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

H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~ G1/2
26/HR26/R1334
PAGE 1 (DJ\KW)

To: Public Property
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Newman

HOUSE BILL NO. 1730

AN ACT TO CREATE SECTIONS 31-11-37 AND 31-11-39, MISSISSIPPI 1
CODE OF 1972, TO DEFINE TERMS USED HEREIN; TO PROHIBIT THE DESIGN, 2
BIDDING, PERMITTING, CONTRACTING FOR OR CONSTRUCTION OF FLAT OR 3
LOW-SLOPE ROOF SYSTEMS IN THE NEW CONSTRUCTION OF COVERED PUBLIC 4
FACILITIES FUNDED IN WHOLE OR IN PART WITH GOVERNMENTAL FUNDS; TO 5
ESTABLISH A MINIMUM ROOF SLOPE STANDARD OF THREE-TO-TWELVE FOR 6
PRIMARY ROOF PLANES; TO AUTHORIZE LIMITED, CLEARLY DEFINED 7
EXCEPTIONS FOR INCIDENTAL ROOF AREAS AND DOCUMENTED ENGINEERING 8
CONSTRAINTS; TO REQUIRE CERTIFICATION OF COMPLIANCE AS A CONDITION 9
PRECEDENT TO PLAN APPROVAL, CONTRACT AWARD, FUNDING, REIMBURSEMENT 10
AND DISBURSEMENT; TO AUTHORIZE SUSPENSION OR RECOVERY OF FUNDS FOR 11
NONCOMPLIANCE; TO AUTHORIZE RULEMAKING BY THE DEPARTMENT OF 12
FINANCE AND ADMINISTRATION FOR IMPLEMENTATION AND COMPLIANCE 13
REVIEW; TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO 14
CONDITION THE DEPARTMENT OF FINANCE AND ADMINISTRATION'S APPROVAL, 15
SUPERVISION, AND EXPENDITURE OF FUNDS FOR PUBLIC CONSTRUCTION 16
PROJECTS ON COMPLIANCE WITH THE ROOF SLOPE PROHIBITION AND 17
CERTIFICATION REQUIREMENTS; TO AMEND SECTION 37-101-15, 18
MISSISSIPPI CODE OF 1972, TO CONDITION CAPITAL PROJECT APPROVALS 19
AND CONSTRUCTION AUTHORITY OF THE BOARD OF TRUSTEES OF STATE 20
INSTITUTIONS OF HIGHER LEARNING ON COMPLIANCE WITH THE ROOF SLOPE 21
PROHIBITION; TO AMEND SECTION 57-1-55, MISSISSIPPI CODE OF 1972, 22
TO CONDITION GRANTS, LOANS, BOND-FUNDED ASSISTANCE, 23
REIMBURSEMENTS, MATCHES AND OTHER FINANCIAL ASSISTANCE 24
ADMINISTERED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY ON 25
COMPLIANCE WITH THE ROOF SLOPE PROHIBITION; AND FOR RELATED 26
PURPOSES. 27
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 28
SECTION 1. The following shall be codified as Section 29
31-11-37, Mississippi Code of 1972: 30
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 2 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
31-11-37. For purposes of this act, the following words and 31
phrases shall have the meanings ascribed in this section, unless 32
the context of use clearly requires otherwise: 33
(a) "Covered public facility" means any building or 34
structure that is: 35
(i) Owned, leased, operated or primarily occupied 36
by the State of Mississippi, a state agency, a state institution 37
of higher learning, a community or junior college district, a 38
county, a municipality or any political subdivision, authority, 39
board or commission of the state; and 40
(ii) Constructed as a new facility, new building, 41
or new building addition that increases the gross roof area of an 42
existing public facility. 43
(b) "Governmental funding assistance" means any state, 44
local or federal funds administered, appropriated, granted, 45
loaned, bonded, reimbursed, matched or otherwise provided by or 46
through a governmental entity for a covered public facility 47
project, including without limitation general obligation bond 48
proceeds, state aid, grants, loans, and other financial assistance 49
administered by the Department of Finance and Administration, the 50
Board of Trustees of State Institutions of Higher Learning, or the 51
Mississippi Development Authority. 52
(c) "Low-slope roof" means a roof having a slope of 53
less than three (3) units vertical in twelve (12) units horizontal 54
(3:12). 55
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 3 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(d) "Flat roof" means a roof having a slope of less 56
than one (1) unit vertical in twelve (12) units horizontal (1:12). 57
(e) "New construction" means the construction of a new 58
public facility or the replacement of an existing structure, and 59
does not include routine maintenance, repair, or roof replacement 60
that does not materially alter the structure of the building. 61
SECTION 2. The following shall be codified as Section 62
31-11-39, Mississippi Code of 1972: 63
31-11-39. (1) A covered public facility that is constructed 64
using governmental funds, whether in whole or in part, shall not 65
be designed, bid, permitted, contracted for or constructed with a 66
flat roof or a low-slope roof. For purposes of compliance with 67
this subsection, the primary roof planes of a covered public 68
facility shall have a minimum slope of at least three (3) units of 69
vertical rise for every twelve (12) units of horizontal for a 70
ratio of 3:12. 71
(2) (a) Subsection (1) of this section does not prohibit: 72
(i) A roof area used solely for mechanical 73
equipment platforms, elevator overruns, stair towers, skylight 74
curbs, clerestories, solar installations, parapets, gutters, 75
scuppers, crickets or other appurtenances that are incidental to 76
and necessary for the operation of the facility; 77
(ii) Canopies, walkways, porte-cocheres, covered 78
patios and similar accessory coverings that are not part of the 79
primary roof plane; or 80
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 4 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(iii) A roof area that, due to documented 81
