Bill Text: MS HB1730 | 2026 | Regular Session | Engrossed

Mississippi House Bill 1730

Bill Title: Public facilities; prohibit from being constructed with flat or low-slope roofs.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-03-03 - Died In Committee [HB1730 Detail]

Download: Mississippi-2026-HB1730-Engrossed.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Property

By: Representative Newman

House Bill 1730

(As Passed the House)

AN ACT TO CREATE SECTIONS 31-11-37 AND 31-11-39, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS USED HEREIN; TO PROHIBIT THE DESIGN, BIDDING, PERMITTING, CONTRACTING FOR OR CONSTRUCTION OF FLAT OR LOW-SLOPE ROOF SYSTEMS IN THE NEW CONSTRUCTION OF COVERED PUBLIC FACILITIES FUNDED IN WHOLE OR IN PART WITH GOVERNMENTAL FUNDS; TO ESTABLISH A MINIMUM ROOF SLOPE STANDARD OF THREE-TO-TWELVE FOR PRIMARY ROOF PLANES; TO AUTHORIZE LIMITED, CLEARLY DEFINED EXCEPTIONS FOR INCIDENTAL ROOF AREAS AND DOCUMENTED ENGINEERING CONSTRAINTS; TO REQUIRE CERTIFICATION OF COMPLIANCE AS A CONDITION PRECEDENT TO PLAN APPROVAL, CONTRACT AWARD, FUNDING, REIMBURSEMENT AND DISBURSEMENT; TO AUTHORIZE SUSPENSION OR RECOVERY OF FUNDS FOR NONCOMPLIANCE; TO AUTHORIZE RULEMAKING BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR IMPLEMENTATION AND COMPLIANCE REVIEW; TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO CONDITION THE DEPARTMENT OF FINANCE AND ADMINISTRATION'S APPROVAL, SUPERVISION, AND EXPENDITURE OF FUNDS FOR PUBLIC CONSTRUCTION PROJECTS ON COMPLIANCE WITH THE ROOF SLOPE PROHIBITION AND CERTIFICATION REQUIREMENTS; TO AMEND SECTION 37-101-15, MISSISSIPPI CODE OF 1972, TO CONDITION CAPITAL PROJECT APPROVALS AND CONSTRUCTION AUTHORITY OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING ON COMPLIANCE WITH THE ROOF SLOPE PROHIBITION; TO AMEND SECTION 57-1-55, MISSISSIPPI CODE OF 1972, TO CONDITION GRANTS, LOANS, BOND-FUNDED ASSISTANCE, REIMBURSEMENTS, MATCHES AND OTHER FINANCIAL ASSISTANCE ADMINISTERED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY ON COMPLIANCE WITH THE ROOF SLOPE PROHIBITION; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 31-11-37, Mississippi Code of 1972:

31-11-37. For purposes of this act, the following words and phrases shall have the meanings ascribed in this section, unless the context of use clearly requires otherwise:

(a) "Covered public facility" means any building or structure that is:

(i) Owned, leased, operated or primarily occupied by the State of Mississippi, a state agency, a state institution of higher learning, a community or junior college district, a county, a municipality or any political subdivision, authority, board or commission of the state; and

(ii) Constructed as a new facility, new building, or new building addition that increases the gross roof area of an existing public facility.

(b) "Governmental funding assistance" means any state, local or federal funds administered, appropriated, granted, loaned, bonded, reimbursed, matched or otherwise provided by or through a governmental entity for a covered public facility project, including without limitation general obligation bond proceeds, state aid, grants, loans, and other financial assistance administered by the Department of Finance and Administration, the Board of Trustees of State Institutions of Higher Learning, or the Mississippi Development Authority.

(c) "Low-slope roof" means a roof having a slope of less than three (3) units vertical in twelve (12) units horizontal (3:12).

(d) "Flat roof" means a roof having a slope of less than one (1) unit vertical in twelve (12) units horizontal (1:12).

(e) "New construction" means the construction of a new public facility or the replacement of an existing structure, and does not include routine maintenance, repair, or roof replacement that does not materially alter the structure of the building.

