Senate Bill 2203

(As Sent to Governor)

AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH TO SURVEY, PARTITION, TRANSFER AND CONVEY ALL OF THE RIGHTS, TITLE AND INTEREST IN THE 3,207 ACRES OF CERTAIN REAL PROPERTY LOCATED IN RANKIN COUNTY, MISSISSIPPI, ACQUIRED BY THE STATE OF MISSISSIPPI IN 1894 TO THE STATE AGENCIES CURRENTLY SITUATED AND OPERATING ON SAID PROPERTY; TO IDENTIFY THE EXISTING STATE AGENCIES AND INSTITUTIONS TO BE ASSIGNED PARCELS OF THE SAID PROPERTY; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO DEFINE AND ASSIGN PARCELS OF SAID PROPERTY TO THE MISSISSIPPI STATE VETERANS AFFAIRS BOARD FOR THE ESTABLISHMENT AND OPERATION OF A NEW VETERANS NURSING HOME IN RANKIN COUNTY; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO DEFINE AND ASSIGN PARCELS OF SAID PROPERTY TO THE MISSISSIPPI STATE DEPARTMENT OF HEALTH FOR THE ESTABLISHMENT AND OPERATION OF A NEW COUNTER-MEASURE WAREHOUSE IN RANKIN COUNTY; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO DEFINE SEWER EASEMENTS ON SAID PROPERTY TO BE ASSIGNED TO THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH FOR CONTINUED OPERATION; TO PROVIDE THAT THE BALANCE OF ANY UNASSIGNED PROPERTY SHALL BE UNDER THE MANAGEMENT AND CONTROL OF THE MISSISSIPPI DEPARTMENT OF FINANCE AND ADMINISTRATION UNTIL SUCH TIME AS SAID PROPERTY IS REQUIRED FOR FUTURE BUILDINGS OR FACILITIES OF THE STATE OF MISSISSIPPI; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH TO ASSESS EACH STATE AGENCY UTILIZING SAID PROPERTY AN AMOUNT PROPORTIONATE TO THE USE OF WATER/SEWER COSTS PAID TO THE WEST RANKIN COUNTY UTILITY DISTRICT; TO AMEND SECTIONS 35-1-19, 35-1-21, 35-1-23, 35-1-25 AND 35-1-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI VETERANS AFFAIRS BOARD TO ESTABLISH, OPERATE, MAINTAIN, RECEIVE FUNDS FOR, EMPLOYEE PERSONNEL AND SET ADMISSION STANDARDS FOR THE NEW VETERANS NURSING HOME IN RANKIN COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Department of Finance and Administration, acting on behalf of the Mississippi Department of Mental Health, is hereby authorized to survey, partition, transfer and convey all of the rights, title and interest in the three thousand two hundred seven (3,207) acres of certain real property located in Rankin County, Mississippi, acquired by the State of Mississippi in 1894 and more particularly described in the land records of the Office of Rankin County Chancery Clerk in Book 46 Page 38 and Book 46 Page 39, to (a) the state agencies and institutions currently situated and operating programs on said property; (b) the Mississippi Veterans Affairs Board for the establishment of a Veterans Nursing Home in Rankin County; and (c) the Mississippi State Department of Health for the establishment of a Counter—Measure Warehouse in Rankin County, as specifically provided in this section.

(2) In order to implement said transfers, upon completing a field survey, the Department of Finance and Administration is authorized to define and assign individual parcels of property for stage agencies/institutions who currently have and operate programs at buildings on this property with deeds to be titled "State of Mississippi for the Benefit and Use of __________."

The existing state agencies/institutions to be assigned parcels of property include the following:

(a) The Mississippi Department of Mental Health (State Hospital and Hudspeth facility);

(b) The State Fire Academy;

(d) The Mississippi Department of Transportation;

(e) The Mississippi Forestry Commission;

(f) The Mississippi Department of Public Safety, including the Mississippi Law Enforcement Officers' Training Academy (MLEOTA), Highway Patrol Substation, Department Headquarters, and the Mississippi Crime Lab;

(g) The Mississippi Department of Education;

(h) The Mississippi Emergency Management Agency;

(i) The Department of Finance and Administration Office of Surplus Property;

(j) The Mississippi Department of Corrections correctional facility;

(k) The Mississippi State University Veterinary Laboratory; and

(l) The Poultry Research and Diagnostic Laboratory in the Mississippi State University College of Veterinary Medicine.