engineering constraints, must be designed at a slope less than the 82
3:12 primary roof plane required under subsection (1), provided 83
that such area does not exceed ten percent (10%) of the total 84
gross roof area of the covered public facility. 85
(b) Any exception claimed under this subsection (2) 86
must be supported by written findings from the architect or 87
engineer of record describing the specific constraint and the 88
minimum practicable slope that can be achieved. 89
(3) (a) For any covered public facility subject to this 90
section, the entity seeking approval, funding, reimbursement or 91
other governmental funding assistance shall certify compliance 92
with this section in the form and manner required by the approving 93
or funding authority. No state agency, political subdivision, 94
board, commission or authority shall approve plans, issue a notice 95
to proceed, enter into a construction contract, award a bid, 96
disburse funds, or reimburse costs for a covered public facility 97
subject to this section unless the project complies with this 98
section. 99
(b) If governmental funding assistance has been awarded 100
or disbursed for a covered public facility that is later 101
determined to be noncompliant, the awarding authority may suspend 102
disbursements and may require repayment of all or a portion of the 103
governmental funding assistance, consistent with applicable law 104
and the terms of the award. 105
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 5 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(4) The Department of Finance and Administration may 106
promulgate rules necessary to implement this section, including 107
standardized certifications and compliance review procedures. 108
SECTION 3. Section 31-11-3, Mississippi Code of 1972, is 109
amended as follows: 110
31-11-3. (1) The Department of Finance and Administration, 111
for the purposes of carrying out the provisions of this chapter, 112
in addition to all other rights and powers granted by law, shall 113
have full power and authority to employ and compensate architects 114
or other employees necessary for the purpose of making 115
inspections, preparing plans and specifications, supervising the 116
erection of any buildings, and making any repairs or additions as 117
may be determined by the Department of Finance and Administration 118
to be necessary, pursuant to the rules and regulations of the 119
State Personnel Board. The department shall have entire control 120
and supervision of, and determine what, if any, buildings, 121
additions, repairs, demolitions or improvements are to be made 122
under the provisions of this chapter, subject to the regulations 123
adopted by the Public Procurement Review Board. 124
(2) The department shall have full power to erect buildings, 125
make repairs, additions or improvements, demolitions, to grant or 126
acquire easements or rights-of-way, and to buy materials, supplies 127
and equipment for any of the institutions or departments of the 128
state subject to the regulations adopted by the Public Procurement 129
Review Board. In addition to other powers conferred, the 130
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 6 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
department shall have full power and authority, as directed by the 131
Legislature, or when funds have been appropriated for its use for 132
these purposes, to: 133
(a) Build a state office building; 134
(b) Build suitable plants or buildings for the use and 135
housing of any state schools or institutions, including the 136
building of plants or buildings for new state schools or 137
institutions, as provided for by the Legislature; 138
(c) Provide state aid for the construction of school 139
buildings; 140
(d) Promote and develop the training of returned 141
veterans of the United States in all sorts of educational and 142
vocational learning to be supplied by the proper educational 143
institution of the State of Mississippi, and in so doing allocate 144
monies appropriated to it for these purposes to the Governor for 145
use by him in setting up, maintaining and operating an office and 146
employing a state director of on-the-job training for veterans and 147
the personnel necessary in carrying out Public Law No. 346 of the 148
United States; 149
(e) Build and equip a hospital and administration 150
building at the Mississippi State Penitentiary; 151
(f) Build and equip additional buildings and wards at 152
the Boswell Retardation Center; 153
(g) Construct a sewage disposal and treatment plant at 154
the Mississippi State Hospital, and in so doing acquire additional 155
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 7 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
land as may be necessary, and to exercise the right of eminent 156
domain in the acquisition of this land; 157
(h) Build and equip the Mississippi central market and 158
purchase or acquire by eminent domain, if necessary, any lands 159
needed for this purpose; 160
(i) Build and equip suitable facilities for a training 161
and employing center for the blind; 162
(j) Build and equip a gymnasium at Columbia Training 163
School; 164
(k) Approve or disapprove the expenditure of any money 165
