MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Polk
AN ACT TO BRING FORWARD SECTIONS 29-5-201, 29-5-203, 29-5-205, 29-5-207, 29-5-209, 29-5-211, 29-5-213, 29-5-215, 29-5-217 FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-5-201, Mississippi Code of 1972, is brought forward as follows:
29-5-201. As used in Sections 29-5-201 through 29-5-217:
(a) "District" means the Capitol Complex Improvement District.
(b) "Improvement projects" means the following types of projects in the public areas of the district:
(i) Street reconstruction, resurfacing and other repairs to roadways, curbs and gutters;
(ii) Bridge construction, reconstruction and repair;
(iii) Reconstructing and repairing of surface water drainage systems including street drains, ditches, culverts and other components of the system;
(iv) Installing and replacing street lighting;
(v) Installing and replacing traffic signals;
(vi) Installation of new water and sewer lines and rehabilitation of existing water and sewer lines serving the district, including those portions extending beyond the district boundary required to perform the work;
(vii) Reconstruction and repair of parks and public rights-of-way;
(viii) Reconstruction and repair of sidewalks along public streets;
(ix) Planting and replacing landscaping materials, trees, and site amenities within public parks and rights-of-way;
(x) Relocation underground of power and communication lines serving the district, including those portions extending beyond the district boundary required to perform the work; and
(xi) Infrastructure, public safety, and other improvements as determined necessary by the Executive Director of the Department of Finance and Administration.
SECTION 2. Section 29-5-203, Mississippi Code of 1972, is brought forward as follows:
29-5-203. There is created the Capitol Complex Improvement District to be composed of the following described area in the City of Jackson, Mississippi, that surrounds the State Capitol Building:
CAPITOL COMPLEX PROPOSED BOUNDARIES
Beginning at a point on the west bank of the Pearl River determined by extending the south curb line of High Street east until it meets the bank of the Pearl River;
Then north along the west bank of the Pearl River (extending along the southern boundary of LeFleur's Bluff State Park) until it reaches a point on such bank determined by extending the east curb line of Ridgewood Road south until it meets the bank of the Pearl River;
Then north along such line determined by extending the east curb line of Ridgewood Road and continuing along such curb line until it reaches the northern drainage ditch of Eastover Drive;
Then west along the northern drainage ditch and curb line of Eastover Drive until it reaches the western curb line of the west frontage road of I-55;
Then south along the west curb line of such frontage road until it reaches the northern curb line of Lakeland Drive;
Then west along the northern curb line of Lakeland Drive until it reaches the eastern curb line of Old Canton Road;
Then north along the east curb line of Old Canton Road until it reaches the northern curb line of Meadowbrook Road;
Then west along the north curb line of Meadowbrook Road to the west curb line of North State Street;
Then south along the west curb line of North State Street to the north curb line of Hartfield Street;
Then west along the north curb line of Hartfield Street to the west curb line of Oxford Avenue;
Then south on the west curb line of Oxford Avenue to the north curb line of Mitchell Avenue which becomes Stonewall Street;
Then west along the north curb line of Mitchell Street and then Stonewall Street until it reaches the west curb line of Livingston Road;
Then south along the west curb line of Livingston Road until it reaches the south curb line of Woodrow Wilson Drive;
Then east along the south curb line of Woodrow Wilson Drive to the west curb line of Bailey Avenue (which becomes Gallatin Street);
Then south along the west curb line of Bailey Avenue and then Gallatin Street until it reaches the north curb line of West Capitol Street;
Then west along the north curb line of West Capitol Street until it intersects with the north curb line of Robinson Road;
Then west on the north curb line of Robinson Road until it intersects with the west curb line of Prentiss Street;
Then south along the west curb line of Prentiss Street until it intersects with the north curb line of John R. Lynch Street on the west side of Jackson State University;
Then west on the north curb line of John R. Lynch Street until it reaches the west curb line of Valley Street;
Then south along the west curb line of Valley Street until it reaches the south curb line of Morehouse Street;
Then east along the south curb line of Morehouse Street until it reaches the west curb line of Dalton Street;
Then south along the west curb line of Dalton Street until it reaches the south curb line of Florence Avenue;
Then east along the south curb line of Florence Avenue until it reaches the east curb line of University Blvd. (Terry Road);
Then north and along the east curb line of University Blvd. until it reaches the south curb line of Hooker Street;
Then east along the south curb line of Hooker Street extending in a straight line to the railroad tracks;
Then north on the west side of such railroad tracks to the south curb line of South Street;
Then east on South Street to the east curb line of Jefferson Street and extend the south curb line of South Street in a straight line to the east to the western edge of I-55;
Then north along the western edge of I-55 until it reaches the south curb line of High Street;
Then east along the south curb line of High Street and extending such line to the Pearl River and the point of the beginning.
