year. The report shall include at least the following information:
(i) A prioritized list of the projects proposed for the five-year period, with each project ranked on the basis of need;
(ii) A prioritized list of the projects proposed for the next regular legislative session, with each project ranked on the basis of need;
(iii) A prioritized list of the projects requested by each state agency, department or institution;
(iv) A detailed explanation of criteria used by the Department of Finance and Administration to rank projects for purposes of any list it prepares under this paragraph (a);
(v) A detailed statement of justification for each project;
(vi) The approximate cost for each project, including, but not limited to, itemized estimates of costs for preplanning, constructing, furnishing and equipping a project, and costs for property acquisition;
(vii) The estimated beginning date and completion date for each project;
(viii) Whether a project, as proposed, is a complete project or a phase or part of a project;
(ix) How a project will affect the operating budget of the applicable agency, department or institution for the upcoming five-year period, regarding such items as additional personnel requirements, utility costs, maintenance costs, security costs, etc.;
(x) The proposed method of financing each project and the effect such financing will have on the state budget, including an estimate of any required debt service for the project, and an estimate of any federal funds or other funds that the agency, department or institution may have access to because of the project; and
(xi) A list of the projects requested by each agency, department or institution for the five-year period, with each project ranked by the appropriate agency, department or institution on the basis of need.
(b) To enable the Department of Finance and Administration to prepare the report required in this subsection (2), it may require all state agencies, departments and institutions to file a capital improvements projects request with such information and in such form and in such detail as the department may deem necessary and advisable. Such request shall be filed with the Department of Finance and Administration no later than August 1 of each year.
SECTION 24. This act shall take effect and be in force from and after July 1, 2003.