Office of State Aid Road Construction; exempt from PPRB approval for certain contracts and revise related sections.

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To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Massengill

HOUSE BILL NO. 1112

AN ACT TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, 1
TO EXEMPT FROM PUBLIC PROCUREMENT REVIEW BOARD APPROVAL CONTRACTS 2
ENTERED INTO BY THE OFFICE OF STATE AID ROAD CONSTRUCTION (OSARC) 3
FOR PERSONAL SERVICE CONTRACTS; TO AMEND SECTION 65-9-7, 4
MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF PASSENGER 5
AUTOMOBILES THE OSARC MAY OWN AND OPERATE FROM SEVEN TO 13; TO 6
AMEND SECTION 65-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 7
WHENEVER A COUNTY FAILS TO EXPEND THE MONIES ALLOCATED TO IT TO 8
REPAIR AND REPLACE DEFICIENT STATE AID SYSTEM BRIDGES IN ITS 9
COUNTY UNDER THE STATE AID ROAD FUND FOR AN UNINTERRUPTED PERIOD 10
OF TWO SUCCESSIVE FISCAL YEARS, THE COUNTY SHALL FORFEIT AND NO 11
LONGER BE ENTITLED TO THE OUTSTANDING CUMULATIVE BALANCE ON HAND 12
OF THE MONIES THAT WERE ALLOCATED TO IT UNDER THE FUND BEFORE THAT 13
PERIOD OF TIME; TO REQUIRE THAT SUCH FORFEITED MONIES BE 14
REALLOCATED ANNUALLY AMONG ONLY THOSE COUNTIES THAT ARE DETERMINED 15
BY THE STATE AID ENGINEER TO HAVE STATE AID ROAD FUND PROJECTS FOR 16
DEFICIENT BRIDGES THAT ARE READY FOR CONSTRUCTION BUT ARE NOT 17
BEING UNDERTAKEN DUE TO LACK OF FUNDS; TO AMEND SECTION 65-37-7, 18
MISSISSIPPI CODE OF 1972, TO ENABLE REALLOCATION OF CERTAIN 19
FORFEITED MONIES TO COUNTIES THAT ARE DETERMINED BY THE STATE AID 20
ENGINEER TO HAVE LOCAL SYSTEM BRIDGE REPLACEMENT AND 21
REHABILITATION PROGRAM PROJECTS OR OTHER DEFICIENT BRIDGE PROJECTS 22
THAT ARE READY FOR CONSTRUCTION BUT ARE NOT BEING UNDERTAKEN DUE 23
TO LACK OF FUNDS; TO AMEND SECTION 65-37-15, MISSISSIPPI CODE OF 24
1972, TO MODIFY APPROVED EXPENDITURES FOR MONIES IN THE LOCAL 25
SYSTEM BRIDGE REPLACEMENT AND REHABILITATION FUND THAT ARE 26
ALLOCATED TO A PARTICULAR COUNTY; AND FOR RELATED PURPOSES. 27
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 28
SECTION 1. Section 27-104-7, Mississippi Code of 1972, is 29
amended as follows: 30
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27-104-7. (1) (a) There is created the Public Procurement 31
Review Board, which shall be reconstituted on January 1, 2018, and 32
shall be composed of the following members: 33
(i) Three (3) individuals appointed by the 34
Governor with the advice and consent of the Senate; 35
(ii) Two (2) individuals appointed by the 36
Lieutenant Governor with the advice and consent of the Senate; and 37
(iii) The Executive Director of the Department of 38
Finance and Administration, serving as an ex officio and nonvoting 39
member. 40
(b) The initial terms of each appointee shall be as 41
follows: 42
(i) One (1) member appointed by the Governor to 43
serve for a term ending on June 30, 2019; 44
(ii) One (1) member appointed by the Governor to 45
serve for a term ending on June 30, 2020; 46
(iii) One (1) member appointed by the Governor to 47
serve for a term ending on June 30, 2021; 48
(iv) One (1) member appointed by the Lieutenant 49
Governor to serve for a term ending on June 30, 2019; and 50
(v) One (1) member appointed by the Lieutenant 51
Governor to serve for a term ending on June 30, 2020. 52
After the expiration of the initial terms, all appointed 53
members' terms shall be for a period of four (4) years from the 54
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expiration date of the previous term, and until such time as the 55
member's successor is duly appointed and qualified. 56
(c) When appointing members to the Public Procurement 57
Review Board, the Governor and Lieutenant Governor shall take into 58
consideration persons who possess at least five (5) years of 59
management experience in general business, health care or finance 60
for an organization, corporation or other public or private 61
entity. Any person, or any employee or owner of a company, who 62
receives any grants, procurements or contracts that are subject to 63
approval under this section shall not be appointed to the Public 64
Procurement Review Board. Any person, or any employee or owner of 65
a company, who is a principal of the source providing a personal 66
or professional service shall not be appointed to the Public 67
Procurement Review Board if the principal owns or controls a 68
greater than five percent (5%) interest or has an ownership value 69
of One Million Dollars ($1,000,000.00) in the source's business, 70
whichever is smaller. No member shall be an officer or employee 71
of the State of Mississippi while serving as a voting member on 72
the Public Procurement Review Board. 73
(d) Members of the Public Procurement Review Board 74
shall be entitled to per diem as authorized by Section 25-3-69 and 75
travel reimbursement as authorized by Section 25-3-41. 76
(e) The members of the Public Procurement Review Board 77
shall elect a chair from among the membership, and he or she shall 78
preside over the meetings of the board. The board shall annually 79
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elect a vice chair, who shall serve in the absence of the chair. 80
No business shall be transacted, including adoption of rules of 81
procedure, without the presence of a quorum of the board. Three 82
(3) members shall be a quorum. No action shall be valid unless 83
approved by a majority of the members present and voting, entered 84
upon the minutes of the board and signed by the chair. Necessary 85
clerical and administrative support for the board shall be 86
provided by the Department of Finance and Administration. Minutes 87
shall be kept of the proceedings of each meeting, copies of which 88
shall be filed on a monthly basis with the chairs of the 89
Accountability, Efficiency and Transparency Committees of the 90
Senate and House of Representatives and the chairs of the 91
Appropriations Committees of the Senate and House of 92
Representatives. 93
(2) The Public Procurement Review Board shall have the 94
following powers and responsibilities: 95
(a) Approve all purchasing regulations governing the 96
purchase or lease by any agency, as defined in Section 31-7-1, of 97
commodities and equipment, except computer equipment acquired 98
