Office of State Aid Road Construction; revise authority for use and reallocation of forfeited funds for roads and bridges.

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To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Massengill

HOUSE BILL NO. 1725

AN ACT TO CREATE THE STATE AID AND LOCAL SYSTEM BRIDGE 1
FORFEITURE RESERVE FUND IN THE STATE TREASURY FOR THE PURPOSE OF 2
HOLDING AND REUSING BRIDGE MONIES FORFEITED BY COUNTIES DUE TO 3
NONCOMPLIANCE OR FAILURE TO SPEND FUNDS; TO AMEND SECTIONS 4
65-9-17, 65-9-27, 65-37-5, 65-37-7, 65-37-11, 65-37-15, 5
MISSISSIPPI CODE OF 1972, TO STRENGTHEN AND STANDARDIZE THE 6
PROCESS BY WHICH FORFEITED FUNDS ARE REDISTRIBUTED TO COUNTIES 7
THAT ARE ELIGIBLE AND ACTIVELY REDUCING THE INVENTORY OF DEFICIENT 8
BRIDGES WITHIN THOSE COUNTIES; TO UPDATE ALLOCATION FORMULAS AND 9
ELIGIBILITY RULES WITHIN THE STATE AID ROAD, LOCAL SYSTEM ROAD AND 10
LOCAL SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAMS; TO 11
BRING FORWARD SECTIONS 65-21-1 AND 65-37-3, MISSISSIPPI CODE OF 12
1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; TO AMEND SECTION 13
27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT THE OFFICE OF STATE 14
AID ROAD CONSTRUCTIONS' AUTHORITY TO ENTER INTO PERSONAL SERVICE 15
CONTRACTS FROM THE OVERSIGHT AND REVIEW OF THE PUBLIC PROCUREMENT 16
REVIEW BOARD; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. (1) There is created in the State Treasury a 19
special fund to be designated as the "State Aid and Local System 20
Bridge Forfeiture Reserve Fund." The fund shall consist of monies 21
originally allocated to and subsequently forfeited by counties 22
under the provisions of Sections 65-9-27, 65-37-7 and 65-37-11, 23
and which the State Aid Engineer is authorized to transfer from 24
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the "Local System Bridge Replacement and Rehabilitation Fund" or 25
the "State Aid Road Fund" and deposit into the fund. 26
(2) Monies that are transferred and deposited into the fund 27
under the provisions of this section may be expended upon 28
requisition therefor by the State Aid Engineer to be used 29
interchangeably for the support of counties which reestablish 30
eligibility for funding allocations under the state aid local 31
system bridge programs as the inventory of deficient bridges 32
decreases within those said counties. Unexpended amounts 33
remaining in the fund at the end of a fiscal year shall not lapse 34
into the State General Fund, and any interest earned on amounts in 35
the fund shall be deposited to the credit of the State Aid and 36
Local System Bridge Forfeiture Reserve Fund. 37
(3) Monies in the State Aid and Local System Bridge 38
Forfeiture Reserve Fund shall be allocated and become available 39
for distribution to counties in accordance with the guidelines 40
established by the Office of State Aid Road Construction as 41
prescribed in Sections 65-9-27, 65-37-7 and 65-37-11 for the use 42
of forfeited funds, on an as needed basis for those counties whose 43
inventory of deficient state aid and local system bridges is 44
reduced as corrections are made to replace or rehabilitate 45
deficient bridges located therein. Monies in the State Aid and 46
Local System Bridge Forfeiture Reserve Fund may not be used or 47
expended for any purpose except as authorized under Sections 48
65-9-1 et seq. and 65-37-1 et seq. 49
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(4) Monies in the State Aid and Local System Bridge 50
Forfeiture Reserve Fund may be credited to a county for specified 51
bridge projects, subject to the approval of the State Aid Engineer 52
upon a determination by the Office of State Aid Road Construction 53
that: 54
(a) The county has made application to the office 55
requesting an allocation of reserve funds; 56
(b) The county is not out of compliance, and therefore 57
eligible for receipt and expenditure of the funds; 58
(c) The county has taken substantial efforts to reduce 59
its inventory of deficient bridges with corrections made to the 60
satisfaction of the State Aid Engineer; and 61
(d) The unobligated balance in the State Aid and Local 62
System Bridge Forfeiture Reserve Fund is not less than One Million 63
Dollars ($1,000,000.00). 64
It is the intent of this provision to utilize to the fullest 65
practicable extent the balance of monies in the State Aid and 66
Local System Bridge Forfeiture Reserve Fund on hand at all times 67
to provide additional funding assistance to counties for 68
applicable bridge projects located therein which are approved by 69
the State Aid Engineer as eligible for receipt of funds. 70
SECTION 2. Section 65-9-17, Mississippi Code of 1972, is 71
amended as follows: 72
65-9-17. (1) When any county shall have met the 73
requirements of this chapter and shall have become eligible for 74
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state aid, the State Aid Engineer, as soon as practicable, shall 75
notify such county in writing of such eligibility and that its 76
proportionate part of any state funds allocated to it for state 77
aid may be utilized for construction in the manner provided by 78
law, and such notice shall also be given in writing to the 79
Department of Finance and Administration and to the State 80
Treasurer. 81
(2) State aid funds shall be allocated to each county for 82
use on state aid system roads or roads on the Local System Road 83
Program in accordance with the provisions of Section 27-65-75. 84
(3) State aid funds may be credited to a county in advance 85
of the normal accrual to finance certain state aid improvements, 86
subject to the approval of the State Aid Engineer and subject 87
further to the following limitations: 88
(a) That the maximum amount of state aid funds that may 89
be advanced to any county shall not exceed ninety percent (90%) of 90
the state aid funds estimated to accrue to such county during the 91
remainder of the term of office of the board of supervisors of 92
such county. 93
(b) That no advance credit of funds will be made to any 94
county when the unobligated balance in the State Aid Road Fund is 95
less than One Million Dollars ($1,000,000.00). 96
(c) That such advance crediting of funds be effected by 97
the State Aid Engineer at the time of the approval of the plans 98
and specifications for the proposed improvements. 99
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It is the intent of this provision to utilize to the fullest 100
practicable extent the balance of state aid funds on hand at all 101
times. 102
(4) State aid funds shall be available to such county to the 103
following extent and in the following manner: 104
(a) On state aid projects, other than those on or off 105
the federal aid secondary system to be partially financed with 106
federal funds, state aid funds credited to such county in the 107
State Aid Road Fund shall be available to cover the cost of such 108
project. Upon the awarding of a contract for such state aid 109
project, the board of supervisors of any county will, by an 110
official order of the board, authorize the State Aid Engineer to 111
set up the project fund for such project from that county's state 112
aid fund in the State Treasury. The amount of the project fund 113
will cover the estimated cost of the project, including the 114
contractor's payments and any other costs authorized under this 115
chapter to be paid from state aid funds. Withdrawals from the 116
project fund will be made by requisitions prepared by the State 117
Aid Engineer, based on estimates and other supporting statements 118
and documents prepared or approved by the county engineer, such 119
requisitions, accompanied by such estimates and statements, to be 120
directed to the Department of Finance and Administration, which 121
will issue warrants in payment thereof. Requisitions may be drawn 122
to cover the final cost of the project accepted by the boards of 123
supervisors of the counties affected and the State Aid Engineer, 124
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even though such cost exceeds the aforesaid estimated project 125
