MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Property
By: Representatives Weathersby, Dixon
AN ACT TO AMEND SECTIONS 29-5-2, 29-5-81 AND 29-5-161, MISSISSIPPI CODE OF 1972, TO CLARIFY AND UPDATE THE INVENTORY OF STATE REAL PROPERTIES OVER WHICH THE DEPARTMENT OF FINANCE AND ADMINISTRATION HAS AUTHORITY, GENERAL SUPERVISION AND OVERSIGHT; TO REMOVE THE AUTHORITY PROVIDED TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ENTER INTO A LEASE OR RENTAL AGREEMENT WITH A PRIVATE ENTITY PROVIDING HEALTHCARE AND WELLNESS SERVICES TO STATE EMPLOYEES FOR USE OF CERTAIN SPACE WITHIN THE ROBERT G. CLARK, JR., BUILDING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 and Parking Garage, the Carroll
Gartin Justice Building, the Walter Sillers Office Building and Parking
Garage, the War Veterans' Memorial Building, the Charlotte Capers Building,
the William F. Winter Archives and History Building, * * * the
Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot (GM&O
Depot), the Old State Capitol Building, the Governor's Mansion, the Heber
Ladner Building, * * * the Robert E. Lee Office Building, the Robert E.
Lee Parking Garage, * * * the former
Naval Reserve Center, 515 East Amite Street, 620 North Street, 660 North
Street, 700 North State Street, the State Records Center, the Robert G.
Clark, Jr. Building, the Mississippi State Fairgrounds Complex, * * * the Robert E. Lee * * * Office Building and Parking Garage,
the former Central High Building, * * * as well as all state-owned or
leased buildings situated on seat of government property.
(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 U.S. Highway 49 and John Merl Tatum Industrial Drive in Hattiesburg, Mississippi.
(iv) To exercise general supervision and care over and keep in good condition any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board, including, but not limited to:
1. The National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;
2. The Mississippi Sports Hall of Fame;
3. The Mississippi Crafts Center;
4. The Mississippi Children's Museum; and
5. The Mississippi Arts and Entertainment Center.
(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, including space necessary for parking to be used by state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building. In no event shall any employee, officer, department, federally funded agency or bureau of the state be authorized to enter into 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.
(e) [Repealed]
SECTION 2. 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:
(i) * * *
The grounds
surrounding all state buildings identified in Section 29-5-2(a)(i) and all seat
of government property;
( * * *ii) State Board of Health * * *
Complex: Bounded
on the north by Stadium Drive, on the west by the property of Mississippi
Hospital and Medical Service, * * * on the south by Woodrow Wilson
Avenue, on the southeast by property leased by the Mississippi Federation
of Women's Clubs and on the east by North State Street;
* * *
( * * *iii) The Barefield Property, the Sun-n-Sand
Property and any other property described in Section 1 of Chapter 542, Laws of
2009;
( * * *iv) The Mississippi State
Fairgrounds Complex, including, but not limited to, the Mississippi Coliseum,
Trademart, Kirk Fordice Equine Center, Mississippi Street Armory, and all
arenas, barns, buildings, campgrounds and property whatsoever; such property
being bounded on the north by High Street, on the west by Jefferson Street, on
the east by Greymont Street, and on the south by Greymont Street.
(b) The grounds of Dr. Eldon Langston Bolton Building: Located in the City of Biloxi, Mississippi.
(c) The grounds of State Service Center: Located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in the City of Hattiesburg, Mississippi.
(d) Any grounds of any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board, including, but not limited to:
1. The grounds of the National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;
2. The grounds of the Mississippi Sports Hall of Fame;
3. The grounds of the Mississippi Crafts Center;
4. The grounds of the Mississippi Children's Museum; and
5. The grounds of the Mississippi Arts and Entertainment Center.
SECTION 3. 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.
(b) "Government
building" means * * * all state buildings
identified in Section 29-5-2(a)(i) through (iv), * * * the
Public Employees' Retirement System Building * * * 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; any building owned, rented, leased, occupied or operated by the
state, including the legislative, executive and judicial branches of state
government; any county, municipality or any other political subdivision of the
state; any public authority, commission, agency or public benefit corporation;
or any other separate corporate instrumentality or unit of state or local
government. If only part of a facility is leased by the state or an agency,
department or institution of the state, or any county, municipality or other
political subdivision of the state, only the leased part of the facility will
be considered to be a government building for the purposes of this definition.
The term "government building" shall not include any building owned
or leased by the state institutions of higher learning or the public community
and junior colleges or any space in a government building used by law
enforcement officers.
(c) "University or college classroom building" means any building used by the state institutions of higher learning or the public community and junior colleges exclusively for student instructional purposes. The term includes classrooms, auditoriums, theaters, laboratories, hallways and restrooms. Smoking policies applicable in the private offices of faculty and staff and other "smoking permitted" space may be determined by each academic and administrative department.
(2) No person shall smoke in any government building, except as follows: The State Veterans Affairs Board may designate smoking areas in the state veterans homes operated by the board in which smoking will be permitted.
(3) No person shall smoke in any university or college classroom building.
(4) The person, agency or entity having jurisdiction or supervision over a government building or university/college classroom building shall not allow smoking in the government or university/college classroom building, except in designated smoking areas as authorized in subsection (2) of this section, and shall use reasonable efforts to prevent smoking in such building, including, but not limited to, the following:
(a) Posting appropriate signs informing employees, invitees, guests and other persons that smoking is prohibited in the building.
(b) Securing the removal of persons who smoke in the building.
SECTION 4. This act shall take effect and be in force from and after its passage.