pursuant to Sections 25-53-1 through 25-53-29; 99
(b) Adopt regulations governing the approval of 100
contracts let for the construction and maintenance of state 101
buildings and other state facilities as well as related contracts 102
for architectural and engineering services. 103
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The provisions of this paragraph (b) shall not apply to such 104
contracts involving buildings and other facilities of state 105
institutions of higher learning which are self-administered as 106
provided under this paragraph (b) or Section 37-101-15(m); 107
(c) Adopt regulations governing any lease or rental 108
agreement by any state agency or department, including any state 109
agency financed entirely by federal funds, for space outside the 110
buildings under the jurisdiction of the Department of Finance and 111
Administration. These regulations shall require each agency 112
requesting to lease such space to provide the following 113
information that shall be published by the Department of Finance 114
and Administration on its website: the agency to lease the space; 115
the terms of the lease; the approximate square feet to be leased; 116
the use for the space; a description of a suitable space; the 117
general location desired for the leased space; the contact 118
information for a person from the agency; the deadline date for 119
the agency to have received a lease proposal; any other specific 120
terms or conditions of the agency; and any other information 121
deemed appropriate by the Division of Real Property Management of 122
the Department of Finance and Administration or the Public 123
Procurement Review Board. The information shall be provided 124
sufficiently in advance of the time the space is needed to allow 125
the Division of Real Property Management of the Department of 126
Finance and Administration to review and preapprove the lease 127
before the time for advertisement begins; 128
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(d) Adopt, in its discretion, regulations to set aside 129
at least five percent (5%) of anticipated annual expenditures for 130
the purchase of commodities from minority businesses; however, all 131
such set-aside purchases shall comply with all purchasing 132
regulations promulgated by the department and shall be subject to 133
all bid requirements. Set-aside purchases for which competitive 134
bids are required shall be made from the lowest and best minority 135
business bidder; however, if no minority bid is available or if 136
the minority bid is more than two percent (2%) higher than the 137
lowest bid, then bids shall be accepted and awarded to the lowest 138
and best bidder. However, the provisions in this paragraph shall 139
not be construed to prohibit the rejection of a bid when only one 140
(1) bid is received. Such rejection shall be placed in the 141
minutes. For the purposes of this paragraph, the term "minority 142
business" means a business which is owned by a person who is a 143
citizen or lawful permanent resident of the United States and who 144
is: 145
(i) Black: having origins in any of the black 146
racial groups of Africa; 147
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 148
Central or South American, or other Spanish or Portuguese culture 149
or origin regardless of race; 150
(iii) Asian-American: having origins in any of 151
the original people of the Far East, Southeast Asia, the Indian 152
subcontinent, or the Pacific Islands; 153
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(iv) American Indian or Alaskan Native: having 154
origins in any of the original people of North America; or 155
(v) Female; 156
(e) In consultation with and approval by the Chairs of 157
the Senate and House Public Property Committees, approve leases, 158
for a term not to exceed eighteen (18) months, entered into by 159
state agencies for the purpose of providing parking arrangements 160
for state employees who work in the Woolfolk Building, the Carroll 161
Gartin Justice Building or the Walter Sillers Office Building; 162
(f) (i) Except as otherwise provided in subparagraph 163
(ii) of this paragraph, promulgate rules and regulations governing 164
the solicitation and selection of contractual services personnel, 165
including personal and professional services contracts for any 166
form of consulting, policy analysis, public relations, marketing, 167
public affairs, legislative advocacy services or any other 168
contract that the board deems appropriate for oversight, with the 169
exception of: 170
1. Any personal service contracts entered 171
into by any agency that employs only nonstate service employees as 172
defined in Section 25-9-107(c); 173
2. Any personal service contracts entered 174
into for computer or information technology-related services 175
governed by the Mississippi Department of Information Technology 176
Services; 177
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3. Any personal service contracts entered 178
into by the individual state institutions of higher learning; 179
4. Any personal service contracts entered 180
into by the Mississippi Department of Transportation or the Office 181
of State Aid Road Construction; 182
5. Any personal service contracts entered 183
into by the Department of Human Services through June 30, 2019, 184
which the Executive Director of the Department of Human Services 185
determines would be useful in establishing and operating the 186
Department of Child Protection Services; 187
6. Any personal service contracts entered 188
into by the Department of Child Protection Services through June 189
30, 2019; 190
7. Any contracts for entertainers and/or 191
performers at the Mississippi State Fairgrounds entered into by 192
the Mississippi Fair Commission; 193
8. Any contracts entered into by the 194
Department of Finance and Administration when procuring aircraft 195
maintenance, parts, equipment and/or services; 196
9. Any contract entered into by the 197
Department of Public Safety for service on specialized equipment 198
and/or software required for the operation of such specialized 199
equipment for use by the Office of Forensics Laboratories; 200
10. Any personal or professional service 201
contract entered into by the Mississippi Department of Health or 202