fund. Whenever, in the opinion of the State Aid Engineer, it 126
should appear that any such estimate or statement of account has 127
been improperly allowed or that any road construction project is 128
not proceeding in accordance with the plans, specifications and 129
standards set up therefor, then, in such event, due notice in 130
writing shall be given the board of supervisors of such county and 131
the contractor on such project, if any, stating the reason why 132
such account should not have been allowed or why such project is 133
not progressing satisfactorily; and if, within thirty (30) days 134
from the date of such notice in writing, such error or default is 135
not corrected to the satisfaction of the State Aid Engineer, all 136
state aid funds theretofore allocated to such eligible county 137
shall be immediately withdrawn and notice given the Department of 138
Finance and Administration and the State Treasurer that such 139
county has become ineligible therefor. Such county shall remain 140
ineligible until it again becomes eligible by satisfying the State 141
Aid Engineer as to its eligibility. 142
(b) On state aid projects on the federal aid secondary 143
system which are to be partially financed with federal funds, 144
state aid funds credited to such county in the State Aid Road Fund 145
shall be available to cover the sponsor's share of the cost of 146
such project. At the same time, the State Treasurer, on order 147
from the board of supervisors, shall transfer an amount up to one 148
hundred percent (100%) of such cost from the credit of such county 149
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in the State Aid Road Fund to the credit of such county in the 150
State Highway Fund, earmarked for such project. 151
(c) State aid road funds credited to a county in the 152
State Aid Road Fund shall also be available to cover the sponsor's 153
cost of any other project of such county which is partially 154
financed with federal funds available through federal "safer 155
off-system" road funds and/or other federal road funds allocated 156
to the counties as provided for in accordance with Section 157
65-9-29(2). On order from the board of supervisors of such 158
county, the State Treasurer shall transfer an amount up to one 159
hundred percent (100%) of such cost from the credit of such county 160
in the State Aid Road Fund to the credit of such county in the 161
State Highway Fund, earmarked for such project. 162
(d) Up to one-third (1/3) of state aid road funds 163
credited to a county in the State Aid Road Fund may be available 164
to match federal bridge replacement monies or other federal funds, 165
or both, to construct, replace, inspect or post bridges and to 166
conduct pavement management surveys on county roads which are not 167
on the state aid system. To implement such projects, the State 168
Treasurer shall, as requested in an order from the board of 169
supervisors of the county, make transfers out of the credit of 170
such county in the State Aid Road Fund. 171
(e) Up to twenty-five percent (25%) of the state aid 172
road funds credited to a county in the State Aid Road Fund may be 173
available for projects authorized under the Local System Road 174
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Program. Withdrawals from the fund for the Local System Road 175
Program will be made by requisitions prepared by the State Aid 176
Engineer, based on estimates and other supporting statements and 177
documents prepared or approved by the county engineer; such 178
requisitions, accompanied by such estimates and statements, to be 179
directed to the Department of Finance and Administration, which 180
will issue warrants in payment thereof. Requisitions may be drawn 181
to cover the final cost of the local system road project accepted 182
by the boards of supervisors of the counties affected and the 183
State Aid Engineer even though such cost exceeds the aforesaid 184
estimated project fund. Whenever, in the opinion of the State Aid 185
Engineer, it should appear that any such estimate or statement of 186
account has been improperly allowed or that any road construction 187
project is not proceeding in accordance with the plans, 188
specifications and standards set up therefor, then, in such event, 189
due notice in writing shall be given the board of supervisors of 190
such county and the contractor on such project, if any, stating 191
the reason why such account should not have been allowed or why 192
such project is not progressing satisfactorily; and if, within 193
thirty (30) days from the date of such notice in writing, such 194
error or default is not corrected to the satisfaction of the State 195
Aid Engineer, all state aid funds theretofore allocated to such 196
eligible county shall be immediately withdrawn and notice given 197
the Department of Finance and Administration and the State 198
Treasurer that such county has become ineligible therefor. Such 199
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county shall remain ineligible until it again becomes eligible by 200
satisfying the State Aid Engineer as to its eligibility. 201
(5) The State Treasurer is hereby authorized to continue to 202
receive and deposit all funds from the federal government made 203
available by it, either by existing law or by any law which may be 204
passed hereafter, to the credit of the State Highway Fund, and the 205
Treasurer shall notify the commission of the amounts so received. 206
All accounts against the above-mentioned funds shall be 207
certified to by the Executive Director of the Mississippi 208
Department of Transportation, who shall request the Department of 209
Finance and Administration to issue its warrant on the State 210
Treasurer for the amount of the accounts; and the Treasurer shall 211
pay same if sufficient funds are available, all in the manner 212
prescribed herein or as may be required by law. 213
(6) The board of supervisors of each county is hereby 214
authorized and empowered to pay funds into the State Treasury in 215
the manner above set out, and to use and expend such funds for the 216
purposes set out in this chapter. For the purpose of providing 217
such funds, the board of supervisors is hereby authorized and 218
empowered to use and expend any county road and bridge funds, 219
including revenue received from any gasoline taxes paid to such 220
county, or any funds available in the General Fund, or to issue 221
road and bridge bonds of such county in any lawful amount in the 222
manner and method and subject to the restrictions, limitations and 223
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conditions, and payable from the same sources of revenue, now 224
provided by law. 225
(7) (a) In addition to any other provisions of this 226
section, funds deposited into the State Aid Road Fund under 227
Section 27-67-31(g) shall be used under this chapter to prioritize 228
the timely repair and replacement of deficient state aid system 229
bridges. Each county shall be allocated a percentage of such 230
funds as they become available, which percentage shall be based: 231
(i) One-half (1/2) on the proportion that the 232
total number of state aid system bridges in the county bears to 233
the total number of state aid system bridges in all counties of 234
the state; and 235
(ii) One-half (1/2) on the proportion that the 236
total square footage of deck area of all state aid system bridges 237
in the county bears to the total square footage of deck area of 238
all state aid system bridges in all counties of the state. 239
(b) For the purposes of this subsection * * *: 240
(i) * * * "Deficient bridge" means a bridge with a 241
condition rating of fair or less for its deck, superstructure or 242
substructure, as determined by National Bridge Inspection 243
Standards and that is included on the latest annual bridge 244
inventory prepared by the Office of State Aid Road Construction; 245
and 246
(ii) * * * "State aid system bridge" means a 247
bridge that is included on the latest annual official bridge 248
