MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Public Property
By: Representative Robinson (63rd), Weathersby, Stevens, Akins, Aldridge, Arinder, Bailey, Baker (74th), Baker (8th), Banks, Barnett, Beckett, Bentz, Blackmon, Bondurant, Bounds, Broomfield, Brown, Buck, Burnett, Calhoun, Capps, Carlton, Chism, Clark, Clarke, Coleman (29th), Coleman (65th), Compretta, Cummings, Davis, Dedeaux, Denny, Dickson, Eaton, Ellington, Ellis, Espy, Evans, Fillingane, Flaggs, Fleming, Formby, Franks, Fredericks, Frierson, Gadd, Gibbs, Green, Guice, Gunn, Hamilton (109th), Hamilton (6th), Harrison, Hines, Holland, Holloway, Horne, Howell, Huddleston, Hudson, Ishee, Janus, Jennings, Lott, Malone, Markham, Martinson, Masterson, Mayhall, Mayo, McBride, McCoy, Middleton, Miles, Mims, Moak, Montgomery, Moody, Moore, Morris, Moss, Myers, Nicholson, Parker, Patterson, Peranich, Perkins, Pierce, Read, Reed, Reeves, Reynolds, Robinson (84th), Rogers (14th), Rogers (61st), Rotenberry, Scott, Shows, Simpson, Smith (27th), Smith (39th), Smith (59th), Snowden, Staples, Straughter, Stringer, Sullivan, Taylor, Thomas, Turner, Upshaw, Vince, Ward, Warren, Watson, Wells-Smith, West, Whittington, Woods, Young, Zuber
AN ACT TO CHANGE THE NAME OF THE 301 LAMAR STREET BUILDING IN JACKSON, MISSISSIPPI, TO THE ROBERT G. CLARK, JR., BUILDING; TO AMEND SECTIONS 29-5-2, 29-5-81, 29-5-161 AND 29-17-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
WHEREAS, Robert G. Clark, Jr., former Speaker Pro Tempore of the Mississippi House of Representatives, completed nine consecutive terms as a member of the Mississippi House of Representatives from District 47, which includes Attala, Holmes and Yazoo Counties; and
WHEREAS, Mr. Clark, a native of Holmes County, Mississippi, began his journey of contribution to Mississippi by becoming a teacher, coach and principal in our state's school system, where he helped hundreds of youth; and
WHEREAS, in 1968, Mr. Clark began serving in the Mississippi House of Representatives, where he became known as a fair and honest leader; and
WHEREAS, during his tenure in the Legislature, Mr. Clark rose from freshman lawmaker to House Education Committee Chairman, where he led the House to pass many monumental educational acts, most notably the 1982 Education Reform Act, the 1984 Vocational Education Reform Act and the recent Education Enhancement Act; and
WHEREAS, Mr. Clark's legislative career culminated in 1992, when he was elected by his colleagues to the Office of Speaker Pro Tempore, the leadership post second only to the Speaker of the House in which he effectively served and was a role model to many; and
WHEREAS, as the Speaker Pro Tempore, Mr. Clark served as the Chairman of the House Management Committee, which oversees the vital internal business and personnel affairs of the House; and
WHEREAS, because of his long and distinguished career of public service to the people of Mississippi, and due to his outstanding work in the community, which is greatly valued by many, including the Mississippi National Association for the Advancement of Colored People (NAACP), we wish to express our appreciation to and respect for Robert G. Clark, Jr., by renaming the 301 Lamar Street Building in his honor; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The 301 Lamar Street Building in Jackson, Mississippi, shall be renamed the Robert G. Clark, Jr., Building.
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 New State Capitol Building, 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 Building, 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 Robert G. Clark, Jr., 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. However, the assignment of space in the New Capitol Building shall be designated by duly passed resolution of the combined Senate Rules Committee and the House Management Committee, meeting as a joint committee, approved by the Lieutenant Governor and Speaker of the House of Representatives. A majority vote of the members of the Senate Rules Committee and a majority vote of the members of the House Management Committee shall be required on all actions taken, resolutions or reports adopted, and all other matters considered by the full combined committee on occasions when the Senate Rules Committee and the House Management Committee shall meet as a full combined committee.
(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 29-5-81, Mississippi Code of 1972, is amended as follows:
29-5-81. 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:
New State Capitol: 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;
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;
Robert G. Clark, Jr., Building: Located at 301 North Lamar 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.
SECTION 4. Section 29-5-161, Mississippi Code of 1972, is amended as follows:
29-5-161. (1) As used in this section:
(a) "Smoke" or "smoking" means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product.
(b) "State office building" means the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, the Department of Transportation Building, the Robert E. Lee Office Building, the Robert G. Clark, Jr., Building, the State Board of Health Building, the Public Employees' Retirement System Building, the Central High Building, the Court of Appeals Building, the War Veterans' Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Burroughs Building, the Mayfair Building, 101 Capitol Centre and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state. If only part of a facility is leased by the state or an agency, department or institution of the state, only the leased part of the facility will be considered to be a state office building for the purposes of this definition.
(c) "Designated smoking area" means any area or areas specifically designated, by the person, agency or entity having jurisdiction or supervision over a state office building, for the act of smoking, and shall be limited to one or more of the following areas:
(i) Enclosed private offices;
(ii) Designated employee break areas; and
(iii) Designated outdoor areas on the property.
(2) No person shall smoke in any state office building except as provided in this section.
(3) The person, agency or entity having jurisdiction or supervision over a state office building shall:
(a) Designate the areas in the building that will be designated smoking areas;
(b) Conspicuously display signs that designate both smoking and nonsmoking areas, except that signs are not required in private offices; and
(c) Make every reasonable effort to prevent designated smoking areas from impinging upon nonsmoking areas by the use of existing physical barriers and ventilation systems. However, the Mississippi Department of Archives and History shall not be required to designate smoking areas in any building under its jurisdiction.
(4) The person, agency or entity having jurisdiction or supervision over a state office building shall not allow smoking in the state office building, except in designated smoking areas, and shall use reasonable efforts to prevent smoking in the state office building, except in designated smoking areas, including, but not limited to, the following:
(a) Posting appropriate signs informing state employees, invitees, guests and other persons that smoking is prohibited in the state office building, except in designated smoking areas.
(b) Securing the removal of persons who smoke in the state office building, except in designated smoking areas.
(5) This section expressly preempts to the state the regulation of smoking in state office buildings and supersedes any municipal or county ordinance on the subject.
SECTION 5. Section 29-17-1, Mississippi Code of 1972, is amended as follows:
29-17-1. As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Public facility" shall mean any building or other facility owned by the State of Mississippi, or by any agency, department or political subdivision of the State of Mississippi, which is occupied, used or under the control of the State of Mississippi, or any agency or department of the State of Mississippi, or any junior college district of the State of Mississippi, or the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi, or any institution under the jurisdiction of the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi.
(b) "Capitol complex" shall include the following state property located in Jackson, Mississippi: the New State Capitol Building, 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 Building, the Governor's Mansion, the Heber Ladner Building, the Burroughs Building, the Robert E. Lee Hotel Property, the Central High Legislative Services Building, the Robert G. Clark, Jr., Building or any other properties which may come under the supervision of the Department of Finance and Administration and are deemed to be in the Capitol Complex.
SECTION 6. This act shall take effect and be in force from and after its passage.