SECTION 2. The following shall be codified as Section 31-11-39, Mississippi Code of 1972:

31-11-39. (1) A covered public facility that is constructed using governmental funds, whether in whole or in part, shall not be designed, bid, permitted, contracted for or constructed with a flat roof or a low-slope roof. For purposes of compliance with this subsection, the primary roof planes of a covered public facility shall have a minimum slope of at least three (3) units of vertical rise for every twelve (12) units of horizontal for a ratio of 3:12.

(2) (a) Subsection (1) of this section does not prohibit:

(i) A roof area used solely for mechanical equipment platforms, elevator overruns, stair towers, skylight curbs, clerestories, solar installations, parapets, gutters, scuppers, crickets or other appurtenances that are incidental to and necessary for the operation of the facility;

(ii) Canopies, walkways, porte-cocheres, covered patios and similar accessory coverings that are not part of the primary roof plane; or

(iii) A roof area that, due to documented engineering constraints, must be designed at a slope less than the 3:12 primary roof plane required under subsection (1), provided that such area does not exceed ten percent (10%) of the total gross roof area of the covered public facility.

(b) Any exception claimed under this subsection (2) must be supported by written findings from the architect or engineer of record describing the specific constraint and the minimum practicable slope that can be achieved.

(3) (a) For any covered public facility subject to this section, the entity seeking approval, funding, reimbursement or other governmental funding assistance shall certify compliance with this section in the form and manner required by the approving or funding authority. No state agency, political subdivision, board, commission or authority shall approve plans, issue a notice to proceed, enter into a construction contract, award a bid, disburse funds, or reimburse costs for a covered public facility subject to this section unless the project complies with this section.

(b) If governmental funding assistance has been awarded or disbursed for a covered public facility that is later determined to be noncompliant, the awarding authority may suspend disbursements and may require repayment of all or a portion of the governmental funding assistance, consistent with applicable law and the terms of the award.

(4) The Department of Finance and Administration may promulgate rules necessary to implement this section, including standardized certifications and compliance review procedures.

SECTION 3. 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;

(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;

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

(r) The department is hereby authorized to transfer up to Three Million Dollars ($3,000,000.00) of available bond funds to each community college requesting to be exempt from department control and supervision relating to the repair, renovation and improvement of existing facilities owned by the community colleges, including utility infrastructure projects; heating and air conditioning systems; and the replacement of furniture and equipment. The community colleges shall abide by all applicable statutes related to the purchase of the repair, renovation and improvement of such existing facilities. This paragraph (r) shall stand repealed on July 1, 2028.

(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);

(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:

(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;

(d) (i) The Mississippi Community College Board (MCCB) shall establish criteria for projects up to Ten Million Dollars ($10,000,000.00) in value in order to make a determination to whether a community college may self-manage capital projects funded, in whole or in part, by general obligation bonds or other state source funds appropriated in lieu of general * * * ~~obligations~~ obligation bonds of the State of Mississippi. The criteria to be considered shall include whether the community college employs applicable full-time personnel, including licensed architects, qualified construction engineers, and other experienced employees designated for the management of the construction of capital projects. The board may include additional criteria in making its determination, including site visits, existing college policies, and other relevant qualifications that may exist.

(ii) Upon application by a community college for approval of an eligible self-management capital project, the board shall consider all criteria and make a determination at a meeting of the Mississippi Community College Board.

(iii) Subsequent to a favorable approval determination by the Mississippi Community College Board, the established Board of Trustees of each college shall make a second determination as to whether it is in the best interest of the college to procure and self-manage all such contracts.

(iv) If the criteria are met and the local board further determines that self-management is appropriate, a memorandum of understanding shall be executed by the Mississippi Community College Board and the college.

(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.

(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 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.

(12) Notwithstanding any other provision of law, the department shall not approve, control, supervise, authorize or expend any funds for a covered public facility, as defined in Section 31-11-37, that is subject to the prohibition set forth in Section 37-11-39, unless the project complies with the requirements established in Section 37-11-39. The department shall require a roof-slope compliance certification as a condition of plan approval and release of funds for any such project.

SECTION 4. Section 37-101-15, Mississippi Code of 1972, is amended as follows:

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.

(b) The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.

(c) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.

(d) For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.

(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 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.

(g) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.

(h) The board shall have the power to enter into an energy performance contract, energy services contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.

(i) The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.

(j) In connection with any international contract between the board or one (1) of the state's institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.