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inventory prepared by the Office of State Aid Road Construction, 249
excluding bridges on the local bridge system and the rural major 250
collector system. 251
SECTION 3. Section 65-9-27, Mississippi Code of 1972, is 252
amended as follows: 253
65-9-27. Whenever any county is ineligible for state aid 254
under the provisions of this chapter for a continuous period of 255
four (4) years, then * * * the county shall forfeit * * * any part 256
of the funds in the State Aid Road Fund theretofore allocated to 257
it until such time that the county becomes compliant with 258
correcting any deficiencies giving rise to the ineligibility to 259
the satisfaction of the State Aid Engineer * * *. The balance 260
of * * * those funds so theretofore allocated to * * * the 261
forfeiting county shall be maintained in an interest-bearing, 262
itemized reserve account associated with State Aid Road Fund 263
within the State Treasury. If the forfeiting county remains 264
noncompliant and therefor ineligible for receipt or expenditure of 265
those funds within an additional period of time established by the 266
Office of State Aid Road Construction, the remainder of the 267
outstanding cumulative balance of the county's funds shall be 268
forfeited for transfer into the State Aid and Local System Bridge 269
Forfeiture Reserve Fund * * * by the State Aid Engineer to be 270
allocated to all other eligible counties, * * * on an as needed 271
basis, for purposes of making corrections to replace or 272
rehabilitate deficient bridges located therein. 273
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SECTION 4. Section 65-21-1, Mississippi Code of 1972, is 274
brought forward as follows: 275
65-21-1. All bridges and culverts hereafter built, rebuilt, 276
or placed in the traveled way of any public road in this state 277
shall conform to the design standards in effect at the time of 278
design and shall extend across the full width of the crown of the 279
roadway. On roads having a design width greater than sixteen feet 280
(16ʹ), bridges shall be not less than sixteen feet (16ʹ) wide. 281
All bridges hereafter built or rebuilt shall be built with 282
railings or barriers and appropriate hazard marking signs on 283
either side. This section shall not apply to public highways in 284
this state within the area of, or contingent to, any national 285
forest or reforestation project, which have been or may be taken 286
over, constructed, or reconstructed by a department of the 287
national government, may have bridges or culverts the width of 288
said highways, bridges and culverts be less than twelve feet (12ʹ) 289
wide. 290
SECTION 5. Section 65-37-3, Mississippi Code of 1972, is 291
brought forward as follows: 292
65-37-3. (1) For the purposes of this section, the 293
following terms shall have the meanings ascribed to them in this 294
subsection: 295
(a) "Deficient bridge" means a bridge with a condition 296
rating of fair or less for its deck, superstructure or 297
substructure, as determined by National Bridge Inspection 298
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Standards and that is included on the latest annual bridge 299
inventory prepared by the Office of State Aid Road Construction. 300
(b) "Local system road miles" means all highways, roads 301
and streets within a county, including highways, roads and streets 302
within incorporated municipalities of the county, that are not 303
included on the designated state highway system. 304
(c) "Local system bridge" means a bridge that is 305
included on the latest annual official bridge inventory prepared 306
by the Office of State Aid Road Construction, excluding bridges on 307
the state aid road system, the municipal urban system and the 308
rural major collector system. 309
(d) "Bridge" means a bridge that is included on the 310
latest annual official bridge inventory prepared by the Office of 311
State Aid Road Construction. 312
(2) (a) Except as otherwise provided in paragraph (b) of 313
this subsection (2), from the funds on deposit and credited to the 314
Local System Bridge Replacement and Rehabilitation Fund created in 315
Section 65-37-13, each county shall be allocated a percentage of 316
such funds as they become available, which percentage shall be 317
based: 318
(i) One-half (1/2) on the proportion that the 319
total number of deficient bridges in the county bears to the total 320
number of deficient bridges in all counties of the state; and 321
(ii) One-half (1/2) on the proportion that the 322
total number of local system road miles in the county bears to the 323
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total number of local system road miles in all counties of the 324
state. 325
(b) From the funds on deposit and credited to the Local 326
System Bridge Replacement and Rehabilitation Fund created in 327
Section 65-37-13, which are deposited into this fund after the 328
effective date of this act, each county shall be allocated a 329
percentage of such funds as they become available, which 330
percentage shall be based: 331
(i) One-half (1/2) on the proportion that the 332
total number of local system bridges in the county bears to the 333
total number of local system bridges in all counties of the state; 334
and 335
(ii) One-half (1/2) on the proportion that the 336
total square footage of deck area of all local system bridges in 337
the county bears to the total square footage of deck area of all 338
local system bridges in all counties of the state. 339
SECTION 6. Section 65-37-5, Mississippi Code of 1972, is 340
amended as follows: 341
65-37-5. In administering the provisions of this chapter, 342
the State Aid Engineer shall have the following powers and duties: 343
(a) To supervise the use of all funds made available 344
under this chapter for local bridge replacement and rehabilitation 345
projects on local road systems; 346
(b) To review and certify all projects for which funds 347
are authorized to be made available under this chapter for local 348
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bridge replacement and rehabilitation projects on local road 349
systems; 350
(c) To requisition monies in the Local System Bridge 351
Replacement and Rehabilitation Fund and pay and distribute those 352
monies on a project-by-project basis in accordance with the 353
allocation formula established by Section 65-37-3; 354
(d) To insure that each four-year plan submitted by a 355
county to the State Aid Engineer and the funds allocated to a 356
county under this chapter provide for an equitable distribution of 357
projects and funds among the county and incorporated 358
municipalities located therein based upon the number and costs of 359
deficient bridges in both the county and the municipalities; 360
(e) To establish and require specific designs and 361
standards to be followed by the counties in replacing and 362
rehabilitating bridges under this chapter, which designs and 363
standards shall equal or exceed the design and standards 364
prescribed for bridges on the state aid road system; 365
(f) To maintain an accurate record of all local bridge 366
replacement and rehabilitation funds allocated to counties and of 367
the number of bridges replaced or rehabilitated, their location 368
and the costs for each project. Such records shall be kept 369
separate from other records of the Office of State Aid Road 370
Construction; 371
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(g) To periodically notify the counties of bridges 372
eligible for replacement and rehabilitation under the provisions 373
of this chapter; 374
(h) To adopt and promulgate such rules and regulations 375
as may be necessary or desirable for the purpose of implementing 376
the provisions of this chapter; * * * 377
(i) To file annually with the Legislature a report 378
detailing how monies in the Local System Bridge Replacement and 379
Rehabilitation Fund were spent during the preceding fiscal year in 380
each county, including in the incorporated municipalities of each 381
