Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIAdopted LEGISLATUREAMENDMENT REGULARNO SESSION1 2025PROPOSED By:TO Senate Bill No.
Senator(s)2518 DeLanoBY: To:
UniversitiesRepresentative andScoggin CollegesAMEND COMMITTEEby SUBSTITUTEstriking FORlines SENATE66 BILLthrough NO.68 and inserting in lieu thereof the following:
2518"SECTION AN5. ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, ACTING ON BEHALF OF A PUBLIC INSTITUTION OF HIGHER LEARNING, TO ENTER INTO LEASES AND SUBLEASES OF PROPERTY LOCATED THEREON FOR THE PURPOSE OF ENTERING INTO PUBLIC PROPERTY LOCATED THEREON FOR THE PURPOSE OF ENTERING INTO PUBLIC-PRIVATE PARTNERSHIPS TO DEVELOP STUDENT HOUSING AND OTHER FACILITIES TO BENEFIT THE UNIVERSITY;
TOSection PROVIDE31-11-3, THATMississippi THECode TERMof OF1972, SUCHis LEASESamended SHALLas NOTfollows: EXCEED 45 YEARS AND TWO ADDITIONAL OPTIONS FOR A RENEWAL PERIOD NOT TO EXCEED FIVE YEARS;
TO31-11-3. PROVIDE THAT LEASES OR SUBLEASES ENTERED INTO BY THE BOARD SHALL BE PROTECTED FROM ACTIONS OF SUCCESSOR BOARDS BASED ON THE BINDING SUCCESSOR DOCTRINE;
AND(1) FORThe RELATEDDepartment PURPOSES.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 25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)1 State Personnel Board.
BEThe ITdepartment ENACTEDshall BYhave THEentire LEGISLATUREcontrol OFand THEsupervision STATEof, OFand MISSISSIPPI:determine what, if any, buildings, additions, repairs, demolitions or improvements are to be made under the provisions of this chapter, subject to the regulations adopted by the Public Procurement Review Board.
SECTION(2) 1.The department shall have full power to erect buildings, make repairs, additions or improvements, demolitions, to grant or acquire easements or rights-of-way, and to buy materials, supplies and equipment for any of the institutions or departments of the state subject to the regulations adopted by the Public Procurement Review Board.
(1)In Theaddition Boardto ofother Trusteespowers ofconferred, Statethe Institutionsdepartment ofshall Higherhave Learning,full actingpower onand behalfauthority, ofas adirected publicby institutionthe ofLegislature, higher learning, is authorized to enter into a long-term lease of all or anywhen portionfunds ofhave certainbeen realappropriated propertyfor under its controluse andfor possession.these purposes, to:
Such(a) propertyBuild shall be leased for a periodstate notoffice tobuilding; 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, S.
B.(b) 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;
No.(c) Provide state aid for the construction of school buildings;
2518(d) *SS26/R276CS*Promote ~and OFFICIALdevelop ~the G1/2training 25/SS26/R276CSof PAGEreturned 1veterans and/orof otherthe spacesUnited forStates thein benefitall sorts of educational and vocational learning to be supplied by the proper educational institution of higherthe learning.State of Mississippi, and in so doing allocate 25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)2 monies appropriated to it for these purposes to the 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.
(2)346 The lease and any amendments to the lease of all or any portion of the realUnited propertyStates; 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.
The(e) approvedBuild lease and anyequip amendmentsa tohospital theand leaseadministration shallbuilding notat be cancelled by successor boards based on the bindingMississippi successorState doctrine.Penitentiary;
SECTION(f) 2.Build and equip additional buildings and wards at the Boswell Retardation Center;
(1)(g) TheConstruct Board of Trustees of State Institutions of Higher Learning, acting on behalf of a publicsewage institutiondisposal ofand highertreatment learning,plant isat authorizedthe toMississippi enterState intoHospital, a long-term sublease which is under its control and possessionin forso adoing periodacquire not to exceed a term of forty-five (45) years with two (2) additional optionsland foras renewalmay periodsbe notnecessary, to exceed ten (10) years and oneto (1)exercise additionalthe optionright forof aeminent renewaldomain periodin notthe toacquisition exceedof fivethis (5)land; years.
(2)(h) TheBuild sublease and anyequip amendmentsthe toMississippi thecentral subleasemarket ofand allpurchase or anyacquire portionby ofeminent thedomain, realif propertynecessary, shallany belands subjectneeded tofor thethis approvalpurpose; of the Board of Trustees of State Institutions of Higher Learning.
The(i) approvedBuild sublease and anyequip amendmentssuitable tofacilities thefor subleasea shalltraining notand beemploying cancelledcenter byfor successor boards based on the bindingblind; successor doctrine.