appropriated by the Legislature when authorized by the bill making 166
the appropriation; 167
(l) Expend monies appropriated to it in paying the 168
state's part of the cost of any street paving; 169
(m) Sell and convey state lands when authorized by the 170
Legislature, cause said lands to be properly surveyed and platted, 171
execute all deeds or other legal instruments, and do any and all 172
other things required to effectively carry out the purpose and 173
intent of the Legislature. Any transaction which involves state 174
lands under the provisions of this paragraph shall be done in a 175
manner consistent with the provisions of Section 29-1-1; 176
(n) Collect and receive from educational institutions 177
of the State of Mississippi monies required to be paid by these 178
institutions to the state in carrying out any veterans' 179
educational programs; 180
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 8 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(o) Purchase lands for building sites, or as additions 181
to building sites, for the erection of buildings and other 182
facilities which the department is authorized to erect, and 183
demolish and dispose of old buildings, when necessary for the 184
proper construction of new buildings. Any transaction which 185
involves state lands under the provisions of this paragraph shall 186
be done in a manner consistent with the provisions of Section 187
29-1-1; 188
(p) Obtain business property insurance with a 189
deductible of not less than One Hundred Thousand Dollars 190
($100,000.00) on state-owned buildings under the management and 191
control of the department; 192
(q) In consultation with and approval by the Chairmen 193
of the Public Property Committees of the Senate and the House of 194
Representatives, enter into contracts for the purpose of providing 195
parking spaces for state employees who work in the Woolfolk 196
Building, the Carroll Gartin Justice Building or the Walter 197
Sillers Office Building; and 198
(r) The department is hereby authorized to transfer up 199
to Three Million Dollars ($3,000,000.00) of available bond funds 200
to each community college requesting to be exempt from department 201
control and supervision relating to the repair, renovation and 202
improvement of existing facilities owned by the community 203
colleges, including utility infrastructure projects; heating and 204
air conditioning systems; and the replacement of furniture and 205
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 9 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
equipment. The community colleges shall abide by all applicable 206
statutes related to the purchase of the repair, renovation and 207
improvement of such existing facilities. This paragraph (r) shall 208
stand repealed on July 1, 2028. 209
(3) The department shall survey state-owned and 210
state-utilized buildings to establish an estimate of the costs of 211
architectural alterations, pursuant to the Americans With 212
Disabilities Act of 1990, 42 USCS, Section 12111 et seq. The 213
department shall establish priorities for making the identified 214
architectural alterations and shall make known to the Legislative 215
Budget Office and to the Legislature the required cost to 216
effectuate such alterations. To meet the requirements of this 217
section, the department shall use standards of accessibility that 218
are at least as stringent as any applicable federal requirements 219
and may consider: 220
(a) Federal minimum guidelines and requirements issued 221
by the United States Architectural and Transportation Barriers 222
Compliance Board and standards issued by other federal agencies; 223
(b) The criteria contained in the American Standard 224
Specifications for Making Buildings Accessible and Usable by the 225
Physically Handicapped and any amendments thereto as approved by 226
the American Standards Association, Incorporated (ANSI Standards); 227
(c) Design manuals; 228
(d) Applicable federal guidelines; 229
(e) Current literature in the field; 230
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 10 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(f) Applicable safety standards; and 231
(g) Any applicable environmental impact statements. 232
(4) The department shall observe the provisions of Section 233
31-5-23 in letting contracts and shall use Mississippi products, 234
including paint, varnish and lacquer which contain as vehicles 235
tung oil and either ester gum or modified resin (with rosin as the 236
principal base of constituents), and turpentine shall be used as a 237
solvent or thinner, where these products are available at a cost 238
not to exceed the cost of products grown, produced, prepared, made 239
or manufactured outside of the State of Mississippi. 240
(5) The department shall have authority to accept grants, 241
loans or donations from the United States government or from any 242
other sources for the purpose of matching funds in carrying out 243
the provisions of this chapter. 244
(6) The department shall build a wheelchair ramp at the War 245
Memorial Building which complies with all applicable federal laws, 246
regulations and specifications regarding wheelchair ramps. 247
(7) The department shall review and preapprove all 248