county, the number of projects approved and constructed, the 382
length of bridges completed and the cost per foot of each bridge 383
constructed * * *; and 384
(j) To supervise the establishment and use of the State 385
Aid and Local System Bridge Forfeiture Reserve Fund as a separate 386
interest-bearing reserve account into which funds forfeited by 387
counties, due to noncompliance, shall be deposited for purposes of 388
being allocated to all other eligible counties, on an as needed 389
basis, for purposes of making corrections to replace or 390
rehabilitate deficient bridges located therein in accordance with 391
this chapter upon a determination by the State Aid Engineer that 392
the county is no longer out of compliance, and therefore eligible 393
for receipt and expenditure of the funds. 394
SECTION 7. Section 65-37-7, Mississippi Code of 1972, is 395
amended as follows: 396
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65-37-7. (1) In order for a county to be eligible for the 397
expenditure of funds under the provisions of this chapter, the 398
board of supervisors of the county shall meet the following 399
conditions: 400
(a) On or before January 1, 1995, and on or before 401
January 1 of each year thereafter, the board of supervisors shall 402
present to the State Aid Engineer on a form to be prepared by the 403
State Aid Engineer, a four-year plan of bridge replacement and 404
rehabilitation for the county. The plan shall identify the 405
project or projects and shall contain a detailed plan prepared and 406
approved by the engineer for the county. The plan shall specify 407
the condition of the existing bridges included in the project, the 408
drainage requirements, the type of replacement or rehabilitation 409
to be made and the design and specifications therefor. Four-year 410
plans may be modified each year or more often as necessary 411
provided that the modifications are submitted to the State Aid 412
Engineer. 413
(b) The county shall agree to employ a qualified 414
engineer and such other technical experts as may be necessary to 415
perform all engineering services required for the projects. The 416
engineer shall be required to inspect the construction of the 417
projects and to approve all estimate payments made on the 418
projects. 419
(c) The county and municipalities shall agree to 420
construct, at their own expense, the base and surface of all 421
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approaches providing necessary connections to each bridge project 422
within their respective jurisdictions, including the base and 423
surface for culvert projects whenever fill material is placed as 424
part of the contract. 425
(d) The county and municipalities shall agree to 426
acquire all rights-of-way and relocate or make adjustments to 427
public utilities for each bridge project within their respective 428
jurisdictions as may be necessary in the manner provided by law 429
for the acquisition of rights-of-way and the uniform policy for 430
accommodation of utility facilities within the rights-of-way of 431
state aid roads as adopted by the State Aid Engineer under 432
authority of Section 65-9-1 et seq. Rights-of-way may be acquired 433
by gift, purchase, deed, dedication or eminent domain. The only 434
costs that may be paid from funds provided under this chapter for 435
right-of-way acquisition shall be the actual cost paid by the 436
county to the landowner for the land acquired as certified to the 437
State Aid Engineer by the attorney for the board of supervisors. 438
The only cost that may be paid from funds provided under this 439
chapter for utility adjustments shall be the actual cost paid by 440
the county for utility adjustments pursuant to contract let by the 441
county as certified to the State Aid Engineer by order of the 442
board of supervisors. 443
(2) A county shall not be eligible for the expenditure of 444
monies allocated to it under this chapter and the State Aid 445
Engineer shall not certify the use or expenditure of such monies 446
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on any bridge that is not a deficient bridge as defined by Section 447
65-37-3(1)(a), unless the State Aid Engineer certifies that all 448
bridges on the local road system within the county for which funds 449
may be made available under this chapter that are deficient are 450
currently under contract for replacement or rehabilitation. When 451
the State Aid Engineer certifies that all deficient bridges within 452
the county are currently under contract for replacement or 453
rehabilitation, then that county shall: 454
(a) Be eligible for the expenditure of funds allocated 455
to it according to the formula established in Section 456
65-37-3(2)(a) for: 457
(i) The maintenance and replacement of other 458
drainage-related structures in accordance with designs and 459
standards prescribed for such projects by the Office of State Aid 460
Road Construction; 461
(ii) The Local System Road Program established 462
pursuant to Sections 65-18-1 through 65-18-17; and 463
(iii) The matching of federal funds for 464
expenditure on state aid roads and bridge replacement in 465
accordance with Section 65-9-29; and 466
(b) Be eligible for the expenditure of funds allocated 467
to it according to the formula established in Section 468
65-37-3(2)(b) solely for the preservation, maintenance and 469
rehabilitation of local system bridges of the county which are 470
deficient bridges as defined in Section 65-37-3(1)(a). 471
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(3) (a) Except as otherwise provided in paragraph (d) of 472
this subsection (3), when a county has failed to expend the monies 473
allocated to it under the Local System Bridge Replacement and 474
Rehabilitation Program, as described in this chapter, for an 475
uninterrupted period of two (2) successive fiscal years, the 476
county shall forfeit and no longer be entitled to the outstanding 477
cumulative balance on hand of the monies that were allocated to it 478
under the program before that period of time. 479
(b) The county is eligible to receive funds allocated 480
to it in fiscal years occurring after that period of time that 481
caused a forfeiture under the provisions of paragraph (a) of this 482
subsection (3), unless it so forfeits monies again under that 483
provision. 484
(c) Monies forfeited each fiscal year under the 485
provisions of this subsection (3) shall be transferred into State 486
Aid and Local System Bridge Forfeiture Reserve Fund and * * * 487
allocated, on an as needed basis, among * * * eligible counties 488
that are determined by the State Aid Engineer to have completed 489
all projects in the respective county that are included on the 490
annual official bridge inventory prepared by the Office of State 491
Aid Road Construction * * * for the purpose of providing 492
additional funding assistance for making corrections to replace or 493
rehabilitate deficient bridges. 494
(d) Before a forfeiture of funds may occur under the 495
provisions of paragraph (a) of this subsection (3), the State Aid 496
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Engineer shall give written notice to the board of supervisors of 497
the county at least ninety (90) days before the forfeiture, and 498
for good cause shown, he may allow the county an additional twelve 499
(12) months to expend the funds subject to the forfeiture. 500
SECTION 8. Section 65-37-11, Mississippi Code of 1972, is 501
amended as follows: 502
65-37-11. (1) The board of supervisors of each county and 503
the governing authorities of each municipality shall be 504
responsible for properly maintaining all bridges replaced or 505
repaired in their respective jurisdictions and for performing 506
National Bridge Inspection Standard (NBIS) compliant inspections 507
under the provisions of this chapter. 508
(2) The State Aid Engineer and his assistants shall make 509
annual maintenance inspections of completed bridge projects and 510
ensure that NBIS compliant inspections are performed as the State 511