SECTION(j) 3.Build and equip a gymnasium at Columbia Training School;
If(k) allApprove or anydisapprove portionthe expenditure of suchany propertymoney isappropriated leased,by the institution,Legislature withwhen theauthorized approvalby of the Boardbill ofmaking Trusteesthe ofappropriation; S.
B.(l) Expend monies appropriated to it in paying the state's part of the cost of any street paving;
No.25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)3 (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.
2518Any *SS26/R276CS*transaction ~which OFFICIALinvolves ~state 25/SS26/R276CSlands PAGEunder 2the Stateprovisions Institutions of Higherthis Learning,paragraph isshall authorizedbe todone negotiatein alla aspectsmanner ofconsistent anywith lease or sublease and any terms and ancillary agreements pertaining to any lease or sublease as may be reasonably necessary to effectuate the intentprovisions and purposes of thisSection section29-1-1; and to ensure a fair and equitable return to the state.
SECTION(n) 4.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;
(1)(o) AllPurchase proceedslands derivedfor orbuilding receivedsites, fromor theas agreementsadditions andto leasesbuilding enteredsites, intofor underthe Sectionserection 1of buildings and 2other offacilities thiswhich actthe shalldepartment beis depositedauthorized intoto aerect, specialand funddemolish and expendeddispose onlyof forold thebuildings, usewhen andnecessary benefitfor of the publicproper institutionconstruction of highernew learning.buildings.
(2)Any Attransaction thewhich endinvolves ofstate thelands leaseunder termthe providedprovisions inof this act,paragraph theshall propertybe leaseddone underin thea authoritymanner providedconsistent hereinwith andthe allprovisions improvementsof toSection such29-1-1; property shall revert to the institution.
(3)(p) TheObtain Statebusiness property insurance with a deductible of Mississippinot shallless retainthan allOne mineralHundred rightsThousand toDollars the($100,000.00) realon propertystate-owned leasedbuildings under Sectionthe 1management and control of thisthe act.department;
(4)* The* Department* (q) In consultation with and approval by the Chairmen of Financethe Public Property Committees of the Senate and Administrationthe isHouse authorizedof to25/HR35/SB2518A.2J correct*HR35/SB2518A.2J* anyP(DJ)4 discrepanciesRepresentatives, inenter into contracts for the propertypurpose describedof providing parking spaces for state employees who work in Sectionthe 1Woolfolk ofBuilding, thisthe act.Carroll Gartin Justice Building or the Walter Sillers Office Building * * *;
SECTIONand 5.(r) The department is hereby authorized to transfer up to * * * Ten Million Dollars ($10,000,000.00) 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;
Thisheating act shall take effect and beair inconditioning forcesystems; from and after its passage, and shall stand repealed the day before its passage.
S.and the replacement of furniture and equipment.
B.The community colleges shall abide by all applicable statutes related to the purchase of the repair, renovation and improvement of such existing facilities.
No.(3) The department shall survey state-owned and state-utilized buildings to establish an estimate of the costs of architectural alterations, pursuant to the Americans With Disabilities Act of 1990, 42 USCS, Section 12111 et seq.
2518The *SS26/R276CS*department ~shall OFFICIALestablish ~priorities 25/SS26/R276CSfor ST:making the identified architectural alterations and shall make known to the Legislative Budget Office and to the Legislature the required cost to effectuate such alterations.
Public-privateTo partnerships;meet the requirements of this section, the department shall use standards of accessibility that are at least as stringent as any applicable federal requirements and may consider:
allow25/HR35/SB2518A.2J IHL*HR35/SB2518A.2J* PAGEP(DJ)5 3(a) boardFederal tominimum leaseguidelines onand behalfrequirements ofissued publicby institutionsthe ofUnited higherStates learning.Architectural and Transportation Barriers Compliance Board and standards issued by other federal agencies;
(b) The criteria contained in the American Standard Specifications for Making Buildings Accessible and Usable by the Physically Handicapped and any amendments thereto as approved by the American Standards Association, Incorporated (ANSI Standards);
(c) Design manuals;
(d) Applicable federal guidelines;
(e) Current literature in the field;
(f) Applicable safety standards;
and (g) Any applicable environmental impact statements.
(4) The department shall observe the provisions of Section 31-5-23 in letting contracts and shall use Mississippi products, including paint, varnish and lacquer which contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as a solvent or thinner, where these products are available at a cost not to exceed the cost of products grown, produced, prepared, made or manufactured outside of the State of Mississippi.
(5) The department shall have authority to accept grants, loans or donations from the United States government or from any other sources for the purpose of matching funds in carrying out the provisions of this chapter.
