Mississippi 2019 Regular Session Status: Enacted 1 R cosponsors

SB 2867 — University construction projects; authorize IHL Board to administer.

Last action — Approved by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2019. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

673 added · 723 removed

Plain-language change summary

The recent changes to SB 2867 clarify that the Board may administer certain construction and maintenance projects for the higher education institutions it oversees, rather than just having the option to do so. This shift from "may elect" to "may administer" indicates a stronger commitment to managing these projects directly. This is important because it can lead to more efficient oversight and potentially better allocation of resources within the state's higher education system. Additionally, certain provisions about reporting budget expenditures and managing funds remain intact to ensure accountability.

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SB2867 (As Sent to Governor) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
SB2867 (As Passed the Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Senator(s) Harkins Senate Bill 2867 (As Sent to Governor) AN ACT TO AMEND SECTION 37-101-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING MAY ADMINISTER CERTAIN CONSTRUCTION AND MAINTENANCE PROJECTS OF THE INSTITUTIONS UNDER ITS JURISDICTION;
Senator(s) Harkins Senate Bill 2867 (As Passed the Senate) AN ACT TO AMEND SECTION 37-101-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING MAY ADMINISTER CERTAIN CONSTRUCTION AND MAINTENANCE PROJECTS OF THE INSTITUTIONS UNDER ITS JURISDICTION;
TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO EXEMPT ARCHITECTURAL AND ENGINEERING CONTRACTS RELATING TO STATE INSTITUTIONS OF HIGHER LEARNING CONSTRUCTION AND RENOVATION PROJECTS FROM OVERSIGHT BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION WHENEVER THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING ELECTS TO SELF-ADMINISTER A PROJECT;
TO AMEND SECTIONS 27-104-7 AND 31-11-3, MISSISSIPPI CODE OF 1972, TO CONFORM;
TO AMEND SECTIONS 27-104-7 AND 37-101-99, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT;
     37-101-15.  (a)  The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1.  The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
     37-101-15.  (a)  The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1.  The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
     (e)  For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions.  Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures.  Each report must be balanced, and must begin with the former balance.  If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom.  The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following.  The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income.  The board shall require a surety bond in a surety company authorized to do business in this state of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
     (e)  For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions.  Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures.  Each report must be balanced, and must begin with the former balance.  If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom.  The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following.  The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income.  The board shall require a surety bond in a surety company authorized to do business in this state, of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
     (f)  The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term * * * of not exceeding four (4) years.  The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons.  It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides.  It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service.  The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
     (f)  The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term of not exceeding four (4) years.  The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons.  It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides.  It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service.  The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
     (m)  (i)  The Board of Trustees of State Institutions of Higher Learning is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are paid for with self-generated funds.
          (m)  (i)  The Board of Trustees of State Institutions of Higher Learning is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are paid for with self-generated funds.
          (ii)  Additionally, the board is authorized to oversee, administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds of the State of Mississippi at institutions designated annually by the board as being capable to procure and administer all such contracts.
              (ii)  Additionally, the board is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds of the State of Mississippi at institutions designated by the board contingent upon the execution of an agreement for each project between the institution and the Department of Finance and Administration.  The approval and execution of the agreement shall not be withheld by either party unless the withholding party provides a written, detailed explanation of the basis for withholding to the other party.  The agreement shall stipulate the responsibilities of each party, applicable procurement regulations, documentation and reporting requirements, conditions prior to, and schedule of, disbursement of general obligation bond funds to the institution and provisions concerning handling any remaining general obligation bonds at the completion of the project.