Aid Engineer deems necessary. If at any time the State Aid 512
Engineer is of the opinion that a county or municipality has not 513
provided NBIS compliant bridge inspections or proper maintenance 514
as required by subsection (1) of this section, he shall give 515
written notice thereof to the board of supervisors of the county 516
or the governing authorities of the municipality of default and 517
direct such maintenance as may be necessary to be performed. If 518
within sixty (60) days of the receipt of such notice the board of 519
supervisors or governing authorities have not performed such 520
maintenance as may be necessary, then the county or municipality 521
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shall not thereafter be eligible to participate in the Local 522
System Bridge Replacement and Rehabilitation Program. 523
(3) Whenever any county fails to be eligible for the 524
expenditure of monies allocated to it under the provisions of this 525
chapter for a continuous period of two (2) years because it has 526
failed to properly maintain bridges under the Local System Bridge 527
Replacement and Rehabilitation Program, then the county shall 528
forfeit * * * any part of the monies in the Local System Bridge 529
Replacement and Rehabilitation Fund theretofore allocated to it 530
until such time that the county becomes compliant with correcting 531
any deficiencies giving rise to the ineligibility to the 532
satisfaction of the State Aid Engineer. The balance of the monies 533
theretofore allocated to * * * the forfeiting county shall be 534
maintained in an interest bearing, itemized reserve account 535
associated with the Local System Bridge Replacement and 536
Rehabilitation Fund within the State Treasury. If the forfeiting 537
county remains noncompliant and therefor ineligible for 538
expenditure of the allocated funds within an additional period of 539
time established by the Office of State Aid Road Construction, the 540
remainder of the outstanding cumulative balance of the county's 541
funds shall be forfeited for transfer into the State Aid and Local 542
System Bridge Forfeiture Reserve Fund by the State Aid Engineer to 543
be allocated to * * * all other eligible counties, * * * on an as 544
needed basis, for purposes of making corrections to replace or 545
rehabilitate deficient bridges located therein. 546
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(4) In addition to any other provisions of this section, 547
funds collected from the use tax established under the authority 548
of Section 27-67-31(g) and deposited into the Local System Bridge 549
Replacement and Rehabilitation Fund created in Section 65-37-13 550
shall be used to prioritize the timely repair and replacement of 551
deficient local system bridges. Each county shall be allocated a 552
percentage of such funds as they become available, which 553
percentage shall be based: 554
(i) One-half (1/2) on the proportion that the 555
total number of deficient bridges in the county bears to the total 556
number of deficient bridges in all counties of the state; and 557
(ii) One-half (1/2) on the proportion that the 558
total square footage of deck area of all local system bridges in 559
the county bears to the total square footage of deck area of all 560
local system bridges in all counties of the state. 561
SECTION 9. Section 65-37-15, Mississippi Code of 1972, is 562
amended as follows: 563
65-37-15. Notwithstanding any other provisions of this 564
chapter, when all deficient bridges, as defined by Section 565
65-37-3(1)(a), of a county have been replaced or are under 566
contract for replacement or rehabilitation, then monies in the 567
Local System Bridge Replacement and Rehabilitation Fund created 568
under Section 65-37-13, that are allocated to a particular county 569
may be expended for * * * any of the county's local system 570
programs that are specific to deficient bridges, upon presentation 571
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to the State Aid Engineer of a resolution duly adopted and entered 572
on the minutes of the board of supervisors of such county 573
requesting such expenditure and reciting in the resolution such 574
information as may be necessary for the State Aid Engineer to 575
determine that the county is eligible for expenditure of funds 576
under the provisions of this section. 577
SECTION 10. Section 27-104-7, Mississippi Code of 1972, is 578
amended as follows: 579
27-104-7. (1) (a) There is created the Public Procurement 580
Review Board, which shall be reconstituted on January 1, 2018, and 581
shall be composed of the following members: 582
(i) Three (3) individuals appointed by the 583
Governor with the advice and consent of the Senate; 584
(ii) Two (2) individuals appointed by the 585
Lieutenant Governor with the advice and consent of the Senate; and 586
(iii) The Executive Director of the Department of 587
Finance and Administration, serving as an ex officio and nonvoting 588
member. 589
(b) The initial terms of each appointee shall be as 590
follows: 591
(i) One (1) member appointed by the Governor to 592
serve for a term ending on June 30, 2019; 593
(ii) One (1) member appointed by the Governor to 594
serve for a term ending on June 30, 2020; 595
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(iii) One (1) member appointed by the Governor to 596
serve for a term ending on June 30, 2021; 597
(iv) One (1) member appointed by the Lieutenant 598
Governor to serve for a term ending on June 30, 2019; and 599
(v) One (1) member appointed by the Lieutenant 600
Governor to serve for a term ending on June 30, 2020. 601
After the expiration of the initial terms, all appointed 602
members' terms shall be for a period of four (4) years from the 603
expiration date of the previous term, and until such time as the 604
member's successor is duly appointed and qualified. 605
(c) When appointing members to the Public Procurement 606
Review Board, the Governor and Lieutenant Governor shall take into 607
consideration persons who possess at least five (5) years of 608
management experience in general business, health care or finance 609
for an organization, corporation or other public or private 610
entity. Any person, or any employee or owner of a company, who 611
receives any grants, procurements or contracts that are subject to 612
approval under this section shall not be appointed to the Public 613
Procurement Review Board. Any person, or any employee or owner of 614
a company, who is a principal of the source providing a personal 615
or professional service shall not be appointed to the Public 616
Procurement Review Board if the principal owns or controls a 617
greater than five percent (5%) interest or has an ownership value 618
of One Million Dollars ($1,000,000.00) in the source's business, 619
whichever is smaller. No member shall be an officer or employee 620
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of the State of Mississippi while serving as a voting member on 621
the Public Procurement Review Board. 622
(d) Members of the Public Procurement Review Board 623
shall be entitled to per diem as authorized by Section 25-3-69 and 624
travel reimbursement as authorized by Section 25-3-41. 625
(e) The members of the Public Procurement Review Board 626
shall elect a chair from among the membership, and he or she shall 627
preside over the meetings of the board. The board shall annually 628
elect a vice chair, who shall serve in the absence of the chair. 629
No business shall be transacted, including adoption of rules of 630
procedure, without the presence of a quorum of the board. Three 631
(3) members shall be a quorum. No action shall be valid unless 632
approved by a majority of the members present and voting, entered 633
upon the minutes of the board and signed by the chair. Necessary 634
clerical and administrative support for the board shall be 635
provided by the Department of Finance and Administration. Minutes 636
shall be kept of the proceedings of each meeting, copies of which 637