(3) Upon completing a field survey, the Department of Finance and Administration is authorized to define and assign the proposed site on said property for the new Veterans Nursing Home located in Rankin County to the northwest of Mississippi State Hospital east of State Highway 475 and west of the lake, to the Mississippi Veterans Affairs Board for the establishment, operation, maintenance and control of the said Veterans Nursing Home.

(4) Upon completing a field survey, the Department of Finance and Administration is authorized to define and assign the proposed site on said property for a Counter-Measure Warehouse located southwest of the Office of Surplus Property, to the Mississippi State Department of Health, for the establishment, operation, maintenance and control of said warehouse.

(5) Upon completing the field survey, the Department of Finance and Administration is authorized to define the sewer easements and facilitate the installation of flow meters into the sewer lines to be assigned to the Mississippi Department of Mental Health and the said Department of Mental Health is authorized to assess each agency or institution an amount proportionate to its use of sewer costs that the department pays to the West Rankin Utility District, on a continuing basis as determined by the flow meters installed within each agency's assigned sewer line.

(6) The balance of any unassigned property on said parcel shall be under the maintenance and control of the Mississippi Department of Finance and Administration until such time as it may be required for use to construct buildings or facilities as may be authorized by law, at which time the Department of Finance and Administration shall be authorized to define and assign parcels for such purpose. The Department of Mental Health shall have the right to execute leases on all remaining unassigned property solely for timber planting and harvesting purposes, and for which the department shall receive the proceeds from the sell of any timber harvested from the unassigned property, the funds from which shall be deposited to the State Treasury specifically for the department.

(7) The State of Mississippi shall retain all mineral rights in the parcels of property assigned to state agencies and institutions under this section.

SECTION 2. Section 35-1-19, Mississippi Code of 1972, is amended as follows:

35-1-19. There is hereby authorized to be established by the State Veterans Affairs Board, the Mississippi State Veterans Home on a site to be determined by the State Veterans Affairs Board, with the approval of the Bureau of Building, Grounds and Real Property Management of the Governor's Office of General Services, when funds are made available for such purpose by any agency of the federal government or other sources. The object and purpose of the establishment of the Mississippi State Veterans Home shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi.

One or more additional veterans homes or domiciliaries are hereby authorized to be established by the State Veterans Affairs Board on sites in northern, central or southern Mississippi, to be determined by the State Veterans Affairs Board, with the approval of the Department of Finance and Administration, when funds are made available for such purpose by any agency of the federal government or other sources. The Veterans Affairs Board shall give the three (3) regions, northern, southern and central priority as to where the veterans home shall be located, with the northern region having first priority, the southern region having the next level priority and the central region being third in order of priority. The Veterans Affairs Board shall establish and operate the veterans home in Rankin County under the provisions of this act. The object and purpose of the establishment of such additional homes or domiciliaries shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi. The State Veterans Affairs Board shall not be required to obtain certificates of need to carry out the intent and purpose of this section.

SECTION 3. Section 35-1-21, Mississippi Code of 1972, is amended as follows:

35-1-21. (1) Upon the establishment of the Mississippi State Veterans Home, and any additional homes as may be established, including the State Veterans Home in Rankin County under the provisions of this act, the Mississippi State Veterans Affairs Board is hereby designated as the governing authority of any such facilities. The operation and maintenance of all veterans homes shall meet the standards of the United States Department of Veterans Affairs with regard to the operation of state veterans homes.