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the Department of Revenue solely in connection with their 203
respective responsibilities under the Mississippi Medical Cannabis 204
Act from February 2, 2022, through June 30, 2026; 205
11. Any contract for attorney, accountant, 206
actuary auditor, architect, engineer, anatomical pathologist, or 207
utility rate expert services; 208
12. Any personal service contracts approved 209
by the Executive Director of the Department of Finance and 210
Administration and entered into by the Coordinator of Mental 211
Health Accessibility through June 30, 2022; 212
13. Any personal or professional services 213
contract entered into by the State Department of Health in 214
carrying out its responsibilities under the ARPA Rural Water 215
Associations Infrastructure Grant Program through June 30, 2026; 216
14. * * * Any personal or professional 217
services contract entered into by the Mississippi Department of 218
Environmental Quality in carrying out its responsibilities under 219
the Mississippi Municipality and County Water Infrastructure Grant 220
Program Act of 2022, through June 30, 2026; 221
15. Any personal or professional services 222
contract entered into by an agency for the design, operation or 223
maintenance of museum exhibits. An agency making a purchase under 224
this exemption shall publicly advertise a Request for 225
Qualifications but shall be otherwise exempt. Any contracts 226
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arising from the use of this exemption must be approved by the 227
Public Procurement Review Board prior to execution by the agency; 228
16. Any personal or professional services 229
contract entered into by the Mississippi Department of 230
Environmental Quality in carrying out its responsibilities under 231
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 232
2028; and 233
17. Any contract entered into by the State 234
Department of Health for service on specialized equipment and/or 235
software required for the operation of such specialized equipment 236
for the use by the Public Health Laboratory. 237
Any such rules and regulations shall provide for maintaining 238
continuous internal audit covering the activities of such agency 239
affecting its revenue and expenditures as required under Section 240
7-7-3(6)(d). Any rules and regulation changes related to personal 241
and professional services contracts that the Public Procurement 242
Review Board may propose shall be submitted to the Chairs of the 243
Accountability, Efficiency and Transparency Committees of the 244
Senate and House of Representatives and the Chairs of the 245
Appropriation Committees of the Senate and House of 246
Representatives at least fifteen (15) days before the board votes 247
on the proposed changes, and those rules and regulation changes, 248
if adopted, shall be promulgated in accordance with the 249
Mississippi Administrative Procedures Act. 250
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(ii) From and after July 1, 2024, the Public 251
Procurement Review Board shall promulgate rules and regulations 252
that require the Department of Finance and Administration to 253
conduct personal and professional services solicitations as 254
provided in subparagraph (i) of this paragraph for those services 255
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 256
Department of Marine Resources, the Department of Wildlife, 257
Fisheries and Parks, the Mississippi Emergency Management Agency 258
and the Mississippi Development Authority, with assistance to be 259
provided from these entities. Any powers that have been conferred 260
upon agencies in order to comply with the provisions of this 261
section for personal and professional services solicitations shall 262
be conferred upon the Department of Finance and Administration to 263
conduct personal and professional services solicitations for the 264
Department of Marine Resources, the Department of Wildlife, 265
Fisheries and Parks, the Mississippi Emergency Management Agency 266
and the Mississippi Development Authority for those services in 267
excess of Seventy-five Thousand Dollars ($75,000.00). The 268
Department of Finance and Administration shall make any 269
submissions that are required to be made by other agencies to the 270
Public Procurement Review Board for the Department of Marine 271
Resources, the Department of Wildlife, Fisheries and Parks, the 272
Mississippi Emergency Management Agency and the Mississippi 273
Development Authority. 274
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The provisions of this subparagraph (ii) shall stand repealed 275
on June 30, 2027; 276
(g) Approve all personal and professional services 277
contracts involving the expenditures of funds in excess of 278
Seventy-five Thousand Dollars ($75,000.00), except as provided in 279
paragraph (f) of this subsection (2) and in subsection (8); 280
(h) Develop mandatory standards with respect to 281
contractual services personnel that require invitations for public 282
bid, requests for proposals, record keeping and financial 283
responsibility of contractors. The Public Procurement Review 284
Board shall, unless exempted under this paragraph (h) or under 285
paragraph (i) or (o) of this subsection (2), require the agency 286
involved to submit the procurement to a competitive procurement 287
process, and may reserve the right to reject any or all resulting 288
procurements; 289
(i) Prescribe certain circumstances by which agency 290
heads may enter into contracts for personal and professional 291
services without receiving prior approval from the Public 292
Procurement Review Board. The Public Procurement Review Board may 293
establish a preapproved list of providers of various personal and 294
professional services for set prices with which state agencies may 295
contract without bidding or prior approval from the board; 296
(i) Agency requirements may be fulfilled by 297
procuring services performed incident to the state's own programs. 298
The agency head shall determine in writing whether the price 299
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represents a fair market value for the services. When the 300
procurements are made from other governmental entities, the 301