shall be filed on a monthly basis with the chairs of the 638
Accountability, Efficiency and Transparency Committees of the 639
Senate and House of Representatives and the chairs of the 640
Appropriations Committees of the Senate and House of 641
Representatives. 642
(2) The Public Procurement Review Board shall have the 643
following powers and responsibilities: 644
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(a) Approve all purchasing regulations governing the 645
purchase or lease by any agency, as defined in Section 31-7-1, of 646
commodities and equipment, except computer equipment acquired 647
pursuant to Sections 25-53-1 through 25-53-29; 648
(b) Adopt regulations governing the approval of 649
contracts let for the construction and maintenance of state 650
buildings and other state facilities as well as related contracts 651
for architectural and engineering services. 652
The provisions of this paragraph (b) shall not apply to such 653
contracts involving buildings and other facilities of state 654
institutions of higher learning which are self-administered as 655
provided under this paragraph (b) or Section 37-101-15(m); 656
(c) Adopt regulations governing any lease or rental 657
agreement by any state agency or department, including any state 658
agency financed entirely by federal funds, for space outside the 659
buildings under the jurisdiction of the Department of Finance and 660
Administration. These regulations shall require each agency 661
requesting to lease such space to provide the following 662
information that shall be published by the Department of Finance 663
and Administration on its website: the agency to lease the space; 664
the terms of the lease; the approximate square feet to be leased; 665
the use for the space; a description of a suitable space; the 666
general location desired for the leased space; the contact 667
information for a person from the agency; the deadline date for 668
the agency to have received a lease proposal; any other specific 669
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terms or conditions of the agency; and any other information 670
deemed appropriate by the Division of Real Property Management of 671
the Department of Finance and Administration or the Public 672
Procurement Review Board. The information shall be provided 673
sufficiently in advance of the time the space is needed to allow 674
the Division of Real Property Management of the Department of 675
Finance and Administration to review and preapprove the lease 676
before the time for advertisement begins; 677
(d) Adopt, in its discretion, regulations to set aside 678
at least five percent (5%) of anticipated annual expenditures for 679
the purchase of commodities from minority businesses; however, all 680
such set-aside purchases shall comply with all purchasing 681
regulations promulgated by the department and shall be subject to 682
all bid requirements. Set-aside purchases for which competitive 683
bids are required shall be made from the lowest and best minority 684
business bidder; however, if no minority bid is available or if 685
the minority bid is more than two percent (2%) higher than the 686
lowest bid, then bids shall be accepted and awarded to the lowest 687
and best bidder. However, the provisions in this paragraph shall 688
not be construed to prohibit the rejection of a bid when only one 689
(1) bid is received. Such rejection shall be placed in the 690
minutes. For the purposes of this paragraph, the term "minority 691
business" means a business which is owned by a person who is a 692
citizen or lawful permanent resident of the United States and who 693
is: 694
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(i) Black: having origins in any of the black 695
racial groups of Africa; 696
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 697
Central or South American, or other Spanish or Portuguese culture 698
or origin regardless of race; 699
(iii) Asian-American: having origins in any of 700
the original people of the Far East, Southeast Asia, the Indian 701
subcontinent, or the Pacific Islands; 702
(iv) American Indian or Alaskan Native: having 703
origins in any of the original people of North America; or 704
(v) Female; 705
(e) In consultation with and approval by the Chairs of 706
the Senate and House Public Property Committees, approve leases, 707
for a term not to exceed eighteen (18) months, entered into by 708
state agencies for the purpose of providing parking arrangements 709
for state employees who work in the Woolfolk Building, the Carroll 710
Gartin Justice Building or the Walter Sillers Office Building; 711
(f) (i) Except as otherwise provided in subparagraph 712
(ii) of this paragraph, promulgate rules and regulations governing 713
the solicitation and selection of contractual services personnel, 714
including personal and professional services contracts for any 715
form of consulting, policy analysis, public relations, marketing, 716
public affairs, legislative advocacy services or any other 717
contract that the board deems appropriate for oversight, with the 718
exception of: 719
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1. Any personal service contracts entered 720
into by any agency that employs only nonstate service employees as 721
defined in Section 25-9-107(c); 722
2. Any personal service contracts entered 723
into for computer or information technology-related services 724
governed by the Mississippi Department of Information Technology 725
Services; 726
3. Any personal service contracts entered 727
into by the individual state institutions of higher learning; 728
4. Any personal service contracts entered 729
into by the Mississippi Department of Transportation or the Office 730
of State Aid Road Construction; 731
5. Any personal service contracts entered 732
into by the Department of Human Services through June 30, 2019, 733
which the Executive Director of the Department of Human Services 734
determines would be useful in establishing and operating the 735
Department of Child Protection Services; 736
6. Any personal service contracts entered 737
into by the Department of Child Protection Services through June 738
30, 2019; 739
7. Any contracts for entertainers and/or 740
performers at the Mississippi State Fairgrounds entered into by 741
the Mississippi Fair Commission; 742
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8. Any contracts entered into by the 743
Department of Finance and Administration when procuring aircraft 744
maintenance, parts, equipment and/or services; 745
9. Any contract entered into by the 746
Department of Public Safety for service on specialized equipment 747
and/or software required for the operation of such specialized 748
equipment for use by the Office of Forensics Laboratories; 749
10. Any personal or professional service 750
contract entered into by the Mississippi Department of Health or 751
the Department of Revenue solely in connection with their 752
respective responsibilities under the Mississippi Medical Cannabis 753
Act from February 2, 2022, through June 30, 2026; 754
11. Any contract for attorney, accountant, 755
actuary auditor, architect, engineer, anatomical pathologist, or 756
utility rate expert services; 757
12. Any personal service contracts approved 758
by the Executive Director of the Department of Finance and 759
Administration and entered into by the Coordinator of Mental 760
Health Accessibility through June 30, 2022; 761
13. Any personal or professional services 762
contract entered into by the State Department of Health in 763
carrying out its responsibilities under the ARPA Rural Water 764
Associations Infrastructure Grant Program through June 30, 2026; 765
14. And any personal or professional services 766
contract entered into by the Mississippi Department of 767
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Environmental Quality in carrying out its responsibilities under 768
the Mississippi Municipality and County Water Infrastructure Grant 769
Program Act of 2022, through June 30, 2026; 770
15. Any personal or professional services 771