 Prior to the disbursement of funds, an agreement for each project between the institution and the Department of Finance and Administration shall be executed.  The approval and execution of the agreement shall not be withheld by either party unless the withholding party provides a written, detailed explanation of the basis for withholding to the other party.  The agreement shall stipulate the responsibilities of each party, applicable procurement regulations, documentation and reporting requirements, conditions prior to, and schedule of, disbursement of general obligation bond funds to the institution and provisions concerning handling any remaining general obligation bonds at the completion of the project.  Such agreement shall not include provisions that constitute additional qualifications or criteria that act to invalidate the designation of an institution as capable of procuring and administering such project.  Inclusion of any such provisions may be appealed to the Public Procurement Review Board.  This subparagraph (ii) shall stand repealed from and after July 1, 2022.
     SECTION 2.  Section 27-104-7, Mississippi Code of 1972, is amended as follows:
     SECTION 2.  Section 31-11-3, Mississippi Code of 1972, is amended as follows:
     31-11-3.  (1)  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.  The department shall have entire control and supervision of, and 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.
     (2)  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.  In addition to other powers conferred, the department shall have full power and authority, as directed by the Legislature, or when funds have been appropriated for its use for these purposes, to:
          (a)  Build a state office building;
          (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;
          (c)  Provide state aid for the construction of school buildings;
          (d)  Promote and develop the training of returned veterans of the United States in all sorts of educational and vocational learning to be supplied by the proper educational institution of the State of Mississippi, and in so doing allocate 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.
346 of the United States;
          (e)  Build and equip a hospital and administration building at the Mississippi State Penitentiary;
          (f)  Build and equip additional buildings and wards at the Boswell Retardation Center;
          (g)  Construct a sewage disposal and treatment plant at the Mississippi State Hospital, and in so doing acquire additional land as may be necessary, and to exercise the right of eminent domain in the acquisition of this land;
          (h)  Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;
          (i)  Build and equip suitable facilities for a training and employing center for the blind;
          (j)  Build and equip a gymnasium at Columbia Training School;
          (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 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;
and           (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.
     (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.  The department shall establish priorities for 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.  To 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:
          (a)  Federal minimum guidelines and requirements issued by the United States 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.
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     (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.
     (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) * * * nor shall they apply to 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;
          (d) * * * The provisions of this subsection (7) shall not apply to Any construction or design projects of the State Military Department that are fully or partially funded from federal funds or other nonstate sources;
and           (e) * * * nor shall they apply to 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.
          (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 dual-phase 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 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 3.  Section 27-104-7, Mississippi Code of 1972, is amended as follows:
              (i)  One (1) member appointed by the Governor to serve for a term ending on June 30, 2019;
              (i)  One (1) member appointed by the Governor to serve for a term ending on June 30, 19;
          (b)  Adopt regulations governing the approval of contracts let for the construction and maintenance of state buildings and other state facilities as well as related contracts for architectural and engineering services.
          (b)  Adopt regulations governing the approval of contracts let for the construction and maintenance of state buildings and other state facilities as well as related contracts for architectural and engineering services.  The provisions of this paragraph shall not apply to such contracts involving buildings and other facilities of state institutions of higher learning that are paid for with self-generated funds or that are funded in whole or in part by general obligation bonds of the State of Mississippi at institutions designated by the Board of Trustees of State Institutions of Higher Learning under Section 37-101-15;
     The provisions of this paragraph shall not apply to such contracts involving buildings and other facilities of state institutions of higher learning which are self-administered as provided under Section 27-104-7(2)(b) or Section 37-101-15(m);
                   3.  An explanation of why the source is the only person or entity that can provide the required personal or professional service;
                   3.
 An explanation of why the source is the only person or entity that can provide the required personal or professional service;
          (c)  Explanation of why the price is considered reasonable;
          (c)  Explanation of why the price is considered reasonable;
