Bill Text: MS SB2375 | 2016 | Regular Session | Introduced

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Bill Title: Public buildings; update and consolidate the list of under DFA's supervision and care.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-02-25 - Died In Committee [SB2375 Detail]

Download: Mississippi-2016-SB2375-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Public Property; Appropriations

By: Senator(s) Blount, Dearing

Senate Bill 2375

AN ACT TO AMEND SECTION 29-5-2, MISSISSIPPI CODE OF 1972, TO UPDATE AND CONSOLIDATE THE LIST OF BUILDINGS UNDER THE DEPARTMENT OF FINANCE AND ADMINISTRATION'S SUPERVISION AND CARE; TO AMEND SECTIONS 29-5-81 AND 29-5-161, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTION 29-5-77, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 29-5-2, Mississippi Code of 1972, is amended as follows:

     29-5-2.  The duties of the Department of Finance and Administration shall be as follows:

          (a)  (i)  To exercise general supervision and care over and keep in good condition the following state property located in the City of Jackson:  the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Walter Sillers Parking Garage, the War Veterans' Memorial Building, the Charlotte Capers Building, the William F. Winter Archives and History Building * * *, and Mississippi Museum Complex, the GM&O Depot, * * *the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Governor's Mansion, the Heber Ladner Building, * * *the Burroughs Building, the Robert E. Lee Office Building, the Robert E. Lee Parking Garage, * * * the Manship House Restoration and Visitor Center, the former Naval Reserve Center, 515 East Amite Street, 620 North Street, 660 North Street, 700 North State Street, the State Records Center, the Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds Complex, and all other properties acquired in the same transaction at the time of the purchase of the Robert E. Lee Hotel property from the First Federal Savings and Loan Association of Jackson, Mississippi, which properties are more particularly described in a warranty deed heretofore executed and delivered on April 22, 1969, and filed for record in the Office of the Chancery Clerk of the First Judicial District of Hinds County, Mississippi, located in Jackson, Mississippi, on April 25, 1969, at 9:00 a.m., and recorded in Deed Book No. 1822, Page 136 et seq., the former Central High Building, * * *101 Capitol Centre and the properties described in Section 1 of Chapter 542, Laws of 2009 and all other buildings owned or leased by the state that are located on seat of government property.

              (ii)  To exercise general supervision and care over and keep in good condition the Dr. Eldon Langston Bolton Building located in Biloxi, Mississippi.

               (iii)  To exercise general supervision and care over and keep in good condition the State Service Center, located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in Hattiesburg, Mississippi.

              (iv)  To exercise general supervision and care over and keep in good condition any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board including but not limited to the following:  the NASA Shared Services Center and Lockheed Martin Building at Stennis Space Center, the Mississippi Sports Hall of Fame, the Mississippi Crafts Center, the Mississippi Children's Museum and the Mississippi Arts Entertainment Center.

          (b)  To assign suitable office space for the various state departments, officers and employees who are provided with an office in any of the buildings under the jurisdiction or control of the Department of Finance and Administration.  However, the assignment of space in the New Capitol Building shall be designated by duly passed resolution of the combined Senate Rules Committee and the House Management Committee, meeting as a joint committee, approved by the Lieutenant Governor and Speaker of the House of Representatives.  A majority vote of the members of the Senate Rules Committee and a majority vote of the members of the House Management Committee shall be required on all actions taken, resolutions or reports adopted, and all other matters considered by the full combined committee on occasions when the Senate Rules Committee and the House Management Committee shall meet as a full combined committee.

          (c)  To approve or disapprove with the concurrence of the Public Procurement Review Board, any lease or rental agreements by any state agency or department, including any state agency financed entirely by federal and special funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration, including space necessary for parking to be used by state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building.  In no event shall any employee, officer, department, federally funded agency or bureau of the state be authorized to enter into a lease or rental agreement without prior approval of the Department of Finance and Administration and the Public Procurement Review Board.

     The Department of Finance and Administration is authorized to use architects, engineers, building inspectors and other personnel for the purpose of making inspections as may be deemed necessary in carrying out its duties and maintaining the facilities.

          (d)  To acquire by lease, lease-purchase agreement, or otherwise, as provided in Section 27-104-107, and to assign through the Office of General Services, by lease or sublease agreement from the office, and with the concurrence of the Public Procurement Review Board, to any state agency or department, including any state agency financed entirely by federal and special funds, appropriate office space in the buildings acquired.