SECTION 3. Section 29-5-205, Mississippi Code of 1972, is brought forward as follows:
29-5-205. (1) The Executive Director of the Department of Finance and Administration or his or her designee shall implement, supervise and administer improvement projects paid for with funds from the Capitol Complex Improvement District Project Fund, and may accept funds and services from other sources to use for the purposes provided in Sections 29-5-201 through 29-5-217.
(2) Subject to the limitation on funds provided for in Section 29-5-215, the executive director may employ persons as he or she considers necessary for the proper implementation, supervision and administration of improvement projects funded, in whole or in part, by funds from the Capitol Complex Improvement District Project Fund.
(3) Subject to the limitation on funds provided for in Section 29-5-215, the Department of Finance and Administration shall be reimbursed from the Capitol Complex Improvement District Project Fund for the cost of providing necessary personnel, services and other expenses it incurs in performing its duties under Sections 29-5-201 through 29-5-217.
SECTION 4. Section 29-5-207, Mississippi Code of 1972, is brought forward as follows:
29-5-207. The Department of Finance and Administration shall make commercially reasonable efforts to place out for bid, such that Mississippi Contractors and Mississippi Disadvantaged Business Enterprises ("DBEs") shall have an equal opportunity to respond to such bid, any contract by the department which (a) is subject to tax pursuant to Section 27-65-21 (i.e., contracts for constructing, building, erecting, grading, excavating, etc.), and (b) will be paid, or payment thereunder by the department will be reimbursed, using any portion of the funds in the Capitol Complex Improvement District Project Fund created in Section 29-5-215. In carrying out such efforts, in order to increase the pool of qualified DBE bidders, the department will request that successful prime contract bidders include in their response a commitment to (a) participate in and/or host forums that highlight subcontract bidding opportunities for DBEs; and (b) work with various trade associations and the Mississippi Development Authority to promote increased participation from DBEs.
SECTION 5. Section 29-5-209, Mississippi Code of 1972, is brought forward as follows:
29-5-209. The Department of Finance and Administration shall develop and adopt a comprehensive plan for improvement projects in consultation with the Capitol Complex Improvement District Project Advisory Committee. Improvement projects shall be coordinated with the City of Jackson to the greatest extent possible. The plan shall attempt to incorporate the needs of the city, the Department of Finance and Administration, Jackson State University, the University of Mississippi Medical Center, the Mississippi Department of Archives and History, and the commission established by the City of Jackson pursuant to Section 27-65-241. Any plans developed by the Department of Finance and Administration shall not duplicate efforts undertaken by such commission. Improvement projects undertaken under Sections 29-5-201 through 29-5-217 shall comport with the plan and shall not be subject to approvals, permits or fees assessed by the City of Jackson. The plan may be updated at any time and shall be completely updated every five (5) years.
SECTION 6. Section 29-5-211, Mississippi Code of 1972, is brought forward as follows:
29-5-211. The Department of Finance and Administration shall post the comprehensive plan and any updates on their website as well as an annual status report of all projects funded under Sections 29-5-201 through 29-5-217.
