SB 2518 — Universities and colleges; increase certain college renovation funds and require IHL board to develop PPP policies.

Universities and Colleges COMMITTEE SUBSTITUTE FOR SENATE BILL NO.

2518 (As Sent to Governor) AN ACT TO AUTHORIZEREQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING,LEARNING ACTING ON BEHALF OF A PUBLIC INSTITUTION OF HIGHER LEARNING, TO ENTERDEVELOP INTOPOLICIES, LEASESPROCEDURES AND SUBLEASESRECOMMENDED OFLEGISLATIVE PROPERTYCHANGES LOCATED THEREON FOR THE PURPOSE OF ENTERINGPROMOTING INTOAND PUBLICCOMPLETING PROPERTY LOCATED THEREON FOR THE PURPOSE OF ENTERING INTO PUBLIC-PRIVATE PARTNERSHIPSPARTNERSHIPS; TO DEVELOP STUDENT HOUSING AND OTHER FACILITIES TO BENEFIT THE UNIVERSITY;

TO PROVIDEAMEND THATSECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO INCREASE THE TERMAMOUNT OF SUCHAVAILABLE LEASESBOND SHALLFUNDS NOTTHAT EXCEEDDFA 45IS YEARSAUTHORIZED ANDTO TWOTRANSFER ADDITIONALTO OPTIONSEACH COMMUNITY COLLEGE REQUESTING TO BE EXEMPT FROM DFA CONTROL AND SUPERVISION FOR AREPAIR, RENEWALRENOVATION PERIODAND NOTIMPROVEMENT TOOF EXCEEDEXISTING FIVEFACILITIES YEARS;OWNED BY THE COMMUNITY COLLEGES UP TO $3,000,000.00;

TO PROVIDE THAT LEASES OR SUBLEASES ENTERED INTO BY THE BOARD SHALL BE PROTECTED FROM ACTIONS OF SUCCESSOR BOARDS BASED ON THE BINDING SUCCESSOR DOCTRINE;

(1)On Theor before October 1, 2025, the Board of Trustees of State Institutions of Higher Learning, acting on behalf of a public institutioninstitutions of higher learning, isshall authorizeddevelop and report to enterthe intoLegislature apolicies, long-termprocedures leaseand a list of allrecommended orlegislative anychanges portionfor the purpose of certainpromoting realand propertycompleting underpublic-private itspartnerships controlbetween institutions of higher learning and possession.private entities for long-term leases.

SuchThese propertyleases shall beinclude leasedprojects for a period not to exceed a term of forty-five (45) years with two (2) additional options for renewal periods not to exceed ten (10) years and one (1) additional option for a renewal period not to exceed five (5) years, for the purposes of developing buildings, housing, parking garage facilities, dining halls and/or other retail developments,spaces. S.

S.

2518 *SS26/R276CS**SS08/R276SG* ~ OFFICIAL ~ G1/2 25/SS26/R276CS25/SS08/R276SG PAGE 1 and/orSECTION other2. spaces for the benefit of the institution of higher learning.

(2)Section The31-11-3, leaseMississippi andCode any amendments to the lease of all1972, oris anyamended portionas offollows: the real property authorized for lease under subsection (1) of this section shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning.

The31-11-3. approved lease and any amendments to the lease shall not be cancelled by successor boards based on the binding successor doctrine.

SECTION(1) 2.The Department of Finance and Administration, for the purposes of carrying out the provisions of this chapter, in addition to all other rights and powers granted by law, shall have full power and authority to employ and compensate architects or other employees necessary for the purpose of making inspections, preparing plans and specifications, supervising the erection of any buildings, and making any repairs or additions as may be determined by the Department of Finance and Administration to be necessary, pursuant to the rules and regulations of the State Personnel Board.

(1) The Boarddepartment ofshall Trusteeshave ofentire Statecontrol Institutionsand ofsupervision Higherof, Learning,and actingdetermine onwhat, behalfif ofany, abuildings, publicadditions, institutionrepairs, ofdemolitions higheror learning,improvements isare authorized to enterbe intomade a long-term sublease which is under itsthe controlprovisions and possession for a period not to exceed a term of forty-fivethis (45)chapter, yearssubject with two (2) additional options for renewal periods not to exceedthe tenregulations (10)adopted yearsby andthe onePublic (1)Procurement additionalReview optionBoard. for a renewal period not to exceed five (5) years.