(2) The State Veterans Affairs Board may contract with nongovernmental entities or the United States Department of Veterans Affairs to operate and provide services to state veterans homes. The board may contract with the vendor whose proposal is most advantageous to the state and veterans, taking into consideration cost factors, program suitability factors, management plan, delivery of care and service to residents, excellence of program design, key personnel, corporate or company resources, financial condition of the vendor, corporate experience and past performance, and any other requirements deemed necessary by the board and expressed in its solicitation for proposals. Contract(s) awarded under this section may be for periods exceeding one (1) year. The board is not required to select the vendor offering the lowest cost proposal, but shall select the vendor who, in the board's discretion, offers the proposal most advantageous to the State of Mississippi and veterans. When any contract is awarded, the reason(s) for the awarding of the contract shall be entered on the minutes of the board. The provisions of this paragraph shall supersede any rule or regulation of the Public Procurement Review Board to the contrary.

(3) The State Veterans Affairs Board may, as permitted by federal laws or regulations, purchase from the United States Department of Veterans Affairs, from contracts established by the United States Department of Veterans Affairs, or through other sharing agreements between the board and the United States Department of Veterans Affairs, services, commodities, supplies and equipment for use in operation of, and provision of care to residents of, the state veterans homes when such purchases or agreements are advantageous to the veterans and the state.

(4) The State Veterans Affairs Board may operate and maintain the state veterans homes without entering into any contract for management purposes with any nongovernmental entity or the United States Department of Veterans Affairs to operate the homes. In such instances, the State Veterans Affairs Board shall be solely responsible for the operation and maintenance of the state veterans homes and shall hire the administrators and all other personnel for the veterans homes. The mission of the State Veterans Affairs Board in managing the state veterans homes shall be to provide domiciliary care and other related services for eligible veterans in the most cost efficient manner.

(5) The State Department of Health shall perform an initial certification survey of the State Veterans Home in Collins, Mississippi, on or about July 1, 2000. The purpose of this initial survey is to provide a baseline for measuring the quality of care during the period for which this section applies. In addition to the initial certification survey, the State Department of Health shall, as appropriate and in its discretion, conduct periodic follow-up certification surveys, during the period for which this section applies, of the State Veterans Home in Collins, Mississippi.

SECTION 4. Section 35-1-23, Mississippi Code of 1972, is amended as follows:

35-1-23. The Mississippi State Veterans Home and additional homes authorized by Section 35-1-7 and Sections 35-1-19 to 35-1-29, including the State Veterans Home in Rankin County under the provisions of this act, are authorized to accept funds from any source whatever, including the federal government or any department or agency thereof. All such funds received by the veterans home including funds from the United States or any federal agency or program for the support of persons housed or buried on the grounds of the Mississippi State Veterans Home and additional homes shall be used by the State Veterans Affairs Board to pay maintenance, operational and administrative expenses and to further the object and purpose of the Mississippi State Veterans Home and additional homes.

SECTION 5. Section 35-1-25, Mississippi Code of 1972, is amended as follows:

35-1-25. It shall be the duty of the Mississippi State Veterans Affairs Board to determine the need and, within available funds for such purpose, to provide adequate staffing to operate the Mississippi State Veterans Home and such additional homes as may be constructed, including the State Veterans Home in Rankin County under the provisions of this act. The board is authorized, within available funds for such purpose, to purchase such equipment as necessary to facilitate the establishment and operation of the veterans homes.

SECTION 6. Section 35-1-27, Mississippi Code of 1972, is amended as follows:

35-1-27. The Mississippi Veterans Affairs Board shall determine and set conditions and standards for admission and dismissal of all persons to and from the Mississippi State Veterans Home and such additional homes as may be constructed, including the State Veterans Home in Rankin County under the provisions of this act. In addition, the board shall promulgate such rules and regulations as it deems necessary for the government of the Mississippi State Veterans Home and such additional homes as may be constructed. Such rules and regulations shall include the establishment of rates for patient care within the patient's ability to pay. All funds paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes shall be considered to be special funds held in a fiduciary capacity for the benefit of the residents of the state veterans homes.

SECTION 7. This act shall take effect and be in force from and after July 1, 2023.