25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)6 (6) The department shall build a wheelchair ramp at the War Memorial Building which complies with all applicable federal laws, regulations and specifications regarding wheelchair ramps.
(7) The department shall review and preapprove all architectural or engineering service contracts entered into by any state agency, institution, commission, board or authority, regardless of the source of funding used to defray the costs of the construction or renovation project, for which services are to be obtained to ensure compliance with purchasing regulations and to confirm that the contracts are procured by a competitive qualification-based selection process except where such appointment is for an emergency project or for a continuation of a previous appointment for a directly related project.
The provisions of this subsection (7) shall not apply to:
(a) Any architectural or engineering contract fully paid for by self-generated funds of any of the state institutions of higher learning;
(b) Any architectural or engineering contract that is self-administered at a state institution of higher learning as provided under Section 27-104-7(2)(b) or 37-101-15(m);
(c) Community college projects that are fully funded from local funds or other nonstate sources which are outside the Department of Finance and Administration's appropriations or as directed by the Legislature;
25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)7 (d) Any contract for the construction of buildings or other facilities, including contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds or other state source funds appropriated in lieu of general obligations bonds of the State of Mississippi, at Mississippi public community and junior colleges when the local community or junior college board of trustees determines that it is in the best interest of the community or junior college to procure and administer all such contracts.
( * * *e) Any construction or design projects of the State Military Department that are fully or partially funded from federal funds or other nonstate sources;
and ( * * *f) Any project of the State Department of Transportation.
(8) (a) The department shall have the authority to obtain annually from the state institutions of higher learning, the state community colleges and junior colleges, the Department of Mental Health, the Department of Corrections and the Department of Wildlife, Fisheries and Parks information on all renovation and repair expenditures for buildings under their operation and control, including duties, responsibilities and costs of any architect or engineer hired by any such institutions, and shall annually report the same to the Legislative Budget Office, the Chairman of the House Public Property Committee and the Chairman of the Senate Public Property Committee before September 1.
25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)8 (b) All state agencies, departments and institutions are required to cooperate with the Department of Finance and Administration in carrying out the provisions of this subsection.
(c) Expenditures shall not include those amounts expended for janitorial, landscaping or administrative support, but shall include expenditures from both state and nonstate sources.
(d) Expenditures shall not include amounts expended by the department on behalf of state agencies, departments and institutions through the Department of Finance and Administration administered contracts, but shall include amounts transferred to the Department of Finance and Administration for support of such contracts.
(9) As an alternative to other methods of awarding contracts as prescribed by law, the department may elect to use the method of contracting for construction projects set out in Sections 31-7-13.1 and 31-7-13.2;
however, the design-build method of construction contracting authorized under Section 31-7-13.1 may be used only when the Legislature has specifically required or authorized the use of this method in the legislation authorizing a project.
(10) The department shall have the authority, for the purposes of carrying out the provisions of this chapter, and in addition to all other rights and powers granted by law, to create and maintain a list of suspended and debarred contractors and 25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)9 subcontractors.
Consistent with this authority, the department may adopt regulations governing the suspension or debarment of contractors and subcontractors, which regulations shall be subject to the approval of the Public Procurement Review Board.
A suspended or debarred contractor or subcontractor shall be disqualified from consideration for contracts with the department during the suspension or debarment period in accordance with the department's regulations.
(11) This section shall not apply to the Mississippi State Port Authority.
SECTION 6.
This act shall take effect and be in force from and after July 1, 2025." AMEND further the title after the semicolon on line 12 by inserting the following:
"TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF AVAILABLE BOND FUNDS THAT DFA IS AUTHORIZED TO TRANSFER TO EACH COMMUNITY COLLEGE REQUESTING TO BE EXEMPT DFA CONTROL AND SUPERVISION FOR REPAIR, RENOVATION AND IMPROVEMENT OF EXISTING FACILITIES OWNED BY THE COMMUNITY COLLEGES UP TO $10,000,000.00;
TO EXEMPT CONTRACTS FOR THE CONSTRUCTION AND MAINTENANCE OF BUILDING AND OTHER FACILITIES ON THE CAMPUSES OF PUBLIC COMMUNITY AND JUNIOR COLLEGES, WHICH ARE FUNDED IN WHOLE OR IN PART BY GENERAL OBLIGATION BONDS OR OTHER STATE SOURCE FUNDS, FROM THE REQUIREMENT FOR PREAPPROVAL BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR ARCHITECTURAL AND ENGINEERING SERVICE CONTRACTS;" 25/HR35/SB2518A.2J *HR35/SB2518A.2J* P(DJ)10