(2) The subleasedepartment andshall anyhave amendmentsfull power to theerect subleasebuildings, ofmake allrepairs, additions or anyimprovements, portiondemolitions, ofto thegrant realor propertyacquire shalleasements beor subjectrights-of-way, and to thebuy approvalmaterials, supplies and equipment for any of the Boardinstitutions ofor Trusteesdepartments of Statethe Institutionsstate ofsubject Higherto Learning.the regulations adopted by the Public Procurement Review Board.

TheIn approvedaddition subleaseto andother anypowers amendmentsconferred, to the subleasedepartment shall nothave befull cancelledpower byand successorauthority, boardsas baseddirected onby the bindingLegislature, successoror doctrine.when funds have been appropriated for its use for these purposes, to:

SECTIONS. 3.

If all or any portion of such property is leased, the institution, with the approval of the Board of Trustees of S.

2518 *SS26/R276CS**SS08/R276SG* ~ OFFICIAL ~ 25/SS26/R276CS25/SS08/R276SG PAGE 2 State(a) InstitutionsBuild of Higher Learning, is authorized to negotiate all aspects of any lease or sublease and any terms and ancillary agreements pertaining to any lease or sublease as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fairstate andoffice equitablebuilding; return to the state.

SECTION(b) 4.Build suitable plants or buildings for the use and housing of any state schools or institutions, including the building of plants or buildings for new state schools or institutions, as provided for by the Legislature;

(1)(c) AllProvide proceedsstate derivedaid or received from the agreements and leases entered into under Sections 1 and 2 of this act shall be deposited into a special fund and expended only for the useconstruction and benefit of theschool publicbuildings; institution of higher learning.

(2)(d) AtPromote and develop the endtraining of thereturned leaseveterans termof providedthe United States in thisall act,sorts of educational and vocational learning to be supplied by the propertyproper leasededucational underinstitution of the authorityState providedof hereinMississippi, and allin improvementsso doing allocate monies appropriated to suchit propertyfor shallthese revertpurposes to the institution.Governor for use by him in setting up, maintaining and operating an office and employing a state director of on-the-job training for veterans and the personnel necessary in carrying out Public Law No.

(3)346 The State of Mississippi shall retain all mineral rights to the realUnited propertyStates; leased under Section 1 of this act.

(4)(e) TheBuild Department of Finance and Administrationequip isa authorizedhospital toand correctadministration anybuilding discrepanciesat in the propertyMississippi describedState inPenitentiary; Section 1 of this act.

SECTION(f) 5.Build and equip additional buildings and wards at the Boswell Retardation Center;

This(g) actConstruct shalla takesewage effectdisposal and betreatment inplant forceat fromthe Mississippi State Hospital, and afterin itsso passage,doing acquire additional land as may be necessary, and shallto standexercise repealedthe right of eminent domain in the dayacquisition beforeof itsthis passage.land;

2518 *SS26/R276CS**SS08/R276SG* ~ OFFICIAL ~ 25/SS26/R276CS25/SS08/R276SG ST:PAGE 3 (h) Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;

Public-private(i) partnerships;Build and equip suitable facilities for a training and employing center for the blind;

allow(j) IHLBuild PAGEand 3equip boarda togymnasium leaseat onColumbia behalfTraining ofSchool; public institutions of higher learning.

(k) Approve or disapprove the expenditure of any money appropriated by the Legislature when authorized by the bill making the appropriation;

(l) Expend monies appropriated to it in paying the state's part of the cost of any street paving;

(m) Sell and convey state lands when authorized by the Legislature, cause said lands to be properly surveyed and platted, execute all deeds or other legal instruments, and do any and all other things required to effectively carry out the purpose and intent of the Legislature.

Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;

(n) Collect and receive from educational institutions of the State of Mississippi monies required to be paid by these institutions to the state in carrying out any veterans' educational programs;

(o) Purchase lands for building sites, or as additions to building sites, for the erection of buildings and other S.

B.

No.

2518 *SS08/R276SG* ~ OFFICIAL ~ 25/SS08/R276SG PAGE 4 facilities which the department is authorized to erect, and demolish and dispose of old buildings, when necessary for the proper construction of new buildings.

Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;

(p) Obtain business property insurance with a deductible of not less than One Hundred Thousand Dollars ($100,000.00) on state-owned buildings under the management and control of the department;

* * * (q) In consultation with and approval by the Chairmen of the Public Property Committees of the Senate and the House of Representatives, enter into contracts for the purpose of providing parking spaces for state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building * * *;

and (r) The department is hereby authorized to transfer up to * * * Three Million Dollars ($3,000,000.00) of available bond funds to each community college requesting to be exempt from department control and supervision relating to the repair, renovation and improvement of existing facilities owned by the community colleges, including utility infrastructure projects;