architectural or engineering service contracts entered into by any 249
state agency, institution, commission, board or authority, 250
regardless of the source of funding used to defray the costs of 251
the construction or renovation project, for which services are to 252
be obtained to ensure compliance with purchasing regulations and 253
to confirm that the contracts are procured by a competitive 254
qualification-based selection process except where such 255
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 11 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
appointment is for an emergency project or for a continuation of a 256
previous appointment for a directly related project. The 257
provisions of this subsection (7) shall not apply to: 258
(a) Any architectural or engineering contract fully 259
paid for by self-generated funds of any of the state institutions 260
of higher learning; 261
(b) Any architectural or engineering contract that is 262
self-administered at a state institution of higher learning as 263
provided under Section 27-104-7(2)(b) or 37-101-15(m); 264
(c) Community college projects that are fully funded 265
from local funds or other nonstate sources which are outside the 266
Department of Finance and Administration's appropriations or as 267
directed by the Legislature; 268
(d) (i) The Mississippi Community College Board (MCCB) 269
shall establish criteria for projects up to Ten Million Dollars 270
($10,000,000.00) in value in order to make a determination to 271
whether a community college may self-manage capital projects 272
funded, in whole or in part, by general obligation bonds or other 273
state source funds appropriated in lieu of general * * * 274
obligation bonds of the State of Mississippi. The criteria to be 275
considered shall include whether the community college employs 276
applicable full-time personnel, including licensed architects, 277
qualified construction engineers, and other experienced employees 278
designated for the management of the construction of capital 279
projects. The board may include additional criteria in making its 280
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 12 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
determination, including site visits, existing college policies, 281
and other relevant qualifications that may exist. 282
(ii) Upon application by a community college for 283
approval of an eligible self-management capital project, the board 284
shall consider all criteria and make a determination at a meeting 285
of the Mississippi Community College Board. 286
(iii) Subsequent to a favorable approval 287
determination by the Mississippi Community College Board, the 288
established Board of Trustees of each college shall make a second 289
determination as to whether it is in the best interest of the 290
college to procure and self-manage all such contracts. 291
(iv) If the criteria are met and the local board 292
further determines that self-management is appropriate, a 293
memorandum of understanding shall be executed by the Mississippi 294
Community College Board and the college. 295
(e) Any construction or design projects of the State 296
Military Department that are fully or partially funded from 297
federal funds or other nonstate sources; and 298
(f) Any project of the State Department of 299
Transportation. 300
(8) (a) The department shall have the authority to obtain 301
annually from the state institutions of higher learning, the state 302
community colleges and junior colleges, the Department of Mental 303
Health, the Department of Corrections and the Department of 304
Wildlife, Fisheries and Parks information on all renovation and 305
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 13 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
repair expenditures for buildings under their operation and 306
control, including duties, responsibilities and costs of any 307
architect or engineer hired by any such institutions, and shall 308
annually report the same to the Legislative Budget Office, the 309
Chairman of the House Public Property Committee and the Chairman 310
of the Senate Public Property Committee before September 1. 311
(b) All state agencies, departments and institutions 312
are required to cooperate with the Department of Finance and 313
Administration in carrying out the provisions of this subsection. 314
(c) Expenditures shall not include those amounts 315
expended for janitorial, landscaping or administrative support, 316
but shall include expenditures from both state and nonstate 317
sources. 318
(d) Expenditures shall not include amounts expended by 319
the department on behalf of state agencies, departments and 320
institutions through the Department of Finance and Administration 321
administered contracts, but shall include amounts transferred to 322
the Department of Finance and Administration for support of such 323
contracts. 324
(9) As an alternative to other methods of awarding contracts 325
as prescribed by law, the department may elect to use the method 326
of contracting for construction projects set out in Sections 327
31-7-13.1 and 31-7-13.2; however, the design-build method of 328
construction contracting authorized under Section 31-7-13.1 may be 329