          (e)  To approve or disapprove, after consultation with the Chairmen of the Senate and House Public Property Committees and with the concurrence of the Public Procurement Review Board, any lease or rental agreement for up to two thousand (2,000) square feet of space in the Robert G. Clark, Jr. Building with a private entity who will provide healthcare and wellness services to state employees.  The department must select the entity using the request for proposal process.  In addition to satisfying any other requirement for the Public Procurement Review Board's approval, the department must demonstrate that any agreement entered into under this paragraph will not impair or impede the function of state agencies in this location.  This subsection shall stand repealed from and after July 1, 2016.

     SECTION 2.  Section 29-5-81, Mississippi Code of 1972, is amended as follows:

     29-5-81.  Grounds of public buildings over which the Department of Finance and Administration has jurisdiction shall comprise the following:

          (a)  In the City of Jackson, Mississippi:

              (i) * * *New State Capitol:  Bounded on the north by High Street, on the west by North West Street, on the south by Mississippi Street, and on the east by North President Street;

   (ii)  Governor's Mansion:  Bounded on the north by Amite Street, on the west by North West Street, on the south by Capitol Street and on the east by North Congress Street;

   (iii)  Woolfolk State Office Building:  Bounded on the north by High Street, on the west by Lamar Street, on the south by Hamilton Street and on the east by North West Street;

   (iv)  Old State Capitol and War Veterans' Memorial Building Complex:  Bounded on the north by Amite Street, on the west by North State Street and South State Street, on the south by Pearl Street and on the east by property of the Gulf, Mobile and Ohio Railroad Company;

   (v)  Carroll Gartin Justice Building and Walter Sillers Office Building Complex:  Bounded on the north by George Street, on the west by North West Street, on the south by High Street and on the east by North President Street;

   (vi)  Heber Ladner Building:  Bounded on the north by Mississippi Street, on the west by North Congress Street, on the south by the property of Galloway Methodist Church used as a parking lot and on the east by the property on which the Mississippi Farm Bureau Federation Building stands;  The grounds surrounding all state buildings identified in Section 29-5-2(a)(i) and all seat of government property;

              ( * * *viiii)  State Board of Health * * * Building Complex:  Bounded on the north by Stadium Drive, on the west by the property of Mississippi Hospital and Medical Service, * * *on the southwest by property on which is located a Standard Oil service station on the south by Woodrow Wilson Avenue, on the southeast by property leased by the Mississippi Federation of Women's Clubs and on the east by North State Street;

 * * *   (viii)  Robert E. Lee Building and other properties acquired in the same transaction:  Particularly described in warranty deed executed and delivered on April 22, 1969, and filed for record in the Office of the Chancery Clerk of the First Judicial District of Hinds County, Mississippi, located in Jackson, Mississippi, on April 25, 1969, at 9:00 a.m., and recorded in Deed Book No. 1822, Page 136 et seq.;

   (ix)  Charlotte Capers Building:  Bounded on the north by the Old Capitol Building, on the west by South State Street, on the south by Pearl Street, and on the east by the Illinois Central Railroad tracks;

   (x)  William F. Winter Archives and History Building:  Bounded on the north by Mississippi Street, on the west by North Street, on the south by Amite Street, and on the east by Jefferson Street;

   (xi)  Mayfair Building:  Bounded on the north by George Street, on the west by Northwest Street, on the south by Walter Sillers Office Building complex, and on the east by North President Street;

   (xii)  Court of Appeals Building:  Bounded on the west by North State Street, on the north by George Street, on the east by North Street, and on the south by the building designated as 654 North State Street, including the parking area east of and adjacent to the 654 North State Street Building;

   (xiii)  Central High Building;

   (xiv)  101 Capitol Centre:  Located at 101 West Capitol Street, Jackson, Mississippi;

   (xv)  Robert G. Clark, Jr. Building:  Located at 301 North Lamar Street, Jackson, Mississippi;

              ( * * *xviiii)  The Barefield Property, the Sun-n-Sand Property and any other property described in Section 1 of Chapter 542, Laws of 2009;

              ( * * *xviiiv)  The Mississippi State Fairgrounds Complex, including, but not limited to, the Mississippi Coliseum, Trademart, Kirk Fordice Equine Center, Mississippi Street Armory, and all arenas, barns, buildings, campgrounds and property whatsoever; such property being bounded on the north by High Street, on the west by Jefferson Street, on the east by Greymont Street, and on the south by Greymont Street.

          (b)  The grounds of the Dr. Eldon Langston Bolton Building:  Located in the City of Biloxi, Mississippi.

          (c)  The grounds of the State Service Center:  Located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in the City of Hattiesburg, Mississippi.