     (9)  Notwithstanding the exemption of personal and professional services contracts entered into by the Department of Human Services and personal and professional services contracts entered into by the Department of Child Protection Services from the provisions of this section under subsection (2)(f), before the Department of Human Services or the Department of Child Protection Services may enter into a personal or professional service contract, the department(s) shall give notice of the proposed personal or professional service contract to the Public Procurement Review Board for any recommendations by the board.  Upon receipt of the notice, the board shall post the notice on its website and on the procurement portal website established by Sections 25-53-151 and 27-104-165.  If the board does not respond to the department(s) within seven (7) calendar days after receiving the notice, the department(s) may enter the proposed personal or professional service contract.  If the board responds to the department(s) within seven (7) calendar days, then the board has seven (7) calendar days from the date of its initial response to provide any additional recommendations.  After the end of the second seven-day period, the department(s) may enter the proposed personal or professional service contract.  The board is not authorized to disapprove any proposed personal or professional services contracts.  This subsection shall stand repealed on July 1, * * * 2019 2022.
     (9)  Notwithstanding the exemption of personal and professional services contracts entered into by the Department of Human Services and personal and professional services contracts entered into by the Department of Child Protection Services from the provisions of this section under subsection (2)(f), before the Department of Human Services or the Department of Child Protection Services may enter into a personal or professional service contract, the department(s) shall give notice of the proposed personal or professional service contract to the Public Procurement Review Board for any recommendations by the board.  Upon receipt of the notice, the board shall post the notice on its website and on the procurement portal website established by Sections 25-53-151 and 27-104-165.
     SECTION 4.  Section 37-101-99, Mississippi Code of 1972, is amended as follows:
 If the board does not respond to the department(s) within seven (7) calendar days after receiving the notice, the department(s) may enter the proposed personal or professional service contract.  If the board responds to the department(s) within seven (7) calendar days, then the board has seven (7) calendar days from the date of its initial response to provide any additional recommendations.  After the end of the second seven-day period, the department(s) may enter the proposed personal or professional service contract.  The board is not authorized to disapprove any proposed personal or professional services contracts.  This subsection shall stand repealed on July 1, 2019.
     37-101-99.  The * * *state building commission Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is hereby authorized to supervise the contracting for, and the erection of, all buildings erected as a result of the provisions of Sections 37-101-91 through 37-101-103 which the Board of Trustees of State Institutions of Higher Learning does not self-administer or allow a state institution of higher learning to administer.
     SECTION 3.  Section 31-11-3, Mississippi Code of 1972, is amended as follows:
     SECTION 5.  This act shall take effect and be in force from and after July 1, 2019.
     31-11-3.  (1)  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.  The department shall have entire control and supervision of, and 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.
     (2)  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.  In addition to other powers conferred, the department shall have full power and authority as directed by the Legislature, or when funds have been appropriated for its use for these purposes, to:
          (a)  Build a state office building;
          (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;
          (c)  Provide state aid for the construction of school buildings;
          (d)  Promote and develop the training of returned veterans of the United States in all sorts of educational and vocational learning to be supplied by the proper educational institution of the State of Mississippi, and in so doing allocate 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.
346 of the United States;
          (e)  Build and equip a hospital and administration building at the Mississippi State Penitentiary;
          (f)  Build and equip additional buildings and wards at the Boswell Retardation Center;
          (g)  Construct a sewage disposal and treatment plant at the Mississippi State Hospital, and in so doing acquire additional land as may be necessary, and to exercise the right of eminent domain in the acquisition of this land;
          (h)  Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;
          (i)  Build and equip suitable facilities for a training and employing center for the blind;
          (j)  Build and equip a gymnasium at Columbia Training School;
          (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 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;
and           (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.
     (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.  The department shall establish priorities for 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.  To 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:
          (a)  Federal minimum guidelines and requirements issued by the United States 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.
     (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 the following:  (a) any architectural or engineering contract fully paid for by self-generated funds of any of the state institutions of higher learning * * *, nor shall they apply to;
(b) any architectural or engineering contract that the Board of Trustees of State Institutions of Higher Learning self-administers under Section 37-101-15;
and (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.  The provisions of this subsection (7) shall not apply to any construction or design projects of the State Military Department that are fully or partially funded from federal funds or other nonstate sources, nor shall they apply to 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.
          (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 dual-phase 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 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 4.  This act shall take effect and be in force from and after July 1, 2019, and shall be repealed from and after June 30, 2019.
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Amendments