used only when the Legislature has specifically required or 330
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 14 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
authorized the use of this method in the legislation authorizing a 331
project. 332
(10) The department shall have the authority, for the 333
purposes of carrying out the provisions of this chapter, and in 334
addition to all other rights and powers granted by law, to create 335
and maintain a list of suspended and debarred contractors and 336
subcontractors. Consistent with this authority, the department 337
may adopt regulations governing the suspension or debarment of 338
contractors and subcontractors, which regulations shall be subject 339
to the approval of the Public Procurement Review Board. A 340
suspended or debarred contractor or subcontractor shall be 341
disqualified from consideration for contracts with the department 342
during the suspension or debarment period in accordance with the 343
department's regulations. 344
(11) This section shall not apply to the Mississippi State 345
Port Authority. 346
(12) Notwithstanding any other provision of law, the 347
department shall not approve, control, supervise, authorize or 348
expend any funds for a covered public facility, as defined in 349
Section 31-11-37, that is subject to the prohibition set forth in 350
Section 37-11-39, unless the project complies with the 351
requirements established in Section 37-11-39. The department 352
shall require a roof-slope compliance certification as a condition 353
of plan approval and release of funds for any such project. 354
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 15 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
SECTION 4. Section 37-101-15, Mississippi Code of 1972, is 355
amended as follows: 356
37-101-15. (a) The Board of Trustees of State Institutions 357
of Higher Learning shall succeed to and continue to exercise 358
control of all records, books, papers, equipment, and supplies, 359
and all lands, buildings, and other real and personal property 360
belonging to or assigned to the use and benefit of the board of 361
trustees formerly supervising and controlling the institutions of 362
higher learning named in Section 37-101-1. The board shall have 363
and exercise control of the use, distribution and disbursement of 364
all funds, appropriations and taxes, now and hereafter in 365
possession, levied and collected, received, or appropriated for 366
the use, benefit, support, and maintenance or capital outlay 367
expenditures of the institutions of higher learning, including the 368
authorization of employees to sign vouchers for the disbursement 369
of funds for the various institutions, except where otherwise 370
specifically provided by law. 371
(b) The board shall have general supervision of the affairs 372
of all the institutions of higher learning, including the 373
departments and the schools thereof. The board shall have the 374
power in its discretion to determine who shall be privileged to 375
enter, to remain in, or to graduate therefrom. The board shall 376
have general supervision of the conduct of libraries and 377
laboratories, the care of dormitories, buildings, and grounds; the 378
business methods and arrangement of accounts and records; the 379
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 16 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
organization of the administrative plan of each institution; and 380
all other matters incident to the proper functioning of the 381
institutions. The board shall have the authority to establish 382
minimum standards of achievement as a prerequisite for entrance 383
into any of the institutions under its jurisdiction, which 384
standards need not be uniform between the various institutions and 385
which may be based upon such criteria as the board may establish. 386
(c) The board shall exercise all the powers and prerogatives 387
conferred upon it under the laws establishing and providing for 388
the operation of the several institutions herein specified. The 389
board shall adopt such bylaws and regulations from time to time as 390
it deems expedient for the proper supervision and control of the 391
several institutions of higher learning, insofar as such bylaws 392
and regulations are not repugnant to the Constitution and laws, 393
and not inconsistent with the object for which these institutions 394
were established. The board shall have power and authority to 395
prescribe rules and regulations for policing the campuses and all 396
buildings of the respective institutions, to authorize the arrest 397
of all persons violating on any campus any criminal law of the 398
state, and to have such law violators turned over to the civil 399
authorities. 400
(d) For all institutions specified herein, the board shall 401
provide a uniform system of recording and of accounting approved 402
by the State Department of Audit. The board shall annually 403
prepare, or cause to be prepared, a budget for each institution of 404
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 17 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
higher learning for the succeeding year which must be prepared and 405
in readiness for at least thirty (30) days before the convening of 406
