Bill Text: MS HB254 | 2014 | Regular Session | Engrossed
Bill Title: Capital Expense Fund; increase maximum amounts for use for any single emergency, and for all emergencies.
Spectrum: Bipartisan Bill
Status: (Failed) 2014-03-04 - Died In Committee [HB254 Detail]
Download: Mississippi-2014-HB254-Engrossed.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Appropriations
By: Representatives Frierson, Hines
House Bill 254
(As Passed the House)
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, GROUNDS AND REAL PROPERTY MANAGEMENT FOR ANY SINGLE EMERGENCY, AND THE MAXIMUM AMOUNT THAT MAY BE TRANSFERRED TO THE BUREAU FOR ALL EMERGENCIES DURING ANY FISCAL YEAR; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATIVE BUDGET OFFICE AND LEGISLATIVE COMMITTEES THAT DESCRIBES ALL REPAIR AND RENOVATION AND CONSTRUCTION PROJECTS FUNDED FROM THE CAPITAL EXPENSE FUND FOR THAT FISCAL YEAR; 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) 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.
(6) 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.
(7) * * * (a) The Department
of Finance and Administration shall prepare and submit a detailed report to the
Legislative Budget Office, the House Public Property Committee and the Senate
Public Property Committee on or before September 1 of each year that describes
all repair and renovation and construction projects funded from the Capital
Expense Fund for that fiscal year. The report shall include, at a minimum, the
following:
(i) Name of each project;
(ii) Scope of each project;
(iii) Total budget of each project;
(iv) Name of primary professional for each project, if applicable;
(v) Amounts of Capital Expense Funds allocated for the current fiscal year for each project;
(vi) Amounts of Capital Expense Funds expended for the current fiscal year for each project; and
(vii) Source of other project funds, if applicable.
(b) All state agencies, departments and institutions shall cooperate with the Department of Finance and Administration in carrying out the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