private sector need not be solicited; however, these contracts 302
shall still be submitted for approval to the Public Procurement 303
Review Board. 304
(ii) Contracts between two (2) state agencies, 305
both under Public Procurement Review Board purview, shall not 306
require Public Procurement Review Board approval. However, the 307
contracts shall still be entered into the enterprise resource 308
planning system; 309
(j) Provide standards for the issuance of requests for 310
proposals, the evaluation of proposals received, consideration of 311
costs and quality of services proposed, contract negotiations, the 312
administrative monitoring of contract performance by the agency 313
and successful steps in terminating a contract; 314
(k) Present recommendations for governmental 315
privatization and to evaluate privatization proposals submitted by 316
any state agency; 317
(l) Authorize personal and professional service 318
contracts to be effective for more than one (1) year provided a 319
funding condition is included in any such multiple year contract, 320
except the State Board of Education, which shall have the 321
authority to enter into contractual agreements for student 322
assessment for a period up to ten (10) years. The State Board of 323
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Education shall procure these services in accordance with the 324
Public Procurement Review Board procurement regulations; 325
(m) Request the State Auditor to conduct a performance 326
audit on any personal or professional service contract; 327
(n) Prepare an annual report to the Legislature 328
concerning the issuance of personal and professional services 329
contracts during the previous year, collecting any necessary 330
information from state agencies in making such report; 331
(o) Develop and implement the following standards and 332
procedures for the approval of any sole source contract for 333
personal and professional services regardless of the value of the 334
procurement: 335
(i) For the purposes of this paragraph (o), the 336
term "sole source" means only one (1) source is available that can 337
provide the required personal or professional service. 338
(ii) An agency that has been issued a binding, 339
valid court order mandating that a particular source or provider 340
must be used for the required service must include a copy of the 341
applicable court order in all future sole source contract reviews 342
for the particular personal or professional service referenced in 343
the court order. 344
(iii) Any agency alleging to have a sole source 345
for any personal or professional service, other than those 346
exempted under paragraph (f) of this subsection (2) and subsection 347
(8), shall publish on the procurement portal website established 348
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by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 349
days, the terms of the proposed contract for those services. In 350
addition, the publication shall include, but is not limited to, 351
the following information: 352
1. The personal or professional service 353
offered in the contract; 354
2. An explanation of why the personal or 355
professional service is the only one that can meet the needs of 356
the agency; 357
3. An explanation of why the source is the 358
only person or entity that can provide the required personal or 359
professional service; 360
4. An explanation of why the amount to be 361
expended for the personal or professional service is reasonable; 362
and 363
5. The efforts that the agency went through 364
to obtain the best possible price for the personal or professional 365
service. 366
(iv) If any person or entity objects and proposes 367
that the personal or professional service published under 368
subparagraph (iii) of this paragraph (o) is not a sole source 369
service and can be provided by another person or entity, then the 370
objecting person or entity shall notify the Public Procurement 371
Review Board and the agency that published the proposed sole 372
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source contract with a detailed explanation of why the personal or 373
professional service is not a sole source service. 374
(v) 1. If the agency determines after review that 375
the personal or professional service in the proposed sole source 376
contract can be provided by another person or entity, then the 377
agency must withdraw the sole source contract publication from the 378
procurement portal website and submit the procurement of the 379
personal or professional service to an advertised competitive bid 380
or selection process. 381
2. If the agency determines after review that 382
there is only one (1) source for the required personal or 383
professional service, then the agency may appeal to the Public 384
Procurement Review Board. The agency has the burden of proving 385
that the personal or professional service is only provided by one 386
(1) source. 387
3. If the Public Procurement Review Board has 388
any reasonable doubt as to whether the personal or professional 389
service can only be provided by one (1) source, then the agency 390
must submit the procurement of the personal or professional 391
service to an advertised competitive bid or selection process. No 392
action taken by the Public Procurement Review Board in this appeal 393
process shall be valid unless approved by a majority of the 394
members of the Public Procurement Review Board present and voting. 395
(vi) The Public Procurement Review Board shall 396
prepare and submit a quarterly report to the House of 397
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Representatives and Senate Accountability, Efficiency and 398
Transparency Committees that details the sole source contracts 399
presented to the Public Procurement Review Board and the reasons 400
that the Public Procurement Review Board approved or rejected each 401
contract. These quarterly reports shall also include the 402
documentation and memoranda required in subsection (4) of this 403
section. An agency that submitted a sole source contract shall be 404
prepared to explain the sole source contract to each committee by 405
December 15 of each year upon request by the committee; 406
(p) Assess any fines and administrative penalties 407
