2015 Regular Session
By: Representatives Frierson, Bennett
AN ACT TO AMEND SECTION 27-103-303, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE TRANSFERRED FROM THE CAPITAL EXPENSE FUND TO THE BUREAU OF BUILDING TO PROVIDE FUNDS FOR EMERGENCY REPAIRS ON STATE-OWNED BUILDINGS FOR ANY SINGLE EMERGENCY AND FOR ALL EMERGENCIES DURING ANY FISCAL YEAR; TO AUTHORIZE THE CAPITAL EXPENSE FUND TO BE USED FOR THE COST OF PROVIDING SECURITY AT STATE EVENTS THAT ARE HELD IN THE CITY OF JACKSON; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-103-303, Mississippi Code of 1972, is amended as follows:
27-103-303. (1) There is created in the State Treasury a special fund, separate and apart from any other fund, to be designated the Capital Expense Fund.
(2) The Capital Expense Fund shall not be considered as a surplus or available funds when adopting a balanced budget as required by law. The State Treasurer shall invest all sums in the Capital Expense Fund not needed for the purposes provided for in this section in certificates of deposit, repurchase agreements and other securities as authorized in Section 27-105-33(d) or 7-9-103, as the State Treasurer may determine to yield the highest market rate available. Interest earned on this fund shall be deposited by the State Treasurer into the State General Fund.
(3) The Capital Expense Fund shall be used for capital expense needs, repair and renovation of state-owned properties and specific projects authorized by the Legislature. The Legislature shall designate those capital expense projects, repair and renovation projects and other authorized projects in an appropriation act passed by the Legislature, which shall direct the Director of the Department of Finance and Administration to administer the projects.
(4) In addition to the
purposes specified in subsection (3) of this section, the Capital Expense Fund
shall be used to provide funds for emergency repairs on state-owned buildings,
upon requisition of the Director of the Department of Finance and
Administration. Whenever the director determines that funds are immediately
needed for emergency repairs on state-owned buildings, he shall requisition the
funds needed from the Capital Expense Fund, which shall be subject to the
limitations set forth in this subsection. At the same time he makes the
requisition, the director shall notify the Lieutenant Governor, the Speaker of
the House of Representatives, the respective Chairmen of the Senate
Appropriations Committee, the Senate Finance Committee, the House
Appropriations Committee and the House Ways and Means Committee and the
Legislative Budget Office of his determination of the need for the funds, the
amount that he has requisitioned and where the funds will be used. If the
amount requisitioned is available in the Capital Expense Fund, is not allocated
for any specific projects as authorized in subsection (3) of this section and
is within the limitations set forth below in this subsection, then the director
may escalate the budget of the Bureau of Building, Grounds and Real Property
Management to use the full amount of the requisitioned funds for the emergency
repairs, and transfer that amount to the bureau for that purpose. If the
amount requisitioned is more than the amount available in the Capital Expense
Fund or above the limitations set forth below in this subsection, then the
director may escalate the budget of the bureau to use the amount that is
available within the limitations for the emergency repairs, and transfer that
amount to the bureau for that purpose. The maximum amount that may be
transferred from the Capital Expense Fund to the bureau for any single
emergency shall be * * *
One Million Dollars
($1,000,000.00), and the maximum amount that may be transferred to the
bureau for all emergencies during any fiscal year shall be * * * Five
Million Dollars ($5,000,000.00).
(5) In addition to the purposes specified in subsections (3) and (4) of this section, the Capital Expense Fund may be used for the cost of providing security at state events that are held in the City of Jackson, upon requisition of the Director of the Department of Finance and Administration, not exceeding a maximum amount of Three Hundred Seventy-five Thousand Dollars ($375,000.00) for all events held during any fiscal year.
(6) Funds deposited in the Capital Expense Fund shall be used only for the purposes specified in this section, and as long as the provisions of this section remain in effect, no other expenditure, appropriation or transfer of funds in the Capital Expense Fund shall be made except by act of the Legislature making specific reference to the Capital Expense Fund as the source of those funds.
(7) Unexpended funds in the Capital Expense Fund at the end of a fiscal year shall not lapse into the State General Fund but shall remain in the fund for use under this section.
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SECTION 2. This act shall take effect and be in force from and after July 1, 2015.