3 amendments

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Action History

  1. Approved by Governor

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Conference Report Adopted

  5. Conference Report Adopted

  6. Conference Report Filed

  7. Conference Report Filed

  8. Conferees Named Weathersby,Read,Mettetal

  9. Conferees Named Fillingane,Kirby,Harkins

  10. Decline to Concur/Invite Conf

  11. Returned For Concurrence

  12. Motion to Reconsider Tabled

  13. Motion to Reconsider Entered (Bell (65th), Weathersby, Hale)

  14. Passed As Amended

  15. Amended

  16. Title Suff Do Pass As Amended

  17. Referred To Public Property

  18. Transmitted To House

  19. Passed As Amended

  20. Amended

  21. Committee Substitute Adopted

  22. Title Suff Do Pass Comm Sub

  23. DR - TSDPCS: FI To UC

  24. Referred To Finance;Universities and Colleges

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 174 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Adopt Conference Report

Passed 51 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Democrat 6000
Unaffiliated 29001
Total 51001
% of votes cast 98%0%0%2%
How each member voted (52)
Member Party Vote
Branning — Yea
Browning — Yea
Burton — Yea
Carmichael — Yea
Caughman — Yea
Dawkins — Yea
Doty — Yea
Gollott — Yea
Horhn — Yea
Jolly — Yea
Jordan — Yea
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Yea
Tollison — Yea
Turner-Ford — Yea
Wilemon — Yea
Witherspoon — Yea
Yeas--Barnett — Yea
Blackmon — Yea
Clarke — Yea
Dearing — Yea
Jackson G. (15th) — Yea
Jackson R. (11th) — Yea
Jackson S. (32nd) — Yea
Parker — Yea
Simmons D. T. (12th) — Yea
Simmons W. (13th) — Yea
Absent and those Hudson — Not Voting
Albert Butler Democrat Yea
David Blount Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Percy W. Watson Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Passage as Amended

Passed 110 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 43101
Democrat 16002
Unaffiliated 50103
Independent 1000
Total 110206
% of votes cast 93%2%0%5%
How each member voted (118)
Member Party Vote
Bain — Yea
Baria — Yea
Beckett — Yea
Bomgar — Yea
Busby — Yea
Calhoun — Yea
Corley — Yea
Criswell — Yea
Denny — Yea
Dixon — Yea
Dortch — Yea
Henley — Yea
Holland — Yea
Hughes — Yea
McLeod — Yea
McNeal — Yea
Mettetal — Yea
Miles — Yea
Myers — Not Voting
Paden — Yea
Patterson — Yea
Reynolds — Yea
Shirley — Yea
Snowden — Yea
Staples — Yea
Straughter — Yea
Sullivan — Yea
Sykes — Yea
Walker — Yea
Weathersby — Yea
Willis — Yea
Young — Yea
Blackmon — Yea
Taylor — Yea
Mr. Speaker — Yea
Nays--Hopkins — Nay
Absent or those Anderson — Not Voting
Clarke — Not Voting
Yeas--Aguirre — Yea
Baker — Yea
Williams- Barnes — Yea
Barnett — Yea
Bell (65th) — Yea
Bell (21st) — Yea
Gibbs (72nd) — Yea
Gibbs (36th) — Yea
Holloway — Yea
Huddleston — Yea
Hudson — Yea
Jackson — Yea
Johnson (87th) — Yea
Johnson (94th) — Yea
Rogers (14th) — Yea
Rogers (61st) — Yea
Bo Brown Democrat Yea
Bob Evans Democrat Yea
Bob Evans Democrat Yea
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Earle S. Banks Democrat Yea
Jeffery Harness Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Kabir Karriem Democrat Not Voting
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Not Voting
Willie Bailey Democrat Yea
Angela Cockerham Independent Yea
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Dan Eubanks Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jason White Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Karl Oliver Republican Yea
Kathy L. Chism Republican Yea
Ken Morgan Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Not Voting
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Scott DeLano Republican Yea
Stacey Hobgood-Wilkes Republican Nay
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Passage as Amended

Passed 46 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 15100
Unaffiliated 27203
Democrat 4000
Total 46303
% of votes cast 88%6%0%6%
How each member voted (52)
Member Party Vote
Browning — Yea
Burton — Not Voting
Carmichael — Yea
Caughman — Yea
Dawkins — Yea
Doty — Yea
Gollott — Yea
Horhn — Yea
Jolly — Yea
Jordan — Yea
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Nay
Tollison — Yea
Turner-Ford — Yea
Wilemon — Yea
Witherspoon — Yea
Yeas--Barnett — Yea
Blackmon — Yea
Clarke — Yea
Dearing — Yea
Hudson — Yea
Jackson G. (15th) — Yea
Jackson R. (11th) — Yea
Jackson S. (32nd) — Yea
Parker — Yea
Simmons D. T. (12th) — Yea
Simmons W. (13th) — Yea
Nays--Bryan — Nay
Absent and those Branning — Not Voting
Voting Present--Blount — Not Voting
Albert Butler Democrat Yea
Hillman Terome Frazier Democrat Yea
Percy W. Watson Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Nay
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Subjects

finance education
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Frequently asked questions

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SB 2867 is sponsored by Josh Harkins (Republican).
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This bill has been enacted into law. Introduced January 21, 2019. Enacted.
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