the regular session of the Legislature. All relationships and 407
negotiations between the State Legislature and its various 408
committees and the institutions named herein shall be carried on 409
through the board of trustees. No official, employee or agent 410
representing any of the separate institutions shall appear before 411
the Legislature or any committee thereof except upon the written 412
order of the board or upon the request of the Legislature or a 413
committee thereof. 414
(e) For all institutions specified herein, the board shall 415
prepare an annual report to the Legislature setting forth the 416
disbursements of all monies appropriated to the respective 417
institutions. Each report to the Legislature shall show how the 418
money appropriated to the several institutions has been expended, 419
beginning and ending with the fiscal years of the institutions, 420
showing the name of each teacher, officer, and employee, and the 421
salary paid each, and an itemized statement of each and every item 422
of receipts and expenditures. Each report must be balanced, and 423
must begin with the former balance. If any property belonging to 424
the state or the institution is used for profit, the reports shall 425
show the expense incurred in managing the property and the amount 426
received therefrom. The reports shall also show a summary of the 427
gross receipts and gross disbursements for each year and shall 428
show the money on hand at the beginning of the fiscal period of 429
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 18 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
the institution next preceding each session of the Legislature and 430
the necessary amount of expense to be incurred from said date to 431
January 1 following. The board shall keep the annual expenditures 432
of each institution herein mentioned within the income derived 433
from legislative appropriations and other sources, but in case of 434
emergency arising from acts of providence, epidemics, fire or 435
storm with the written approval of the Governor and by written 436
consent of a majority of the senators and of the representatives 437
it may exceed the income. The board shall require a surety bond 438
in a surety company authorized to do business in this state of 439
every employee who is the custodian of funds belonging to one or 440
more of the institutions mentioned herein, which bond shall be in 441
a sum to be fixed by the board in an amount that will properly 442
safeguard the said funds, the premium for which shall be paid out 443
of the funds appropriated for said institutions. 444
(f) The board shall have the power and authority to elect 445
the heads of the various institutions of higher learning and to 446
contract with all deans, professors, and other members of the 447
teaching staff, and all administrative employees of said 448
institutions for a term not exceeding four (4) years. The board 449
shall have the power and authority to terminate any such contract 450
at any time for malfeasance, inefficiency, or contumacious 451
conduct, but never for political reasons. It shall be the policy 452
of the board to permit the executive head of each institution to 453
nominate for election by the board all subordinate employees of 454
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 19 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
the institution over which he presides. It shall be the policy of 455
the board to elect all officials for a definite tenure of service 456
and to reelect during the period of satisfactory service. The 457
board shall have the power to make any adjustments it thinks 458
necessary between the various departments and schools of any 459
institution or between the different institutions. 460
(g) The board shall keep complete minutes and records of all 461
proceedings which shall be open for inspection by any citizen of 462
the state. 463
(h) The board shall have the power to enter into an energy 464
performance contract, energy services contract, on a 465
shared-savings, lease or lease-purchase basis, for energy 466
efficiency services and/or equipment as prescribed in Section 467
31-7-14. 468
(i) The Board of Trustees of State Institutions of Higher 469
Learning, for and on behalf of Jackson State University, is hereby 470
authorized to convey by donation or otherwise easements across 471
portions of certain real estate located in the City of Jackson, 472
Hinds County, Mississippi, for right-of-way required for the Metro 473
Parkway Project. 474
(j) In connection with any international contract between 475
the board or one (1) of the state's institutions of higher 476
learning and any party outside of the United States, the board or 477
institution that is the party to the international contract is 478
hereby authorized and empowered to include in the contract a 479
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 20 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
provision for the resolution by arbitration of any controversy 480
between the parties to the contract relating to such contract or 481
the failure or refusal to perform any part of the contract. Such 482
provision shall be valid, enforceable and irrevocable without 483
regard to the justiciable character of the controversy. Provided, 484