          (d)  The grounds of any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board including, but not limited to, the following:  the NASA Shared Services Center and Lockheed Martin Building at Stennis Space Center, the Mississippi Sports Hall of Fame, the Mississippi Crafts Center, the Mississippi Children's Museum and the Mississippi Arts Entertainment Center.

     SECTION 3.  Section 29-5-161, Mississippi Code of 1972, is amended as follows:

     29-5-161.  (1)  As used in this section:

          (a)  "Smoke" or "smoking" means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco.

          (b)  "Government building" means * * *the New State Capitol Building, the Woolfolk State Office Building, the Carroll Gartin Justice Building, the Walter Sillers Office Building, the Heber Ladner Building, all state buildings identified in Section 29-5-2(a), the Department of Transportation Building, * * *the Robert E. Lee Office Building, the Robert G. Clark, Jr. Building, the State Board of Health * * *Building Complex, the Public Employees' Retirement System Building * * *, the Central High Building, the Court of Appeals Building, the War Veterans' Memorial Building, the State Archives Building, the Ike Sanford Veterans Affairs Building, the Old State Capitol Building, the Burroughs Building, the Mayfair Building, 101 Capitol Centre and any other facility in the state that is owned or leased by the State of Mississippi or any agency, department or institution of the state and that is used for housing state employees during the time of performance of their regular duties for the state; any building owned, rented, leased, occupied or operated by the state, including the legislative, executive and judicial branches of state government; any county, municipality or any other political subdivision of the state; any public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.  If only part of a facility is leased by the state or an agency, department or institution of the state, or any county, municipality or other political subdivision of the state, only the leased part of the facility will be considered to be a government building for the purposes of this definition.  The term "government building" shall not include any building owned or leased by the state institutions of higher learning or the public community and junior colleges or any space in a government building used by law enforcement officers.

          (c)  "University or college classroom building" means any building used by the state institutions of higher learning or the public community and junior colleges exclusively for student instructional purposes.  The term includes classrooms, auditoriums, theaters, laboratories, hallways and restrooms.  Smoking policies applicable in the private offices of faculty and staff and other "smoking permitted" space may be determined by each academic and administrative department.

     (2)  No person shall smoke in any government building, except as follows:  The State Veterans Affairs Board may designate smoking areas in the state veterans homes operated by the board in which smoking will be permitted.

     (3)  No person shall smoke in any university or college classroom building.

     (4)  The person, agency or entity having jurisdiction or supervision over a government building or university/college classroom building shall not allow smoking in the government or university/college classroom building, except in designated smoking areas as authorized in subsection (2) of this section, and shall use reasonable efforts to prevent smoking in such building, including, but not limited to, the following:

          (a)  Posting appropriate signs informing employees, invitees, guests and other persons that smoking is prohibited in the building.

          (b)  Securing the removal of persons who smoke in the building.

     SECTION 4.  Section 29-5-77, Mississippi Code of 1972, is brought forward as follows:

     29-5-77.  (1)  The Department of Finance and Administration shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb including adjoining streets, sidewalks and leased parking lots within the Capitol complex, set forth in Section 29-5-2, the Court of Appeals Building, the Mississippi Department of Transportation Building and the Public Employees' Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board.  The Department of Finance and Administration shall, through any person or persons appointed by the Department of Finance and Administration, or through the Department of Public Safety when requested by the Department of Finance and Administration, make arrests for any violation of any law of the State of Mississippi on those grounds of or within those properties.  The Department of Finance and Administration shall enforce the provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor.

     (2)  When in the opinion of the Governor or, in his absence, the Lieutenant Governor, it is readily apparent that an emergency exists that the persons appointed by the Department of Finance and Administration are unable to control in the accomplishment of the provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95 in regard to law enforcement, then the Governor or, in his absence, the Lieutenant Governor, may call upon the Department of Public Safety, members of which shall have power to arrest and detain any persons violating the provisions of those sections of law, until the person can be brought before the proper authorities for trial.

     (3)  Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Finance and Administration shall be authorized to enter into a contract for the Department of Finance and Administration to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.

     (4)  (a)  The Department of Finance and Administration and the Department of Agriculture are authorized to enter into a contract for the Department of Finance and Administration to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmer's Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi.  It is the intent of the Legislature that the Department of Finance and Administration will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.

          (b)  The Department of Finance and Administration and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Finance and Administration to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Mississippi Fair Commission known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property.  The Department of Finance and Administration and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Finance and Administration to supply the security personnel to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property.

     (5)  The Department of Finance and Administration and the  Department of Revenue are authorized to enter into a contract for the Department of Finance and Administration to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2016.

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