contract entered into by an agency for the design, operation or 772
maintenance of museum exhibits. An agency making a purchase under 773
this exemption shall publicly advertise a Request for 774
Qualifications but shall be otherwise exempt. Any contracts 775
arising from the use of this exemption must be approved by the 776
Public Procurement Review Board prior to execution by the agency; 777
16. Any personal or professional services 778
contract entered into by the Mississippi Department of 779
Environmental Quality in carrying out its responsibilities under 780
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 781
2028; and 782
17. Any contract entered into by the State 783
Department of Health for service on specialized equipment and/or 784
software required for the operation of such specialized equipment 785
for the use by the Public Health Laboratory. 786
Any such rules and regulations shall provide for maintaining 787
continuous internal audit covering the activities of such agency 788
affecting its revenue and expenditures as required under Section 789
7-7-3(6)(d). Any rules and regulation changes related to personal 790
and professional services contracts that the Public Procurement 791
Review Board may propose shall be submitted to the Chairs of the 792
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Accountability, Efficiency and Transparency Committees of the 793
Senate and House of Representatives and the Chairs of the 794
Appropriation Committees of the Senate and House of 795
Representatives at least fifteen (15) days before the board votes 796
on the proposed changes, and those rules and regulation changes, 797
if adopted, shall be promulgated in accordance with the 798
Mississippi Administrative Procedures Act. 799
(ii) From and after July 1, 2024, the Public 800
Procurement Review Board shall promulgate rules and regulations 801
that require the Department of Finance and Administration to 802
conduct personal and professional services solicitations as 803
provided in subparagraph (i) of this paragraph for those services 804
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 805
Department of Marine Resources, the Department of Wildlife, 806
Fisheries and Parks, the Mississippi Emergency Management Agency 807
and the Mississippi Development Authority, with assistance to be 808
provided from these entities. Any powers that have been conferred 809
upon agencies in order to comply with the provisions of this 810
section for personal and professional services solicitations shall 811
be conferred upon the Department of Finance and Administration to 812
conduct personal and professional services solicitations for the 813
Department of Marine Resources, the Department of Wildlife, 814
Fisheries and Parks, the Mississippi Emergency Management Agency 815
and the Mississippi Development Authority for those services in 816
excess of Seventy-five Thousand Dollars ($75,000.00). The 817
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Department of Finance and Administration shall make any 818
submissions that are required to be made by other agencies to the 819
Public Procurement Review Board for the Department of Marine 820
Resources, the Department of Wildlife, Fisheries and Parks, the 821
Mississippi Emergency Management Agency and the Mississippi 822
Development Authority. 823
The provisions of this subparagraph (ii) shall stand repealed 824
on June 30, 2027; 825
(g) Approve all personal and professional services 826
contracts involving the expenditures of funds in excess of 827
Seventy-five Thousand Dollars ($75,000.00), except as provided in 828
paragraph (f) of this subsection (2) and in subsection (8); 829
(h) Develop mandatory standards with respect to 830
contractual services personnel that require invitations for public 831
bid, requests for proposals, record keeping and financial 832
responsibility of contractors. The Public Procurement Review 833
Board shall, unless exempted under this paragraph (h) or under 834
paragraph (i) or (o) of this subsection (2), require the agency 835
involved to submit the procurement to a competitive procurement 836
process, and may reserve the right to reject any or all resulting 837
procurements; 838
(i) Prescribe certain circumstances by which agency 839
heads may enter into contracts for personal and professional 840
services without receiving prior approval from the Public 841
Procurement Review Board. The Public Procurement Review Board may 842
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establish a preapproved list of providers of various personal and 843
professional services for set prices with which state agencies may 844
contract without bidding or prior approval from the board; 845
(i) Agency requirements may be fulfilled by 846
procuring services performed incident to the state's own programs. 847
The agency head shall determine in writing whether the price 848
represents a fair market value for the services. When the 849
procurements are made from other governmental entities, the 850
private sector need not be solicited; however, these contracts 851
shall still be submitted for approval to the Public Procurement 852
Review Board. 853
(ii) Contracts between two (2) state agencies, 854
both under Public Procurement Review Board purview, shall not 855
require Public Procurement Review Board approval. However, the 856
contracts shall still be entered into the enterprise resource 857
planning system; 858
(j) Provide standards for the issuance of requests for 859
proposals, the evaluation of proposals received, consideration of 860
costs and quality of services proposed, contract negotiations, the 861
administrative monitoring of contract performance by the agency 862
and successful steps in terminating a contract; 863
(k) Present recommendations for governmental 864
privatization and to evaluate privatization proposals submitted by 865
any state agency; 866
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(l) Authorize personal and professional service 867
contracts to be effective for more than one (1) year provided a 868
funding condition is included in any such multiple year contract, 869
except the State Board of Education, which shall have the 870
authority to enter into contractual agreements for student 871
assessment for a period up to ten (10) years. The State Board of 872
Education shall procure these services in accordance with the 873
Public Procurement Review Board procurement regulations; 874
(m) Request the State Auditor to conduct a performance 875
audit on any personal or professional service contract; 876
(n) Prepare an annual report to the Legislature 877
concerning the issuance of personal and professional services 878
contracts during the previous year, collecting any necessary 879
information from state agencies in making such report; 880
(o) Develop and implement the following standards and 881
procedures for the approval of any sole source contract for 882
personal and professional services regardless of the value of the 883
procurement: 884
(i) For the purposes of this paragraph (o), the 885
term "sole source" means only one (1) source is available that can 886
provide the required personal or professional service. 887
(ii) An agency that has been issued a binding, 888
valid court order mandating that a particular source or provider 889
must be used for the required service must include a copy of the 890
applicable court order in all future sole source contract reviews 891
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for the particular personal or professional service referenced in 892
the court order. 893
(iii) Any agency alleging to have a sole source 894
for any personal or professional service, other than those 895
exempted under paragraph (f) of this subsection (2) and subsection 896
(8), shall publish on the procurement portal website established 897
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 898
days, the terms of the proposed contract for those services. In 899
addition, the publication shall include, but is not limited to, 900
the following information: 901