however, that in the event either party to such contract initiates 485
litigation against the other with respect to the contract, the 486
arbitration provision shall be deemed waived unless asserted as a 487
defense on or before the responding party is required to answer 488
such litigation. 489
(k) The Board of Trustees of State Institutions of Higher 490
Learning ("board"), on behalf of any institution under its 491
jurisdiction, shall purchase and maintain business property 492
insurance and business personal property insurance on all 493
university-owned buildings and/or contents as required by federal 494
law and regulations of the Federal Emergency Management Agency 495
(FEMA) as is necessary for receiving public assistance or 496
reimbursement for repair, reconstruction, replacement or other 497
damage to those buildings and/or contents caused by the Hurricane 498
Katrina Disaster of 2005 or subsequent disasters. The board is 499
authorized to expend funds from any available source for the 500
purpose of obtaining and maintaining that property insurance. The 501
board is authorized to enter into agreements with the Department 502
of Finance and Administration, local school districts, 503
community/junior college districts, community hospitals and/or 504
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 21 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
other state agencies to pool their liabilities to participate in a 505
group business property and/or business personal property 506
insurance program, subject to uniform rules and regulations as may 507
be adopted by the Department of Finance and Administration. 508
(l) The Board of Trustees of State Institutions of Higher 509
Learning, or its designee, may approve the payment or 510
reimbursement of reasonable travel expenses incurred by candidates 511
for open positions at the board's executive office or at any of 512
the state institutions of higher learning, when the job candidate 513
has incurred expenses in traveling to a job interview at the 514
request of the board, the Commissioner of Higher Education or a 515
state institution of higher learning administrator. 516
(m) (i) The Board of Trustees of State Institutions of 517
Higher Learning is authorized to administer and approve contracts 518
for the construction and maintenance of buildings and other 519
facilities of the state institutions of higher learning, including 520
related contracts for architectural and engineering services, 521
which are paid for with self-generated funds. However, the board 522
shall not approve a contract or authorize construction for a 523
covered public facility, as defined in Section 31-11-37, that is 524
subject to the prohibition set forth in Section 37-11-39, unless 525
the project complies with the requirements established in Section 526
37-11-39. 527
(ii) Additionally, the board is authorized to oversee, 528
administer and approve contracts for the construction and 529
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 22 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
maintenance of buildings and other facilities of the state 530
institutions of higher learning, including related contracts for 531
architectural and engineering services, which are funded in whole 532
or in part by general obligation bonds of the State of Mississippi 533
at institutions designated annually by the board as being capable 534
to procure and administer all such contracts. Prior to the 535
disbursement of funds, an agreement for each project between the 536
institution and the Department of Finance and Administration shall 537
be executed. The approval and execution of the agreement shall 538
not be withheld by either party unless the withholding party 539
provides a written, detailed explanation of the basis for 540
withholding to the other party. The agreement shall stipulate the 541
responsibilities of each party, applicable procurement 542
regulations, documentation and reporting requirements, conditions 543
prior to, and schedule of, disbursement of general obligation bond 544
funds to the institution and provisions concerning handling any 545
remaining general obligation bonds at the completion of the 546
project. Such agreement shall not include provisions that 547
constitute additional qualifications or criteria that act to 548
invalidate the designation of an institution as capable of 549
procuring and administering such project. Inclusion of any such 550
provisions may be appealed to the Public Procurement Review Board. 551
(n) The Board of Trustees of State Institutions of Higher 552
Learning ("board") shall require all on-campus faculty and staff 553
employed by, and all students attending, any of the state 554
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 23 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
institutions of higher learning identified in Section 37-101-1 to 555
be issued an identification badge in physical or electronic 556
format. Any identification card issued or renewed pursuant to 557
this section, whether physical or in an electronic format, shall 558
include the words "Crisis Lifeline - Dial or Text 988, or chat 559
988lifeline.org" or like language for formatting purposes. 560