provided for in Sections 31-7-401 through 31-7-423. 408
(3) All submissions shall be made sufficiently in advance of 409
each monthly meeting of the Public Procurement Review Board as 410
prescribed by the Public Procurement Review Board. If the Public 411
Procurement Review Board rejects any contract submitted for review 412
or approval, the Public Procurement Review Board shall clearly set 413
out the reasons for its action, including, but not limited to, the 414
policy that the agency has violated in its submitted contract and 415
any corrective actions that the agency may take to amend the 416
contract to comply with the rules and regulations of the Public 417
Procurement Review Board. 418
(4) All sole source contracts for personal and professional 419
services awarded by state agencies, other than those exempted 420
under Section 27-104-7(2)(f) and (8), whether approved by an 421
agency head or the Public Procurement Review Board, shall contain 422
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in the procurement file a written determination for the approval, 423
using a request form furnished by the Public Procurement Review 424
Board. The written determination shall document the basis for the 425
determination, including any market analysis conducted in order to 426
ensure that the service required was practicably available from 427
only one (1) source. A memorandum shall accompany the request 428
form and address the following four (4) points: 429
(a) Explanation of why this service is the only service 430
that can meet the needs of the purchasing agency; 431
(b) Explanation of why this vendor is the only 432
practicably available source from which to obtain this service; 433
(c) Explanation of why the price is considered 434
reasonable; and 435
(d) Description of the efforts that were made to 436
conduct a noncompetitive negotiation to get the best possible 437
price for the taxpayers. 438
(5) In conjunction with the State Personnel Board, the 439
Public Procurement Review Board shall develop and promulgate rules 440
and regulations to define the allowable legal relationship between 441
contract employees and the contracting departments, agencies and 442
institutions of state government under the jurisdiction of the 443
State Personnel Board, in compliance with the applicable rules and 444
regulations of the federal Internal Revenue Service (IRS) for 445
federal employment tax purposes. Under these regulations, the 446
usual common law rules are applicable to determine and require 447
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that such worker is an independent contractor and not an employee, 448
requiring evidence of lawful behavioral control, lawful financial 449
control and lawful relationship of the parties. Any state 450
department, agency or institution shall only be authorized to 451
contract for personnel services in compliance with those 452
regulations. 453
(6) No member of the Public Procurement Review Board shall 454
use his or her official authority or influence to coerce, by 455
threat of discharge from employment, or otherwise, the purchase of 456
commodities, the contracting for personal or professional 457
services, or the contracting for public construction under this 458
chapter. 459
(7) Notwithstanding any other laws or rules to the contrary, 460
the provisions of subsection (2) of this section shall not be 461
applicable to the Mississippi State Port Authority at Gulfport. 462
(8) Nothing in this section shall impair or limit the 463
authority of the Board of Trustees of the Public Employees' 464
Retirement System to enter into any personal or professional 465
services contracts directly related to their constitutional 466
obligation to manage the trust funds, including, but not limited 467
to, actuarial, custodial banks, cash management, investment 468
consultant and investment management contracts. Nothing in this 469
section shall impair or limit the authority of the State Treasurer 470
to enter into any personal or professional services contracts 471
involving the management of trust funds, including, but not 472
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limited to, actuarial, custodial banks, cash management, 473
investment consultant and investment management contracts. 474
(9) Through December 31, 2026, the provisions of this 475
section related to rental agreements or leasing of real property 476
for the purpose of conducting agency business shall not apply to 477
the Office of Workforce Development created in Section 37-153-7. 478
SECTION 2. Section 65-9-7, Mississippi Code of 1972, is 479
amended as follows: 480
65-9-7. The Division of State Aid Road Construction of the 481
Mississippi State Highway Department, is hereby authorized and 482
empowered to own and operate * * * thirteen (13) passenger 483
automobiles, the same to be purchased, owned, and operated in 484
strict accordance with the provisions of Sections 25-1-77 through 485
25-1-93, Mississippi Code of 1972. 486
SECTION 3. Section 65-9-17, Mississippi Code of 1972, is 487
amended as follows: 488
65-9-17. (1) When any county shall have met the 489
requirements of this chapter and shall have become eligible for 490
state aid, the State Aid Engineer, as soon as practicable, shall 491
notify such county in writing of such eligibility and that its 492
proportionate part of any state funds allocated to it for state 493
aid may be utilized for construction in the manner provided by 494
law, and such notice shall also be given in writing to the 495
Department of Finance and Administration and to the State 496
Treasurer. 497
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(2) State aid funds shall be allocated to each county for 498
use on state aid system roads or roads on the Local System Road 499
Program in accordance with the provisions of Section 27-65-75. 500
(3) State aid funds may be credited to a county in advance 501
of the normal accrual to finance certain state aid improvements, 502
subject to the approval of the State Aid Engineer and subject 503
further to the following limitations: 504
(a) That the maximum amount of state aid funds that may 505
be advanced to any county shall not exceed ninety percent (90%) of 506
the state aid funds estimated to accrue to such county during the 507