(k) The Board of Trustees of State Institutions of Higher Learning ("board"), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.

(l) The Board of Trustees of State Institutions of Higher Learning, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board's executive office or at any of the state institutions of higher learning, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Higher Education or a state institution of higher learning administrator.

(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. However, the board shall not approve a contract or authorize construction for a covered public facility, as defined in Section 31-11-37, that is subject to the prohibition set forth in Section 37-11-39, unless the project complies with the requirements established in Section 37-11-39.

(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. 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.

(n) The Board of Trustees of State Institutions of Higher Learning ("board") shall require all on-campus faculty and staff employed by, and all students attending, any of the state institutions of higher learning identified in Section 37-101-1 to be issued an identification badge in physical or electronic format. Any identification card issued or renewed pursuant to this section, whether physical or in an electronic format, shall include the words "Crisis Lifeline - Dial or Text 988, or chat 988lifeline.org" or like language for formatting purposes.

SECTION 5. Section 57-1-55, Mississippi Code of 1972, is amended as follows:

57-1-55. (1) The Mississippi Development Authority shall have the following general powers and duties: To develop and manage programs which enhance the climate for economic growth through assistance to private sector businesses, local communities and individuals, and through an extensive national and international marketing effort.

(2) The Mississippi Development Authority shall have the following general powers and duties with respect to economic development:

(a) To plan, supervise and direct an active program of solicitation of industries to locate within the state;

(b) To prepare, maintain and disseminate information which is needed by companies in evaluating site locations;

(d) To encourage new or expanding industries, which will add to the economy, to locate within the state;

(e) To maintain a coordinated liaison function with other development groups, including state and federal agencies, and planning and development districts, utility companies, chambers of commerce and railroads;

(f) To assist communities and counties within the state in preparation for economic growth;

(g) To assist new and existing business and industry and encourage their development and expansion;

(h) To plan and conduct a nationwide advertising program promoting the state to prospective industry. Any contract entered into for such purposes shall be advertised, bid and accepted in accordance with the same procedure as prescribed for the advertisement and acceptance of bids for the purchase of commodities and contracts for public purchases under Chapter 7, Title 31, Mississippi Code of 1972;

(i) To work with economic development agencies of the federal government in areas of industrial development and provide information to industrial prospects regarding the availability of federal funds and assistance;

(j) To work with the Department of Corrections, pursuant to the provisions of Section 47-5-501 et seq., in identifying and evaluating acceptable industries and businesses and in acting as an agent of the Department of Corrections by communicating with such concerns and aggressively soliciting their participation in the Correctional Industries Work Program;

(k) To perform related work as required;

(l) To disseminate information about financial and other programs of the Mississippi Development Authority that will assist in the creation or expansion of industries processing wood products in this state;

(m) To market processed and raw agricultural products domestically and abroad;

(n) To aid in the establishment of business incubation centers by private business interests, not-for-profit corporations, and/or governmental entities. The department may provide funds by contract for the establishment of business incubation centers and may contract for space in which business incubation centers will be located. Business incubation centers are defined as facilities and support services that encourage the establishment of successful small businesses by providing a short-term sheltered environment. The department may solicit and accept grants and other financial aid or support from private or public sources to aid in the development of business incubation centers. In addition, advice and assistance to established business incubation centers may be provided by the department;

(o) To employ licensed real estate brokers and appraisers necessary for the industrial development of any real estate under the ownership or control of the Mississippi Development Authority. Any contract entered into for such purposes shall be advertised, bid and accepted in accordance with the same procedure as prescribed for the advertisement and acceptance of bids for the purchase of commodities and contracts for public purchases under Chapter 7, Title 31, Mississippi Code of 1972; and

(p) The Mississippi Development Authority will establish, administer, manage, make expenditures and allocations from the Forestry Facility Grant Program under the provisions of Section 57-1-781.

(q) To require, as a condition of any grant, loan, bond-funded assistance, reimbursement, match or other financial assistance administered by the Mississippi Development Authority for a covered public facility project, as defined in Section 31-11-37, a written certification of compliance with Section 31-11-39, and to withhold approval or disbursement of funds if the project does not comply with Section 31-11-39.

SECTION 6. This act shall take effect and be in force from and after July 1, 2026.