SECTION 5. Section 57-1-55, Mississippi Code of 1972, is 561
amended as follows: 562
57-1-55. (1) The Mississippi Development Authority shall 563
have the following general powers and duties: To develop and 564
manage programs which enhance the climate for economic growth 565
through assistance to private sector businesses, local communities 566
and individuals, and through an extensive national and 567
international marketing effort. 568
(2) The Mississippi Development Authority shall have the 569
following general powers and duties with respect to economic 570
development: 571
(a) To plan, supervise and direct an active program of 572
solicitation of industries to locate within the state; 573
(b) To prepare, maintain and disseminate information 574
which is needed by companies in evaluating site locations; 575
(c) To consult with, advise and assist prospective 576
industries wishing to locate within the state; 577
(d) To encourage new or expanding industries, which 578
will add to the economy, to locate within the state; 579
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 24 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(e) To maintain a coordinated liaison function with 580
other development groups, including state and federal agencies, 581
and planning and development districts, utility companies, 582
chambers of commerce and railroads; 583
(f) To assist communities and counties within the state 584
in preparation for economic growth; 585
(g) To assist new and existing business and industry 586
and encourage their development and expansion; 587
(h) To plan and conduct a nationwide advertising 588
program promoting the state to prospective industry. Any contract 589
entered into for such purposes shall be advertised, bid and 590
accepted in accordance with the same procedure as prescribed for 591
the advertisement and acceptance of bids for the purchase of 592
commodities and contracts for public purchases under Chapter 7, 593
Title 31, Mississippi Code of 1972; 594
(i) To work with economic development agencies of the 595
federal government in areas of industrial development and provide 596
information to industrial prospects regarding the availability of 597
federal funds and assistance; 598
(j) To work with the Department of Corrections, 599
pursuant to the provisions of Section 47-5-501 et seq., in 600
identifying and evaluating acceptable industries and businesses 601
and in acting as an agent of the Department of Corrections by 602
communicating with such concerns and aggressively soliciting their 603
participation in the Correctional Industries Work Program; 604
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 25 (DJ\KW)
ST: Public facilities; prohibit from being
constructed with flat or low-slope roofs.
(k) To perform related work as required; 605
(l) To disseminate information about financial and 606
other programs of the Mississippi Development Authority that will 607
assist in the creation or expansion of industries processing wood 608
products in this state; 609
(m) To market processed and raw agricultural products 610
domestically and abroad; 611
(n) To aid in the establishment of business incubation 612
centers by private business interests, not-for-profit 613
corporations, and/or governmental entities. The department may 614
provide funds by contract for the establishment of business 615
incubation centers and may contract for space in which business 616
incubation centers will be located. Business incubation centers 617
are defined as facilities and support services that encourage the 618
establishment of successful small businesses by providing a 619
short-term sheltered environment. The department may solicit and 620
accept grants and other financial aid or support from private or 621
public sources to aid in the development of business incubation 622
centers. In addition, advice and assistance to established 623
business incubation centers may be provided by the department; 624
(o) To employ licensed real estate brokers and 625
appraisers necessary for the industrial development of any real 626
estate under the ownership or control of the Mississippi 627
Development Authority. Any contract entered into for such 628
purposes shall be advertised, bid and accepted in accordance with 629
H. B. No. 1730 *HR26/R1334* ~ OFFICIAL ~
26/HR26/R1334
PAGE 26 (DJ\KW)

the same procedure as prescribed for the advertisement and 630
acceptance of bids for the purchase of commodities and contracts 631
for public purchases under Chapter 7, Title 31, Mississippi Code 632
of 1972; and 633
(p) The Mississippi Development Authority will 634
establish, administer, manage, make expenditures and allocations 635
from the Forestry Facility Grant Program under the provisions of 636
Section 57-1-781. 637
(q) To require, as a condition of any grant, loan, 638
bond-funded assistance, reimbursement, match or other financial 639
assistance administered by the Mississippi Development Authority 640
for a covered public facility project, as defined in Section 641
31-11-37, a written certification of compliance with Section 642
31-11-39, and to withhold approval or disbursement of funds if the 643
project does not comply with Section 31-11-39. 644
SECTION 6. This act shall take effect and be in force from 645
and after July 1, 2026. 646