remainder of the term of office of the board of supervisors of 508
such county. 509
(b) That no advance credit of funds will be made to any 510
county when the unobligated balance in the State Aid Road Fund is 511
less than One Million Dollars ($1,000,000.00). 512
(c) That such advance crediting of funds be effected by 513
the State Aid Engineer at the time of the approval of the plans 514
and specifications for the proposed improvements. 515
It is the intent of this provision to utilize to the fullest 516
practicable extent the balance of state aid funds on hand at all 517
times. 518
(4) State aid funds shall be available to such county to the 519
following extent and in the following manner: 520
(a) On state aid projects, other than those on or off 521
the federal aid secondary system to be partially financed with 522
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federal funds, state aid funds credited to such county in the 523
State Aid Road Fund shall be available to cover the cost of such 524
project. Upon the awarding of a contract for such state aid 525
project, the board of supervisors of any county will, by an 526
official order of the board, authorize the State Aid Engineer to 527
set up the project fund for such project from that county's state 528
aid fund in the State Treasury. The amount of the project fund 529
will cover the estimated cost of the project, including the 530
contractor's payments and any other costs authorized under this 531
chapter to be paid from state aid funds. Withdrawals from the 532
project fund will be made by requisitions prepared by the State 533
Aid Engineer, based on estimates and other supporting statements 534
and documents prepared or approved by the county engineer, such 535
requisitions, accompanied by such estimates and statements, to be 536
directed to the Department of Finance and Administration, which 537
will issue warrants in payment thereof. Requisitions may be drawn 538
to cover the final cost of the project accepted by the boards of 539
supervisors of the counties affected and the State Aid Engineer, 540
even though such cost exceeds the aforesaid estimated project 541
fund. Whenever, in the opinion of the State Aid Engineer, it 542
should appear that any such estimate or statement of account has 543
been improperly allowed or that any road construction project is 544
not proceeding in accordance with the plans, specifications and 545
standards set up therefor, then, in such event, due notice in 546
writing shall be given the board of supervisors of such county and 547
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the contractor on such project, if any, stating the reason why 548
such account should not have been allowed or why such project is 549
not progressing satisfactorily; and if, within thirty (30) days 550
from the date of such notice in writing, such error or default is 551
not corrected to the satisfaction of the State Aid Engineer, all 552
state aid funds theretofore allocated to such eligible county 553
shall be immediately withdrawn and notice given the Department of 554
Finance and Administration and the State Treasurer that such 555
county has become ineligible therefor. Such county shall remain 556
ineligible until it again becomes eligible by satisfying the State 557
Aid Engineer as to its eligibility. 558
(b) On state aid projects on the federal aid secondary 559
system which are to be partially financed with federal funds, 560
state aid funds credited to such county in the State Aid Road Fund 561
shall be available to cover the sponsor's share of the cost of 562
such project. At the same time, the State Treasurer, on order 563
from the board of supervisors, shall transfer an amount up to one 564
hundred percent (100%) of such cost from the credit of such county 565
in the State Aid Road Fund to the credit of such county in the 566
State Highway Fund, earmarked for such project. 567
(c) State aid road funds credited to a county in the 568
State Aid Road Fund shall also be available to cover the sponsor's 569
cost of any other project of such county which is partially 570
financed with federal funds available through federal "safer 571
off-system" road funds and/or other federal road funds allocated 572
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to the counties as provided for in accordance with Section 573
65-9-29(2). On order from the board of supervisors of such 574
county, the State Treasurer shall transfer an amount up to one 575
hundred percent (100%) of such cost from the credit of such county 576
in the State Aid Road Fund to the credit of such county in the 577
State Highway Fund, earmarked for such project. 578
(d) Up to one-third (1/3) of state aid road funds 579
credited to a county in the State Aid Road Fund may be available 580
to match federal bridge replacement monies or other federal funds, 581
or both, to construct, replace, inspect or post bridges and to 582
conduct pavement management surveys on county roads which are not 583
on the state aid system. To implement such projects, the State 584
Treasurer shall, as requested in an order from the board of 585
supervisors of the county, make transfers out of the credit of 586
such county in the State Aid Road Fund. 587
(e) Up to twenty-five percent (25%) of the state aid 588
road funds credited to a county in the State Aid Road Fund may be 589
available for projects authorized under the Local System Road 590
Program. Withdrawals from the fund for the Local System Road 591
Program will be made by requisitions prepared by the State Aid 592
Engineer, based on estimates and other supporting statements and 593
documents prepared or approved by the county engineer; such 594
requisitions, accompanied by such estimates and statements, to be 595
directed to the Department of Finance and Administration, which 596
will issue warrants in payment thereof. Requisitions may be drawn 597
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to cover the final cost of the local system road project accepted 598
by the boards of supervisors of the counties affected and the 599
State Aid Engineer even though such cost exceeds the aforesaid 600
estimated project fund. Whenever, in the opinion of the State Aid 601