SECTION 7. Section 29-5-213, Mississippi Code of 1972, is brought forward as follows:
29-5-213. (1) There is created the Capitol Complex Improvement District Project Advisory Committee composed of the following nine (9) members:
(a) The Mayor of the City of Jackson or his or her designee;
(b) One (1) member appointed by the City Council of the City of Jackson with an initial term of one (1) year and subsequent regular terms of four (4) years;
(c) Two (2) members appointed by the Governor, one (1) for an initial term of two (2) years and one (1) for an initial term of four (4) years, both with subsequent regular terms of four (4) years;
(d) One (1) member appointed by the Lieutenant Governor for an initial term of four (4) years and subsequent regular terms of four (4) years;
(e) One (1) member appointed by the Speaker of the House of Representatives for an initial term of two (2) years and subsequent regular terms of four (4) years;
(f) One (1) member appointed by the President of Jackson State University;
(g) One (1) member appointed by the Vice Chancellor for Health Affairs of University of Mississippi Medical Center; and
(h) The Director of the City of Jackson Department of Public Works or his or her designee. The member appointed under paragraph (b) of this subsection (1) shall be a resident of the City of Jackson in Hinds County.
(2) Members appointed to the committee shall not also serve as members of the commission established by the City of Jackson pursuant to Section 27-65-241. Appointed members shall serve without compensation at the will and pleasure of the appointing authority.
(3) The committee shall elect a chairman and such other officers as it considers necessary from among its members.
(4) A majority of the members of the committee shall constitute a quorum for the conduct of meetings and all actions of the committee shall be by a majority vote.
(5) The committee shall consult with the Department of Finance and Administration and advise the department in the development of comprehensive plans for improvement projects in the city and any changes to such plans.
(6) The committee shall meet, subject to call by the Executive Director of the Department of Finance and Administration, at least quarterly to conduct business.
SECTION 8. Section 29-5-215, Mississippi Code of 1972, is brought forward as follows:
29-5-215. (1) There is created in the State Treasury the Capitol Complex Improvement District Project Fund, into which shall be deposited the money specified in Section 27-65-75(1)(c) and such other money from whatever source derived.
(2) An amount not to exceed five percent (5%) of the amount deposited into the fund may be utilized to reimburse the Department of Finance and Administration for the cost of providing necessary personnel, services or other expenses it incurs in performing its duties under Sections 29-5-201 through 29-5-217.
(3) An amount not to exceed ten percent (10%) of the amount deposited into the fund may be utilized, in the discretion of the Executive Director of the Department of Finance and Administration, to compensate the City of Jackson for general police and fire protection provided by the city in the Capitol Complex Improvement District created in Section 29-5-203 and for police coverage for major events conducted within such district.
(4) An amount of not less than eighty-five percent (85%) of the amount deposited into the fund, which shall be designated as "improvement project funds," shall be utilized within the district for improvement projects in accordance with the comprehensive plan described in Section 29-5-209. In addition to fully funding improvement projects, money in the fund may be utilized to fund a portion of an improvement project in cases in which other funds are available for a project and may be used as leverage or matching funds for projects in the district that comport with the district's comprehensive plan.
(5) Money in the fund shall be expended upon appropriation by the Legislature. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund, and investment earnings on amounts in the fund shall be deposited to the credit of the fund.
(6) The Department of Finance and Administration, with the concurrence of the State Bond Commission, is authorized to incur debt, including notes or other evidences of indebtedness, for the purpose of paying the costs of implementing and administering the improvement projects outlined in the comprehensive plan established pursuant to Section 29-5-209. Any debt incurred to pay such costs may be secured by the sales tax revenue that is required to be deposited to the Capitol Complex Improvement District Project Fund under Section 27-65-75(1)(c). All notes or certificates of indebtedness issued for purposes of this subsection shall mature in approximately equal installments of principal and interest over a period not to exceed five (5) years from the date of issuance thereof. The maximum amount of debt that may be incurred by the Department of Finance and Administration under this subsection shall not exceed Seven Million Dollars ($7,000,000.00).
SECTION 9. Section 29-5-217, Mississippi Code of 1972, is brought forward as follows:
29-5-217. (1) The City of Jackson shall provide police coverage for major events conducted within the district.
(2) The City of Jackson shall maintain all infrastructure and completed improvement projects within the district.
SECTION 10. This act shall take effect and be in force from and after July 1, 2023.