1. The personal or professional service 902
offered in the contract; 903
2. An explanation of why the personal or 904
professional service is the only one that can meet the needs of 905
the agency; 906
3. An explanation of why the source is the 907
only person or entity that can provide the required personal or 908
professional service; 909
4. An explanation of why the amount to be 910
expended for the personal or professional service is reasonable; 911
and 912
5. The efforts that the agency went through 913
to obtain the best possible price for the personal or professional 914
service. 915
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(iv) If any person or entity objects and proposes 916
that the personal or professional service published under 917
subparagraph (iii) of this paragraph (o) is not a sole source 918
service and can be provided by another person or entity, then the 919
objecting person or entity shall notify the Public Procurement 920
Review Board and the agency that published the proposed sole 921
source contract with a detailed explanation of why the personal or 922
professional service is not a sole source service. 923
(v) 1. If the agency determines after review that 924
the personal or professional service in the proposed sole source 925
contract can be provided by another person or entity, then the 926
agency must withdraw the sole source contract publication from the 927
procurement portal website and submit the procurement of the 928
personal or professional service to an advertised competitive bid 929
or selection process. 930
2. If the agency determines after review that 931
there is only one (1) source for the required personal or 932
professional service, then the agency may appeal to the Public 933
Procurement Review Board. The agency has the burden of proving 934
that the personal or professional service is only provided by one 935
(1) source. 936
3. If the Public Procurement Review Board has 937
any reasonable doubt as to whether the personal or professional 938
service can only be provided by one (1) source, then the agency 939
must submit the procurement of the personal or professional 940
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service to an advertised competitive bid or selection process. No 941
action taken by the Public Procurement Review Board in this appeal 942
process shall be valid unless approved by a majority of the 943
members of the Public Procurement Review Board present and voting. 944
(vi) The Public Procurement Review Board shall 945
prepare and submit a quarterly report to the House of 946
Representatives and Senate Accountability, Efficiency and 947
Transparency Committees that details the sole source contracts 948
presented to the Public Procurement Review Board and the reasons 949
that the Public Procurement Review Board approved or rejected each 950
contract. These quarterly reports shall also include the 951
documentation and memoranda required in subsection (4) of this 952
section. An agency that submitted a sole source contract shall be 953
prepared to explain the sole source contract to each committee by 954
December 15 of each year upon request by the committee; 955
(p) Assess any fines and administrative penalties 956
provided for in Sections 31-7-401 through 31-7-423. 957
(3) All submissions shall be made sufficiently in advance of 958
each monthly meeting of the Public Procurement Review Board as 959
prescribed by the Public Procurement Review Board. If the Public 960
Procurement Review Board rejects any contract submitted for review 961
or approval, the Public Procurement Review Board shall clearly set 962
out the reasons for its action, including, but not limited to, the 963
policy that the agency has violated in its submitted contract and 964
any corrective actions that the agency may take to amend the 965
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contract to comply with the rules and regulations of the Public 966
Procurement Review Board. 967
(4) All sole source contracts for personal and professional 968
services awarded by state agencies, other than those exempted 969
under Section 27-104-7(2)(f) and (8), whether approved by an 970
agency head or the Public Procurement Review Board, shall contain 971
in the procurement file a written determination for the approval, 972
using a request form furnished by the Public Procurement Review 973
Board. The written determination shall document the basis for the 974
determination, including any market analysis conducted in order to 975
ensure that the service required was practicably available from 976
only one (1) source. A memorandum shall accompany the request 977
form and address the following four (4) points: 978
(a) Explanation of why this service is the only service 979
that can meet the needs of the purchasing agency; 980
(b) Explanation of why this vendor is the only 981
practicably available source from which to obtain this service; 982
(c) Explanation of why the price is considered 983
reasonable; and 984
(d) Description of the efforts that were made to 985
conduct a noncompetitive negotiation to get the best possible 986
price for the taxpayers. 987
(5) In conjunction with the State Personnel Board, the 988
Public Procurement Review Board shall develop and promulgate rules 989
and regulations to define the allowable legal relationship between 990
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PAGE 41 (DJ\KP)

contract employees and the contracting departments, agencies and 991
institutions of state government under the jurisdiction of the 992
State Personnel Board, in compliance with the applicable rules and 993
regulations of the federal Internal Revenue Service (IRS) for 994
federal employment tax purposes. Under these regulations, the 995
usual common law rules are applicable to determine and require 996
that such worker is an independent contractor and not an employee, 997
requiring evidence of lawful behavioral control, lawful financial 998
control and lawful relationship of the parties. Any state 999
department, agency or institution shall only be authorized to 1000
contract for personnel services in compliance with those 1001
regulations. 1002
(6) No member of the Public Procurement Review Board shall 1003
use his or her official authority or influence to coerce, by 1004
threat of discharge from employment, or otherwise, the purchase of 1005
commodities, the contracting for personal or professional 1006
services, or the contracting for public construction under this 1007
chapter. 1008
(7) Notwithstanding any other laws or rules to the contrary, 1009
the provisions of subsection (2) of this section shall not be 1010
applicable to the Mississippi State Port Authority at Gulfport. 1011
(8) Nothing in this section shall impair or limit the 1012
authority of the Board of Trustees of the Public Employees' 1013
Retirement System to enter into any personal or professional 1014
services contracts directly related to their constitutional 1015
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PAGE 42 (DJ\KP)
ST: Office of State Aid Road Construction;
revise authority for use and reallocation of
forfeited funds for roads and bridges.
obligation to manage the trust funds, including, but not limited 1016
to, actuarial, custodial banks, cash management, investment 1017
consultant and investment management contracts. Nothing in this 1018
section shall impair or limit the authority of the State Treasurer 1019
to enter into any personal or professional services contracts 1020
involving the management of trust funds, including, but not 1021
limited to, actuarial, custodial banks, cash management, 1022
investment consultant and investment management contracts. 1023
(9) Through December 31, 2026, the provisions of this 1024
section related to rental agreements or leasing of real property 1025
for the purpose of conducting agency business shall not apply to 1026
the Office of Workforce Development created in Section 37-153-7. 1027
SECTION 11. This act shall take effect and be in force from 1028
and after July 1, 2026. 1029