Engineer, it should appear that any such estimate or statement of 602
account has been improperly allowed or that any road construction 603
project is not proceeding in accordance with the plans, 604
specifications and standards set up therefor, then, in such event, 605
due notice in writing shall be given the board of supervisors of 606
such county and the contractor on such project, if any, stating 607
the reason why such account should not have been allowed or why 608
such project is not progressing satisfactorily; and if, within 609
thirty (30) days from the date of such notice in writing, such 610
error or default is not corrected to the satisfaction of the State 611
Aid Engineer, all state aid funds theretofore allocated to such 612
eligible county shall be immediately withdrawn and notice given 613
the Department of Finance and Administration and the State 614
Treasurer that such county has become ineligible therefor. Such 615
county shall remain ineligible until it again becomes eligible by 616
satisfying the State Aid Engineer as to its eligibility. 617
(5) The State Treasurer is hereby authorized to continue to 618
receive and deposit all funds from the federal government made 619
available by it, either by existing law or by any law which may be 620
passed hereafter, to the credit of the State Highway Fund, and the 621
Treasurer shall notify the commission of the amounts so received. 622
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All accounts against the above-mentioned funds shall be 623
certified to by the Executive Director of the Mississippi 624
Department of Transportation, who shall request the Department of 625
Finance and Administration to issue its warrant on the State 626
Treasurer for the amount of the accounts; and the Treasurer shall 627
pay same if sufficient funds are available, all in the manner 628
prescribed herein or as may be required by law. 629
(6) The board of supervisors of each county is hereby 630
authorized and empowered to pay funds into the State Treasury in 631
the manner above set out, and to use and expend such funds for the 632
purposes set out in this chapter. For the purpose of providing 633
such funds, the board of supervisors is hereby authorized and 634
empowered to use and expend any county road and bridge funds, 635
including revenue received from any gasoline taxes paid to such 636
county, or any funds available in the General Fund, or to issue 637
road and bridge bonds of such county in any lawful amount in the 638
manner and method and subject to the restrictions, limitations and 639
conditions, and payable from the same sources of revenue, now 640
provided by law. 641
(7) (a) In addition to any other provisions of this 642
section, funds deposited into the State Aid Road Fund under 643
Section 27-67-31(g) shall be used under this chapter to prioritize 644
the timely repair and replacement of deficient state aid system 645
bridges. Each county shall be allocated a percentage of such 646
funds as they become available, which percentage shall be based: 647
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(i) One-half (1/2) on the proportion that the 648
total number of state aid system bridges in the county bears to 649
the total number of state aid system bridges in all counties of 650
the state; and 651
(ii) One-half (1/2) on the proportion that the 652
total square footage of deck area of all state aid system bridges 653
in the county bears to the total square footage of deck area of 654
all state aid system bridges in all counties of the state. 655
(b) For the purposes of this subsection, (i) the term 656
"deficient bridge" means a bridge with a condition rating of fair 657
or less for its deck, superstructure or substructure, as 658
determined by National Bridge Inspection Standards and that is 659
included on the latest annual bridge inventory prepared by the 660
Office of State Aid Road Construction and (ii) the term "state aid 661
system bridge" means a bridge that is included on the latest 662
annual official bridge inventory prepared by the Office of State 663
Aid Road Construction, excluding bridges on the local bridge 664
system and the rural major collector system. 665
(8) (a) Whenever a county fails to expend the monies 666
allocated to it to repair and replace deficient state aid system 667
bridges in its county under the State Aid Road Fund, as described 668
in this chapter, for an uninterrupted period of two (2) successive 669
fiscal years, the county shall forfeit and no longer be entitled 670
to the outstanding cumulative balance on hand of the monies that 671
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were allocated to it under the State Aid Road Fund before that 672
period of time. 673
(b) Monies forfeited each fiscal year under the 674
provisions of this subsection (8) shall be reallocated annually 675
among only those counties that are determined by the State Aid 676
Engineer to have State Aid Road Fund projects for deficient 677
bridges that are ready for construction but are not being 678
undertaken due to lack of funds. 679
SECTION 4. Section 65-37-7, Mississippi Code of 1972, 680
is amended as follows: 681
65-37-7. (1) In order for a county to be eligible for the 682
expenditure of funds under the provisions of this chapter, the 683
board of supervisors of the county shall meet the following 684
conditions: 685
(a) On or before January 1, 1995, and on or before 686
January 1 of each year thereafter, the board of supervisors shall 687
present to the State Aid Engineer on a form to be prepared by the 688
State Aid Engineer, a four-year plan of bridge replacement and 689
rehabilitation for the county. The plan shall identify the 690
project or projects and shall contain a detailed plan prepared and 691
approved by the engineer for the county. The plan shall specify 692
the condition of the existing bridges included in the project, the 693
drainage requirements, the type of replacement or rehabilitation 694
to be made and the design and specifications therefor. Four-year 695
plans may be modified each year or more often as necessary 696
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provided that the modifications are submitted to the State Aid 697
Engineer. 698
(b) The county shall agree to employ a qualified 699
