Bill Text: MS HB524 | 2017 | Regular Session | Enrolled

---

Bill Title: DFA; clarify and update inventory of state real properties under the authority, general supervision and oversight of.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-03-13 - Approved by Governor [HB524 Detail]

Download: Mississippi-2017-HB524-Enrolled.html

---

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Public Property

By: Representatives Weathersby, Dixon

House Bill 524

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 29-5-2, 29-5-81 AND 29-5-161, MISSISSIPPI CODE OF 1972, TO CLARIFY AND UPDATE THE INVENTORY OF STATE REAL PROPERTIES OVER WHICH THE DEPARTMENT OF FINANCE AND ADMINISTRATION HAS AUTHORITY, GENERAL SUPERVISION AND OVERSIGHT; TO REMOVE THE AUTHORITY PROVIDED TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ENTER INTO A LEASE OR RENTAL AGREEMENT WITH A PRIVATE ENTITY PROVIDING HEALTHCARE AND WELLNESS SERVICES TO STATE EMPLOYEES FOR USE OF CERTAIN SPACE WITHIN THE ROBERT G. CLARK, JR., BUILDING; 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 and Parking Garage, the Carroll Gartin Justice Building, the Walter Sillers Office Building and Parking Garage, the War Veterans' Memorial Building, the Charlotte Capers Building, the William F. Winter Archives and History Building, * * * the Ike Sanford Veterans Affairs Building, the Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot (GM&O Depot), 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. Office Building and Parking Garage, the former Central High Building, * * * 101 Capitol Centre and the properties described in Section 1 of Chapter 542, Laws of 2009as well as all state-owned or leased buildings situated 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:

                   1.  The National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;

                   2.  The Mississippi Sports Hall of Fame;

                   3.  The Mississippi Crafts Center;

                   4.  The Mississippi Children's Museum; and

                   5.  The Mississippi Arts and 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)  [Repealed]

     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 Dr. Eldon Langston Bolton Building:  Located in the City of Biloxi, Mississippi.

          (c)  The grounds of 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)  Any 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:

                   1.  The grounds of the National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;

                   2.  The grounds of the Mississippi Sports Hall of Fame;

                   3.  The grounds of the Mississippi Crafts Center;

                   4.  The grounds of the Mississippi Children's Museum; and

                   5.  The grounds of the Mississippi Arts and 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, the Department of Transportation Building, the Robert E. Lee Office Building, the Robert G. Clark, Jr. Building all state buildings identified in Section 29-5-2(a)(i) through (iv), * * *the State Board of Health Building, 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.  This act shall take effect and be in force from and after its passage.

---