engineer and such other technical experts as may be necessary to 700
perform all engineering services required for the projects. The 701
engineer shall be required to inspect the construction of the 702
projects and to approve all estimate payments made on the 703
projects. 704
(c) The county and municipalities shall agree to 705
construct, at their own expense, the base and surface of all 706
approaches providing necessary connections to each bridge project 707
within their respective jurisdictions, including the base and 708
surface for culvert projects whenever fill material is placed as 709
part of the contract. 710
(d) The county and municipalities shall agree to 711
acquire all rights-of-way and relocate or make adjustments to 712
public utilities for each bridge project within their respective 713
jurisdictions as may be necessary in the manner provided by law 714
for the acquisition of rights-of-way and the uniform policy for 715
accommodation of utility facilities within the rights-of-way of 716
state aid roads as adopted by the State Aid Engineer under 717
authority of Section 65-9-1 et seq. Rights-of-way may be acquired 718
by gift, purchase, deed, dedication or eminent domain. The only 719
costs that may be paid from funds provided under this chapter for 720
right-of-way acquisition shall be the actual cost paid by the 721
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county to the landowner for the land acquired as certified to the 722
State Aid Engineer by the attorney for the board of supervisors. 723
The only cost that may be paid from funds provided under this 724
chapter for utility adjustments shall be the actual cost paid by 725
the county for utility adjustments pursuant to contract let by the 726
county as certified to the State Aid Engineer by order of the 727
board of supervisors. 728
(2) A county shall not be eligible for the expenditure of 729
monies allocated to it under this chapter and the State Aid 730
Engineer shall not certify the use or expenditure of such monies 731
on any bridge that is not a deficient bridge as defined by Section 732
65-37-3(1)(a), unless the State Aid Engineer certifies that all 733
bridges on the local road system within the county for which funds 734
may be made available under this chapter that are deficient are 735
currently under contract for replacement or rehabilitation. When 736
the State Aid Engineer certifies that all deficient bridges within 737
the county are currently under contract for replacement or 738
rehabilitation, then that county shall: 739
(a) Be eligible for the expenditure of funds allocated 740
to it according to the formula established in Section 741
65-37-3(2)(a) for: 742
(i) The maintenance and replacement of other 743
drainage-related structures in accordance with designs and 744
standards prescribed for such projects by the Office of State Aid 745
Road Construction; 746
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(ii) The Local System Road Program established 747
pursuant to Sections 65-18-1 through 65-18-17; and 748
(iii) The matching of federal funds for 749
expenditure on state aid roads and bridge replacement in 750
accordance with Section 65-9-29; and 751
(b) Be eligible for the expenditure of funds allocated 752
to it according to the formula established in Section 753
65-37-3(2)(b) solely for the preservation, maintenance and 754
rehabilitation of local system bridges of the county which are 755
deficient bridges as defined in Section 65-37-3(1)(a). 756
(3) (a) Except as otherwise provided in paragraph (d) of 757
this subsection (3), when a county has failed to expend the monies 758
allocated to it under the Local System Bridge Replacement and 759
Rehabilitation Program, as described in this chapter, for an 760
uninterrupted period of two (2) successive fiscal years, the 761
county shall forfeit and no longer be entitled to the outstanding 762
cumulative balance on hand of the monies that were allocated to it 763
under the program before that period of time. 764
(b) The county is eligible to receive funds allocated 765
to it in fiscal years occurring after that period of time that 766
caused a forfeiture under the provisions of paragraph (a) of this 767
subsection (3), unless it so forfeits monies again under that 768
provision. 769
(c) Monies forfeited each fiscal year under the 770
provisions of this subsection (3) shall be reallocated annually 771
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among only those counties that are determined by the State Aid 772
Engineer to have Local System Bridge Replacement and 773
Rehabilitation Program projects or other deficient bridge projects 774
that are ready for construction but are not being undertaken due 775
to lack of funds. 776
(d) Before a forfeiture of funds may occur under the 777
provisions of paragraph (a) of this subsection (3), the State Aid 778
Engineer shall give written notice to the board of supervisors of 779
the county at least ninety (90) days before the forfeiture, and 780
for good cause shown, he may allow the county an additional twelve 781
(12) months to expend the funds subject to the forfeiture. 782
SECTION 5. Section 65-37-15, Mississippi Code of 1972, is 783
amended as follows: 784
65-37-15. Notwithstanding any other provisions of this 785
chapter, when all deficient bridges, as defined by Section 786
65-37-3(1)(a), of a county have been replaced or are under 787
contract for replacement or rehabilitation, then monies in the 788
Local System Bridge Replacement and Rehabilitation Fund created 789
under Section 65-37-13, that are allocated to a particular county 790
may be expended for (a) the purpose of paying the principal, 791
interest and debt service on any bonds, notes or obligations 792
issued or incurred by that county before July 1, 1994, for the 793
purpose of replacing or rehabilitating any bridge or 794
drainage-related structure on any highway, road or street under 795
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ST: Office of State Aid Road Construction;
exempt from PPRB approval for certain contracts
and revise related sections.
the jurisdiction of that county, or (b) on deficient bridges in 796
the State Aid Road System * * *. 797
SECTION 6. This act shall take effect and be in force from 798
and after July 1, 2026. 799